The Journals of Parliaments
This being so resolved and concluded, it was agreed that M r Attorney General and Mr. Serjeant Drew should go down to the House of Commons, and signify from the Lord's to the Knights and Burgesses, That if they would send any of that House up to the Lord's to receive Answer unto their aforesaid Demands, Answer should be given them. Whereunto the said Knights and Burgesses returned signification of their assent by the said M r Attorney General and M r Serjeant Drew. And in very little time after sent up accordingly the same persons who before had been sent to demand satisfaction. But being come into the House, and having placed themselves at the lower end of the said room, (as at other times they accustomed, except the Lord Keeper and the rest of the Lord's would come from their places and meet them at the Bar to deliver them Answer) the Lord Keeper moved them to come nearer to receive Answer. And when they perceived that the Lord's were resolved not to come from their places to the Bar, they protested by the Mouth of Sir William Knolles, that they had no Commission to receive Answer in that form. And so refusing to receive any Answer, departed. The question and difference thus remaining betwixt the Houses, it was afterwards upon a Motion sent down from the Lord's to the House of Commons agreed on both parts, that a Conference should be had, and that the aforesaid selected persons of the said House of Commons, or so many of them as should be needful should meet with divers of the Lord's of the Upper House (being nominated by the House for that purpose) in the outward great Chamber before the Chamber of Parliament presence, to debate the matter and bring it to a conclusion. Which Meeting and Conference being assented unto, and afterwards accordingly there performed on the .... of January, and the Questions debated and the reasons and observation of former time for the aforesaid Order and Custom of the House being alleged by the Lord Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral, the Lord North and the Lord Buckhurst, that had been present in many Parliaments, (and especially by the Lord Treasurer the most ancient Parliament Man) it was found and observed that the Order and Custom of the House was as is before written; videlicet, that when any Bills or Messages are brought from the House of Commons to be presented 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 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 come 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 thereupon the House of Commons was satisfied, and the same form was afterwards kept accordingly.
On Friday the 20 th day of January, the Answer that came yesterday from the House of Commons to the Objections taken by their Lordships to some points of the Bill Intituled An Act for the increase of people for the service and defense of the Realm, was by the Order of the House refer'd and delivered to the Lord's Committees formerly appointed upon that Bill, on Tuesday the 20 th day of December foregoing, who were required to consider thereof and to make their Report of their Opinions concerning the same.
The Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read primâ vice, A former Bill of that nature having been rejected in the House of Commons.
The Bill for the maintenance of Husbandry and Tillage was read tertiâ vice; and the Amendments and Proviso were thrice read, together with the Bill, and were sent down to the House of Commons for their consideration of the Amendments and Proviso by M r Attorney General and M r D r Stanhop.
The Bill for reforming of sundry abuses committed by Soldiers and others in her Majesty's Services concerning the Wars was read primâ vice. A former Bill of this nature having been considered of by the Committees was by them refused for many defects found therein, and this prefer'd to the House instead thereof.
The House having not time to hear the Council Learned on the behalf of George Ognell and those that follow the Bill for the Hospital of Warwick, as was formerly appointed, a new time was appointed for the hearing of the same, viz. on Monday Morning next, being the 23 th day of this instant January.
Four 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 to reform deceit and breaches of Trust touching Lands given to Charitable uses, was read primâ vice.
On Saturday the 21 th day of January, Four Bills of no great moment had each of them one reading; of which the second being the Bill for repealing of a branch of a Statute made in the thirty fourth year of Hen. 8. Intituled the Ordinance of Wales, was read secunda vice, and committed unto the Archbishop of Canterbury, the Lord Marshall, the Earl of Shrewsbury, the Earl of Worcester, the Bishop of Worcester, the Bishop of Landaff, the Bishop of Chester, the Lord La Ware, the Lord Rich, the Lord Chandois and the Lord Compton; and the Lord Chief Baron and M r Baron Evers to attend their Lordships. Vide concerning this Attendance of the Judges upon the Lord's Committees on Monday the 7 th day of November foregoing.
The parties on both sides concerning the Bill of Edward Mollineux were openly heard by their Council; and thereupon the said Bill was refer'd to Committees, &c. Vide touching this Bill on Tuesday the 13 th day, and on Saturday the 17 th day of December foregoing.
On Monday the 23 th day of January, to which day the Parliament had been last continued on Saturday foregoing, Three Bills of no great moment had each of them one reading; of which the first being the Bill for establishing a Jointure to Anne Lady Wentworth was read primâ vice.
Five Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill for Naturalizing of certain Englishmens Children and others born beyond the Seas, was returned with the allowance of the Amendments expedited. And the third for repressing of offenses that are of the nature of stealth, and are not Felonies by the Laws of the Realm, was likewise returned with allowance of the Amendments expedited.
Committees were appointed to confer with a competent number of the House of Commons concerning the Bill Intituled An Act for the increase of people for the service and defense of the Realm, and the meeting desired to be to Morrow Morning the 24 th day of this instant January before the House sit, which the House of Commons Assented unto, viz. the Earl of Shrewsbury, the Lord Viscount Bindon and others.
The Committees that were appointed for Conference the 12 th day of December foregoing upon the Bill concerning Tellors, Receivers, &c. were now appointed to meet (adding unto them the Earl Marshal) to Morrow, &c. the meeting also assented unto by the House of Commons with a competent number of them.
The Council Learned on part of George Ognell, and on the behalf of the Hospital of Warwick, &c. were openly heard in the House. Vide concerning this business on Monday the 16 th day, Tuesday the 17 th day, and Friday the 20 th day of this instant January foregoing.
Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness.
The Committees in the Bill for punishment of Rogues, Vagabonds, &c. (who were appointed on Saturday the 21 th day of this instant January foregoing) returned the same to the House with some Amendments by the Lord Archbishop of Canterbury, and the Lord Chief Justice required to consider of the Amendments.
Two Bills were brought up to the Lord's from the House of Commons; of which the first being that Lessees may enjoy their Leases against all Patentees, their Heirs and Assigns, notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was presented by Sir Robert Cecil and others.
On Tuesday the 24 th day of January, Three Bills of no great moment had each of them their first reading; of which the first was, that no person robbing any House in the day, although no person be therein, shall be admitted to have benefit of Clergy.
The Bill Entituled An Act for reforming of sundry abuses committed by Soldiers and others used in her Majesty's Services concerning the Wars, was returned by the Lord Marshal second of the Committees, with sundry Amendments thought meet to be added; which Amendments were presently twice read, and after consideration thereof had, and much debate whether the Bill should so pass or no, it was thought necessary to be recommitted to the said Committees (who were appointed on Monday the 16. day of this instant January foregoing) and the time and place appointed presently at the little Chamber near the Parliaments presence. The Bill was brought in again with the same Amendments and no Alteration, and thereupon commanded to be engrossed.
The Bill entitled An Act for the relieving of Clothiers concerning the weight of short, broad and coloured Cloths to be made within the Counties of Suffolk and Essex, was returned to the House by the Earl of shrewsbury the first of the Committees, who made Report that upon hearing of both Parties, and upon due consideration of the reasons and allegations by them alleged, the Committees thought there could not be any further proceedings in the same. Whereupon a new Bill was presented bearing this Title, viz. An Act touching the making of short, broad, course coloured Cloths in the Counties of Suffolk and Essex, which was presently read primâ vice.
The Bill for punishment of Rogues, Vagabonds, &c. was brought into the House by the Lord Chief Justice with certain Amendments.
It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees, may afterwards be contradicted or spoken against by any of the Committees: but the doubt was left for the present unresolved. Vide on Thursday the 12 th day of November in the Parliament. de Anno 43 Regin. Eliz. where this doubt was cleared and ruled affirmatively.
On Wednesday the 25 th day of January, Three Bills had each of them one reading; of which the last was the Bill, that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown.
Sir Moile Finch to be heard by his Council Learned to Morrow openly in the House concerning this Bill.
Four 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 maintenance of Husbandry and Tillage.
Two Bills had each of them one reading; of which the first being the Bill for reforming of sundry abuses by Soldiers and others used in her Majesty's Services concerning the Wars, was read tertiâ vice.
The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays, &c. (who had been appointed on Thursday the 12 th day of this instant January foregoing) had not time at the day formerly assigned; and moving for a new day to be appointed for their meeting, the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber.
Notice was given to the House by the Lord Treasurer, that the Committees upon the Bill concerning Tellors, Receivers, &c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon, according to the Order taken the 23 th day of January: But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers (otherwise than to speak as they should see cause as private men) and desired that the Answer might be communicated to the said Commons in writing; the Lord's therefore sent down the said Answers to the House of Commons by the hands of M r Attorney General, and M r Doctor Stanhop.
The Committees upon the Bill concerning the draining of Waste and Marish grounds, and (who had been appointed on Wednesday the 11 th day of this instant January foregoing) were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon.
The Amendments upon the Bill for punishment of Rogues, Vagabonds, &c. were twice read; And thereupon the Bill with the said Amendments was commanded to be engrossed.
On Thursday the 26 th day of January, the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts, &c. was returned by the Earl Marshal the second of the Committees, by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill. A Motion was therefore made that the Cause might be ended by some Arbitrary Course. Whereupon the Parties on both sides were called into the House and moved to that purpose; unto which they assented, and made choice of the Earl of Rutland, the Lord Bishop of London, and the Lord Mountjoy, who were appointed to meet this Afternoon ( Vide concerning this matter on Tuesday the 17 th day of December foregoing.)
Six Bills of no great moment had each of them one reading; of which the fifth being the Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read tertiâ vice, and sent down to the House of Commons by M r Serjeant Drew and M r Attorney General.
The Bill for the lawful making of Bayes, &c. was returned by the Earl Marshal the second of the Committees, with a Proviso thought meet to be added; which Proviso was twice read, and commanded to be engrossed.
The Bill to reform deceits and breaches of Trust touching Lands given to Charitable uses, was returned to the House by the Archbishop of Canterbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added, which were twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso engrossed in Parchment ready for a third reading.
Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandering persons (who were appointed Yesterday) had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday; their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit.
The Bill entitled An Act for the increase of people for the service and defense of the Realm, was returned to the House by the Earl of Shrewsbury, the first of the Committees. And because it seemed to all the Committees appointed for this Bill (together with the Judges) that notwithstanding the Conference with divers selected persons of the House of Commons, this Bill could not proceed; Order was given to the Judges, and especially to the Lord Chief Justice, to draw a new Bill. Whereupon this new Bill following was brought into the House.
The Bill against decaying of Towns and Houses of Husbandry was read primâ vice.
The Bill against carrying of Pelts, &c. was returned into the House by the Earl Marshal.
Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health.
The like excuse by the Lord Chandois for the Lord La Ware.
The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence.
On Friday the 27 th day of January, Two Bills of no great moment had each of them one reading; of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice: but no mention that it was committed.
The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice.
Certain Amendments upon this Bill were drawn by the Lord Chief Justice, and being allowed by the House were also twice read; and thereupon the Bill with the said Amendments was commanded presently to be engrossed.
The Bill touching the making of short broad, course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury, Lord Viscount Bindon, the Lord Bishop of London, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Zouch, the Lord Wharton, the Lord Darcie of Chich, and the Lord Buckhurst; and the Lord Chief Justice of England, the Lord Chief Baron, M r Justice Owen and M r Baron Evers to attend their Lordships.
Two Bills lastly had each of them their third reading; of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments, was returned to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of the said Amendments.
The Lord Treasurer took his place this day as Baron of Burleigh, between the Lord Buckhurst and the Lord Compton.
The Lord Admiral took his place as Earl of Nottingham, between the Earl of Lincoln and the Lord Viscount Bindon.
And the Lord Chamberlain his place as Baron of Hunsdon, between the Lord Chandois and the Lord S t John of Bletso.
On Saturday the 28 th day of January, the Bill for the lawful making of Bayes, &c. The Bill to restrain the excessive making of Malt, and one other of no great moment were each of them read tertiâ vice, and sent down to the House of Commons by M r Serjeant Drew and Doctor Carew.
The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice, and committed unto the Earl of Essex Lord Marshal, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Chamberlain, the Lord Zouch, the Lord Cobham, the Lord Sandes, the Lord Chandois and the Lord Compton; and M r Baron Clerke and M r Baron Evers or either of them to attend their Lordships.
The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine, was read secundâ vice. But no mention is made in the Original Journal-Book that this Bill was committed; for at the next sitting, viz. Die Lunae 30 o die Januarii, the same Bill was read tertiâ vice, and sent to the House of Commons by Doctor Carew and Doctor Stanhop.
On Monday the 30 th day of January, to which day the Parliament had been last continued on Saturday foregoing, the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees. And because the Committees found many defects therein, so that they thought the same unfit to proceed, they therefore together with the said Bill presented a new Bill entitled as the former, which was read primâ vice.
The Bill touching the making of short broad course coloured Cloths (which was committed on Friday the 27 th day of this instant January foregoing) was returned to the House by the first of the Committees; and therewithal, because the same was by the said Committees thought defective, a new Bill of the same title was likewise presented.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine, was read tertiâ vice, and sent down to the House of Commons by D r Carew and D r Stanhop.
Seven Bills were sent up to the Lord's from the House of Commons; of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Soldiers or Mariners, was returned with the allowance of an Amendment which was added by the Lord's.
Sir Robert Cecil and other Knights and Burgesses that brought the seven Bills last mentioned, and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Soldiers and others used in her Majesty's Services concerning the Wars, to which Conference the Lord's assented, and the time and place appointed to Morrow in the Afternoon at the Great Council Chamber at the Court at Whitehall, and the same Committees that were formerly appointed on Monday the 16 th day of this instant January foregoing, and the Earl of Sussex, the Earl of Shrewsbury, the Earl of Rutland, the Lord Zouch and the Lord Cobham were added unto them.
The Bill Intituled An Act for the enabling of Edmund Mollineux Esq to sell the Lands, &c. was returned to the House by the Earl of Rutland, the first of the Committees or Arbitrators, with Amendments, which were twice read, and agreed, that the Bill should be engrossed. ( Vide touching this matter on Tuesday the 13 th day, and on Wednesday the 14 th day of December foregoing, as also on Thursday the 26 th day of this instant January last past.)
A new meeting was appointed for the Committees upon the Bill Intituled. An Act for reformation of certain abuses touching Wine-Casks, (who were appointed on Thursday the 19 th day of this instant January foregoing) and the time and place appointed to Morrow Morning in the little Chamber near the Parliament presence.
On Tuesday the 31 th day of January, the Committees in the Bill concerning Lessees and Patentees (who had been appointed on Wednesday the 25 th day of this instant January foregoing) were this day appointed to meet to Morrow the first day of February following in the Afternoon in the little Chamber near the Parliament presence, and the Judges there required to attend.
The Bill for retailing Broakers and other Pawntakers was read secundâ vice, and was refer'd to the Committees formerly appointed for that Bill (on Saturday the 14 th day of this instant January foregoing) with Addition of some Lord's, who met presently about the same, and returned the Bill with some Amendments; which being presently twice read, the Bill was commanded to be engrossed.
The Bill for reformation of certain abuses touching Wine-Casks was returned by the Earl of Nottingham, the second of the Committees, with some Amendments; which were presently twice read, and the Bill commanded to be engrossed.
Three Bills of no great moment had each of them one reading; of which the last being the Bill concerning Garret de Malynes and John Hunger Merchant Strangers was read primâ vice.
The Bill for establishing a Jointure to Anne Lady Wentworth was returned unto the House with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and the Bill commanded to be engrossed.
A Motion was made from the House of Commons by Sir John Fortescue and others, that some new time might be appointed for Conference about the Bill Intituled An Act to reform sundry abuses committed by Soldiers, &c. in regard they had appointed some other meeting this Afternoon for preparing of a Bill of Accountants in readiness to proceed, their Lordships having considered of the Motion, made Answer by the Lord Keeper, That they wished (for some good consideration) that the appointed time, viz. this Afternoon might hold for this Conference, supposing that if it pleased the Committees of the House of Commons to come somewhat the sooner this Afternoon for this purpose, they might well enough perform both the one and the other. Vide diem praecedentem.
Two Bills lastly had each of them one reading; of which the first being the Bill for enabling of Edmund Mollineux Esq to sell Lands for payment of his Debts and Legacies, was read tertiâ vice, and sent down to the House of Commons by Serjeant Drew and D r Carew. Vide concerning this matter on Tuesday the 13 th day, and on Saturday the 17 th day of December foregoing; as also on Thursday the 20 th day, and on Monday the 30 th day of this instant January last past.
On Wednesday the first day of February, the Bill Intituled An Act for the reviving, continuance, Explanation, perfecting and repealing of divers Statutes was returned to the House by the Lord Chief Justice with some Amendments, which were presently twice read, and thereupon commandment given to be prepared ready in written Paper for a third reading. It was agreed that a Conference should be had with some of the House of Commons about this Bill upon Friday Morning next.
The Bill for establishing of the Lands given by John Bedford's Will was read secundâ vice, and committed; which said Committees were appointed to meet presently in the little Chamber near the Parliament presence, who returning with some Amendments and a Proviso thought meet to be added to the said Bill, the said Amendments and Proviso were forthwith twice read, and the Bill thereupon commanded to be engrossed.
Two Bills had each of them one reading; of which the second being the Bill for Confirmation of the Jointure of the Lady Varney Wife of Sir Edmund Varney, was returned to the House by the Earl of Shrewsbury, the second of the Committees, with some Amendments, which were presently twice read, and thereupon commanded to be engrossed.
The Bill lastly concerning Garret de Malynes and John Hunger, Merchants Strangers, was read secundâ vice; and the parties on both sides are to be heard openly in the House by their Council Learned on Friday Morning next.
On Friday the third day of February, to which day the Parliament had been last continued on Wednesday foregoing, Three Bills had each of them one reading; of which the first being the Bill for the establishing the Lands given by John Bedford's Will &c. was read tertiâ vice, and sent to the House of Commons by Serjeant Drew and Doctor Stanhop, for their consideration of the Amendments and a Proviso added.
The Amendments and a Proviso in the Bill for recovering of three hundred thousand Acres more or less of Waste Marish and Watery grounds, &c. were this day twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso engrossed in Parchment, ready for a third reading.
Four Bills were brought up to the Lord's from the House of Commons; of which the first was the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham the younger.
The Bill against deceitful stretching and tentering of Northern Cloths was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and Commandment given that the said Amendments should be written in Paper and the Proviso engrossed in Parchment ready for a third reading.
The Council Learned as well on the part of Garrett de Malynes, as of John Hunger, &c. was openly this day heard in the House. I ide concerning this Bill in fine diei praecedentis.
Report was made by the Lord Treasurer, what the substance of the Conference was between their Lordships and certain select Members of the House of Commons concerning the Bill for reviving, continuing and repealing of divers Statutes: And the same was referred to the Lord Chief Justice and others for their further consideration.
On Saturday the 4 th day of February the Bill concerning Broakers and Pawn-takers, the Bill against the deceitful tentering of Northern Cloths, and the Bill for reviving, continuance and perfecting of divers Statutes were each of them read tertiâ vice, and passed the House, and were sent down to the House of Commons (of which the two latter were returned) for their consideration of certain Amendments and Provisoes added by their Lordships.
Two Bills had each of them one reading; of which the second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln in the thirty ninth year of her Reign for the taking the acknowledgment of Statutes Merchants, was upon the second reading committed unto the Earl of Shrewsbury, the Earl of Rutland, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Zouch, the Lord Windsor, the Lord Wharton, the Lord Rich; and M r Justice Clinch to attend their Lordships.
The Bill concerning Garret de Malynes and John Hunger, Merchants Strangers, was read tertiâ vice. Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing.
The Proviso added in the House of Commons concerning the Jointure of Christian Lady Sands was this day twice read.
The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk, was twice read and Ordered to be engrossed.
A Motion was made by the Lord Buckhurst, that the County of Sussex might be added to the general Bill of surrounded Grounds.
The like motion was made by the Lord North and others for the Counties of Somerset and Essex: whereunto the House assented. And the said three Counties were accordingly added to the rest.
On Monday the 6 th day of February, the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln, &c. was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added.
The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees, with a Proviso thought necessary to be added.
Excuse was made by the Earl Marshal for the absence of the Earl of Sussex, in regard of his unhealthiness. The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield.
Four Bills were brought up to the Lord's from the House of Commons; of which the first was for the more speedy payment of the Queens Majesty's debts, &c. and the second against the Excess of Apparel.
The Bill for the explanation of an Act for the necessary relief of Soldiers and Mariners, &c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less, with one other of no great moment, were each of them read tertiâ vice and passed the House, and were sent down to the House of Commons by D r Carew and D r Stanhop.
Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in secundam horam postmeridian. At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor, &c. of the City of Lincoln, &c. were twice read.
The Proviso also added by the House of Commons to the Bill for Confirmation of the Jointure of Christian Lady Sandes, was read the third time, and thereupon the Bill was expedited.
Three Bills also had each of them one reading; of which the first being the Bill for the more speedy paying of the Queens Majesty's debts, and for the better explanation of the Act made Anno 13 o of the Queen, entitled An Act to make the Lands, Tenements, Goods and Chattels of Tellors, Receivers, &c. liable to the payment of their Debts, was read secundâ vice.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem crastinum horâ nonâ.
On Tuesday the 7 th day of February, Three Bills had each of them one reading; of which the last being the Bill against the Excess of Apparel, was upon the second reading committed unto the Earl Marshal, the Lord Admiral, the Earl of Northumberland and others.
Three Bills were brought up to the Lord's from the House of Commons by Sir William Knolles, Sir John Forteseue and others; of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments, which were presently twice read.
The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown, was returned with some Amendments by the Lord Chief Justice, with a Proviso thought meet to be added. Which Proviso and Amendments were once read.
A Message was sent to the House of Commons from their Lordships by M r Serjeant Drew and M r Doctor Carew for a Conference concerning the Bill against excess of Apparel, with a competent number of the said House, and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam secundam postmeridianam.
At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice.
The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time, and thereupon commandment was given, that the said Proviso should be engrossed in Parchment, and the Amendments written in Paper ready for the third reading.
The Bill for Amendments of Highways in the Counties of Sussex, Surrey and Kent was read secundâ vice.
The Bill for reviving, continuance, Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in diem crastinum.
On Wednesday the 8 th day of February, the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were engrossed in the Bill; And thereupon the same Bill with the Amendments were expedited.
The Bill also for Amendments of Highways in the Counties of Sussex, Surrey and Kent, was read tertiâ vice and expedited.
The Bill that Lessees may enjoy their Leases against all Patentees, &c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes.
No continuance of the Parliament is Entred in the Original Book of the Upper House, which seemeth to have happened by the Error of Thomas Smith Esquire, at this time Clerk of the same.
On Thursday the 9 th day of February, Seven Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesty's Reign that now is, was returned with the allowance of the Amendments expedited.
And the second Bill for establishing a Jointure to Anne Lady Wentworth, now Wife of William Pope Esquire, and for the better enabling of the said William Pope to sell certain of his Lands for the payment of his Debts, was returned with some Amendments, which were presently thrice read, and the Bill was thereupon expedited, and five others of no great moment.
Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} in horam tertiam postmeridianam.
Her Majesty somewhat after the said hour of three this Afternoon came unto the Upper House, and being there sat with divers Lord's Spiritual and Temporal, the Knights, Citizens and Burgesses of the House of Commons, with Christopher Yelverton Serjeant at Law their Speaker, having waited a good while at the said Upper House Door, were at length admitted into the said Upper House, viz. as many of them as could conveniently get in; And the said Speaker having made his three Reverences unto her Majesty spake in effect as followeth.
First he shown the happiness of a Common-Wealth governed by Laws, by which Subjects are held in due obedience; which her Majesty observing, had now called a Parliament for the preservation of some Laws, amending of others, cutting off of unnecessary Statutes, and the making of new, never before Enacted; And that her Majesty's Subjects in this Parliament, considering the strength of the Realm to consist in the strength of the Prince and Subjects, and their strength to stand first in the hands of God, and next in Provision of Treasure; And therefore (said he) your Majesty's most humble, dutiful and obedient Subjects have by me their Mouth and Speaker presented here a free gift of their free and loving hearts (And so with that he kneeled down and delivered the Bill of Subsidy, which the Clerk of the Crown received, and laid it on a little Table standing before the Speaker, betwixt two great Wax-Candles on a plain Green Carpet) the which I hope and think was granted without a thought of No, sure I am without the word of a No.
The second part shown a Commandment imposed on him by the House of Commons which was touching Monopolies or Patents of privilege, the which was a set and penned Speech made at a Committee. The third shown a thankfulness of the House of Commons for the Pardon. The fourth and last contained the said Speaker's own Petition, that if any fault had been committed in the House, they might not be now again revived; And if either he had spoken too much or not so much as in duty he ought to have done, he besought her Majesty's Pardon; And that as it had pleased her Majesty to grant Pardon to all her Loving Subjects, so that she would not exempt him alone, &c.
After which Speech ended the Queen called Sir Thomas Egerton Lord Keeper, to whom (kneeling down before her) she spake in private. And so after he went unto a place like a Desk, made even with the Cloth of Estate on the right side, and there made Answer to the Speakers Speech, which in effect was thus much.
OUR Most Dread Sovereign her Excellent Majesty hath given me in Charge to say unto you and the rest of her Loving Subjects, that she doth thankfully accept of their free gift of Subsidy granted by the Commons, which she would not have required, had not the puissance of the Enemy constrained her thereunto. Secondly touching the Monopolies, her Majesty hoped that her dutiful and loving Subjects would not take away her Prerogative, which is the chiefest Flower in her Garden, and the principal and head Pearl in her Crown and Diadem; but that they will rather leave that to her disposition. And as her Majesty hath proceeded to trial of them already, so she promiseth to continue that they shall all be examined to abide the trial and true Touchstone of the Law. Thirdly, touching her Pardon, her Majesty's Pleasure is that I show unto you, that you do not so willingly accept it, as she giveth it, &c.
Fourthly for your Pardon (M r Speaker) her Majesty saith, that you have so learnedly, and so eloquently defended yourself now, and painfully behaved yourself heretofore, as that your labor deserveth double her thanks: But in your Petition I must also join with you in beseeching her most Excellent Majesty, that if anything through want of Experience, or through mine imperfections and ignorance have over-slipped me, it may be pardoned and remitted. And so the Lord Keeper ended his Speech.
Nota, That the several and interlocutory Speeches of the Speaker and of Sir Thomas Egerton Lord Keeper, &c. immediately foregoing, with the coming of the said Speaker and the rest of the House of Commons into the Upper House. are not found in the Original Journal Book of the same House, but are here inserted out of a certain fragmentary Journal of the House of Commons.
After the before-recited Speeches were ended as abovesaid, then were the Titles of all the Acts read in their due Order.
After the passing the Acts, followed the Dissolution of the Parliament in these words, viz.
Dominus Custos magni Sigilli ex mandato Dominae Reginae tune 〈◊〉 it praesens Parliamentum.
Nota, That although after these words ex mandato Dominae sometime the word praesentis doth follow at the end of divers of these Journals during the Queens Reign, where the Dissolution of the Parliament is usually entered; yet elsewhere the said word praesentis is divers times omitted, as well as in this place, as being in itself superfluous, in respect that the aforesaid words Ex mandato Dominae Reginae, &c. do necessarily imply the Royal Presence; for otherwise in her absence there could be no such Dissolution by her Highness Command only, without an express Commission or Letters Patents under the great Seal to that purpose: and howsoever the said words be here omitted, yet it is most certain, that her Majesty was both personally present at that time in the Upper House, and gave her Royal Assent also to such Laws as passed, as doth appear most plainly by that fragmentary Journal of the House of Commons taken by a Member of the same at this Parliament, as is before more particularly mentioned at the end of the Lord Keepers Speech delivered this very Afternoon in Answer to the Commons Speaker or Prolocutor.
Nota also, that whereas in the last Parliament in an. 35 Regin, Eliz. Anno Domini 1592. the Knights, Citizens and Burgesses of the House of Commons had, not without long and great debate both with the Lord's of the Upper House, and by themselves, at length yielded unto the grant of three entire Subsidies and six Fifteenths and Tenths, and had then also given with that Caution, that it might not hereafter be drawn into a Precedent for future times: yet now at this present Parliament de an. 39, & 40 Regin. Eliz. A. D. 1597. the same proportion. and in the Parliament ensuing, which was held in an. 43 Regin. ejusdem Anno Dom. 1601. (which was the last Parliament of her Majesty's Reign) a greater, viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto: whence it is plain, that whatsoever is once granted by the Subject may often be raised, but seldom falleth.
THE JOURNAL OF THE House of COMMONS.
A Journal of the House of Commons 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 present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders, Use and Privilege of the House itself; but containeth in it excellent matter touching the public affairs of Church and State: in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first, and to search into the dangers of the latter. And that this said Journal might be the more exact and copious, in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House, and out of a certain imperfect and fragmentary Journal of the House of Commons.
The ninth Parliament of our Sovereign Lady Elizabeth, by the Grace of God of England, France and Ireland Queen, Defender of the Faith, &c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesty's Reign. Upon which day many of the Knights of the Shires, Citizens of Cities, Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster, being returned into the same Parliament for the same Shires, Cities, Boroughs and Ports, before the Right Honorable the Earl of Nottingham, Lord Steward of her Majesty's most honorable Household: And did then and there in the Room commonly called the Court of Requests, take the Oath of Supremacy, seven or eight at a time (being Enacted by and contained in the Statute de an. 1 Reginae Eliz. Cap. 1.) before the said Lord Steward, and before Sir William Knolles Knight Comptroller of her Majesty's Household, Sir John Fortescue Chancellor of the Exchequer, and Sir Robert Cecil Principal Secretary, his Lordships Deputies. And thereupon the said Knights, Citizens, Burgesses and Barons entering into their own House, and expecting her Majesty's further Pleasure, her Highness then being in her Royal Seat in the Higher House of Parliament, the said Commons were commanded to come before her Highness, and being there Assembled, the Right Honorable Sir Thomas Egerton Knight, Lord Keeper of the Great Seal of England, delivered unto the said Commons the Causes of her Majesty's Calling of this Parliament; and so in the end willed them to repair again into the said House of Commons, and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed; and willed them to present him unto her Majesty upon the Thursday next following. Which done, the said Commons presently repaired unto their own House, and there being Assembled and sitting some space of time very silent, at last the Right Honorable Sir William Knolls one of her Highness most Honorable Privy Council and Comptroller of her Majesty's Household, stood up and spake to the effect following.
Necessity constraineth me to break off this silence, and to give others cause for speech. According to the usual Custom we are to choose our Speaker, and though I am least able and therefore unfit to speak in this place, yet better I deem it to discover my own Imperfections, than that her most sacred Majesty's Commandment to me delivered should not be fulfilled, or your Expectation of this first days work by all our silences to be in any sort frustrate. First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper, (at which all of us, or the most part of us at the least, were present) who very wisely shown the Cause of calling this Honorable Assembly, showing unto us that it is partly for the reforming those Laws which be amiss, partly quite to repeal others, partly to augment those that be good, and partly to Enact new Laws, both for the Honor and profit of her Majesty and for the benefit of the Commonwealth. And in conclusion wished us to depart from whence we came and there to choose our Speaker, who ought to be the Mouth of us all, and to whom we might commit such weighty affairs as in this place should be debated amongst us. For unfit it is if we have occasion to go unto the Sacred presence of her Majesty, to go either confusedly without order, or unorderly without Judgment. Now because that knowledge doth rest in certainty, I will with the more speed set afoot this motion, deliver my opinion unto you, who is most fit for this place, being a member of this House, and those good abilities which I know to be in him (here he made a little pause, and the House hawked, and spat, and after silence made he proceeded) unto this place of dignity and calling in my opinion (here he stayed a little) M r Serjeant Yelverton (looking upon him) is the fittest man to be preferred (after which words M r Yelverton blushed, and put off his Hat and after sat bare-headed) for I am assured that he is yea, (and I dare avow it) I know him to be a man wise and learned, secret and circumspect, Religious and faithful, no way disable but every way able to supply this place. Wherefore in my Judgment I deem him (though I will not say, best worthy amongst us, yet) sufficient enough to supply this place; and herein if any man think I err, I wish him to deliver his mind as freely as I have done; if not, that we all join together in giving general consent and approbation to this motion.
So that the whole House cried I, I, I, let him be. And then Master Comptroller made a low reverence, and sat down; and after a little pause and silence, M r Serjeant Yelverton rose up, and after a very humble reverence made spake in effect thus much.
WHence your unexpected choice of me to be your Mouth or Speaker should proceed, I am utterly ignorant. If from my merits, strange it were that so few deserts should purchase suddenly so great an Honor. Nor from my ability doth this your choice proceed; for well known it is to a great number in this place now assembled, that my Estate is nothing correspondent for the maintenance of this dignity: For my Father dying left me a younger Brother, and nothing to me but my bare Annuity. Then growing to man's estate and some small practice of the Law, I took a Wise by whom I have had many Children, the keeping of us all being a great impoverishing to my Estate, and the daily living of us all nothing but my daily Industry. Neither from my Person or Nature doth this choice arise; for he that supplieth this place ought to be a man bigg and comely, stately and well spoken, his voice great, his carriage Majestical, his Nature haughty and his Purse plentiful and heavy: but contrarily, the stature of my body is small, myself not so well spoken, my voice low, my carriage Lawyer-like and of the common fashion, my Nature soft and bashful, my Purse thin, light and never yet plentiful. Wherefore I now see the only cause of this choice is a gracious and favorable censure of your good and undeserved Opinions of me. But I most humbly beseech you recall this your sudden Election; And therefore because the more sudden, the sooner to be recalled. But if this cannot move your sudden choice, yet let this one thing persuade you, that myself not being gracious in the Eye of her Majesty, neither ever yet in account with any great Personages, shall deceive your expectation in those weighty matters and great affairs which should be committed unto me. For if Demosthenes being so learned and eloquent as he was one whom none surpassed, trembled to speak before Phocion at Athens, how much more shall I being unlearned and unskillful, supply this place of dignity, charge and trouble to speak before so many Phocions as here be? yea, which is the greatest, before the unspeakable Majesty and Sacred Personage of our dread and dear Sovereign; The terror of whose countenance will appall and abase even the stoutest heart; yea whose very name will pull down the greatest courage. For how mightily doth the estate and name of a Prince deject the haughtiest Stomach even of their greatest Subjects? I beseech you therefore again and again to proceed unto a new Election, here being many better able, more sufficient and far more worthy than myself, both for the Honor of this Assembly and general good to the public State.
Thus far out of the aforesaid fragmentary and imperfect Journal, the rest that follows is out of the Original Journal-Book itself.
After which Speech of Serjeant Yelverton's, the Right Honorable Sir John Forteseue Knight, one other of her Highness said most Honorable Privy-Council and Chancellor of her Majesty's Exchequer, stood up and affirming all the said former Speech of the said M r Comptroller in the Commendation and good parts of the said M r Serjeant Yelverton; and inferring further that he the said M r Chancellor had well perceived by the said M r Serjeants own Speech, tending to the disabling of himself to the said place, that he was thereby so much the more sufficient and meet for the same. And so for his part likewise nominating the said M r Serjeant Yelverton to be their Speaker, moved the House further for their liking and resolution therein, who all with one accord and consent yielded unto the said Election. Whereupon the said M r Comptroller and M r Chancellor did rise up and place the said M r Serjeant Yelverton in the Chair. Which done, the said M r Serjeant after some small pause stood up, and giving unto the whole House most hearty thanks for their good opinions and conceit of him, signified unto them nevertheless, that by their good favors he would endeavor when he should come before her Majesty, to be an humble Suitor unto her Highness to be discharged of the said place, if he so could. And immediately the House did rise, and were to meet there again upon the Thursday next following.
On Thursday the 27 th day of October, the House being set, and before M r Speaker went up to her Majesty in the Upper House, M r Chancellor of the Exchequer moved and admonished that none of this House should after this present day enter into the same House with their Spurs on, for offending of others, and withal that none do come into this House before they have paid the Serjeants Fees of this House due unto him according to the accustomed usage of this House in that case.
M r Speaker with the greatest number of the Members of this House after their abiding along time silent, and attending her Majesty's Pleasure, from the Upper House to be sent for thither, did go out of this House towards the said Upper House, there to be the more near and ready to come before her Highness in the said Upper House, at such time as her Majesty should please to send for them. And afterwards being admitted, and the said Speaker presented and allowed by her Majesty according to the usual form in that case accustomed, and returning back again from the said Upper House, attended by the Serjeant of this House, bearing the Mace before him, upon his aforesaid allowance in the Upper House in the said place of Prolocutor he took his place in the Chair, and being there set signified unto the House, that whereas in former times the Order was to have a Bill read before the House did rise, the same could not be so done at this time, because her Majesty had in the Upper House Adjourned this Parliament till Saturday next come seven-night, being the 5 th of November next coming, at eight of the Clock in the Forenoon of the same day, till which time he and all the Members of this House might depart and take their ease. And so then every man went his way.
Nota, That this was a mistake of M r Serjeant Yelverton now Speaker of the House of Commons, for the Adjournment in the Upper House did not nor could not hinder the reading of a Bill in the House of Commons, upon the allowance of their Speaker in the said Upper House, and their return from it, according to the ancient use and custom, although the Adjournment of the Parliament by her Majesty being present in the said House is for the most part accounted an Adjournment of both the Houses. To make which truth more clear, there shall need no other Precedent to be cited than that in the last Parliament de An. 35 Regin. Eliz. where Edward Cook Esquire the Queens Solicitor being chosen Speaker of the beforementioned Commons House was presented unto her Majesty upon Thursday the 22 th day of February, and the words there were, Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum, &c. to the next Saturday following; (by which very words the Parliament was also continued at this time unto the Saturday seven-night after.) And then upon the return of the said M r Cook their Speaker to the House of Commons in the said thirty fifth year of her Majesty, an ordinary Bill touching the pleading of a Bar at large in an Ejectione firmae, had its first reading; although after the reading he there declared, that it was her Majesty's pleasure that the said House should be Adjourned and not meet again until the said Saturday, on which the Upper House met again also. And therefore it is plain, that M r Serjeant Yelverton did at this time not only commit a great error in omitting to read someone Bill or other according to the usual Custom, but was also much mistaken in informing the House that it had been Adjourned and so now stood Adjourned by those words which the Lord Keeper had spoken in the Upper House; for his Lordship at this time, as appears plainly by the Original Journal-Book of that House, did only continue the Parliament and not Adjourn it; which words although spoken by the Queens Commandment being personally present, do only concern the said Upper House, and reach not at all unto the House of Commons, as was directly declared by the Lord Keeper himself in the next Parliament ensuing, in An. 43 Regin. Eliz. after that M r John Crooke, M r Recorder of London, their Speaker, upon his allowance in and return from the said Upper House, on Friday the 30 th day of October in An. eodem, had by a like mistake misinformed the House that it was Adjourned, and so caused it to rise without the reading of any Bill.
And therefore here once for all I have caused the true differences as I conceive in this kind to be here inserted, viz. If the Lord Keeper by the Queens Commandment being personally present, had either prolonged or Adjourned the Parliament, or that her Majesty with her own Mouth had pronounced the said words, or had caused the same to have been done by a Commission under the Great Seal in her absence; in all these Cases it had reached alike both unto the Upper House; and unto the House of Commons.
But if the Queens Majesty had with her own Mouth continued the Parliament, as she did here command the Lord Keeper to do it; yet this had only concerned the Upper House, so that the Lord's could not have met again until the day to which the said Parliament had been continued; but the said House of Commons, whom the said continuance concerned not, might have met each day without intermission, and have agitated such businesses, and have given reading to such Bills, as offered themselves.
And lastly, If the Lord Keeper or Lord Chancellor for the time being do at any time Adjourn or continue the Parliament to a further day, as of course he doth one of them for longer or shorter time, every day the Upper House riseth, and that he doth it not by Command or Commission from the Sovereign for the time being, but do it of course as is aforesaid, this concerns only the Upper House, and the House of Commons are neither bound to take notice of it nor to surcease any of their daily Proceedings upon it.
On Saturday the 5 th day of November the House met about eight of the Clock in the Morning, having through a mere mistake and error of the Speaker and themselves conceived their House to have been Adjourned by the Lord Keeper, the first day of the Parliament, unto this present Saturday, as is more largely declared in fine diei praecedentis.
Nota also, that some part of the Passages of this present Saturday following are transcribed out of the before-recited fragmentary and imperfect Journal.
M r Speaker this Morning, according to the usual course, brought in a Prayer to be used in the House during this Parliament, which was as followeth.
OEternal God, Lord of Heaven and Earth, the great and mighty Counselor, We thy poor Servants Assembled before thee in this Honorable Senate, humbly acknowledge our great and manifold sins and imperfections, and thereby our unworthiness to receive any grace and assistance from thee; Yet most merciful Father since by thy providence we are called from all parts of the Land to this famous Council of Parliament to advise of those things which concern thy Glory, the good of thy Church, the prosperity of our Prince, and the Weal of her people, we most entirely beseech thee, that pardoning all our sins in the Blood of thy Son Jesus Christ, it would please thee by the brightness of thy Spirit to expel darkness and vanity from our minds, and partiality from our Speeches; and grant unto us such wisdom and integrity of heart as becometh the Servants of Jesus Christ, the Subjects of a gracious Prince, and Members of this Honorable House. Let not us, O Lord, who are met together for the public good of the whole Land, be more careless and remiss than we use to be in our own private Causes. Give Grace (we beseech thee) that everyone of us may labor to show a good Conscience to thy Majesty, a good Zeal to thy word, and a loyal heart to our Prince, and a Christian Love to our Country and Common-Wealth. O Lord, so unite and conjoin the hearts of her Excellent Majesty and this whole Assembly, as they may be a threefold Cord not easily broken, giving strength to such godly I aws as be already Enacted, that they may be the better Executed, and Enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected Subjects: That so thy great blessing may be continued towards us, and thy grievous Judgments turned from us. And that only for Christ Jesus sake, our most glorious and only Mediator and Advocate, to whom with thy blessed Majesty and the Holy Ghost be given all Honor and Praise, Power and Dominion from this time forth for evermore. Amen.
M r Francis Bacon spake first, after that one Bill mentioned in the Original Journal-Book of the House of Commons had been read the first time, viz. the Bill against Forestallers, Regrators and Engrossers, and made a Motion against Inclosures and Depopulation of Towns and Houses of Husbandry and Tillage. And to this purpose he brought in, as he termed it, two Bills not drawn with a polished pen, but with a polished heart, free from affection and affectation. And because former Laws are Medicines of our understanding, he said, that he had perused the Preambles of former Statutes, and by them did see the inconveniencies of this matter, being then scarce out of the shell, to be now full ripened. And he said, that the over-flowing of the people here, makes a shrinking and abate elsewhere; And that these two mischiefs, though they be exceeding great, yet they seem the less, because Qui mala cum multis patimur, leviora videntur. And though it may be thought ill and very prejudicial to Lord's that have enclosed great grounds, and pulled down even whole Towns, and converted them to Sheep-Pastures; yet considering the increase of people and the benefit of the Common-Wealth, I doubt not but every man will deem the revival of former Moth-eaten Laws in this point a praise-worthy thing. For in matters of Policy ill is not to be thought ill; which bringeth forth good. For Inclosure of grounds brings depopulation, which brings first Idleness, secondly decay of Tillage, thirdly subversion of Houses, and decay of Charity, and charges to the Poor, fourthly impoverishing the state of the Realm. A Law for the taking away of such inconveniences is not to be thought ill or hurtful unto the general State. And I would be sorry to see within this Kingdom, that piece of Ovid's Verse prove true, jam seges ubi Troja fuit, so in England, instead of a whole Town full of people, naught but green Fields, but a Shepherd and a Dog. The Eye of Experience is the sure Eye, but the Eye of Wisdom is the quick-sighted Eye; and by Experience we daily see, Nemo putat illud videri turpe, quod sibi sit quaestuosum. And therefore there is almost no Conscience made in destroying the savor of the life, Bread I mean, for Panis sapor vitae. And therefore a strict and rigorous Law had need to be made against those Viperous natures who fulfil the Proverb, Si non posse quod vult, velle tamen quod potest; which if it be made by us, and life given unto it by Execution in our several Counties, no doubt but they will prove Laws tending to God's Honor, the renown of her Majesty, the same of this Parliament, and the everlasting good of this Kingdom. And therefore I think them worthy to be read and received.
Thus far out of the aforesaid fragmentary and imperfect Journal: that which follows is out of the Original Journal-Book itself.
In the end of which said Speech, as it should seem, the said M r Bacon did move the House that a Committee might be appointed to consider of the said matter touching Inclosures.
Which done, Sir John Fortescue Chancellor of the Exchequer in like manner shown his opinion in this Case, much answerable to the said Speech of the said M r Bacon; and so moving for a Committee to that end, the House did nominate all the Privy Council being Members of this House, all the Knights of the Counties and all the Citizens of the Cities returned into this present Parliament, Sir Edward Hobby, M r Francis Bacon, M r Nathaniel Bacon, Sir Wiliam Moore, M r Solicitor, M r Finch and divers others, who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon of this present day.
M r Finch showing sundry great and horrible abuses of idle and vagrant Persons greatly offensive both to God and the world; And further showing the extreme and miserable estate of the Godly and honest sort of the poor Subjects of this Realm, moved for a Committee of this House to be selected for consideration to be had for redress thereof. Whereupon the same was referred to the former Committees in the Bill touching Inclosures and converting of Tillage into Pasture.
M r Speaker putteth the House in remembrance for a Committee to be nominated to deal and travel in the examination of such Causes as shall occur in this House touching Privilege and Returns during this present Sessions of Parliament, and from time to time to make Report to this House of their travel and proceedings therein, as occasion shall serve. Whereupon were nominated all the Privy Council being Members of the House, Sir William Moore, M r Recorder of London, Sir Thomas Knivet, M r Attorney of the Duchy, M r Attorney of the Court of Wards, M r Doctor Heyward Master of the Requests, M r Luke, M r Edward Lukenour, M r William Cecil, M r Robert Wroth, Sir William Eyre, Sir Francis Hastings, M r Miles Sandes, M r Michael Stanhop, M r Francis Bacon, Sir Edward Hobbie, M r Solicitor, M r Tasbrough, M r Conisby, M r George Moore, Sir Edward Hastings, M r Finch, M r Crew M r Peak, M r Serjeant Hayle, M r Lyel, M r Jeram Horsey, M r Hubbard, M r Amersam, M r Edward Boer, M r Litten M r Nathaniel Bacon, M r Angeire, M r Combes and M r Robert Knolls, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber.
Sir Thomas Knivet, being a Member of this House returned one of the Citizens of the City of Westminster shown unto this House, that being a Member of this House, he was since the beginning of this Parliament served with a Subpoena to appear in the Chancery, which he taketh to be done to the infringing of the privilege and liberties of this House. Wherein praying the consideration of this House in that behalf, he is referred to attend the Committees formerly nominated at the said time and place, before appointed. Vide November 9.
The Bill for taking away of Clergy from Offenders against a Statute made in 3 Hen. 7. concerning the taking away of Women against their wills unlawfully, was read the first time.
On Monday the 7 th day of November, Four Bills of no great moment had each of them one reading; of which the last being the Bill against Forestallers, Regrators and Engrossers was upon the second reading committed unto M r Chancellor of the Exchequer, M r Francis Bacon, the Citizens for London, York, Coventry, Bristol and Gloucester, M r Nathaniel Bacon and others, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon; and the Bill and Committees names were delivered upon Tuesday next following to M r Chancellor of the Exchequer one of the Committees.
The Bill for taking, away of Clergy from Offenders against a Statute made in the third year of H. 7 th concerning the taking away of Women against their wills unlawfully, was upon the second reading committed unto M r Solicitor, M r Peutridge, M r Recorder of London, M r Bayes, Mr. Finch, Mr. Bourcher and Mr. Duport, to go presently together into the Committee Chamber of this House; who taking the Bill with them and returning again very soon after, they had inserted into the Bill these words, viz. [hereafter to be committed.] Which words being read unto the House, and not well liked of, were stricken out, and these words were set down therein by the consent of the House, viz. [to be committed after the end of this present Session of Parliament] and were then twice read. And so the Bill upon the question was Ordered to be engrossed.
On Tuesday the 8 th day of Nov. Two Bills of no great moment had each of them one reading; of which the second being the Bill touching the transporting of Sheep-Skins and Pelts, was read the first time.
Mr. George Moore shown the great and burthensome charge of the Subjects of this Realm, being compelled upon great penalties with the keeping and having of sundry sorts of Armor and Weapons which are altogether unprofitable for any use or service, and are charged nevertheless with the finding and providing of such other Armor and Weapons besides from time to time, as the Captains which were appointed to take charge, upon any occasion of service will call for and appoint at their own pleasure. And so for redress thereof, and for some certainty to be set down by Law touching the having and keeping of such Armor and Weapons, moved that a selected number of this House may be appointed to have Conference and consideration about the same. Whereupon were named for that purpose M r Comptroller, Sir George Carey, Sir George Gifford, Sir Thomas Conisby, Sir Thomas Cecil, Sir Henry Bromley, Sir Francis Hastings, Sir Edward Hastings, M r Thomas Knivet, M r George Moore, Sir Edward Hobby, Sir William Brereton, Mr. Leonard, Sir John Stacy, Sir Henry Norris, Mr. Francis Bacon, Sir Edmund Carey, Sir William Moore, Mr. Recorder, Mr. Francis Moore, Mr. Edmond Boyer, Sir Richard Knightley, Sir Gervase Clifton, the Knights for all Shires, Sir Anthony Cope, all Deputy Lieutenants of Shires being Members of this House, Sir Henry Bamfield, Mr. Oglethorp, Mr. Miles Sandes, Mr. Warwick Heyle, Sir Henry Nevill, Mr. Francis Foscue, Sir William Woolgrave, Sir William Air, Sir Henry Gawdie, Sir Robert Southwell, Mr. Lieutenant of the Tower, Mr. Henry Finch, Mr. Bourchier, Mr. Boys, Mr. Attorney of the Duchy, Mr. Attorney of the Wards, Mr. John Boyer, Mr. Edward Lewkenor, Mr. Robert Sackvile, Mr. Tasbrough, Mr. Francis Goodwin, Mr. Angier, Mr. Emersam, Mr. John Lees and Mr. Adrian Gilbert, and appointed to meet in this House upon Saturday next at two of the Clock in the Afternoon; and the Committees names were delivered to Mr. Comptroller.
Two Bills had each of them one reading; of which the second being the Bill for the due performance of the last Will and Testament of George Durant, was upon the second reading committed unto Sir Edward Hobbie, Mr. Francis Bacon, Mr. Francis Moore, Mr. Wimarke, Sir Robert Wingfeild, Mr. John Wingfeild, Mr. Oglethorpe, Sir Thomas Cecil and Mr. James Harrington, who were appointed to meet to Morrow in the Afternoon in the Exchequer Court at two of the Clock; and the Bill was delivered to Sir Thomas Cecil one of the said Committees.
Sir Francis Hastings moved for the abridging and reforming the excessive number of superfluous and burdensome penal Laws. Which Motion being seconded by Mr. Francis Bacon and others, the consideration of the managing thereof was committed unto all the Privy-Council being Members of this House, all the Serjeants at Law being likewise Members of this House, all the Lawyers of this House, Mr. Miles Sandes, Mr. Tasbrough, Mr. George Moore, Mr. Lewkenor, Mr. Nathaniel Bacon, Mr. George Rotheram, Mr. Stephenson, Mr. Conisbie, Mr. Dykes, Mr. Crompton and others, and all the Knights for the Counties and for the City of London returned into this House, Sir William Moore, Sir Edward Hobbie, Mr. Heyle, Sir Thomas Hobbie and Mr. Hubbard, who were appointed to meet in this House upon Thursday next at two of the Clock in the Afternoon.
Mr. Brograve Attorney of the Duchy, one of the Committees for the Examination of matters of privilege and of Returns, (whose names see on Saturday the 5 th day of this instant November foregoing) shown, that he and sundry others of the Committees had met together about those businesses, according to the charge of this House in that behalf imposed upon them; and that the other Committees did appoint him to make report unto this House of their travels in this said business: And shown, that as concerning the Liberties and Privileges of the Members of this House, they are of opinion, that the serving of the Subpoena upon Mr. Thomas Knivet, one of the Members of this House, signified by himself unto this House on Saturday immediately foregoing, is a manifest contempt committed against this whole House, to the apparent prejudice of the Liberties and Privileges of this House, as by some Precedents under the Clerk of this House his hand, in like former Cases accustomed, and shown further unto the said Committees, it did appear; in that by reason of such Process served upon any Member of this House, the same Member so served with such Process must needs of force be withdrawn from his Service in this House, both in his mind and in his person, by the mere necessity of following his own private business occasioned by the said Process so served upon him: And therefore do resolve, that the said Mr. Thomas Knivet ought to be freed from the serving of the said Subpoena. And because the said Mr. Knivet affirmed unto the said Committees, that the Parties that served the said Subpoena upon him did execute the same in very dutiful and lowly manner; and that also the said party being examined by the said Committees did affirm and protest unto them, that he did not know the said Mr. Knivet to be a Member of this House, when he served him with the said Subpoena, the Committees were of Opinion to have the said party remitted without any further punishment to be inflicted upon him for the same, if this House should so think good, and else not. And where one Precedent in Quinto of Queen Mary was shown unto the said Committees, whereby it appeared that a Member of this place at that time being served with a Subpoena out of the Chancery in Parliament time, was upon Declaration thereof made unto this House allowed to have the benefit and privilege of this House; and for the due accomplishment thereof, this House did then send two Members of the same to the then Lord Chancellor of England, requiring his Lordship in the name of this whole House to revoke the said Subpoena, as by the same Precedent may appear; he shown that the resolution of the said Committees in this Case, for the said Mr. Knivet, is, that in like manner two of the Members of this House may be sent by the Order of this House in the name of the whole House, to the now Lord Keeper, to require his Lordship to revoke the said Subpoena served upon thesai d Mr. Knivet, if this House shall so think good. And further, as concerning Returns, that he and the residue of the Committees had seen the Return of the Sheriff of the County of Dorset for the electing into this Parliament the Burgesses of the Borough of Weymouth and Melcomb Regis, heretofore two distinct Boroughs, but of late years united and incorporated into one by her Majesty's Letters Patents, with ability and privilege nevertheless to elect four Burgesses into the Parliament as in former times they had used to do, when they were distinct Boroughs. And that the Mayor, Bailiffs, Commonalty and Burgesses of Weymouth and Melcomb Regis had upon the Sheriffs Precept directed unto them elected four Burgesses, and returned them under the Seal of their Corporation, and that the Bailiffs have elected two others besides, which four Burgesses are certified into this House from the Clerk of the Crown, and are sworn into the same House accordingly; but the said other two Burgesses are neither certified nor sworn into this House, neither elected by Precept from the said Sheriffs for anything the said Committees could perceive. And that therefore their Opinion was, that the said four Burgesses so as aforesaid duly and orderly elected and returned, should still continue Members of this House, and not the other two so indirectly returned, if it shall be so thought good unto this House; for that the said two Burgesses, if they find themselves aggrieved or injured in the said Election, may take their remedy against the Sheriffs. All which being recited unto the House by Mr. Speaker, it was Ordered thereupon, that Sir Edward Hobby, and the said Mr. Attorney of the Duchy should be sent by this House unto the said Lord Keeper with the said Message touching the said Subpoena, and the party that served the same Subpoena should be discharged, and the said four Burgesses for Weymouth and Melcomb Regis continued accordingly.
Mr. Wingfield reneweth in some parts a Motion of Mr. Francis Moore delivered yesterday in this House touching sundry enormities growing by Patents of Privilege and Monopolies, and the abuses of them, together with some Speeches therein then had by Mr. Secretary; and Mr. Solicitor making some reply, Mr. Nathaniel Bacon seconded the said Mr. Wingfield: which done, Sir Francis Hastings moved for a Committee to take particular Informations of the abuses of the said Patents of privilege, the better to be instructed in the courses of the same, for the more ready preparation to further means for redress to be had therein; but it was then no further proceeded in by reason the day was far spent. Vide concerning this business on Wednesday the 9 th day, Thursday the 10 th day, and Wednesday the 16 th day of this instant November ensuing, as also on Wednesday the 14 th day of December following, where it was agitated by the House, but nothing concluded in it; only the Speaker moving her Majesty about it the last day of this Parliament, she promised Reformation therein.
On Wednesday the 9 th day of November, Two Bills had each of them one reading; of which the second being the Bill to suppress multitude of Maulsters, was upon the second reading committed unto Sir Robert Wroth, Mr. Hubberd, the Burgesses of York, Hull, Worcester and Gloucester, and M r Nathaniel Bacon and others, and the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet at two of the Clock in the Middle-Temple Hall. Vide Jan. 12.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for Amendment of Weavers and Spinners Wages was read the first time.
Sir Edward Hobbie shown, that himself and Mr. Brograve Attorney of the Duchy, have according to the direction of this House unto them, been with the Lord Keeper of the Great Seal, and in the name of this whole House did require his Lordship to revoke two Writs of Subpoena which were served upon Mr. Thomas Knivett a Member of this House since the beginning of this Sessions of Parliament; and that his Lordship thereupon demanded of them whether they were appointed by any advised consideration of this House to deliver their Message unto him with the word Require in such manner as they had done or no; and that they Answered his Lordship, Yea. And that his Lordship then said, that as he thought very reverently and honourably of this House, and of the Liberties and Privileges of the same, so to revoke the said Subpoena in that sort, was to restrain her Majesty in her greatest Power, which is Justice, in the place wherein he serveth under her: And that he said he would be further advised before his giving Answer to this House, as the House was advised to send unto him the said Message. Vide concerning this business on Saturday the 5 th day, and on Thursday the 8 th day of this instant November foregoing. But what further proceeding ensued touching the serving of the said Subpoena is not found in the Original Journal-Book of the House of Commons; but it's likely the Lord Keeper did further satisfy the House.
After this Report made, the House (but upon what occasion is not set down) began to name Committees touching Monopolies and Patents of privilege; of which Sir John Fortescue Chancellor of the Exchequer, Mr. Barker, Mr. Lawrence Hide, and some nine others being appointed, Mr. Secretary Cecil moved the House, that the day being now far spent and the business in agitation of great weight, the nominating of the said Committees might be deferred till the day following, and that then also it might be discussed and set down touching what matters the said Committee should treat. Whereupon upon the Question it was deferred accordingly. Vide plus concerning this matter on Tuesday the 8 th day of this instant November foregoing.
On Thursday the 10 th day of November, the Bill for the establishing of the Town Lands of Wanting in the County of Berks to the relief of the Poor, amendments of Highways, and maintaining of a School-Master within the Town of Wanting aforesaid, was upon the second reading committed unto Mr. Comptroller, the Knights for the County of Berks, Mr. Henry Nevill, Sir Humphrey Foster, M r Solicitor, Mr. Francis Moore, Mr. Oglethorpe, Mr. Lawrence Hide, Mr. 〈◊〉 , Mr. Tasbrough, and Mr. Oldsworth; and the Bill was delivered unto M r Francis Moore, who with the rest was appointed to meet upon Saturday next at two of the Clock this Afternoon in this House.
Three Bills also of no great moment had each of them one reading; of which the last being the Bill for re-edifying the Town of Langsord Estover in the County of Somerset, was upon the second reading committed unto the Knights for the County of Somerset, Sir Francis Hastings and others; and the Bill was delivered to Sir Francis Hastings, who with the rest was appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall.
The Bill for taking away Clergy from certain Offenders, was sent up to the Lord's by M r Comptroller, M r Chancellor and others; in the mean time whereof, and before they were gone into the Upper House, they met M r Doctor Stanhop by the way with a Message to this House, and so returned back to this House till the said Message was delivered by the said Mr. Doctor Stanhop, who coming from the Lord's said he had a private Message from their Lordships to Mr. Speaker, and so speaking unto the Speaker and departing, again, Mr. Speaker did thereupon tell this House, that the Lord Keeper did send privately unto him from the Lord's to know whether this House had expedited any Bill to send unto their Lordships.
The Bill for Amendment of Weavers and Spinners Wages was read the second time, and upon the question committed unto Mr. Chancellor of the Exchequer, Sir William Moore, Mr. Martin, the Burgesses of Nottingham and Derby, Mr. Nathaniel Bacon and others; and the Bill with a Note of the Committees names was delivered to Sir William Moore, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon at the Guild-Hall.
Mr. Walgrave moved touching the abuses of Licences for Marriages granted by Ecclesiastical persons, and prayeth consideration may be had for reformation thereof by this House.
Mr. Davies reneweth the motion touching Monopolies and the abuses of Patents of Privilege. Whereupon after sundry other Speeches of other Members of this House, some of them tending to urge the nomination of Committees in regard it was Yesterday Ordered upon the question that there should be a Committee for that purpose, these Committees following were nominated, all the Privy Council being Members of this House, Sir Francis Hastings, Sir Edward Hastings, Sir Henry Bromley, Mr. Foulke Grevil, Sir William Cornwallis, all the Knights of all Shires, Mr. Francis Moore, Mr. Oldsworth, Mr. Lawrence Hide, the Burgestes of Rochester, Mr. Robert Wingfield, Sir Robert Wroth, Mr. Francis Bacon, Mr. Henry Yelverton, the Burgesses of all Port Towns, Sir Thomas Egerton, Mr. Nathaniel Bacon, Mr. Henry Nevill, Mr. John Bowyer, Sir William Moore, the Knights and Citizens for London, the Citizens for York, Mr. Tasbrough, Mr. Jerome Horsey, Mr. Davies, Mr. Hubberd, Mr. Doctor Crompton, Mr. Finch, Mr. Edmund Boyer, Mr. Hext, Mr. Jackman, Mr. Hicks, Mr. John Harper, Mr. Angier, Sir William Howard, Sir John Lewson, Mr. Bourcher, Mr. Pembridge, Mr. Henry Lewsey, Mr. Conisbie, Mr. Jackson, Mr. Portington, Burgesses of Derbie, who were appointed to meet upon Tuesday next in this House at two of the Clock in the Afternoon. Vide concerning this business on Tuesday the 8 th day of this instant November foregoing.
On Friday the 11 th day of November, Four Bills of no great moment had each of them one reading; of which the first was the Bill concerning the Hospital of Warwick.
Mr. Robert Wing field, Mr. Doctor James and Mr. Simnell do show sundry great abuses by Licences for Marriages without Banes, granted by Registers and other inferior Officers: Whereupon Sir Thomas Cecil moved for a Committee for drawing of a Bill for Reformation thereof. Whereupon were nominated Sir Thomas Cecil, Mr. Simnell, Mr. Finch, Mr. Doctor James, Mr. Nathaniel Bacon, Mr. Robert Wingfield and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in Grayes-Inn.
Mr. Hext moved touching the abuses of Probates of Wills.
Sir Francis Hastings shown, that the Committees in the motion touching Inclosures and Tillage, and in the motion touching the punishment of Rogues and relief of the Poor (who were appointed on Saturday the 5 th day of this instant November foregoing) had spent all their travel hitherto only about the said Inclosures and Tillage, and nothing about the said Rogues and Poor, and signifying that some Members of this House have travelled for framing of two or three Bills for that purpose of Rogues and Poor, moved that those Bills might be received into the House to be further considered of; and so it was thereupon yielded unto by the House accordingly.
Sir Edward Hobbie moved for a Committee for continuance of Statutes. Whereupon were nominated Mr. Attorney of the Duchy, and Mr. Attorney of the Court of Wards, Sir Robert Wroth, Mr. Solicitor, Sir Edward Hobbie, Mr. Francis Moore, Mr. Bourcher, Mr. Francis Bacon, all the Serjeants at Law being of this House, Sir William Moore and others, and a Note of the Committees names delivered to Sir Robert Wroth, who with the rest was appointed to meet upon Thursday next at the Inner-Temple Hall at two of the Clock in the Afternoon.
On Saturday the 12 th day of November, Four Bills of no great moment had each of them one reading; of which the last being the Bill for the repeal of the Statute of the twenty third of the Queens Majesty, Intituled, An Act for the increase of Mariners and maintenance of the Navigation, was upon the second reading committed unto all the Burgesses of the Port Towns, all the Citizens for London, York, Hull and Norwich, the Burgesses of Caernarvon, Mr. Miles Sandes and others; and the Bill was delivered to the said Mr. Sandes, who with the rest was appointed to meet on Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall.
M r George Moore, one of the Committees for privileges and Returns (whose names see before on Saturday the 5 th day of this instant November ) shown the differences for the Returns of Ludlow, before the Committees, which grew from the Sheriffs directing of his Precept to the Bailiff of the Borough of Ludlow in the singular number, whereas it should have been to the Bailiffs thereof in the plural; and thereupon the House was divided, whether the Sheriff who might through hast or want of Experience run into that Error, ought to be punished, or the Town of Ludlow, which had, as might well be concluded, willfully made use of that his Error. Mr. Francis Moore, Mr. Nathaniel Bacon, Mr. Edward Lewkenor and others urging, that the Town ought to be amerced; and Mr. Bourchier, Mr. Recorder of London, Mr. Pelham, and others urging, that the Sheriff ought to be amerced: It was upon the Question referred to the former Committees, and if it cannot be divided by them, then they are to learn the Opinion of some of the Judges.
The Bill against the Counterfeiting of the Hands of the Lord's was read the second time, and upon the Question was committed unto all the Privy-Council being Members of this House, all the Serjeants at Law which are of this House, Mr. Brograve Attorney of the Duchy, Sir Tho. Hobbie and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Exchequer Chamber.
The Bill for the better Answering of her Majesty's Tenths and Subsidies from the Clergy was upon the second reading committed to M r Chancellor of the Exchequer, Mr. Solicitor, Mr. Recorder, M r Nathaniel Bacon, M r Wingfield, Sir Edward Hobbie and others, who were appointed to meet on Wednesday at two of the Clock in the Afternoon in the Exchequer Chamber; and the Bill was delivered to M r Solicitor.
Sir Robert Wroth, one of the Committees in the Bill to suppress the multitude of Maulsters, (who had been appointed on Wednesday the 9 th day of this instant November foregoing) shown that the Committees have met and have travailed therein, and thought good to draw a new Bill; and so brought in both the old Bill, and also the new Bill.
On Monday the 14 th day of November, M r Lawrence Hide, one of the Committees in the Bill concerning the Town of Wanting (whose names see on Thursday the 10 th day of this instant November foregoing shown the meeting of the said Committees and some Amendments made by them in some parts of the said Bill; which Amendments being twice read unto the House, the Bill was upon the question Ordered to be engrossed.
M r George Moore, one of the Committees in the Motion touching Armor and Weapons, who were appointed on Tuesday the 8 th day of this instant November foregoing, shown their meeting upon Saturday last, and required to have a new day of meeting, and that some of the Lawyers which are of this House being in this Committee may then attend in the same. Whereupon day was given to meet again in this House upon Wednesday next at two of the Clock in the Afternoon; and the Committees names being then read by the Clerk, M r Serjeant Williams, Serjeant Harris and Serjeant Heyle were added unto them.
M r Simnell, one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes (appointed on Friday the 11. day of this instant November foregoing) shown, that the Committees have met together, but did not conclude of anything, by reason that it was doubtful whether they were to treat of that matter only, or else both of the same, and also touching the stealing away of Men's Children without assent of their Parents, and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same, being before several propounded at the Motion of sundry Members of this House.
Sir John Fortescue Chancellor of the Exchequer shown, that her Majesty did yesterday last call Mr. Secretary and himself unto her, and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House, and minding due punishment and redress of the same, commanded them to take information of the grievances in particular of the Members of this House, that her Highness having certain notice thereof, may thereupon give order for the due punishment and redress accordingly. Whereupon after sundry other Speeches tending to sundry courses, but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor, it was in the end resolved, that the former Committees (who were appointed on Friday the 11 th day of this instant November foregoing, to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking) should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose, and that Sir Thomas Cecil, Sir Francis Hastings, Sir Robert Wroth, Sir Edward Hobby, Mr. Robert Wingfield, Mr. Fulk Grevill, Mr. Nathaniel Bacon, Mr. Symnell, Mr. George Moore, Mr. Francis Bacon, Mr. Francis Goodwin, Sir Edward Hastings, Sir Henry Worth, Sir Anthony Cope, Sir William Moore, Mr. Hexte, Sir John Sudmore, Mr. Finch and Mr. Francis Moore, should receive Informations of the grievances touching Ecclesiastical Causes, this day moved in the House, and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber. Vide Nov. 16.
M r Francis Bacon, one of the selected Committees concerning Inclosures and Tillage, moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees, (who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing) to the end that thereupon the same may afterwards be reported unto this House accordingly. Whereupon it was Ordered, that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon.
M r Francis Moore, one of the Committees in the Bill against Forestallers, Regrators and Engrossers, &c. shown the meeting of the Committees in that Bill, and some Amendments by them made in the same; and so delivereth in the same Bill so amended.
The Bill for repressing of Robberies, and touching Huy and Cry, was read the second time, and upon the question for Commitment was denied to be committed, and upon another question for the ingrossing, was denied to be engrossed, and so rejected.
On Tuesday the 15 th day of November, Five Bills of no great moment had each of them one reading; of which the first being the Bill for extirpation of Beggars, was read the first time.
Sir Robert Wroth, one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen. Intituled An Act for increase of Mariners and for maintenance of Navigation (who were appointed on Thursday the 10 th day of this instant November foregoing) brought in the Bill with some Amendments made by the Committees; which Amendments being twice read in the House, the Bill was afterwards and after some Speeches against the Bill, Ordered to be engrossed upon the question.
M r Serjeant Drew and M r D r Stanhop do bring from the Lord's the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully, which Bill their Lordships have also passed with a Proviso thereunto annexed.
The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time, and passed upon the question.
M r Chancellor of the Exchequer, putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesty's direction touching the Causes of her Highnesses calling of this Parliament, and showing at large her Majesty's great and excessive Charges sustained for the defense of her Highnesses Realms and Dominions against the force of the King of Spain, amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament; and declaring further the great necessity of some Mass of Treasure, to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesty's Forces in defense of her Highness Realms, Dominions and Subjects against the Forces and Invasions of the said King of Spain; and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary, moved for a selected Committee of this House, to be nominated to treat and consult concerning that matter.
M r Secretary Cecil shown at large the purposes, practices and attempts of the said King of Spain against her Majesty and her Realms, Dominions and Subjects, in divers sorts and at sundry times, together with his great overthrows in the same by the mighty hand of God, and of her Highnesses Forces, to his perpetual ignominy and great dishonor throughout the whole World. And so after a large discourse most excellently delivered by him, concluded with a Motion for proceeding to the said Committees. Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon, It was agreed, that all the Privy-Council being Members of this House, all the Knights returned for the Counties into this present Parliament, and all Citizens for Cities returned into this House, should meet about the said business on Friday next at two of the Clock in the Afternoon in this House, and any other of this House then to come to them also at their pleasures that will. Vide plus on Wednesday the 7 th day of December following.
On Wednesday the 16 th day of November, Four Bills had each of them one reading; of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton, and the Burgesses for the Town of Northampton, Mr. Edward Montague, Sir Edward Hobbie and others; And the Bill was delivered to Sir Thomas Cecil. All which were appointed to meet at two of the Clock in the Afternoon of this day at Sir Thomas Cecil's House.
Sir Edward Hobby, one of the Committees for the Information of Grants lately moved in this House in Ecclesiastical Causes, moved for a new day of meeting. Whereupon Monday next in the Afternoon was appointed for the same, and to be in this House.
Nota, That although her Majesty had formerly been exceeding unwilling and opposite to all manner of Innovations in Ecclesiastical Government; yet understanding at this Parliament of divers gross and great abuses therein, she had on Monday the 14 th day of this instant November foregoing, not only given leave and liberty to the House of Commons to treat thereof, but also had encouraged them to proceed in the reformation thereof, by a Message brought unto the said House by Sir John Fortescue Chancellor of the Exchequer. Whereupon the aforesaid Committee here mentioned by Sir Edward Hobby was appointed. Touching whose further proceedings in the said matter, see on Monday the 21 th , and on Tuesday the 22 th day of this instant November ensuing.
The Bill for keeping of Horses from stealing was upon the second reading committed unto M r Hubberd, Sir Robert Wroth, M r Maynard, M r Portington, Sir William Brereton, M r Henry Nevill, M r Pennington and others; And the Bill and Committees names were delivered to M r Hubberd, who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall.
The Amendments in the Bill against Forestallers, Regrators and Engrossers were twice read, and the Bill was committed to the former Committees, (who were appointed to meet on Monday the 7 th day of this instant November foregoing) And there were added unto them M r Hext, Sir Robert Wroth, M r Francis Moore, M r Litton, M r Henry Maynard, Sir George Carew, M r Henry Hubberd, all Barons of Ports, and Sir Nicholas Parker, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall; And the Bill was delivered to M r Francis Moore and M r Lawrence Hide.
The Proviso which came from the Lord's in the Bill from taking Clergy from certain Offendors, and lately passed in this House and sent up unto their Lordships, was three times read and passed upon the question.
M r Hext, one of the Committees in the Bill for the Town of Langford Estover (who were appointed on Thursday the 10 th day of this instant November foregoing) shown the meeting of the Committees, and many Causes wherefore he thinketh the Bill very unmeet to have any passing in this House. Whereupon none offering to speak for the said Bill, the same was rejected upon the question for ingrossing.
The Bill for repeal of a Statute of the twenty third of the Queens Majesty, Intituled, An Act for increase of Mariners and maintenance of Navigation, had its first reading; And after some Speeches both with the Bill and against it, it was in the end passed upon the question.
Sir John Fortescue Chancellor of the Exchequer shown unto the House, that this Afternoon being appointed for two Commitments, the one touching Monopolies and Patents of Privilege, and the other for the true Answering of the Tenths and Subsidies from the Clergy to her Majesty, in both which himself is a Committee amongst others; and that himself and M r Secretary Cecil are specially commanded to wait upon her Highness this Afternoon, and therefore cannot attend the said Commitments; and so moving for a new day of meeting wished the same to be upon Saturday next at two of the Clock in the Afternoon: Which albeit it was well liked of, and yielded unto by some; yet was it over-ruled by number of Voices, That as concerning the said Monopolies and Patents of Privilege, the said Commitments should be continued to be held in the Afternoon of this present day in this House. Vide plus touching this business on Tuesday the 8 th day of this instant November foregoing.
On Thursday the 17 th day of November, Two Bills of no great moment had each of them one reading; of which the last concerning the Lands and Debts of Sir Henry Unton Knight deceased, had its first reading.
M r Thomas Jewks is added to the former Committees for Examination of Privileges and Returns (who were appointed on Saturday the 5 th day of this instant November foregoing) and are to meet this Afternoon in the Middle-Temple Hall.
The Bill also for erecting of Houses of Correction and the punishment of Rogues and Sturdy Beggars, was read the first time.
On Friday the 18 th day of November, Twelve Bills had each of them one reading; of which the last being the Bill for erecting of Hospitals or abiding or Working-Houses for the Poor, was upon the second reading committed unto Sir John Hart, M r Recorder of London, M r Tasbrough, all the Readers of the Middle-Temple, M r Boyce, M r Henry Bellasis and others; And the Bill was delivered with the Committees names to the said M r Boyce, who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall.
M r Francis Moore, one of the Committees in the Bill against Forestallers, Regrators and Engrossers, (who were appointed on Monday the 17 th day of this instant November foregoing) shown, that the Committees have withdrawn out of the said Bill those points that concerned Corn, Grain and other Victuals, and have framed a new Bill for that purpose, Intituled, An Act to make void Contracts upon Ingrossing of Corn, Grain or Victual, which had its first reading; And the old Bill, for as much thereof as was not withdrawn, was upon the question Ordered to be engrossed.
Sir Francis Hastings, M r Francis Bacon and M r Secretary moved touching the further preparing of the Bills for the re-edifying of Houses and increase of Tillage. Whereupon after some other Speeches it was resolved, that the Committees therein should meet again for the same this Afternoon in this House.
The Bill against dying of Cloths with black Wood alias Logwood, was upon the second reading committed unto the Citizens for London, York, Coventry, Canterbury, Bristol, the Burgesses of Hull and Redding, M r Finch and others; And the Bill was delivered to Sir John Hart, who with the rest was appointed to meet in the Guild Hall upon Tuesday next at two of the Clock in the Afternoon.
M r Sherley, one of the Committees for continuance of Statutes (who were appointed on Friday the 11 th day of this instant November foregoing) shown, that the greater number of the residue of the Committees being Yesterday employed in sundry other Committees, could not be present at the same Committee; and so prayed another day of meeting. Whereupon Monday next at two of the Clock in the Afternoon was appointed at the former place, viz. the Inner-Temple Hall.
The Bill to restrain the carrying of Worsted-Yarn out of Norwich and Norfolk unwrought was upon the second reading committed unto the former Committees for Logwood, and to meet at the same time and place; And the Knights of Norfolk, M r Nathaniel Bacon and M r Southerton were added unto them; And the Bill was delivered to Sir John Hart one of the Committees.
The Bill concerning the Hospital of Warwick was read the second time, and committed unto the Knights for Warwickshire, the Burgesses of Warwick, M r Linley, Sir Francis Hastings, M r Recorder of London, Mr. Doctor Caesar, Mr. Foulk Grevill, Sir Robert Wroth and others; And the Bill was delivered to M r Foulk Grevill with a Note of the Committees names, who with the rest was appointed to meet in the Exchequer Chamber upon Wednesday next at two of the Clock in the Afternoon.
Thomas Layton Esquire, one of the Knights for the County of Salop having been much visited with sickness since his coming up to this Session of Parliament, is for the better hope of recovery of his health licensed by M r Speaker to depart home into his Country.
On Saturday the 19 th day of November, Four Bills of no great moment had each of them one reading; of which the last being the Bill for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars was upon the second reading committed unto Mr. George Moore, Mr. Attorney of the Duchy, and Mr. Attorney of the Court of Wards, Mr. Francis Bacon, Sir Thomas Cecil, Sir William Moore, Sir Robert Wroth, Mr. Recorder of London and others; who were appointed to meet on Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon.
Sir John Fortescue Chancellor of the Exchequer, one of the Committees for the Subsidy, who were appointed on Tuesday the 15 th day of this instant November foregoing, shown the meeting of the Committees yesterday, and their assents to grant unto her Majesty three entire Subsidies, and six Fifteenths and Tenths; the two first Fifteenths to be levied before next, and three Subsidies to be paid at three entire payments in the three next years. Whereupon some of the House were of opinion that the last of the said three Subsidies should have been in two several years, at two several payments, in the like manner as the third and last Subsidy granted in the last Parliament was paid. Whereupon Mr. Secretary Cecil purporting to the House the said Assent of the Committees for the said payments in manner as Mr. Chancellor had before declared, showing very many forcible reasons and causes of very great importance for the said speedy performance of the said payments accordingly. Which done, it was upon the Question resolved, that the said last payment of the said three Subsidies shall be made in one year and at one entire payment, in like sort as the two first of the same three Subsidies are to be paid. Vide Decemb. 7 th post.
Mr. Davies showing many Corruptions in the Masters of Colleges in the Universities of Oxford and Cambridge, in their abusing of the Possessions of the same Colleges contrary to the intents of the Founders, converting the benefit of the same to their own private Commodities, prayed the advice of this House for reformation, and having a Bill drawn to that purpose desired he might have assistance of some of the Members of this House being learned in the Laws, for the better digesting of the said Bill against the next sitting of this Court. Wherein Mr. Speaker referred him to Mr. Francis Moore and Mr. Boise, with such other Members of the House as are of the Temple together in the same House with the said Mr. Davies.
Sir Edward Hobbie liking very well of the said Motion made by the said Mr. Davies, moved that like consideration may be had of Deans and Chapters as of the said Masters of Colleges.
On Monday the 21 th day of November, the Bill against Bastardy was read the second time, and committed unto the former Committees for erecting of Houses of Correction and the punishment of Rogues and sturdy Beggars, to meet at the former time and place.
The Bill for employment of the Poor on work, and to refrain them from idleness, was read the second time, and committed to the former Committees, to meet at the same former time and place.
The Bill for the Lord Mountjoy had its first reading.
Sir Thomas Cecil, one of the Committees in the Bill for George Durrant (who were appointed on Tuesday the 8 th day of this instant November foregoing) shown the meeting of the Committees and sundry particulars of their travel in the said Bill to the good satisfaction of this House. Whereupon the said Bill was upon the question Ordered to be engrossed.
Mr. Adrian Gilbert, one of the Burgesses for Burtport in the County of Dorset, is for his necessary repair into the Country unto his Brother Sir Walter Raleigh Knight (being as it is said visited with sickness) licensed by Mr. Speaker to depart into the Country unto his said Brother.
The Bill concerning the Lands and Debts of Sir Henry Vnton Knight deceased was read the second time, and committed unto Mr. Comptroller, Sir Thomas Cecil and others; and the Bill was delivered to Sir William Cornwallis, who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber.
M r Baker, one of the Committees concerning Weavers and Spinners (who were appointed on Thursday the 10 th day of this instant November foregoing) brought in the old Bill, which was recommitted unto the former Committees, and Mr. Nathaniel Bacon, Mr. Hext, Sir John Savile, Mr. Davies and Mr. Bourchier were added unto them: All which were appointed to meet in the Middle-Temple Hall upon Wednesday next at two of the Clock in the Afternoon; And the Bill was delivered unto Mr. Nathaniel Bacon.
Mr. Francis Bacon, one of the Committees for Tillage and re-edifying of Houses (who were appointed on Saturday the 5 th day of this instant November foregoing) shown the sundry meetings and traverses of the Committees in divers and sundry courses concerning the converting of Tillage into Pasture; And that as touching the said matter of Tillage they have framed a Bill, which he offered unto this House, requiring the same might be read to Morrow: And as touching the said matter of re-edifying of Houses, being not so thoroughly digested in the said Committee as the other was for Tillage, he hopeth nevertheless to have the same very shortly ready to go forward together with the other.
Mr. Boys, one of the Committees in the Bill for Hospitals, abiding and working Houses for the Poor (who were appointed on Friday the 18 th day of this instant November foregoing) shown the meeting of the Committees and some Amendments in the Bill; and delivered in the Bill so amended: which Amendments being twice read, the Bill was upon the Question Ordered to be engrossed.
Mr. Robert Wingfield, one of the Committees touching the abuses of Licences (who were appointed on Friday the 11 th day of this instant November foregoing) delivered some particular informations to Mr. Chancellor, and a Licence with a Blank to M r Speaker. Vide concerning this matter on Wednesday the 16 th day of this Instant November foregoing.
M r Winch, one of the Committees in the Bill to keep Horses from stealing (who were appointed on Wednesday the 16 th day of this instant November foregoing) shown the meeting of the Committees and some Amendments in divers parts of the Bill; and so delivereth in the Bill with some Amendments; and the Bill was re-delivered unto him again to be further considered of by the Committees, and the Committees names were read, and thereupon were appointed to meet again at two of the Clock in the Afternoon of this present day in the Middle-Temple Hall.
M r Bourcher moved the House touching the discovery of the Counsel of the same by some Member thereof, as it should seem; for his said motion is set down very briefly and imperfectly in the Original Journal-Book of the said House; neither is there any other issue of it there inserted than that Sir Edward Hobbie moved to have the matter proceeded to further Examination, and the Party to be named.
Sir John Fortescue Chancellor of the Exchequer brought in the Articles for the three Subsidies and six Fifteenths and Tenths, with the manners and days of Payments; which being read unto the House and well liked of, were presently delivered to Mr. Solicitor to draw the Book. Vide December the seventh Wednesday postea.
On Tuesday the 22 d day of November the Bill for the necessary habitation and relief of the Poor, Aged, Lame and Blind in every Parish was read the second time, and committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars, who were appointed on Saturday the 19 th day of this Instant November foregoing.
The Bill for relief of Hospitals, poor Prisoners and others impoverished by casual losses, was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues, &c. Vide Committees names pag. seq.
The Bill for Supply of Relief unto the Poor was upon the second reading committed unto the said former Committees for erecting of Houses of Correction and punishment of Rogues, &c.
The Bill for setting the Poor on work was read the second time and dashed upon the third question for the Committee, and rejected upon the question for ingrossing.
The Bill for petite Forfeitures to go to the relief of the Poor was upon the second reading committed unto the former Committees in the Bill for erecting of Houses of Correction and punishment of Rogues and sturdy Beggars.
Sir Edward Hobby moved the House for privilege for Sir John Tracie being a Member of this House, and now presently at the Common Pleas to be put on a Jury. Whereupon the Serjeant of this House was presently sent with the Mace to call the said Sir John Tracie to his attendance in this House, which was thereupon so done accordingly, and the said Sir John then returned to this House.
The Bill for the better relief of Soldiers and Mariners was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and sturdy Beggars (who were appointed on Saturday the 19 th day of this instant November foregoing) and Mr. Arnold was added unto them.
The Bill for the better governing of Hospitals and Lands given to the relief of the Poor was upon the second reading committed unto the former Committees for the erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars, and Mr. Hubbard was added unto them.
The Bill for Hospitality was read the second time, and dashed upon the questions for committing and ingrossing.
The Bill for the relief of the Poor out of Impropriations and other Church Livings, was read the second time; And after some Speeches both with the Bill and against the Bill, upon the doubtfulness of the double question for the committing was upon the division of the House rejected, with the difference of twenty nine Voices, viz. with the Yea a hundred and seventeen, and with the No a hundred forty six.
The Bill for levying of certain sums of money due to the Poor was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars. And the Bill for extirpation of Beggary was committed to the same Committees: And then were the said eleven Bills concerning the relief of the Poor, and the punishment of idle and sturdy Beggars delivered to Sir Robert Wroth, together with the names of the Committees (whose names being for the most part omitted upon the said Saturday the 19 th day of this instant November foregoing, when the said first Bill touching the erecting of Houses of Correction and punishment of Rogues and sturdy Beggars was first committed unto them, are here all expressly named with such as were added unto them. Now in respect that nine other Bills were this present Tuesday refer'd likewise to them as Committees to consider of them, being a thing scarce to be pattern'd that one and the same Committee had at one and the same time eleven Bills in agitation before them, though all upon the matter tending to a like end and purpose, the said Committees were as followeth, viz. Mr. George Moore, Masters Attorneys of the Duchy and Court of Wards, Mr. Francis Bacon, Sir Thomas Philip's, Sir Thomas Cecil, Sir William Moore, Sir Robert Wroth, Mr. Edward Philip's, Mr. Recorder of London, Sir Thomas Maunsell, All the Readers of the Houses of Court, Mr. Nathaniel Bacon, Mr. Miles Sandes, Mr. Finch, Mr. Colbrond, Mr. Edmund Boyer, Mr. Edward Leukenor, Mr. Henry Warner, Mr. John Boyer, Mr. Ross, Mr. Whalley, Sir William Cornwallis, Mr. Lea, Mr. Hext, Mr. Richard Mills, Mr. Thomas Smith, Mr. Lea of Lincolns-Inn, All the Serjeants at Law, Mr. James Harrington, Mr. Wingfield, Sir Thomas Hobbie, Sir Anthony Cope, Mr. Mark Steward, Mr. Henry Yelverton, Mr. William Coke, Mr. George Rotheram, Mr. Fettiplace, Mr. Winch, Mr. Hide, All the Knights of Shires, the Burgesses of Hull, Mr. John Hare, Mr. Coleman, Mr. Hugh Biston, All Citizens of Cities, and Mr. Tasborough, to which Committees this present Tuesday also were added Mr. Arnold and Mr. Hubbard.
Sir Edward Hobbie, one of the Committees in the Bill against Counterfeiting of the hands of the Lord's (who were appointed on Saturday the 12 th day of this instant November foregoing) shown their meeting yesterday, and complaining that albeit Yesterday last in the Afternoon was appointed for their meeting, and the Committees names with the time and place read yesterday in the House, none except Mr. Comptroller, Mr. Chancellor, himself and one other more of the said Committees came to the said Committee, so that nothing was done therein. And so the names of the said Committees being eftsoons now read by the Clerk, the said Committees were appointed to meet in the former place at two of the Clock in the Afternoon of this day, and the Bill with a note of the Committees names was then delivered to Mr. Comptroller; And thereupon the meeting for the matter of Tillage was defer'd from this Afternoon till to Morrow in the Afternoon.
Three Bills were sent up to the Lord's from the House of Commons by Mr. Comptroller, Mr. Chancellor of the Exchequer and others; of which the two last were, one for the establishing of the Town-Lands of Wanting in the County of Berks to the relief of the Poor, &c. And the last was the Bill for repeal of the Statute of the twenty third year of her Majesty, Intituled An Act for increase of Mariners and maintenance of Navigation.
The Bill concerning certain Lands of Sir John Spencer Knight, Mary his Wife and Robert his Son, was read the first time.
M r Winch, one of the Committees in the Bill for keeping of Horses from stealing (who were appointed on Wednesday the 16 th day of this instant November foregoing) shown the meetings of the Committees, and sundry particulars of their Travels therein; And that resting partly upon the Fairs in sundry Countries to be certainly set down by those that best know the same Countries, the Bill was recommitted to the same Committees to meet at the former place upon Saturday next at two of the Clock in the Afternoon.
Three Bills of no great moment had each of them one reading; of which the second being the Bill for Arthur Hatch was upon the second reading committed unto Mr. Sandes, Mr. Philip's, Mr. Crew, Mr. Finch, Mr. Francis Popham, Sir Robert Wroth and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall.
Mr. Finch one of the Committees for drawing of a Bill for the reformation of the abuses by Licences for Marriages without Banes, shown, that some of the Committees have met at sundry times for the drawing of a Bill for that purpose, and that himself hath by their appointment drawn such a Bill, and shown the same to such of the Committees as were assembled at their last meeting, being but very few of them at that time; and so leaveth it to the Choice of the House either to appoint another day for the meeting of another greater number of the said Committees, that they may be acquainted with the substance of the same Bill, or else to receive the same Bill into this House presently at their own good pleasure. And thereupon he was required by this House to deliver in the said Bill, which he then so did accordingly, and delivered the same to Mr. Speaker.
On Wednesday the 23 th day of November, Four Bills of no great moment had each of them one reading; of which the last being the Bill concerning Leases made by Archbishops and Bishops was upon the second reading rejected upon the question for commitment, and so likewise upon the question for ingrossing.
The Bill for repealing part of the Charter granted to the Town of Yarmouth was upon the second reading committed unto Sir Robert Wroth, M r Fulk Grevill, all the Burgesles of the Port Towns, and Knights for Norfolk and Suffolk, Mr. Nathaniel Bacon and others, who were appointed to meet on Friday next at two of the Clock in the Afternoon in the Exchequer Chamber.
M r Walgrave moved touching the Transporting of a great number of Herrings to Leghorn, which occasioneth both a very great scarcity of Herrings within the Realm, and is, he saith, a great means of spending much Butter and Cheese, to the great inhancing of the prices thereof by reason of the said scarcity of Herrings. And having drawn a Bill for redress thereof, offered the said Bill to the House, and delivered the same to M r Speaker accordingly.
Seven Bills of no great moment had each of them one reading; of which the last being the Bill for the speedy punishment of certain Felonies hereafter to be committed, was upon the second reading committed to the former Committees for relief of Poor, and punishment of Rogues, &c. (whose names see before on Tuesday the 22 th day of this instant November foregoing) and M r Wiseman, M r Littell, and M r Lea were added unto them: And the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet this Afternoon in the Middle-Temple Hall.
M r Francis Moore, one of the Committees in the Bill concerning the Lands and Debts of Sir Henry Vnton deceased, (who were appointed on Monday the 21 th day of this instant November foregoing) shown the meeting of the Committees, and opening divers parts of the said Bill at large, shown further the adding of a Proviso, which Proviso being twice read, the Bill and Proviso were upon the question Ordered to be engrossed.
Sir Thomas Cecil, one of the Committees in the Bill for the Town of Northampton (who were appointed on Wednesday the 16 th day of this instant November foregoing) shown the meeting of the Committees and some part of their travel; and so delivered in the Bill, referring the same to the further pleasure of this House. And so the Bill upon the question was Ordered to be engrossed.
M r Snagg, one of the Committees in the Bill to restrain the Carriage of Worsted Yarn out of the City of Norwich and County of Norfolk unwrought, (who were appointed on Friday the 18 th day of this instant November foregoing) shown the meeting and travel of the Committees without concluding upon anything. And thereupon further day was given to the former Committees to meet again about the same upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber, and the Bill was delivered to the said M r Snagg.
Mr. Attorney General and Mr. Doctor Stanhop do bring from the Lord's An Act passed with their Lordships concerning the confirmation and establishment of the deprivation of divers Bishops in the Beginning of her Majesty's Raign, with recommendation thereof from their Lordships unto this House. Which being after their departure back again, signified unto the House by Mr. Speaker, it was shortly after found by Sir Edward Hobby, that the said Act was not rightly and duly endorsed by their Lordships, the same Indorsement being made above the Contents of the said Act, which ought to have been made under it. Whereupon the House being made privy thereof by Mr. Speaker, Mr. Comptroller, being accompanied with divers Members of this House, was sent to the Lord's with the said Act to signify the error, and pray the Amendment. Vide plus concerning this matter in fine hujus diei.
The Bill concerning Coopers was read the second time, and upon the question Ordered to be engrossed.
M r Comptroller and the residue returning from the Lord's, shown unto this House, that they have delivered the said Act together with the said Message of this House unto their Lordships according to the said charge given them by this House.
The Bill that Lessees may enjoy their Leases against certain Patentees in certain Cases was read the first time.
M r Francis Bacon, one of the Committees concerning Tillage and re-edifying of Houses and buildings (who were appointed on Saturday the 5 th day of this Instant November foregoing) shown very eloquently and at large the travel of the said Committees in their sundry meetings together, with his framing a Bill by their appointment for some fit means of procuring the re-edifying of such Houses and Buildings; And so offered the Bill to the House, and recommending the same to their good considerations delivered the Bill to M r Speaker.
The Bill concerning the Lands of the Lord Mountjoy was upon the second reading committed to M r Comptroller, M r Chancellor of the Exchequer, M r Solicitor, M r Francis Bacon, M r Recorder of London, Sir Tho. Cecil, M r Pellham and others; and the Bill was delivered to Sir Tho. Cecil, who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Treasury Chamber.
The Bill concerning George Durant was read the third time, and after many Speeches both with the Bill and against the Bill, and some tending to amendments to be made in some parts of the same, it was in the end defer'd from being put to the question till Saturday next, upon some expectation that the parties to the same Bill may in that mean time grow to some good end amongst themselves without any further troubling of this House therein.
The said M r Attorney and Mr. Doctor Stanhop coming from the Lord's do signify unto M r Speaker, that where their Lordships had this present day sent unto this House an Act concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesty's Reign, with a recommendation thereof from their Lordships unto this House; and did afterwards receive the same Act back again from this House, because the indorsement thereof was contrary to the ancient, usual and due Custom of the Parliament, subscribed, and not subscribed according to the same ancient usual and due Custom of the Parliament, as it ought to have been, their Lordships have now sent down the said Act again unto this House, indorsed under the same Act, according to the ancient former usage of the Parliament; And do further signify unto this House, that as the said superscribing of the said Indorsement of the said Act in such manner before was indeed a fault, so the same did grow only by an error in the Clerk of the Upper House, who had never exercised the place before this present Sessions of Parliament; And that their Lordships liking very well of that which was done by this House touching the said Error, do withal wishs this House to continue all former good Order and Courses in all Parliament proceedings. Vide initium istius materiae inter praecedaneas relationes hujus Diei.
On Friday the 25 th day of November four Bills had each of them one reading; Of which the last being the Bill concerning the Lands and Tenements of Sir John Spencer Knight, was upon the second reading committed unto Mr. Winch, Sir Robert Wroth, Mr. Rotheram, M r Henry Yelverton, M r Luke, Sir Richard Knightley, M r Henry Hubbard, M r Robert Wingfield, the Knights for Bedfordshire and M r Bourchier; And the Bill was delivered unto Sir Robert Wroth, who with the rest was appointed to meet at the Middle Temple Hall to Morrow at two of the Clock in the Afternoon.
The Bill for assuring of certain Lands and Tenements unto Robert Cotton, &c. was upon the second reading committed unto the former Committees in the Bill concerning Sir John Spencer, and at the same time and place; And there were added unto them Sir John Hungerford, M r William Cecil, the Knights for the County of Huntingdon, M r William Cotton, M r Henry Montague and M r Valentine Knightley, and the Bill was delivered to Sir Robert Wroth.
The Bill concerning the draining of certain surrounded grounds in the County of Norfolk was upon the second reading committed unto M r Nathaniel Bacon, Sir Anthony Cope, M r Henry Yelverton, M r Henry Spillman, Sir Robert Wroth and others; And the Bill was delivered to the said Sir Robert Wroth, who with the rest was appointed to meet upon Monday next at two of the Clock in the Afternoon in the Exchequer Chamber.
M r Bourchier, one of the Committees in the Bill for the relief of Arthur Hatch (who were appointed on Tuesday the 20 th day of this instant November foregoing) shown the meeting of the Committees and their travels in hearing of the Council of all the said Parties: And so reporting the particularities of the state of the Case to the good satisfaction of the House, delivered in the Bill, which was thereupon presently Ordered upon the question to be engrossed.
M r Snagg, one of the Committees concerning Blockwood and Worsted Yarn (who were appointed on Friday the 18 th day of this instant November foregoing) shown the meeting of the Committees with their Amendments in the said Bill concerning Blockwood, and delivered in the same Bill with the Amendments, which being thrice read was upon the question Ordered to be engrossed.
The Bill for increase of people for the service and defense of the Realm was read the first time.
M r Secretary Cecil moved the second reading of this Bill to be to Morrow, and wished all the Members of this House to be present at the same, and provided, as they shall think fit, to employ their endeavor and Speeches to the furtherance of the proceedings in the said Bill. Whereupon it was agreed, that both this Bill, and also the other Bill for increase of Tillage, shall be both of them read to Morrow next for their second reading.
M r ..... one of the Committees in the Bill for erecting of Houses of Correction and punishment of Rogues and sturdy Beggars, (whose names see on Tuesday the 22 d day of this instant November foregoing) shown the sundry meetings and travel of the said Committees, and their Amendments of sundry parts of the said Bill, with addition of the two last leaves; and so delivered in the Bill in such sort amended. Which Bill being very long and the said Amendments many, the day being also far spent, the reading of the said Amendments and Addition were deferred till some other more convenient time.
On Saturday the 26 th day of November, Four Bills of no great moment had each of them one reading; of which the last being the Bill for enrolling and exemplifying of Defeasances, was upon the second reading committed unto Sir Edward Hobby, M r Lieutenant of the Tower, M r Francis Moore, M r Edward Lewkenor and others, who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber.
The Bill concerning the carrying of Sheep-Skins and Pelts over the Seas was read the second time, and committed unto Sir Robert Carie, the Burgesses of Newcastle, Barwick, Northampton and Lincoln, M r Francis Moore and others, who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber.
Mr. Serjeant Drew and Mr. Dr. Stanhop do bring from the Lord's the Bill Entituled An Act for establishing of the new College of the Poor at Cobham in the County of Kent.
The said Mr. Serjeant Drew and Mr. Doctor Stanhop do bring word from the Lord's, that their Lordships do desire that some half a score of this House may be presently sent to confer with their Lordships in the Chamber near unto the Upper House, touching an Act lately passed this House and sent up to their Lordships, Intituled, An Act 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 for the maintenance of Navigation. Whereupon Mr. Comptroller, Sir Robert Wroth and others were sent unto their Lordships for that purpose accordingly.
The Bill for Husbandry and Tillage was upon the second reading committed unto Mr. Francis Bacon, Mr. Yelverton, Mr. Tasbrough, the Citizens of all Cities, Mr. Green and others; who were appointed to meet here upon Tuesday next at two of the Clock in the Afternoon in this House.
Mr. Comptroller and the residue returning from the Lord's, he did signify unto the House, that their Lordships do think it very dishonorable that any Act should be intended to pass in the time of her Majesty's Reign for repealing of any Law bearing such a title as that is, being An Act for the repeal of a Statute made in the time of her Majesty's Reign for increase of Mariners and maintenance of Navigation. And therefore their Lordships do wish this House would alter the said Title of the said Act, if they shall so think good. And to that end their Lordships have sent unto this House by them a Note in Paper, containing two several Titles, either of which are more apt and fit in their opinions to be by this House set down for the title of the said Act: The first of which Titles is, An Act made for the increase of Mariners and for maintenance of Navigation, repealing a former Act made in the twenty third year of her Majesty's Reign bearing the same title: And the second is, for the increase of Mariners and for the maintenance of Navigation: Both which Titles being read by the Clerk, choice was made by the House to have the first of the said two titles to be set down by this House, for the title of the said Act. Which said first title being three times read by the Clerk, was resolved upon the Question so to be set down for the title of the said Act accordingly.
On Monday the 28 th day of November, Two Bills of no great moment had each of them one reading; of which the second being the Bill for the City of Bristol was upon the second reading committed unto Mr. Dr. James, Mr. Francis Moore, the Citizens of Bristol, Gloucester, Bath and Wells, Mr. Snagg, Mr. Green and others; And the Bill was delivered to Mr. Green, who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall.
Mr. William Bowyer shown, that being a Member of this House, he was this day served with a Subpoena to appear in the Chancery by one James Biddell, and so moved for privilege; showing further, that he did signify unto the said James Biddell, that he was a Member of this House, and therefore willed him to forbear the serving of the same Process, being against the liberty of this House; who answered, he would do it notwithstanding any such liberties or privilege of this House whatsoever.
Mr. Combes and Mr. Henry Powle being likewise Members of this House do show, that they were this day served with a Subpoena ad testificandum in the Star-Chamber by one Anne the Wife of one Thomas Wye Gentleman; and so in like manner moving for privilege, the Serjeant of this House was thereupon charged by this House to bring in the said James Biddel, and the said Anne the Wife of the said Thomas, to appear in this House and answer the said Contempt.
Sir Thomas Cecil shown the great impoverishment of many her Majesty's Subjects in the Isle of Eli, and in the Counties of Cambridge, Huntingdon, Northampton, Lincoln and Norfolk by surrounding of many Wastes, Marsh and Watery grounds there, and wishing some redress thereof, offereth a Bill to the House for that purpose, and prayeth the reading thereof. Whereupon the same was then read for the first reading thereof accordingly, Intituled, The Bill concerning watery and surrounded grounds in the Isle of Eli, and in the Counties of Cambridge, Huntingdon, Northampton, Lincoln and Norfolk.
Mr. Baker, one of the Committees in the Bill concerning the Wages of Spinners and Weavers (who were appointed on Thursday the 10 th day of this instant November foregoing) shown the meeting and travel of the Committees, and the making of a new Bill; and so delivereth in both the old Bill and also the new Bill.
Mr. Attorney General and Mr. Doctor Carew do bring from the Lord's the Bill lately passed this House, and sent up to their Lordships, Intituled, An Act for the Repeal of a Statute made in the twenty third year of her Majesty's Reign, Intituled, An Act for increase of Mariners and for the maintenance of the Navigation, with certain Amendments by their Lordships in the same Bill. Which being afterwards reported unto the House by Mr. Speaker, the same Amendments were three times read by the Clerk, and so passed upon the question accordingly.
Roger Dodswell, servant to M r Blowmer, one of the Middle-Temple, having entered into this House, and being no Member of the same, and brought to the Bar by the Serjeant of this House, was committed to the Serjeants Ward, and was further referred to be examined this Afternoon by M r Edward Barker and M r Hext, and to be by them afterwards reported to this House.
M r Winch, one of the Committees for Sir John Spencer (who were appointed on Friday the 25 th day of this instant November foregoing) shown the meting and proceeding of the Committees to some Amendments in the said Bill; and so delivering in the Bill, and the same Amendments being twice read by the Clerk of this House, the same Bill upon the question was ordered to be engrossed.
The Bill for increase of people for the strength and defense of the Realm was upon the second reading, after many Speeches all tending to the good liking and furtherance of the said Bill, Ordered to be committed to the said former Committees in the Bill for Tillage, who were appointed on saturday the 26 th day of this instant November foregoing; And so both the Bills with a Note of the Committees names were delivered to Mr. Comptroller.
M r Attorney General and M r Doctor Stanhop do bring from the Lord's a Bill entitled An Act for the better explanation of an Act made in the 13 th year of the Queens Majesty's Reign Capite quarto, concerning Tellors and Receivers, &c. and do show that their Lordships do specially recommend the same Bill unto this House.
Three Bills had each of them one reading; of which the last being the Bill for erecting of Hospitals or abiding and working Houses for the Poor, had its third reading; and after many Speeches both with the Bill and against the Bill, it was at last ordered upon the question to be recommitted to the former Committees; and a Bill with a Note of the Committees names was delivered to M r Boys.
The Bill against excessive Fees of Ecclesiastical Judges and other Officers and Ministers, was this day in the Afternoon delivered unto Mr. Speaker.
On Tuesday the 29 th day of November, Eight Bills of no great moment had each of them one reading; of which the last being the Bill for repairing of the Bridges of Newport and Carlion in the County of Monmouth, was upon the second reading committed unto the Knights for all the Shires, and Burgesses for all the Boroughs in Wales, Monmouthshire, Hereford and the Citizens of Bristol and Gloucester, Mr. Serjeant Williams, Mr. Pembridge and Mr. Oldsworth; And the Bill was delivered to Sir Thomas Jones one of the said Committees, who with the rest was appointed to meet in the Exchequer Chamber upon Thursday next at two of the Clock in the Afternoon.
The Bill for the Town of Northampton was read the third time, and upon the doubtfulness of the question twice put, was dashed upon the division of the House, by the difference of fifty three persons, viz. with the No a hundred fifty three, and with the Yea a hundred.
The Bill for Arthur Hatch was read the third time and passed upon the question, the Learned Council on both sides heretofore having been heard as well before the Committees as in this House at the Bar.
Mr. Roger Mawdeley, one of the Burgesses for Poole in the County of Dorset, is for his necessary business licensed by Mr. Speaker to depart home, leaving with Fulk Onslow Esquire, Clerk of the House of Commons, for the Poor and the Minister five Shillings, which the said Clerk received accordingly. A like Precedent of this kind, where the money was left with the Clerk of the said House, was upon the 25 th day of this instant November foregoing being Friday, at which time Mr. Sherrington Talbot, one of the Burgesses for Chippingham in the County of Wilts, was licensed by M r Speaker to depart for his necessary business, paying unto the Clerk as aforesaid ten shillings for the Poor and the Minister, which he received accordingly.
On Wednesday the 30 th day of November, Four Bills of no great moment had each of them their first reading; of which the last was the Bill for prohibiting the bringing into this Realm of any Foreign Cards for Wooll.
The Amendments and Additions in the Bill for the erecting of Houses of Correction and punishment of Rogues and sturdy Beggars being twice read, the Bill upon the question was Ordered to be engrossed.
The Bill concerning the Possessions of the Bishopric of Norwich was upon the second reading committed unto M r Stephenson, M r Henry Hubbard, M r Henry Warner, the Burgesses of Warwick and Linne, M r Nathaniel Bacon and others; And the Bill was delivered to M r Henry Warner, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
Mr. Dr. James, one of the Committees in the Bill for the City of Bristol (who were appointed on Monday the 28 th day of this instant November foregoing) shown the meeting of the Committees, their Amendments of some parts of the Bill, with some Provisoes added, and so delivereth in the Bill with the Amendments.
Mr. Finch, one of the Committees in the sundry former Bills for relief of the Poor, (whose names see on Tuesday the 22 th day of this instant November foregoing) shown the meeting and travel of the Committees in sundry of the said Bills, in some of which as they have not as yet thoroughly proceeded, so he doth deliver in a new Bill for relief of the Poor, now into this House.
M r Francis Bacon, one of the Committees in the Bill for repeal of part of the Charter of the Town of Tarmouth (who were appointed on Wednesday the 23 th day of this instant November foregoing) shown the meeting and travel of the Committees, and so delivereth in the Bill; whereupon after sundry Speeches both with the Bill and against the Bill, it was Ordered in the end, that the Learned Council on both sides should be heard in this House upon Saturday next in the Afternoon.
M r Snagg, one of the Committees in the Bill to restrain the carrying of Worsted yarn unwrought (who were appointed on Friday the 18 th day of this instant November foregoing) and in the Bill for erecting of Hospitals or abiding and working Houses for the Poor (who were appointed on the same day) shown the meeting and travel of the Committees at large in both the said Bills, and their opinions to be, that the said Bill to restrain the carrying of Worsted Yarn out of Norwich and the County of Norfolk be left to Oblivion; And that the said Bill for erecting of Hospitals or abiding and working Houses for the Poor be refer'd to the further consideration of this House; And so delivered in both the said Bills. Whereupon the same last recited Bill was after many Speeches both with the Bill and against it, passed upon the question.
Mr. Hext showing, that he and M r Sands according to the Commission of this House unto them have examined Roger Dodswell Servant to M r Blowmer of the Middle-Temple, now in the Serjeants Ward for entering into this House and being no Member of the same; and that he finds he so did of mere simplicity and ignorance, without any evil pretence; the said Roger was brought in to the Bar, and so submitting himself and taking the Oath of the House was discharged, paying his Fees. Vide concerning this matter on Monday the 28 th day of this instant November foregoing.
On Thursday the first day of December, Two Bills of no great moment were each of them read the first time; of which the former was the Bill for provision of a Preacher in the Tower of London.
M r James Harrington nothing. Which is all that is set down by M r Fulk Onslow Clerk of the House of Commons in the Original Journal-Book itself, although the further intent and meaning of it might very well have been more fully expressed, which seemeth to be this, That the said M r Harrington being a Member of this House, and having Licence from M r Speaker to depart, left nothing with him the said M r Onslow towards the Minister who had read Prayers in the said House during this Parliament, nor for the Poor, which other Members of the same House at other times did, as appeareth plainly by that which immediately followeth, and upon like departure of Sir Henry Knivet set down at the end of this present day also.
Sir Robert Wroth and M r Sowtherton are nominated to make Collection of the Members of this House, both for the Minister his pains in saying Prayers in this House, and for the Poor.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for maintenance and reparation of Stains Bridge and Egham-Cawsey, was upon the second reading committed unto Mr. George Moore, Sir Robert Wroth, Mr. Amersham and others; And the Bill was delivered to Mr. George Moore, who with the rest was appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock.
Four Bills also had each of them their third reading; of which the last being the Bill against Forestallers, Regrators and Engrossers, was read the third time, and after sundry Speeches both with the Bill and against it, passed upon the question.
Mr. Serjeant Drew and Mr. Doctor Stanhop do bring from the Lord's a Bill Intituled An Act concerning the School at Seavenoake.
Two Bills lastly had each of them one reading; of which the second being the Bill for the better Execution of the Statute made in the twenty third year of the Queens Majesty's Reign, for the abolishing of Logwood alias Blockwood in the dying of Cloth, Wooll or Yarn, was read the third time, and passed upon the question.
Sir Henry Knivet, one of the Burgesses for the Borough of Malmesbury in the County of Wilts, is for his necessary businesses licensed by Mr. Speaker to depart into the Country, leaving with Mr. Fulk Onslow Clerk of this House ten shillings for the Poor, and three shillings and four pence towards the recompense of the Minister that said Prayers in the House, which he received accordingly.
On Friday the second day of December, the Bill for the establishing of an Award made between Edmund Cotton Gentleman, and Thomas Harvey Yeoman, was read the first time.
Mr. Edward Moore, one of the Committees for drawing of a Bill concerning Armor and Weapons (whose names see before on Tuesday the 8 th day of this instant November ) shown the meeting and travel of the Committees, and delivered in a Bill for that purpose, and another Bill also for the Company of Armorers for the suppressing of false and deceitful Armor and Weapons brought into this Realm from beyond the Seas.
Mr. Wingfield, one of the Committees in the Bill for draining and recovery from the Water of certain over-flown grounds in the County of Norfolk (who were appointed on Friday the 25 th day of November foregoing) shown the meeting and travel of the Committees and their Amendments in some parts of the said Bill, and so delivered in the same Bill to the House.
Four Bills of no great moment had each of them one reading; of which the last being the Bill to prevent double payment of Debts upon Shop-Books was upon the second reading committed unto Mr. Jackson, Mr. Maynard, Mr. George Moore, Sir Edward Hobbie, Mr. Wingfield, Mr. Fettiplace, Sir Francis Hastings, Sir Thomas Cecil and others, and the Bill was delivered to Mr. Fettiplace, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
Sir Edward Hobbie, one of the Committees for the Hospital of Warwick (who were appointed on Friday the 18 th day of November foregoing) shown the meeting and travel of the said Committees, with some Amendments in the Bill, and so delivered in the Bill to the House.
The Bill for the re-edifying of Whitby-Haven had its second reading, and upon the several questions for the committing, or the ingrossing, was rejected.
Mr. Bourchier, one of the Committees in the Bill touching the transporting of Sheep-Skins and Pelts (who were appointed on Saturday the 26 th day of November foregoing) shown the meeting and travel of the Committees, and their Amendments in some parts of the Bill, and so delivered in the Bill to the House.
The Council Learned on both sides in the Bill concerning the Towns of Lowestoft and Yarmouth in the County of Norfolk, were this day heard at large in this House at the Bar till the breaking up of this Court.
On Saturday the third day of December, Four Bills had each of them one reading; of which the last being the Bill for the speedy punishment of certain Felons, and the manner of their delivery, was read the first time.
Mr. Thomas Balg Recorder of Stamford and one of the Burgesses of the same, is for his necessary business in her Majesty's Service, licensed to depart, and left five shillings with the Clerk of this House for the relief of the Poor, and the pains of the Minister.
Mr. George Moore, one of the Committees in the Bill for Staines-Bridge and Egham-Cawsey (who were appointed on Thursday the first day of December foregoing) shown the meeting and travel of the Committees, and some Amendments in the said Bill, which Amendments being twice read, the Bill was Ordered to be engrossed.
The Amendments in the Bill for Bristol being twice read, the same was Ordered to be engrossed.
Mr. Serjeant Yelverton, one of the Committees in the Bill for repairing of the Bridge of Newport (who were appointed on Tuesday the 29 th day of November foregoing) shown the meeting and travel of the Committees, and their adding a Proviso to the Bill, which Proviso being twice read, the Bill was Ordered to be engrossed.
The Bill for recovery of surrounded Wastes, Marish and Watery grounds in the Isle of Eli and the Counties of Cambridge, Huntingdon, Northampton, Lincoln and Norfolk, was upon the second reading committed to Sir Thomas Cecil, the Knights of Norfolk, Northampton, Lincoln, Cambridge, Huntingdon, Suffolk, Essex, Sussex and Bedford, the Burgesses of the Boroughs in the said Shires, Mr. Oxborow and others; And the Bill was delivered to Sir Thomas Cecil, who with the rest was appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber.
The Bill for the Hospital called Nevill's Hospital in the County of York, had its third reading. Upon the Motion to have Mr. Bird the Master of the said Hospital, heard with his Council before the Bill be put to the Question for the passing, day was given for him to be heard with his Council in the House upon Monday next.
Five Bills were sent up to the Lord's from the House of Commons by Mr. Comptroller and others; of which the first was the Bill against Forestallers, Retaylers, &c. the second concerning Arthur Hatch, and a third was for the abolishing of Loggwood, alias Blockwood in Dying of Cloths.
Two Bills of no great moment had each of them one reading; of which the second being the Bill concerning the Confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesty's Reign, was upon the second reading committed unto Mr. Serjeant Heyle, Mr. Solicitor, Mr. Doctor James, Mr. Doctor Parkins, Mr. Doctor Crompton, Mr. Stephenson, Sir William Moore and others, and the Attorneyes of the Dutchies and Courts of Wards; and the Bill was delivered to Mr. Solicitor, who with the rest was appointed to meet on Monday next at the Middle-Temple at two of the Clock in the Afternoon.
Mr. Finch showing some griefs of Ministers in some Cases by Colour of a Statute, made in the first year of Her Majesty's Reign, Intituled An Act for Conformity of Common-Prayer and Service in the Church and of the Administration of Sacraments, and of a Statute made in the thirteenth year of her said Majesty's Reign Intituled An Act to reform certain disorders touching Ministers of the Church, and wishing an Explanation in the one and a mitigation in the other, offereth a Bill unto this House for that purpose.
Mr. Serjeant Drew and Mr. Attorney General do bring from the Lord's a Bill lately passed this House Intituled An Act for establishing the Town Lands of Wanting in the County of Berks to the relief of the Poor, Amendment of Highways and maintaining of a School within the said Town, showing that their Lordships have passed the said Bill in the Upper House, and have added a Proviso in the same Bill.
The Bill that Lessees may enjoy their Leases against Patentees in some certain Cases, was upon the second reading committed unto Sir Francis Hastings, Sir Thomas Hungerford, Mr. Solicitor, Sir Thomas Hobby and others; and the Bill was delivered with the Committees names to Mr. Comptroller, who with the rest was appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber, and the Parties to bring their Council to the Committees.
On Monday the 5 th day of December, Six Bills of no great moment had each of them one reading; of which the last being the Bill for erecting of Houses of Correction and punishment of Rogues and Beggars, was read the third time, and passed upon the Question.
The Proviso in the Bill for draining of certain surrounded grounds in the County of Norfolk was twice read, and the Bill and Proviso were Ordered to be engrossed.
Mr. Recorder of London, one of the Committees in the Bill for the Lord Mountjoy (who were appointed on Saturday the 24 th day of November foregoing) shown the meeting and travel of the Committees, and so delivered in the Bill to the House.
Six Bills were this Morning sent up to the Lord's from the House of Commons; of which the principal were: one concerning the Lands of Sir Henry Unton, and another to give power and liberty to Sir John Spencer, Mary his Wife and Robert their Son, to alienate certain Manors and Lands in the County of Somerset.
Mr. Henry Hubbard, one of the Committees in the Bill concerning the Lands of the Bishopric of Norwich (who were appointed on Wednesday the 30 th day of November foregoing) shown the meetings and travel of the Committees, and delivering in the Bill, it was after sundry Speeches committed to the former Committees, and Mr. Brograve the Attorney of the Duchy, the Attorney of the Court of Wards, and Sir William Cornwallis were added unto them, and appointed to meet this day at two of the Clock in the Afternoon in the former place, viz. the Exchequer Chamber, and the Bill and Committees names were delivered to the said Sir William Cornwallis.
Mr. Doctor Parkins, one of the Committees in the Bill to prevent double payments of Debts upon Shop-Books (who were appointed on Friday the second day of this instant November foregoing) shown the meeting and travel of the Committees and their adding of a Proviso and some Amendments to the Bill, and so delivered in the Bill.
To Morrow Morning is appointed for the Learned Council of the Lord Mountjoy to be heard in this House.
Mr. Francis Bacon, one of the Committees in the Bill for tillage and building of Houses (who were appointed on Saturday the 26 th day of November foregoing) shown at large the meeting and travel of the Committees and their framing of two new Bills, and delivereth both the old Bill and the new Bill into the House.
The Bill concerning Tellors, Receivers, &c. was upon the second reading committed unto all the Privy-Council being of this House, Sir Oliver Lambert, Mr. Solicitor, Mr. Tasborough, Mr. Francis Bacon, and others; And the Bill and Committees names were delivered to the said Mr. Comptroller, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
Mr. Bird Master of Nevill's Hospital in the County of York (who was appointed to be heard this day with his Council on Saturday the third day of this instant December foregoing) was called to the Bar, and heard; who shown that he could get none to be of Council with him. Whereupon being demanded whom he would retain of his Council; and Answering that he would have Mr. Godfrey: It was then agreed, that Mr. Godfrey should be assigned of his Council, and further day given to hear his Council in this House upon Wednesday next being the 7 th day of this instant December following. At which time the said Mr. Bird's Council being heard, it should seem that the said Bill touching Nevills Hospital which had been read the third time, never passed the House.
Mr. Doctor Muffet, one of the Burgesses for Wilton, being Licensed to depart, left two shillings and six pence with Mr. Fulk Onslow Clerk of this House for the Poor and the Minister, but nothing for the said Clerk himself.
Mr. John Wingfield, one of the Burgesses for Peterborough in the County of Northampton, is for his necessary businesses Licensed to depart, and left with the Clerk five shillings for the Poor and Minister.
Mr. Thomas Hinson, one of the Burgesses for Barnstable in the County of Devon, was this day Licensed for his necessary business to depart, and left with the Clerk five shillings for the Poor, and two shillings and six pence for the Minister.
On Tuesday the 6 th day of December, Five Bills of no great moment had each of them one reading; of which the second being the Bill for establishing an Award made between Edward Cotten Gentleman and Thomas Harvey Yeoman, was upon the second reading committed unto M r Serjeant Harris, M r Henry Warner and others; and the Bill was delivered to the said M r Warner, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Temple-Hall.
The Amendments in the Bill for the Lord Mountjoy being twice read, the Lord Marquess of Winchester and the Lord Mountjoy with their Learned Council were heard at the Bar in this House, before such time as the said Bill and Amendments were put to the Question for ingrossing; and after their departure out of the House, the said Bill with the Amendments was upon the Question Ordered to be engrossed.
Sir Hugh Portman Knight, one of the Knights returned into this present Parliament for the County of Somerset, is Licensed by this House to depart; and did leave with Mr. Fulk Onslow Clerk of this House, ten shillings for the Poor, and two shillings for the Minister.
To Morrow in the Afternoon in the Middle-Temple Hall, the Committees in the Conference for reviving and continuance of Statutes are appointed to meet (who had been appointed on Friday the 4 th day of November foregoing.)
On Wednesday the 7 th day of December, Five Bills of no great moment had each of them one reading; of which the last being the Bill against lewd wandering persons pretending themselves to be Soldiers or Mariners, was upon the second reading committed unto Mr. Simneil, Mr. Hext, Sir William Moore and others; and the Bill was delivered to Mr. Hext, who with the rest was appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber.
The Bill also against Stealers of Corn and Fruit was upon the first and second reading committed unto the former Committees in the Bill against lewd persons, &c.
The Bill against the stretching and taintering of Northern Cloth was read the second time, and Ordered to be engrossed.
Mr. Henry Hubberd, one of the Committees in the Bill concerning the Lands and Possessions of the Bishopric of Norwich, (who were appointed on Wednesday the 30 th day of November foregoing) shown the meeting and travel of the Committees, and delivered in the Bill with the good allowance of the said Committees as a Bill in good state.
Mr. Attorney General and Mr. Doctor Stanhop do bring from the Lord's a Bill which their Lordships Intituled An Act for the better and safer Recording of Fines to be levied in the Court of Common-Pleas.
Mr. Eresbie, one of the Committees in the Bill for recovering of surrounded Waste, Marish and Watery grounds in the Isle of Eli, and the Counties of Cambridge, Huntingdon, Northampton, Lincoln, &c. (who were appointed on Saturday the third day of this instant December foregoing) shown some Amendments by the Committees, and delivered in the Bill.
The Bill for suppressing the multitude of Maulsters was read the second time, and committed unto the former Committees (who were appointed on Wednesday the 9 th day of November foregoing) and unto the Burgesses of York, Mr. Winch, Mr. Yelverton and others; And the Bill was delivered to Mr. Litton one of the former Committees, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Middle-Temple Hall. Vide Thursday January 12 th ensuing.
Mr. Bird, with Mr. Atkinson and Mr. Godfrey being of his Council, were heard this day at the Bar. Vide concerning this matter on Monday the 5 th day of this instant December foregoing.
The Bill for increase of people for the strength and defense of the Realm had its first reading.
Post Meridiem.
The Bill for granting unto her Majesty six Fifteenths and Tenths, and three entire Subsidies was read the first time.
Nota, That whereas in the last Parliament de an. 35 Regin. Eliz. the House of Commons was not drawn without much and long dispute both with the Lord's and by themselves to yield unto the grant of three Subsidies and six Fifteenths and Tenths unto her Majesty, and that the same was done also with Protestation or Caution, that it should not be made a Precedent for the time to come: Yet it is evident by this Bill now last read, that the same proportion was again yielded unto by the said House at this present, and that also assented unto with far less difficulty and with some harder Conditions on the Subjects part. For a Committee being appointed to consider of it upon Thursday the 15 th day of November last past, they brought in Articles ready drawn and agreed upon between them on the Saturday following, being the 19 th day of the same Month; at which time the House being pressed did at length condescend to the said grant of the said three Subsidies and six Fifteenths and Tenths, to be paid in a shorter time than those granted in the last Parliament had been. And thereupon her Majesty's Solicitor on the Wednesday next after, being the 21 th day of the same November, had the said Articles delivered unto him to draw up the said Bill for the Subsidy accordingly. Which being afterwards by him brought into the said House, was this day read as is aforesaid primâ vice. And being read again the second time on Saturday the 10 th day of the said December also, and thereupon Ordered to be engrossed, had lastly its third reading upon Wednesday the 14 th day of the same Month ensuing; and being then passed the House, was immediately sent up to the Lord's by Mr. Comptroller and others. Neither will it be amiss finally to observe in this place, that as the gift of this Parliament exceeded that in the former de an. 35 Regin. Eliz. in respect of the manner of payment, so that gift also in the Parliament following de an. 43 Regin. ejusdem being of four Subsidies and eight Fifteenths and Tenths, was much greater than both these that preceeded. By all which it is evident, that either the public necessity was exceeding urgent in this present and ensuing Parliament, or that the aforesaid Gift yielded unto by the House of Commons, in the before-mentioned 35 th year of her Majesty's Raign, was made a leading Precedent in the said Parliament ensuing.
On Thursday the 8 th day of December three Bills had each of them one reading; of which the third being the Bill for the better staying of Corn within the Realm was upon the second reading committed unto M r George Moore, M r Wiseman, M r Edmond Bacon, M r Colefield, Mr. Birkeby and others; And the Bill and Committees names were delivered to the said Mr. Colefield, who with the rest was appointed to met to Morrow at two of the Clock in the Afternoon in the Middle-Temple Hall.
The Bill for the lawful making of Bayes was upon the second reading committed unto Sir Robert Wroth, Mr. Francis Harvey and others, the Burgesses of Norwich and Gloucester, the Knights for Devonshire and Cornwall; And the Bill and Committees names were delivered to Mr. Wiseman, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
The Bill against the bringing in of Foreign Cards for Wooll was upon the second reading committed unto the said former Committees in the Bill next foregoing; And Mr. Serjeant Harries, Mr. Serjeant Hoyle, the Knights and Burgesses for London, and Mr. Hubberd were added unto them, to meet at the former place and time appointed for the said Bayes.
The Bill for Fustians was upon the second reading committed unto the former Committees also.
Sir Thomas Cecil made a motion for a Bill of Petition to her Majesty to be drawn and presented unto her, touching Monopolies. Whereupon Mr. Francis Bacon perused it further, and after sundry Motions and Speeches had touching the said Monopolies and the abuses of Patents of privilege, it was ordered to be further referred to the former Committees and unto all the Serjeants at Law being Members of this House, Mr. Attorneys of the Court of Wards and of the Duchy, Sir Thomas Cecil and Sir Thomas Cornwallis, who were appointed to meet on Saturday next in the Afternoon in the Exchequer Chamber, to set down in Writing what shall be by them thought fit, and delivered unto her Majesty by the Mouth of Mr. Speaker in the behalf of this House.
Mr. Ross moving for Privilege was joined with the former Committees for Privilege.
Mr. Attorney General and Mr. Doctor Carew do bring from the Lord's a Bill entitled An Act for Confirmation of the Jointure of Christian and Mary Sands.
Sir Edward Hobby moved concerning the wanting of some Members of this House not returned into the Book by the Clerk of the Crown.
The Bill for the increase of People for the strength and service of the Realm, was upon the second reading committed unto all the Privy Council being Members of this House, Mr. Francis Bacon, Mr. Solicitor, Mr. Montague, Sir Thomas Cecil, Mr. Pelham and others; and the Bill was delivered to Mr. Francis Bacon, who with the rest was appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber.
Three Bills lastly had each of them one reading; of which the first being the Bill to alter the nature of Gavelkind Lands was read the third time and past upon the question.
The Proviso in the Bill concerning the Town-Lands of Wanting was read the third time and passed upon the question.
On Friday the 11 th day of December, Four Bills of no great moment had each of them one reading; of which the last being the Bill for the retaining, well ordering and governing of Mariners and Seamen, was upon the second reading committed unto all the Burgesses of Port-Towns, the Burgesses for York, the Knights and Citizens for London, Master Doctor Caesar, Mr. Wally, and others; and the Bill was delivered to Mr. Doctor Caesar, who with the rest was appointed to meet upon Monday next in the Afternoon in the Middle-Temple Hall.
The Bill for relieving of Clothiers in the Counties of Suffolk and Essex, was upon the second reading committed unto Mr. Doctor Caesar, Mr. Edward Hubbard, Mr. Ford, the Burgesses of Coventry and others; And the Bill was delivered to the said Mr. Ford, who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall.
The Bill for establishing of good Orders in Grammar Schools was read the second time, and upon the several questions for the committing and the ingrossing was rejected.
Six Bills of no great moment had each of them one reading; of which the first being the Bill for Confirmation of Statutes Merchants acknowledged in the City of Lincoln and Town Corporate of Nottingham, was upon the second reading Ordered to be engrossed.
Seven Bills were sent up to the Lord's from the House of Commons by M r Comptroller and others; of which one was the Bill concerning Fustians, and another for the repairing of Stains Bridge and Egham Cawsey.
The Bill also for Tillage and Husbandry was read the first time.
M r Hext, one of the Committees in the Bill against Stealing of Corn and Fruit, shown the meeting of the Committees and their Amendments of some parts of the Bill, and so delivered in the said Bill to the House.
Sir Edward Hobby moved, that the Clerk of the Crown Office in the Chancery, and the Clerk also of this House do attend to Morrow in the Afternoon in the Star-Chamber upon the Committees for Returns, with their Books of the Returns of the Knights, Citizens and Burgesses of this present Parliament.