The Journals of Parliaments

Whereupon the Clerk of the Parliament was required to show forth all such Precedents as he had found touching the Arrests of any Persons privileged by Parliament, having received directions from the Lord's for that purpose as is before Recorded; of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned, and no more.

1. Anno 27. Reginae Fliz. die Martis, primo die Decembris, of James Diggs servant to my Lord's Grace of Canterbury.

2. Anno 27. Reginae Eliz. die Lunae 7. Die Decembris, of Robert Finneis servant to the Lord Viscount Binden.

3. Item, in the last Parliament of 39 Eliz. 26. die Novembris, of Edward Barston servant to the Lord Chandois; and 8. die Decembris of John York the Lord Arch-Bishops servant.

4. Item Anno 14. Reginae die ultimo Junii, It appeareth that the Lord Cromwell made complaint unto the Parliament of an Attachment served upon his Person; and that his Lordship was by Order of the Parliament discharged of the Attachment: but whether this Attachment was served in the time of the Parliament, it doth not certainly appear.

Which said Precedents being accordingly presented to the Lord Keeper, the same were presently read, together with certain Observations out of a Book written by Richard Crompton Esquire, Intituled the Authority and Jurisdiction of the Queens Courts, concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign.

This being done, albeit sundry Motions were thereupon made by divers of the Lord's for a present proceeding in this matter, nevertheless because the said Tolkerne having been formerly sent for, could not yet be found, and also in respect there was less appearance of the Lord's this day than at other times, and this matter concerning the privilege of the House, was of great importance, and therefore required a more full Assembly, Stay was made of any further proceeding until Thursday next being the 19 ^th day of this instant November: And in the mean time it was Ordered, that Tolkerne should again be sent for, to appear before the Lord's in the House that day by nine of the Clock in the Morning. Vide concerning this matter on Monday the 23 ^th day of this Instant November following.

On Monday the 16 ^th day of November (to which day the Parliament had been last continued on Saturday foregoing,) the Bill for reuniting Eye and Dunsden to the Manor of Sunning was read secundâ vice.

Motion was made by the Lord Sheffield upon reading of this Bill, that Thomas Crompton, Son of Thomas Crompton Esquire deceased, with Henry Best, Francis Jackson and others whom it may concern, should be heard in the House, whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton. Which Motion was well approved by the House; and Ordered, that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning, and to bring them such persons as are interested in the Conveyance of those Lands. Vide December 7 ^th Monday postea.

Memorandum, That the Committees upon the Bill for Musters and Soldiers (who were appointed to meet this Afternoon on Thursday the 12 ^th day of this instant November foregoing) have upon a Motion to the House appointed another meeting about the same, upon Thursday Morning next, being the 19 ^th day of this instant November before the House sit.

Three Bills of no great moment had each of them one reading; of which the last being the Bill for establishing of the Remainder of certain Lands of Andrew Kettlebie Esq upon Francis Kettlebie, was read the first time.

Upon reading whereof it was Ordered by the Lord's, that Andrew Kettlebie Esq and Jane his Wife (whom the Bill concerneth) should be heard in the House, either by themselves or by any other person or persons sufficiently deputed and appointed by them in that behalf, what they could answer and allege concerning the same. And the Gentleman-Usher was appointed to give them present notice of this Order.

A Motion was made again by some of the Lord's touching William Hogan Prisoner in the Fleet, that he might be sent for out of the said Prison and brought into the House before the Lord's, to the end he might make relation of his Cause, that thereupon such Order might be speedily taken with him as should by the Court be found meet and agreeable to the privilege of the said Court. Upon which Motion it was debated by what course the said Hogan should be brought out of the Fleet, being then in Execution, whether by Warrant to be directed from the Lord's to the Lord Keeper, requiring him to grant forth a Writ in her Majesty's name for the bringing of the said Hagan from thence, or by immediate direction and order from the House to the Gentleman-Usher or Serjeant at Arms, without any such Writ. Which being put to the question by the Lord Keeper, it was resolved and Ordered by the general consent of the House, that it should be done by immediate direction and Order from the House without any such Writ as aforesaid. And accordingly Ordered, that the said William Hogan should be sent for and brought before the Lord's by the Gentleman-Usher into the said House of Parliament upon Thursday next being the 19 ^th day of this instant November, by nine of the Clock in the Morning. Vide touching this business on Monday the 23 ^th day of this instant November ensuing.

Dominus Custos Magni Sigilli continuavit praesens Parliamentum us{que} in diem Jovis, viz. 19 diem Novembris.

On Thursday the 19 ^th day of November, the Bill for Breed and increase of Horses of Service within the Realm, was read primâ vice.

Two Bills were brought up to the Lord's from the House of Commons; of which the second was to avoid and prevent divers misdemeanors in lewd and idle persons; And the third was for confirmation of Grants made to the Queens Majesty, and of Letters Patents made by her Highness to others. Touching which Bill see at large on Thursday the 17 ^th day of December following.

The Lord Mordant not able to attend for want of Health certified by the Lord Compton.

This day William Hogan was brought from the Fleet into the House before the Lord's, who having made (as he was required to do) relation of his Arrest, and of the time, and parties that Arrested him, declaring that he was Arrested by the Under-Sheriff of the County of Surrey and others assisting him, upon Saturday before the beginning of the Parliament (which began on the Tuesday following) and that it was known to the said Under-Sheriff that he was her Majesty's Ordinary Servant, and moreover that he thought Tolkerne was not privy to his Arrest at that time contrary to the privilege of that Court; Upon the offer and Petition of the said William Hogan himself to pay the principal Debt of fifty Pounds, it was Resolved and Ordered by the Lord's, that the said William Hogan should enter into sufficient to abide the Order and Judgment of the Earl of Cumberland, the Lord Bishop of London and the Lord Zouch, for such satisfaction to be made of the debt of fifty pounds, & any costs and charges, as by the said Lord's should be thought fit, (the Bond to be taken to the said Lord's) and thereupon be discharged out of Prison and out of Execution: And likewise that the Warden of the Fleet should be free from any trouble, damage or molestation for discharge of the said William Hogan. It was likewise Ordered by the Court that the Under-Sheriff and any others that did Arrest or assist the Arrest of the said William Hogan, shall be sent for to appear before the Lord's in the House on Saturday next being the 21 ^th day of this instant November by nine of the Clock in the Morning. Vide concerning this matter on Monday the 23 ^th day of this instant November ensuing.

On Saturday the 21 ^th day of November, to which day the Parliament had been last continued on Thursday foregoing, Three Bills had each of them one reading; of which the last being the Bill for Assurance of Lands was read tertiâ vice.

Upon the reading of which said Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers others of the Lord's, insomuch that the House was divided in opinion whether it should be put to the question for the passing thereof or no; Many of the Lord's affecting well the said Bill, and wishing that any defect therein might be rather reformed than by the question to put it to the hazard of being rejected. By which occasion it was thought meet, first to propound another question, viz. whether the said Bill having been refer'd to Committees at the second reading, and been by them returned with some Amendments, and thereupon appointed to be engrossed, may now after the engrossing thereof and third reading be committed again or no. Which being accordingly put to the question, and the number both of the affirmative part and negative, falling out to be equal (upon the accounting of them by the Lord Bishop of London and the Lord Grey appointed by the Lord's for that purpose) it was adjudged that the Voices of the negative part which were against the new committing of the Bill should prevail, following therein the usual rule of Law (whereof the Lord Keeper made mention) that where the numbers of the affirmative and negative are equal, semper praesumitur pro negante. And after that the Bill itself being put to the question, whether it should pass or no, was by the major part denied and refused.

A Motion was made by the Lord Keeper and approved by the Lord's, that the ancient course of the House may be observed hereafter, in certifying the excuses of such Lord's as should be absent from the House upon reasonable occasion, which ought to be done by one of their Peers, and not by other Information.

Thomas Crompton, Henry Best and Francis Jackson made their appearance in the House, and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice; they Answered, that it might so do, and that they could take no exceptions at it. Vide Dec. 7 ^th Monday postea.

Hodie introduction est breve Francisci Domini Norris qui praesenti Parliamento interesse summonebatur, & admissus est ad praeheminentiae sedendi in Parliamento locum, salvo jure alieno.

On Monday the 23 ^th day of November, to which day the Parliament had been last continued on Saturday foregoing, the Bill for reuniting Eye and Dunsden to the Manor of Sunning was read tertiâ vice, and sent down to the House of Commons by M ^r Doctor Stanhop and M ^r Hone.

The Bill to avoid and prevent divers misdemeanors in lewd and idle persons was read secundâ vice.

Nota, That there is no mention at all in the Original Journal-Book of the referring of this Bill unto Committees upon the second reading thereof, nor yet that it was Ordered to be engrossed: By which it may seem, that either the omission of it did happen by the negligence of Thomas Smith Esquire now Clerk of the Upper House, who did forget to set down the referring of it to Committees (if it were at all committed) or else that it being not committed, was engrossed of Course. And it is the rather probable, that this happened not by any omission of the said Clerk, in respect that divers other Bills at this Parliament are set down in the Original Journal-Book of the said Upper House to have been read the second time without any further mention either of the Commitment or ingrossing, as on Wednesday the 2 ^d day, Friday the 4 ^th day, Wednesday the 9 ^th day, Saturday the 12 ^th day, Monday the 14 ^th day, and on Wednesday the 16 ^th day of December next ensuing.

The Bill for Confirmation of Grants made to the Queen and of Letters Patents made by her Highness to others, was read secundâ vice and committed unto the Lord Archbishop of Canterbury and others (who were appointed to meet at the great Council Chamber) And the Bill was delivered to the said Lord Archbishop of Canterbury the first of the Committees.

The Bill for increase and breed of Horses of service within this Realm was read secundâ vice, and committed unto the Earl of Nottingham Lord Steward, and others; And the Bill was delivered unto him being the first of the Committees. Vide November 26 ^th Thursday.

The meeting of the Committees upon the Bills concerning the suppressing of the multitude of Alehouses, and for the avoiding of unnecessary delays of Executions upon Judgments in Debt (who were appointed on Saturday the 14 ^th day of this instant November foregoing) was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little Chamber near the Parliament presence before the House sit, for that the Committees could not conveniently meet at the times formerly appointed for the same.

The Under-Sheriff of the County of Surry that Arrested William Hogan was brought into the House to Answer for the same, and by Order of the House committed to the Prison of the Fleet. Vide concerning this matter on Thursday the 12 ^th day, Saturday the 14 ^th day, Monday the 16 ^th day, and on Thursday the 19 ^th day of this instant November foregoing; as also on Thursday the 26 ^th day of the same Month following.

On Tuesday the 24 ^th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Kettlebie was read secundâ vice, and committed unto the Earl of Worcester, the Lord Cobham, the Lord Chandois and the Lord Howard of Walden; And the Bill was delivered unto the said Lord Howard, who with the rest was appointed to meet on Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence.

This day the Wife of Andrew Kettlebie made her appearance in the House in the behalf of her Husband and her Self, excusing his not coming by reason of his great Age and Infirmities; And withal prayed that their Council Learned might be heard. Whereupon it was Ordered, that both their Council and the Council of Francis Kettlebie should be heard in the House upon Thursday next being the 26 ^th of this instant November, in the Morning.

On Thursday the 26 ^th day of November, to which day the Parliament had been last continued on Thursday foregoing, one Bill being for the more peaceable Government of the parts of Cumberland, Northumberland, Westmorland and the Bishopric of Durham was read the second time and committed: But in respect that the manner of committing Bills during all this Parliament was the same, and that the Judges and her Majesty's Learned Council were always appointed to attend the Lord's Committees and never made Joint-Committees with them, as is at large observed in the next precedent Parliament, therefore the names of the said Committees are for the most part omitted.

It was Ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey, that he should be enlarged and set at liberty out of the Prison of the Fleet, whither he was lately committed for Arresting William Hogan her Majesty's Servant. Vide concerning this matter on Monday the 23 ^th day of this instant November foregoing.

The Council of Andrew Kettlebie Esq and Francis Kettlebie were heard in the House; And thereupon the Committees of the said Bill were appointed to meet upon Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence; And the Lord Archbishop of Canterbury, the Lord Grey and the Lord Windsor were added unto the said Committees; And the Lord Chief Justice of the Common Pleas to attend with the others formerly appointed: And the Bill was delivered to the Lord Howard of Walden.

Nota, That here the Bill was delivered to the Lord Howard of Walden being the puisne Baron of the Committees; and on Monday the 23 ^th day of this instant November foregoing, two several Bills being committed, the one of them was delivered to the Archbishop of Canterbury, and the other to the Earl of Nottingham, who were each of them the first or chief of either of the said Committees: By which it is plain, that as well in the Upper House as in the House of Commons, after any Bill is committed upon the second reading, it may be delivered indifferently to any of the said Committees. Vide also concerning this matter on Tuesday Dec. 8 ^th ensuing. And so the Parliament continued until Tuesday the first day of December. On which day two Bills had each of them one reading; of which the second being the Bill for confirmation of all Leases made and to be made according to the true intent of the last Will and Testament of George Lord Cobham Deceased, was read primâ vice.

Six Bills were brought up to the Lord's from the House of Commons by Sir William Knolles, M ^r Secretary Herbert and others; of which the fifth was the Bill for the enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight, his Son and Heir Apparent, to dispose of certain Copyhold Lands parcel of the Manor of Rothersield in the County of Sussex, and of the Manor of Ailesby and Felding in the County of Warwick.

And the sixth being the Bill to avoid trifling and frivolous Suits of Law in her Majesty's Courts of Westminster, was read primâ vice.

Whereas the Lord's Spiritual and Temporal of the Higher Court of Parliament were this day informed that one William Vaughan Servant to the Earl of Shrewsbury was of late Arrested, contrary to the privilege of the said Court, by the procurement of one William Crayford of Mongcham in Kent, and committed to the Prison of Newgate, where he yet remaineth; It was therefore Ordered by the said Court, that a Serjeant at Arms shall be sent to the Keeper of that Prison, and require him in their Lordships names to bring the said William Vaughan before the Lord's in his Company into the Upper House of Parliament to Morrow being the second day of this Instant December by nine of the Clock in the Morning; and that the said Serjeant at Arms shall also bring before the Lord's at the time and place prefixed the said William Crayford, together with such other Persons as did either Arrest or assist the Arresting of the said William Vaughan. Vide on Saturday the 19 ^th day of the Month following.

Memorandum that the Serjeant at Arms was this day sent for the parties above mentioned in like sort as the Gentleman-Usher had been formerly sent for others: And forasmuch as the Committees that were appointed on Saturday the 14 ^th day of November foregoing to decide the question between them in that behalf, had not yet performed the same, It was therefore Commanded by the House that a remembrance should be made that the sending for any parties before the Lord's at this time or heretofore by the Gentleman-Usher or Serjeant at Arms, should not be prejudicial to either of their rights, until the said Committees should have convenient time to consider of and decide this question betwixt them. Vide November the 14 ^th Saturday foregoing.

Upon a Motion made to the House by the Lord Treasurer, it was agreed, that the Committees in the two several Bills, the one concerning Musters and Soldiers (who were appointed on Thursday the 12 ^th day of November foregoing) and the other for confirmation of Letters Patents (who were appointed on Monday the twenty third day of November foregoing) should join in one Committee for both Bills.

Nota, That although it be ordinary for a Committee upon some new occasion to be increased in the number, or for divers Bills to be referred to one and the same Committee; yet I conceive this Precedent here immediately foregoing to be very rare and exotic, in respect that two several Committees appointed at several times in two several Bills, are united together and made as one Committee to both the said Bills.

On Wednesday the second day of December three Bills had each of them one reading; of which the first being the Bill to avoid trifling and frivolous suits in Law in her Majesty's Courts at Westminster, and the second being the Bill for the Denization of certain persons, were each of them read secundâ vice and committed.

Nota, That here were two several bills read secundâ vice, but no mention made either of their Commitment or Ingrossing; The supposed Cause or reason of which omission see more at large on Monday the 23. day of November foregoing.

The Bill concerning the suppressing of the multitude of Ale-Houses, &c. was returned to the House by the Lord Treasurer with certain Amendments.

William Crayford by whose procurement and assistance William Vaughan the Earl of Shrewsburys servant was Arrested and committed to Newgate; and one Millington an Attorney, the said Crayfords Master, as also the Under-sheriff of Middlesex, and another Person that was Bailiff with Crayford in Arresting the said Willam Vaughan; all which persons having been heard particularly by the Lord's, and the said Millington, the Under-sheriff and Crayfords fellow Bailiff protesting that they knew not the said Vaughan to be a man privileged by the Parliament at the time of the Arrest, It was Ordered that the said Millington, the Under-sheriff and the said Bailiff should be dismissed for that Cause: But forasmuch as by the confession of the Under-sheriff it doth plainly appear to the Lord's, that the said Crayford had very maliciously and upon unnecessary suits, that did not concern himself, prosecuted the serving and laying of sundry Executions upon William Vaughan, it was thought meet and so Ordered, that he should be committed to the Prison of the Fleet: And because also the Keeper of Newgate having seen their Lordships Order by the hands of the Serjeant at Arms for the bringing of the said Vaughan did not perform the same, pretending he could not with his safety remove him out of Prison being in Execution, he was in like sort committed to the Fleet for neglecting the said Order. And for the Prisoner William Vaughan the Lord's resolved to enter into some further consideration for the bringing of him before them into the House. And thereupon their resolution concerning the same was respited until some other time. Vide concerning this matter on Saturday the 19 ^th day of this instant December following.

On Thursday the 3 ^d day of December two Bills had each of them one reading; of which the second being the Bill for enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight his Son and Heir apparent, to dispose of certain Copyhold Lands parcel of the Manor of Rotherfield in the County of Sussex, and of the Manor of Aylesby and Felding in the County of Warwick was read primâ vice.

The Amendments of the Bill against the multitude of Ale-Houses and Tipling-Houses were this day twice read; And thereupon the Bill Ordered to be Ingrossed.

Three Bills had each of them one reading; of which the first being the Bill for Assurance of certain Manors and Lands for part of a Jointure to Lucy Countess of Bedford was read primâ vice.

Two Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill against Drunkards and Common Haunters of Alehouses and Taverns was read primâ vice.

The Lord's were this day informed by the Earl of Worcester of an Arrest made of the person of Robert Treswell Somerset, one of her Majesty's Heralds at Arms in Ordinary, at the Suit of one Margery Fitchet of London. Whereupon it was Ordered by the Court, that the Serjeant at Arms should be sent for the said Margaret Fitchet, and for William Smith and William Lane that made the Arrest, and should bring them before the Lord's into the Upper House to Morrow being the 4 ^th day of this instant December; And that the said Serjeant should also bring Robert Treswell himself at the time and place prefixed. Vide concerning this matter on Tuesday the 8 ^th day of this instant December following.

Motion was made by the Lord Keeper on the behalf of the Lord Chandois, signifying that his Lordship was constrained to repair into the Country for the finding of an Office which did greatly import him in his Estate, and therefore desired their Lordships allowance of his absence for some few days, whereunto they willingly assented.

Memorandum, That whereas it was formerly Ordered, that the Keeper of the Prison of Newgate, having in his Custody, William Vaughan Servant to the Earl of Shrewsbury upon Execution, should bring the person of the said William Vaughan on Wednesday the second day of this instant December, before the Lord's Spiritual and Temporal into the Upper House of the High Court of Parliament; of which Order the said Keeper having taken notice by a Serjeant at Arms, did notwithstanding refuse to bring the said Prisoner into the Court, and for the said refusal and contempt was the same day by Order of the Court committed to the Prison of the Fleet; And Order likewise was given that such Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of the said Court: It is therefore upon view and consideration of divers Precedents and Remembrances produced this day, and differing from the manner of proceeding Ordered by the said Court, that the Lord Keeper shall forthwith make out a Writ of privilege of Parliament to the Sheriffs of London and Middlesex, to have the body of the said Prisoner William Vaughan with the Cause of his Imprisonment before the said High Court at the Upper House to Morrow the 4 ^th day of this instant December by eight of the Clock in the Morning. Vide December 19 ^th Saturday postea.

A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk of the Parliament, was delivered to the Lord Keeper for making out of the Writ.

On Friday the 4 ^th day of December, the Bill against Drunkards and Common Haunters of Alehouses and Taverns, The Bill for levying of Fines with Proclamation of Lands within the City of Chester, The Bill for enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight, &c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight, were each of them read secundâ vice: But no mention made either of their Commitment or Ingrossing; the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

The Bill for the suppressing of the multitude of Alehouses and Tipling Houses was read tertiâ vice, and sent to the House of Commons by M ^r Doctor Carew and M ^r Coppin Clerk of the Crown.

Two Bills also had each of them one reading; of which the first being the Bill for the assurance of certain Lands for part of a Jointure to Lucy Countess of Bedford, was read the second time and committed to the Earl of Worcester and others, who were appointed to meet at the Earl of Worcesters Chamber at the Court to Morrow by two of the Clock in the Afternoon; And the Bill was delivered to the said Earl of Worcester.

Whereas Order was taken at the last sitting of the Court of Parliament, viz. 3 ^o die Decembris, that a Writ of Privilege of Parliament should be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of the body of William Vaughan Prisoner in Newgate, together with the Cause of his Imprisonment before the said Court this present day, the said Writ having been thereupon made out by the Lord Keeper, and the same together with the said Prisoner William Vaughan and the Cause of his Imprisonment being returned and brought this day into the Court by the Under-Sheriff of the County of Middlesex, and the said Prisoner William Vaughan having there made Declaration of the notorious frauds and practices used by William Crayford and others, for the Arresting of the said Vaughan; And likewise Crayford having been heard what he could say for himself in that behalf; Forasmuch as it appeared unto the Lord's, that besides the breach of the Privilege of the said High Court, the said Crayford had fraudulently and maliciously taken out and laid upon the said Vaughan divers Writs of Execution and Outlawry of many years past, and utterly without the privity and knowledge of most of the parties to whom the said Suits appertained, of which parties some were avowed to have been a good while since Deceased: It is therefore agreed and Ordered by the general consent of the Court, That the said William Vaughan shall be forthwith discharged out of Prison and Execution, and the said Sheriff shall be free from any trouble, damage or molestation for his said discharge. And it is likewise Ordered, that for satisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ, the said Vaughan shall enter into sufficient Bond to stand to such Order as shall be set down by certain of the Lord's of the Parliament, namely the Earl of Worcester, the Earl of Pembrook, the Lord Bishop of Durham, the Lord Bishop of Winchester, the Lord Windsor and the Lord S ^t John, to whom by the Court the Ordering thereof is committed. And moreover it is Ordered, that the said Crayford shall be returned to the Prison of the Fleet, and kept Close Prisoner until further direction be given for his Enlargement; And that the Keeper of Newgate lately Committed to the Fleet for not bringing the Prisoner into the Court, shall be presently discharged. Vide concerning this matter on Saturday the 19 ^th day of this instant December following.

On Saturday the 5 ^th of December, the Bill for maintenance of the Navy, increase of Mariners, and avoiding the scarcity of Victuals was read primâ vice.

Report was made to the House by the Lord Archbishop of Canterbury, the first of the Committees in the Bill concerning Musters, Soldiers, &c. (whose names see before on Thursday the 12 ^th day of November foregoing) that the said Committees having oftentimes met and conferred about that Bill did find so many imperfections in the same, as it could not conveniently be amended; And therefore thought it meet to draw a new Bill instead thereof, which he presented to the House.

The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland, Northumberland, &c. was returned to the House with certain Amendments, which Amendments were presently twice read, and thereupon the Bill commanded to be engrossed.

The Bill concerning Captains, Soldiers and others; retained in the Queen Services in the Wars, was read primâ vice.

One Bill was brought up to the Lord's from the House of Commons, by M ^r Comptroller, M ^r Secretary Cecil, Sir John Fortescue, M ^r Secretary Herbert and others, which being for reformation of deceits and frauds of certain Auditors and their Clerks, in making deceitful and untrue particulars, was read primâ vice.

Upon Complaint made to the House by the Lord Archbishop of Canterbury of great disorders committed by certain Pages and others belonging to some of their Lordships, or to some of the House of Commons, in offering violence to divers persons, and particularly to his Lordships Bargeman, but especially to one George Percivall a Servant to the Lord Bishop of Peterborough who was abused and beaten as was informed by one of Sir John Harrington's Servants named ..... It was Ordered by the Court, that the Committees under-named shall call the said Percivall and ..... before them upon Monday next, being the 7 ^th day of this instant December, at the Parliament Chamber, and upon Examination of the matter shall inflict such punishment on the Offender as they shall find Cause; And it is likewise Ordered, that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for reformation of like abuses hereafter.

Committees to examine the abuses offered by Sir John Harrington's Servant to a Servant of the Lord Bishop of Peterborough, the Earl of Lincoln, the Lord Bishop of London, and the Lord Zouch.

On Monday the 7 ^th day of December, Two Bills had each of them one reading; of which the first being the Bill for the more peaceable Government of the parts of Cumberland, Northumberland, Westmorland, the Bishopric of Durham, was read tertiâ vice, and sent down to the House of Commons by Doctor Carew and M ^r Doctor Stanhop.

The Bill to avoid double payment of Debts was brought up to the Lord's from the House of Commons by M ^r Comptroller, Sir Edward Hobbie and others.

Four Bills also had each of them one reading; of which the third being the Bill for Confirmation as well of all Grants made to the Queens Majesty, and of all Resumptions made by her Highness, of the Possessions of any Arch-Bishopric or Bishopric, as of Letters Patents made by her Majesty to others, was read primâ vice.

The Bill for Reformation of Grants made to the Queen, and by Letters Patents made by her Highness to others, was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees. Vide concerning this Bill on Thursday the 17 ^th day of this instant December following.

Memorandum, That upon a Motion made this 7 ^th day of December to the House by the Lord Zouch, that the Lady Fane by her Letters to Sir Anthony Mildmay, had signified that she had not given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copyhold Lands, &c. as was mentioned in the said Bill; the said Sir Anthony Mildmay was called before their Lordships, who produced the said Letter, and the same was read in the House: And thereupon it was Ordered, that any further proceeding in the Bill should be respited until Wednesday next by ten of the Clock in the Forenoon, at what time the Lady Fane might be heard what she could say against the same, if she would then be present. Vide concerning this business on Wednesday the 9 ^th day of this instant December ensuing.

This day Sir William Knolles, Sir Edward Hobbie Knights, with divers others of the House of Commons, delivered a Message from the Knights and Burgesses of the said House, desiring Conference with some of their Lordships about the Bill concerning the uniting of Eye and Dunsden to the Manor of Sunning. Upon delivery of which Message, after the said Sir William Knolles and the rest had a little withdrawn themselves, and then upon propounding of this Motion to the House the Lord's had assented thereunto, Answer was made by the Lord Keeper (sitting in his place and the rest of the Lord's also keeping their places) unto the said Sir William Knolls, &c. that the Lord's had yielded to the Conference, and had appointed certain Committees (under-named) to meet with some select persons of the House of Commons for that purpose, viz. the Lord Treasurer, the Lord Steward, the Lord Bishop of London, the Lord Bishop of Winchester, the Lord Zouch and the Lord Cobham, appointed to meet at the Outer Chamber near the Parliament Presence to Morrow the 8 ^th day of this instant December by eight of the Clock in the Morning. Vide concerning this matter on Monday the 16 ^th day, and on Saturday the 21 ^th day of November foregoing.

On Tuesday the 8 ^th day of December, Six Bills had each of them one reading; of which the last being the Bill concerning Captains and Soldiers and other the Queens Services in the Wars, was read secunda vice, and committed to the Committees, formerly appointed for the first Bill of that kind (whose names see before on Thursday the 12 ^th day of November ) with addition of the Lord Windsor; and the said Committees to meet about the said Bill upon the first opportunity of meeting about any other Bill; and the Bill was delivered to the Earl of Nottingham Lord Steward the third of the Committees.

Nota, That here this Bill was delivered to the Earl of Nottingham being the third of the Committees, of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two first: Whereas on Monday the 23 ^th day of November foregoing, a Bill being committed upon the second reading was delivered unto the Archbishop of Canterbury the first of the Committees; And on Thursday the 26 ^th day of the same Month upon the Commitment also of a Bill in the like manner, it was delivered unto the Lord Howard of Walden being the puisne Baron or last of the Committees. By which it is plain, that as well in the Upper House as in the House of Commons, after any Bill is committed upon the second reading, it may be delivered indifferently to any of the said Committees.

A Proviso was offered by the Earl of Worcester in the behalf of the Earl of Shrewsbury, to be annexed unto the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty, and of Letters Patents made by her Highness to others. Which Proviso together with the Amendments in the said Bill (returned Yesterday to the House by the Committees) were presently read. And forasmuch as the Lord's desired a speedy proceeding in this Bill, they sent D ^r Carew and D ^r Stanhop to the House of Commons, to move them that some meet persons of that House might join in Conference with the Lord's being to the number of twenty or thereabouts, concerning the Proviso and Amendments aforesaid; And that the meeting about the same might be at the Outward Chamber near the Parliament Presence to Morrow the 9 ^th day of this instant December by eight of the Clock in the Morning. Upon delivery of which Message to the House of Commons they assented accordingly to the Motion made in that behalf. Vide concerning this matter on Thursday the 17 ^th day of this instant December ensuing.

Upon a Motion sent this day from the House of Commons by Sir Walter Raleigh, Sir Francis Hastings, Sir Edward Hobbie and others, signifying that they desired Conference with some of their Lordships for certain matters concerning the Honor of both Houses, the Lord's hereafter named were Selected and Chosen to confer thereabout with such as should be nominated and sent by the House of Commons, and the time and place of meeting appointed upon Thursday next, being the 10 ^th day of this instant December, by eight of the Clock in the Morning, at the Outward Chamber near the Parliament Presence, which was signified to Sir Walter Raleigh and the rest in Answer of their Message. The Lord Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham Lord Steward, the Earl of Northumberland, the Earl of Worcester, the Bishop of London, the Bishop of Durham and the Bishop of Winchester, the Lord Zouch, the Lord La Ware, the Lord Cobham and the Lord Howard of Walden.

This day the Lord Archbishop of Canterbury, the first of the Committees in the Bill concerning Andrew and Francis Kettlebie (whose names see before on Tuesday the 24 ^th day of November ) made Report to the House, that the said Committees did desire and had endeavored to make some agreement betwixt the parties, by procuring the Wife of Andrew Kettlebie to accept of reasonable Conditions for her Estate, which they held to be a better course than that the Bill should proceed absolutely without any help for the said Wife: But forasmuch as the said Committees could not prevail therein with her (who utterly refused all composition) they therefore returned the Bill again to the House without alteration in such sort as they received the same; Thereupon Order was given for ingrossing thereof.

The matter concerning the Arrest of Robert Treswel Sommerset one of the Heralds, was referred to her Majesty's Commissioners for those Causes that concern the Lord Marshalls Office, and the parties that were sent for to be discharged. Vide on Thursday the third day of this instand December foregoing.

The Lord Burleigh not able to attend for want of health signified by the Lord Keeper.

On Wednesday the 9 ^th day of December M ^r ..... being of Council with the Lady Fane, was heard in the House what he could say in her behalf against the Bill of Edward Nevill and Sir Henry Nevill his Son. Whereupon the Lord's finding no Cause why the proceeding of the said Bill should be longer stayed or forborne, Order was presently given for the third reading thereof.

The Bill for the enabling of Edward Nevill of Berling in the County of Kent and Sir Henry Nevill Knight his Son and Heir apparent, to dispose of certain Copyhold Lands, was read tertiâ vice.

Upon the third reading of which said Bill, and before the putting thereof to the question whether it should pass or no, the Lady Fane yielded her consent to the passing of the same, being thereunto persuaded by sundry of the Lord's. Vide concerning this matter on Monday the 7 ^th day of this instant December foregoing.

The Bill to avoid the double payment of Debts was read secundà vice, but no mention is made either of the Commitment or ingrossing thereof, the supposed cause or reason of which omission see more at large on Monday the 23 ^d day of November foregoing.

The Lord Treasurer made Report that the Committees in the Bill concerning Letters Patents and Conveyances, &c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose, in respect of some doubts that were conceived, whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon M ^r Attorney General was required to deliver his opinion in that behalf. Which being done by him accordingly to this effect, That he thought the said Proviso to be needless and unnecessary, and the Judges also concurring with him in that opinion: Nevertheless upon a motion made by the Lord Bishop of London, that the Council learned of the Earl of Shrewsbury and M ^r Holcroft (whom the said Proviso did concern in particular) might be heard in the House as they desired touching the same; it was thought meet and agreeable to the honor and dignity of the House, that they should be so heard: To which end their Council were appointed to give their Attendance to Morrow the 10 ^th day of this instant December by eight of the Clock in the Morning.

And moreover for the better satisfaction of the House of Commons for the present, M ^r Serjeant Yelverton, M ^r D ^r Carew and M ^r D ^r Stanhop were sent unto them with this Message, to signify their Lordships desire to have proceeded to Conference with them this Morning about the said Bill (as was yesterday appointed) And that the Lord's were the more willing to give furtherance to the expediting of the said Bill, in regard the same was especially recommended unto their Lordships from the said House: But forasmuch as they found not themselves sufficiently prepared for this Conference, by reason of doubts that were not yet cleared unto them, they desired the said Conference might be respited till Friday Morning next by eight of the Clock at the outward Chamber near the Parliament presence. Unto which Motion the House of Commons willingly assented. Vide concerning this matter on Thursday the 17 ^th day of this Instant December following.

On Thursday the 10 ^th day of December, the Bill for the establishing the remainder of certain Lands of Andrew Kettlebie Esquire upon Francis Kettlebie, was read tertiâ vice and sent to the House of Commons by D ^r Stanhop and D ^r Hone.

Two Bills had each of them one reading; of which the first being the Bill to avoid double payment of Debts was read tertiâ vice and expedited.

The Bill concerning Resumptions, &c. (which was committed on Tuesday the 8 ^th day of this instand December foregoing, although the mention thereof as being of little moment is there purposely omitted) was this day delivered to the Lord Treasurer one of the Committees.

The Council learned as well on the behalf of the Earl of Shrewsbury as of Tho. Holcroft, Henry Candish and William Candish Esquires, were heard at large in the House (as was yesterday appointed;) And thereupon M ^r Attorney was required to deliver his opinion again of the said Provisoes offered on either part. Which being done by him accordingly in more particular and ample manner than before, and having withal delivered his resolution to sundry questions propounded unto him by divers of the Lord's concerning the said Cause, it was Ordered as followeth.

Upon debate in the House concerning the several Provisoes offered by the Earl of Shrewsbury and by Thomas Holcroft, Henry Cavendish and William Cavendish Esquires, to be annexed to the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and others; It was at last agreed that the Lord Chief Justice of her Majesty's Bench, the Lord Chief Justice of the Common-Pleas, calling unto them the rest of the Judges, and M ^r Attorney General, should draw some new Provisoes, such as they should think indifferent for all Parties, and meet to be annexed to the said Bill, and should present the same to the Lord's to Morrow in the Morning before their Conference with the House of Commons about the said Bill. Vide concerning this matter on Thursday the 17 ^th day of this instant December ensuing.

The Lord Keeper signified unto their Lordships that he received Commandment from her Majesty to let them understand her Pleasure to be, that the Parliament should end upon Thursday the 17 ^th day, or Friday the 18 ^th day of this instant December at the furthest, to the end their Lordships may repair home into their Countries against Christmas. And therefore she required them to employ and spend that time which remaineth, in matters concerning the public, and not in private Causes.

Memorandum, Quod die decimo praedicto, viz. dicti Mensis Decembris, Those of the House of Commons that were appointed to confer with some of the Lord's (upon the Message lately sent from the said House signifying their desire of Conference for some matter touching the Honor of both Houses) did make known unto the Lord's of the Committees nominated for that purpose, that the occasion of such their Message was, for that (as they were informed) M ^r Attorney General had prefer'd a Bill into the Star-Chamber against one Belgrave a Member of the House of Commons, for and concerning some matter of misdemeanor pretended to be done towards the Earl of Huntingdon a Lord of the Upper House. And therefore they desired this mutual Conference, letting their Lordships understand, that to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects.

First, That Belgrave being a Member of the House of Commons was thereby vexed and molested during his Service in the time of Parliament, contrary to the Honor and Privilege of the House, saying that no Member of that House ought by any such means in time of his Service to be distracted either in body or mind. The other, because in the said Bill prefer'd by M ^r Attorney General, who had been heretofore Speaker of that House, and therefore as they thought, ought to have more regard to the honor and liberty of the same, certain words and clauses were inserted, which were taken to be prejudicial and derogatory to the honor of the said House. And therefore they desired that the Lord's would peruse and consider of the said Bill. Whereupon the said Bill being offered to be read, and for as much as it appeared that it was not an authentic Bill testified by the hand of the Clerk of the Star-Chamber, as had been meet, the Lord's thought it not meet (though otherwise they were willing to have it read) nor agreeable to the proceeding of such a Court, that the said Bill or Scroll shall be received to reading. And therefore with a Message to that effect were pleased to send it down again to the House of Commons by M ^r Serjeant Yelverton and M ^r D ^r Hone; who finding the House risen before they came, brought the said Bill back again. Vide concerning this matter on Monday the 14 ^th day of this instant December following.

On Friday the 11 ^th day of December, the Bill concerning Captains, Soldiers and other in the Queens Services in the Wars, was returned to the House by the Lord Steward with certain Amendments, and a Proviso thought meet by the Committees (whose names see on Thursday the 12 ^th day of November foregoing, as also on Tuesday the 8 ^th day of this instant December last past) which Amendments and Provisoes were presently twice read, and thereupon the Bill Commanded to be engrossed.

The Bill for maintenance of the Navy, increase of Mariners, &c. (which was committed on Monday the 7 ^th day of this instant December foregoing, although the mention thereof as being of little moment be there purposely omitted) was returned to the House by the Lord Treasurer the first of the Committees with certain Amendments, which were presently twice read.

Four Bills were brought up to the Lord's from the House of Commons; of which the two last were, one for the Assurance of the Parsonage of the Vicarage of Rotherston in the County of Chester, and a Scholars Room in the Cathedral Church of Christ in Oxford, of the Foundation of K. H. 8. by the Dean and Chapter of the said Cathedral Church, to Thomas Venables Esq and his Heirs forever; And the other for the Augmentation of Rachel Wife of Edward Nevill in the Counties of Kent: both which Bills were read primâ vice.

Memorandum, A Proviso being drawn by the Judges for the Bill for Confirmation of Grants made by her Majesty, &c. as by the Court was Yesterday appointed, the same was presented to the House by the Lord Treasurer the second of the Committees, testified by M ^r Attorney General, that both Parties, viz. the Earl of Shrewsbury and Thomas Holcroft Esq &c. like of it, and the same was read primâ vice, and Conference had immediately with the Committees of the House of Commons in the Outward Chamber. Vide concerning this matter on Thursday the 17 ^th day of this instant December following.

The Bill before-mentioned sent down Yesterday by M ^r Serjeant Yelverton and D ^r Hone was sent by them again with the same Message, and moreover to signify unto them, that the Lord's are ready to have Conference with them. Whereunto the House of Commons returned Answer, that for the Conference they are ready to meet with the Lord's forthwith; And concerning the Bill, they will do what shall be fit. Vide Concerning this on Thursday the 17 ^th of December ensuing.

On Saturday the 12 ^th day of December, Eight Bills were brought up to the Lord's from the House of Commons by M ^r Secretary Cecil, M ^r Secretary Herbert and others, which were each of them read primâ vice; of which the first was for reformation of abuses in Sheriffs and other their inferior Officers for not duly executing Writs of Proclamation upon Exigents according to the Statute of 31 Eliz. And the second was the Bill for prohibiting Fairs and Markets to be holden on the Sunday.

Two Bills also had each of them one reading; of which the first being the Bill for the Grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty, was read primâ vice. Vide concerning this Bill on Monday the 14 ^th day and on Tuesday the 15 ^th day of this instant December ensuing.

The Lord's and those of the House of Commons not having time yesterday to conclude their Conference about the Bill concerning Letters Patents and Conveyances, &c. another meeting was then appointed for them this Morning; M ^r Attorney General and M ^r Doctor Carew were therefore sent unto them to let them know, that their Lordships were ready presently to meet. Unto which Message the House of Commons returned Answer, that they would make their repair to their Lordships forthwith for that purpose. Vide concerning this matter on Thursday the 17 ^th day of this instant December ensuing.

The Bill for the perfecting the Jointure of the Lady Bridget Countess of Sussex, Wife of Robert Earl of Sussex, was read secundâ vice, but no mention was made either of the Commitment or Engrossing thereof; the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

The Bill concerning the Jointure of the Countess of Bedford was returned to the House by the Earl of Worcester first of the Committees (who were appointed on Friday the 4 ^th day of this instant December foregoing) with a Proviso and certain Amendments thought meet to be added, together with a Petition of the Lady Russell against the said Bill.

The Lord's that were appointed Committees for the Bill touching Letters Patents, &c. went forth to the outward Chamber to have Conference with those of the House of Commons appointed Committees for the same Bill, but nothing concluded touching the Amendments, because the said Committees had no power to conclude; and therefore after long debate the Bill was brought back to the House, and the relation thereof refer'd to be made by M ^r Attorney, and the same deferred till the Afternoon sitting, by reason the day was spent.

Domimus Custos Magni Sigilli continuavit praesens Parliamentum us{que} in horam tertiam post Meridiem hujus diei.

About which hour the Lord Keeper and divers Lord's having assembled themselves, five Bills had each of them one reading; of which the first concerning the draining and recovery from the Water of certain Overflown-Grounds in the County of Norfolk; The second for Reformation of Abuses committed in buying and selling of Spices and other Merchandises; and the third to prevent Perjury and Subornation of Perjury and unnecessary expenses in suits of Law, were each of them read secundà vice. But no mention is made either of their Commitment or Engrossing, the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

The Proviso that was pretended to be added to the Bill for the Maintenance of the Navy, increase of Mariners, &c. was this day twice read in like sort as the Amendments of the said Bill had been before, and thereupon the Bill was appointed to be forthwith engrossed.

The Bill for the maintenance of the Navy, increase of Mariners, &c. was read tertiâ vice, and sent to the House of Commons, together with the Bill concerning Captains, Soldiers, &c. by D ^r Carew and D ^r Hone.

The Amendments and Proviso in the Bill concerning the Countess of Bedford's Jointure were twice read, and likewise the Lady Russells Petition was read. Whereupon it was appointed that the Proviso should be engrossed in Parchment, and the Amendments in Paper.

The Committees in the Bill for the observation of Orders in the Exchequer (who were nominated on Thursday the 10 ^th day of this instant December foregoing) were appointed forthwith to meet in the little Chamber near the Parliament Presence, to consider of a Proviso drawn by the Lord Chief Justice and the rest of the Judges, by direction of the Committees: which Proviso having been considered of accordingly, was brought into the House and presently twice read; And thereupon the said Proviso was commanded to be engrossed.

The Bill for the assuring the Patronage of the Vicarage of Rotherston in the County of Chester, and a Scholars room in the Cathedral Church of Christ in Oxford (of the Foundation of King Hen. 8 ^th ) by the Dean and Chapter of the said Cathedral Church, to Thomas Venables Esquire and his Heirs forever, was read secundâ vice. But no mention is made either of the Commitment or Engrossing, the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

Relation was made by M ^r Attorney of the Conference with the Committees of the House of Commons touching Amendments of the Bill of Letters Patents, &c. Whereupon because the Committees of both Houses were not agreed, it was thought good they should meet again upon Monday Morning being the 14 ^th day of this instant December, and should have Authority to agree touching the setting down and penning of the said Amendments, and reducing of them to a certainty, together with the Committees of the House of Commons coming with the like Authority, that afterwards the same might be presented to the Judgment of the House. This Motion was sent down by D ^r Carew and D ^r Hone, and was accepted. Vide concerning this matter on Thursday the 17 ^th day of this instant December ensuing.

On Monday the 14 ^th day of December, to which day the Parliament had been last continued on Saturday foregoing, the Bill for the better observation of certain Orders in the Exchequer set down and established by virtue of her Majesty's Privy Seal, was read tertia vice; And the Proviso thought meet by the Committees to be added, was also read the third time.

The Bill for the Assurance of certain Manors and Lands for part of a Jointure to Lucy Countess of Bedford; And the Provisoes and Amendments presented by the Committees to be added, were also read the third time; both which Bills were sent to the House of Commons for their consideration of the several Provisoes and Amendments, by the hands of D ^r Swale and the Clerk of the Crown.

Four Bills also had each of them one reading; of which the last being the Bill for the Grant of four entire Fifteenths and Tenths granted by the Temporalty was read secundâ vice. But no mention is made either of the Commitment or ingrossing thereof, the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing. Vide also concerning this Bill on Tuesday the 15 ^th day of this instant December immediately following.

Two Bills were brought up to the Lord's from the House of Commons; of which the second being the Bill for Confirmation of the Charter of King Edward the Sixth, of the three Hospitals of Christ, Bridewell and S ^t Thomas the Apostle, to the Mayor, Commonalty and Citizens of London, was read primâ vice.

The Bill to confirm the Assurance of the Manors or Farms of Sagebury aliàs Sadgebury and Obden, and other Hereditaments to Samuel Sands Esq and John Harris Gent', and their Heirs; And the Bill for the Amendment of certain imperfections of a Statute made in the Eighth Year of her Majesty's Reign concerning the true making of Hats, were each of them read secundâ vice: But no mention is made either of their Commitment or engrossing, the supposed cause or reason of which omissions see more at large on Monday the 23 ^th day of November foregoing.

The Paper or Scroll concerning Belgrave was this day returned from the House of Commons subscribed by the Clerk of the Star-Chamber, and excuse made by them for not sending the same at the first. Vide concerning this matter on Thursday the 10 ^th day of this instant December foregoing.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} ad horam secundam post Meridiem hujus instantis diei.

About which hour the Lord Keeper and divers Lord's Assembling, Six Bills had each of them one reading; of which the third being the Bill for the Augmentation of the Jointure of Rachel Wife of Edward Nevill of Berling in the County of Kent was read secundâ vice: But no mention is made either of the Commitment or engrossing of the same, the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

The Bill concerning the erecting of a Harbor and Bay in the North part of Devon, &c. was returned to the House by the Lord Steward with one Amendment, which was presently twice read.

The Bill prohibiting Fairs and Markets to be holden on Sunday, was read secundâ vice, and Committed: But in respect that all the Commitments of Bills this Parliament were of one and the same nature, wherein the Judges were always appointed to attend the Lord's Committees, and never nominated as Joint Committees with them, (as see more at large discussed on Saturday the 7 ^th day of November foregoing) therefore the said Committees names are in this place as in divers others purposely omitted, as being matter of no great moment; yet none of the Judges were appointed to attend upon the Lord's Committees in this present last above-mentioned Bill, but only the Attorney General.

Upon Motion made by the Earl of Worcester, It was Ordered by the House that William Crayford Prisoner in the Fleet should come to make his humble submission before the Lord's in the said House to Morrow by nine of the Clock in the Morning. Vide concerning this matter on Saturday the 19 ^th day of this instant December ensuing.

The Council as well of the Company of Plaisterers as Painters were appointed to be heard in the House to Morrow in the Afternoon. Vide touching this business on Monday the 18 ^th day of this instant December following.

On Tuesday the 15 ^th day of December, Three Bills had each of them one reading; of which the second being the Bill for the erecting and making a Harbor and Bay on the North part of Devon in the River of Severn for the Safeguard of Men and Shipping, and to the public good of the Common-Wealth, was read tertiâ vice, and sent down to the House of Commons, for their considerations of the Amendments, by D ^r Stanhop, D ^r Swale and D ^r Hone.

The Bill for the Grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty, was read tertiâ vice & expedit.

Nota, That whereas in the Parliament which was begun and holden at Westminster, in Anno 35 Regin. Eliz. Anno Domini 1592. The Knights, Citizens and Burgesses of the House of Commons were not drawn, without much and long dispute both amongst themselves and with the Lord's, to yield unto the Grant of three Subsidies and six Fifteenths and Tenths (being a greater Gift than had been before ever given unto her Majesty) and that the same was then also assented unto in respect of the great dangers were newly threatened to her Majesty from Rome and Spain, with caution and promise nevertheless, that it should not be drawn into Precedent for future times; Yet in the next Parliament which ensued in an. 39 Regin. Eliz. Anno Domini 1596. although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth Year of her Majesty's Reign, had to that time come into any real Execution, the House of Commons was notwithstanding again drawn to yield unto the same proportion of three Subsidies and six Fifteenths and Tenths to be paid also to her Majesty within a shorter time. And now lastly in this present Parliament in an. 43, & 44 Regin. ejusdem Anno Domini 1601. the said House was finally drawn (in respect chiefly of the troubles of Ireland, where the Spaniard had set footing) to present unto her Highness the extraordinary and great Gift of four Subsidies and eight Fifteenths and Tenths; The Bill whereof did this present Tuesday being the 15 ^th day of this instant December pass the Upper House upon the third reading, as it had formerly passed the House of Commons on Saturday the 5 ^th day of this instant Month foregoing, and had been then sent up unto the Lord's by M ^r Comptroller and others, although the sending up thereof at the said time be very negligently omitted by Thomas Smith Esq Clerk of the Upper House in the Original Journal-Book of the said House. From all which matters, lastly, compared together, this one Thesis or Conclusion may be drawn, That whatsoever the Subject doth once yield unto, may be afterwards advanced, but seldom falleth.

The Bill for Naturalizing certain persons born beyond the Seas was read secundâ vice.

The Bill for Confirmation of the Subsidy of the Clergy was read primâ, secundâ & tertiâ vice.

Memorandum, That at the second and third reading of the said Subsidy, the body of the Grant was omitted to be read according to the accustomed manner, and only the Preface and Confirmation of the Grant were read; And the Bill was sent to the House of Commons by M ^r Serjeant Yelverton, M ^r Doctor Stanhop and M ^r Doctor Hone.

Upon the humble Petition of William Crayford lately Committed to the Prison of the Fleet, and upon his humble Submission and acknowledgment of his offense, he was by the Order of the Court enlarged and set at liberty. Vide concerning this matter on Saturday the 19 ^th day of this instant December following.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us{que} ad horam secundam post Meridiem hujus instantis diei.

About which hour the Lord Keeper and divers other Lord's being Assembled, the Bill for Naturalizing of certain persons born beyond the Seas was read tertiâ vice & expedit.

Eight Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill for continuance of divers Statutes and for repeal of some others, And the second being against the transportation of Ordnance, Gun Metal, Iron Oar, Iron Mine and Iron Shot, were each of them read primâ vice.

On Wednesday the 16 ^th day of December, the Bill for re-edifying, repairing and maintaining of two Bridges of the River of Eden near the City of Carlisle in Cumberland was read primâ & secundâ vice.

Seven Bills of no great moment had each of them one reading; of which the fourth being the Bill for the continuance of divers Statutes, and for repeal of some others, And the fifth to redress the misimployment of Lands, Goods and stock of money heretofore given to charitable uses, were each of them read secundâ vice: but there is no mention made either of their commitment or ingrossing, the supposed cause or reason of which omission see more at large on Monday the 23 ^th day of November foregoing.

Eight Bills were brought up to the Lord's from the House of Commons by M ^r Secretary Cecil, Sir Walter Raleigh and others; of which the first being the Bill for ending and appeasing of all Controversies, matters and debates between Francis Kettlebie of the one part, and Andrew Kettlebie and Jane his Wife of the other part; and the second being for the recovery of many thousand Acres of Marish and other grounds subject commonly to surrounding within the Isle of Eli and Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk and Suffolk were each of them read primâ vice; And also the fifth being the Bill for the necessary relief of Soldiers and Mariners was read primâ vice.

A Message was delivered from the House of Commons by M ^r Comptroller and others, that the said House was not satisfied concerning the Proviso added by the Lord's to the Bill Intituled An Act for the better observation of certain Orders in the Exchequer, and therefore desired Conference with some of their Lordships about the same.

The Conference was yielded unto and appointed to be this Afternoon in the Outward Chamber.

The Bill Entituled An Act for Reformation of deceits of certain Auditors, &c. being returned to the House with certain Provisoes and Amendments, the Bill with the same was forthwith twice read and Ordered to be engrossed.

Upon Conference with the House of Commons concerning the Bill for Confirmation of Grants made to the Queens Majesty, &c. It was agreed by the Committees of both Houses, that certain Provisoes and Amendments should be added to the said Bill; which being returned to the House were presently twice read, and so commanded to be engrossed: And thereupon the Bill itself with the said Provisoes and Amendments was read the third time and sent to the House of Commons for their consideration of the same, by M ^r Attorney General and D ^r Stanhop.

Dominus Custos Magni Sigilli continuavit praesens Parliamentum us{que} ad horam secundam post meridiem instantis diei.

About which hour the Lord Keeper and divers other Lord's Assembling, Eleven Bills had each of them one reading; of which the Bill for the recovery of many thousand Acres of Marish Grounds subject commonly to surrounding within the Isle of Eli, &c. The 6 ^th being for the redress of certain Abuses and Deceits used in Painting, The 7 ^th concerning matters of Assurances among Merchants, And the 8 ^th being the Bill for Assize of Fuel were each of them read secundâ vice.

Upon the meeting this Afternoon of those of the House of Commons appointed to confer with the Lord's Committees in the Bill entitled An Act for the better observation of certain Orders in the Exchequer, &c. (who were appointed on Thursday the 10 ^th day of this instant Decem. foregoing) concerning a Proviso added by the Lord's to that Bill, after some debates of the Committees on both parts, thereupon those of the House of Commons did signify, that the said House would allow of the said Proviso, so as the same might be in some certain point amended. Whereupon a question grew between them, Whether the said Amendment of the Proviso should be made in the Upper House (upon notice given thereof by the Committees) and so be sent down again, or else be made in the House of Commons: which doubt being reported by the Lord's Committees by Order and Appointment of the House, It was agreed by the common consent, that the Amendments should be made in the House of Commons and sent up in Paper, and to be here inserted in the body of the Proviso. Which Order was by the Lord's Committees signified to the Committees of the House of Commons, and they thereunto assented.

Whereas it hath been accustomed in former Parliaments that towards the end of a Parliament, a Collection should be made amongst the Lord's for the Poor, and it was this day moved by the Lord Archbishop of Canterbury, that the like Collection might be made at this time; It was upon this Motion Ordered by the House, that there should be such a Collection made accordingly: And that the Lord Bishop of Chester, the Lord Bishop of Peterborough, the Lord Zouch and the Lord Rich should be Collectors of the same, and after such rates as have been usually given and bestowed by the Lord's for the said Charitable purpose in former Parliaments, and they to take Order for the distribution of it.

On Thursday the 17 ^th day of December the Bill for the relief of the Poor was read secundà vice.

It was Ordered that Edward Comber of the Middle-Temple should be presently sent for and brought before the Lord's in the House for that (contrary to the Privilege of this Court) he hath caused one Thomas Gerrard Gentleman to be Arrested. And it was likewise Ordered, that such Persons as made the Arrest or did assist the same, shall likewise be sent for by the Serjeant at Arms to answer their doings therein.

The Bill for the necessary relief of Soldiers and Mariners was read secundâ vice.

Two Bills were brought up to the Lord's from the House of Commons; of which the first being the Bill for the Assurance of certain Manors and Lands for part of a Jointure to Lucy Countess of Bedford was returned expedited.

Two Bills also had each of them one reading; of which the second being the Bill for Reformation of Deceits and Frauds of certain Auditors and their Clerks in making deceitful and untrue Particulars, was read tertiâ vice, and sent to the House of Commons by D ^r Carew and D ^r Hone.

The Bill was brought back from the House of Commons entitled An Act for confirmation of Grants made to the Queens Majesty, and of Letters Patents made by her Highness to others, expedit.

Nota, That there was much dispute and some difference between the two Houses touching this Bill, after that it had been sent up from the House of Commons to the Lord's, and sent down again from their Lordships to the House of Commons with divers Amendments; as see on Thursday the 19 ^th day of November, and on Monday the 23 ^th day of the same Month last past, as also on Monday the 7 ^th day, Tuesday the 8 ^th day, Wednesday the 9 ^th day, Thursday the 10 ^th day and Friday the 11 ^th day of this instant December foregoing.

The Bill for Confirmation of the Subsidy granted by the Clergy was returned from the House of Commons expedited.

The Bill concerning the Assize of Fuel was read tertiâ vice & expedit.

Dominus Custos Magni Sigilli continuavit praesens Parliamentum us{que} ad horam secundam post meridiem hujus instantis diei.

About which hour the Lord Keeper and divers other Lord's assembling, Five Bills of no great moment had each of them one reading; of which the second being the Bill for the strengthening of the Grants made for the Maintenance and Government of the House of the Poor called S ^t Bartholomews Hospital, of the Foundation of King Hen. the Eighth, was read secundâ vice.

The Bill for the recovery of many hundred thousand Acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Eli and Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk and Suffolk was read iertiâ vice & expedit.

Upon the third reading of this Bill it was moved by the House, that certain Additions might be put in the Title of the Bill and Amendments in some part of the body thereof, and the Lord Chief Justice and M ^r Attorney were required to draw the same, which was done presently by them and presented to the House. Whereupon the said Additions and Amendments were thrice read, and then sent to the House of Commons, for their consideration of the same, by M ^r Attorney and M ^r D ^r Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the Title of, of the Counties of Essex, Sussex, Kent and the County Palatine of Durham.

Three Bills also had each of them one reading; of which the last being the Bill to make the Lands, Tenements and Hereditaments of Edward Lucas Gentleman deceased, Executor of the last Will and Testament of John Flowerden Esquire deceased, liable, &c. was read secundâ vice; but no mention is made either of the Commitment or Engrossing thereof, the reason or cause of which omission, see more at large on Monday the 23 ^d day of November foregoing.

Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of Deceits and Frauds of certain Auditors, &c. The Conference was yielded unto and appointed to be presently at the outward Chamber near the Parliament Presence.

On Friday the 18 ^th day of December, Four Bills had each of them one reading; of which the last being the Bill for the Queens Majesty's most Gracious General and free Pardon was read primâ vice, and sent to the House of Commons by M ^r Attorney General and M ^r Doctor Stanhop.

Memorandum, that whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters, making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers, in using some part of their Trade of Painting, contrary to the right of their Charter (as is pretended) and humbly seeking by the said Bill, reformation of the said wrong; And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lord's of the Higher House to the contrary: Yet nevertheless the Lord's of the Upper House have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied, and for the settling of some good agreement and Order for the said Painters and Plaisterers, so as each sort of them might exercise their Trade conveniently without impeaching one the other: It is therefore Ordered by the Court of the Upper House of Parliament, that the said complaint and cause of the said Painters (which proceeded not in Parliament) shall be refer'd to the Lord Mayor of London, and the Recorder of London, to be heard and examined, adjudged and Ordered as in Justice and Equity shall be found meet; And that at the time or times of the hearing of the said Cause, the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, M ^r Justice Gawdie, M ^r Baron Clark and M ^r Attorney General or any four, three, or two of them, shall assist and give their help for the making and establishing some good Order and Agreement. And that the said parties complainant, and also the Company of the Plaisterers shall observe and keep such Order as by the said Mayor, the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, M ^r Justice Gawdie, M ^r Baron Clark, M ^r Attorney General, M ^r Recorder of London, or any six, five, four or three of them (whereof the Lord Mayor and the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas to be two) shall be set down and prescribed. Vide concerning this matter on Monday the 14 ^th day of this instant December foregoing.

Memorandum, that whereas William Crayford of Mongham in the County of Kent Gentleman, was this day brought before the Lord's Spiritual and Temporal in the Upper House of Parliament to answer an Information made against him, that he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gentleman Servant to the Earl of Shrewesbury, contrary to the privilege of the Court; And the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information, wherein he protested that he was guiltless, and that his said Son had not in any sort received such direction from him as was informed; It was therefore by the Court thought meet and so Ordered, that the examination and determining of the controversies and Suits depending between the said Crayford and Vaughan should be refer'd to the Earl of Worcester, the Lord Bishop of London and the Lord Cobham; And that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to, observe and perform such Award and Arbitrement as the said Lord's shall make and set down between them. Vide concerning this Matter on Saturday the 19 ^th day of this instant December immediately following.

On Saturday the 19 ^th day of December a Motion was made in the House, for avoiding of all further controversy between William Crayford and William Vaughan Gentlemen, That forasmuch as each of them took mutual Exception one to the other touching the Bonds whereinto they formerly entered by Order of the Court (the said William Crayford alleging that it sufficed not William Vaughan alone to be bound, because his Heirs or some other claiming by and from him might trouble and molest him: And that the said Vaughan is insufficient; And the said William Vaughan alleging, that if William Craysord were bound alone, his Sons or Heirs might molest and trouble the said Vaughan without hazard of the Bond) some further Order might thereupon be taken; It was therefore this day Ordered by the Court, that the said William Crayford and his eldest Son Edward Craysord should enter into sufficient Bond unto the said William Vaughan, without hazard of the Bond, for themselves and their Heirs, that they and every of them shall stand to the Award and Arbitrement of the Earl of Worcester, the Lord Bishop of London and the Lord Cobham, or any two of them; And that also the said William Vaughan shall enter into like Bond with a sufficient surety for himself and his Heirs, to stand to the said Award of the Lord's beforementioned, or any two of them so as such Award be made before the Feast of Easter next following. And moreover, it is Ordered by the Court that if they or either of them shall refuse to enter into Bond according to the said Order, That the Lord Keeper (notwithstanding the ending of the Parliament, and thought it be after the time) shall commit them or either of them to close Prison so refusing, there to remain until the party refusing be conformable to the said Order. Vide concerning this matter on Tuesday the first day, Wednesday the second day, Thursday the third day, Friday the fourth day Monday the fourteenth day, Tuesday the fifteenth day, and on Friday the eighteenth day of this instant December foregoing.

Dominus Custos Magni Sigilli continnavit praesens Parliamentum us{que} ad horam secundum post meridiem hujus instantis diei.

About which hour in the Afternoon the Queens Majesty was personally present, being accompanied with the Lord Archbishop of Canterbury, Sir Thomas Egerton Knight Lord Keeper of the Great Seal, the Lord Buckhurst Lord Treasurer of England, and with divers other Lord's Spiritual and Temporal; but what was there done is not mentioned in the Original Journal of the Upper House, and is therefore supplied out of a very elaborate private Journal of the House of Commons.

Her Majesty with divers Lord's Spiritual and Temporal being set in the Upper House in their Parliament Robes between two and three of the Clock in the Afternoon, the Knights, Citizens and Burgesses of the House of Commons had notice thereof, and thereupon repaired thither with John Crooke Esquire Recorder of London their Speaker, who being placed at the Rail or Bar at the lower end of the said Upper House, after he had made three Reverences to her Majesty fitting under a rich Cloth of State, spake to this effect following.

That Laws were not at first made with human Pen, but by Divine Ordinance; That politick Laws were made according to the evil conditions of Men, and that all Laws serve not for all times, no more than one Medicine for all Diseases; If he were asked, what were the first and chiefest thing to be considered, he would say, Religion. So Religion is all in all, for Religion breeds Devotion, Devotion breeds Zeal and Piety to God, which breedeth Obedience and Duty to the Prince, and obedience of the Laws, which breedeth Faithfulness and Honesty and Love, Three necessary and only things to be wished and observed in a well Governed Common-Wealth. And that her Majesty by planting true Religion had laid such a Foundation upon which all those Virtues were so planted and built, that they could not easily be rooted up and extirpated. And therefore he did acknowledge, that we ought and do acknowledge that we will praise God and her Majesty for it. And then he descended to speak of Governments and Laws of Nations, among and above all which he principally prefer'd the Laws of this Land, which he said were so many and so wise, that there was almost no offense but was met with in a Law. Notwithstanding her Majesty being desirous for the good of her Land to call a Parliament for redress of some old Laws and making some new, her dutiful and loving Subjects having considered of them, have made some new, and amended some old, which they humbly desire may be made Laws by her most Royal Assent which giveth life unto them. And so after thanks given for the Pardon by which we dread your Justice and admire your mercy, and a prayer unto her Majesty that she would accept as the Testimonies of our Love and duty offered unto her, with a free Heart and willing Spirit, Four entire Subsidies and Eight Fifteenths and Tenths, to be collected of our Lands and Livelihoods; In speaking whereof he mistook and said, Four entire Fifteenths and Eight Subsidies, but he was remembered by some of the Council that stood near about him, and so spake right as aforesaid; and having craved pardon for his offense, if either he had forgotten himself in Word or Action, he ended.

The which the Lord Keeper Answered thus in effect. First as touching her Majesty's proceedings in the Laws for her Royal Assent, that should be as God should direct her Sacred Spirit. Secondly, For your presentation of Four Subsidies and Eight Fifteenths and Tenths; Thirdly, your humble thankfulness for the Pardon, for them and yourself; I will deliver her Majesty's Commandment with what brevity I may, that I be not tedious to my most gracious Sovereign. First she saith, touching your proceeding in the matter of her Prerogative, that she is persuaded Subjects did never more dutifully; And that she understood you did but obiter touch her Prerogative, and no otherwise but by humble Petition; And therefore, that thanks that a Prince may give to her Subjects, she willingly yieldeth: But she now well perceiveth, that private respects are privately masqued under public presence. Secondly, touching the presentation of your Subsidy, she specially regardeth two things, both the persons and the manner. For the first, he fell into Commendations of the Commonalty; for the second, the manner, which was speedy, not by persuasion or persuasive inducements, but freely out of duty with great contentment. In the thing which ye have granted, her Majesty greatly commendeth your confidence and Judgment; And though it be not proportionable to her occasions, yet she most thankfully receiveth the same as a loving and thankful Prince; And that no Prince was ever more unwilling to exact or receive anything from the Subject than she our most gracious Sovereign; For we all know she never was a greedy Grasper nor strait-handed Keeper; And therefore she commanded me to say, that you have done (and so she taketh it) dutifully, plentifully and thankfully.

For yourself, M ^r Speaker, her Majesty commanded me to say, that you have proceeded with such Wisdom and Discretion, that it is much to your Commendations; and that none before you hath deserved more.

And so he ended after an Admonition given to the Justices of the Peace, that they would not deserve the Epithets of prolling Justices, Justices of Quarrels, who counted Champetrie good Chevesance, Sinning Justices who do suck and consume the wealth and good of the Common-Wealth; and also against those who lie (if not all the Year, yet) at least three quarters of the year in this City of London.

After the before-recited Speeches were ended as abovesaid, then were the titles of all the Acts read in their due Order.

After which ended, and her Majesty's Assent thereunto, then the Dissolution of the Parliament followed by the Lord Keeper, which is entered in the Original Journal-Book of the Upper House in these words following, viz.

Dominus Custos magni Sigilli ex mandato Dominae Reginae Dissolvit hoc praesens Parliamentum.

THE JOURNAL OF THE House of COMMONS.

THIS large and copious Journal containeth in it not only a number of excellent Passages concerning the Orders and Privilege of the House of Commons, which are usually found in other Journals of the same House; but also much matter touching the public State, and that great grievance of the Realm by reason of Patents of Privilege or Monopolies, in the abdication or censure of which her Majesty most graciously concur'd with her Subjects: In which also a great number of Speeches and other Passages which were not found in the Original Journal-Book of the said House, are supplied out of a Journal of the same House taken at this Parliament by one of the Members thereof. But yet to avoid confusion, whatsoever is here inserted out of the said private Journal, is particularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the House of Commons, by some Animadversion or expression thereof both before and after the inserting of it.

The tenth 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 Tuesday being the 27 ^th day of October in the forty third year of her Majesty's Reign, upon which day many of the Knights for the Shires, Citizens for Cities, Burgesses for Boroughs, and Barons for Ports returned into the same Parliament did make their appearance at Westminster aforesaid before the Right Honorable the Earl of Nottingham Lord Admiral and Lord Steward of her Highnesses most Honorable Household, and did then and there take the Oath according to the Statute in that behalf made and provided, tendered by the said Earl, or by his Deputies, who were Sir William Knolls Comptroller of her Majesty's Household, Sir John Stanhop her Highness Vice-Chamberlain, Sir Robert Cecil Principal Secretary, and John Herbert Esq second Secretary. After which all the said Lord Steward's Deputies and some others of the House of Commons having gotten into the Upper House, and her Majesty with divers of the Lord's Spiritual and Temporal being set, the greatest part of the residue of the Members of the said House of Commons had notice thereof about four of the Clock in the Afternoon, being at that time still suiting in the said House and expecting her Majesty's Pleasure to be sent for up unto the said Upper House according to the ancient usage and custom of former Parliaments; And thereupon the said residue repaired immediately unto the Door of the said House, but could not be let in, the Door being still kept shut, and so returned back again unto their own House much discontented. Shortly after which time the Right Honorable Sir William Knolls, one of the Deputies aforesaid, came down into the said House of Commons, and so being there set with the said residue for some little space of time, M ^r Richard Lieffe, one of the Barons returned into this present Parliament for the Port of Hastings in the County of Sussex, stood up, and showing unto the said Comptroller the wrong done unto the greatest part of the Members of this House, in their not being suffered to come into the said Upper House to hear her Majesty's Pleasure signified by the Mouth of the Lord Keeper of the Great Seal of England, humbly desired the said Comptroller to be a means, that the effect thereof might be imparted unto some of the Members of this House for their better satisfactions. Which as his Honor did think very reasonable and meet to be done at convenient time, so did he impute the said fault wholly to the Gentleman-Usher of the said Upper House. Which done, and the residue of the said Deputies being shortly after come into the said House of Commons, and there sitting, the said M ^r Comptroller after some pause stood up, and showing unto this House that his place was to break the silence of this House for that time, and putting the House in mind to make Choice of a Speaker according to her Majesty's Pleasure given unto them in that behalf, shown that in his opinion he thinketh M ^r John Crooke, Recorder of London, returned one of the Knights for the City of London into this present Parliament, to be a very fit, able and sufficient Man to supply the whole Charge of the said Office of Speaker, being a Gentleman very Religious, very Judicious, of a good Conscience, and well furnished with all other good parts; yet leaveth nevertheless the further consideration thereof to this House; and so did sit again. Which done, and no one contrary Voice at all being delivered, the said M ^r Crooke after some large Pause first taken stood up, and very Learnedly and Eloquently endeavored to disable himself at large, for the burden of that charge, alleging his great defects both of Nature and of Art fit to supply that place, and showing all full Complements for the same to abound in many other Learned and grave Members of this House; in the end prayed most humbly that they would accept of his due excuse, and be pleased to proceed to a new Election; and did then sit down again. Whereupon the said M ^r Comptroller did stand up, and said, that hearing no negative Voice he took it for a due Election, and demanding the further opinion of this House therein, they all Answered Yea, and gave their Assents. Whereupon the said M ^r Comptroller and the Right Honorable Sir John Stanhop her Majesty's Vice-Chamberlain immediately went to the said M ^r John Crooke, and did set him in the Chair; which done, the said M ^r Crooke after some little pause did stand up, and yielding unto this whole House most humble thanks for their great good opinion of him and loving favor towards him; and praying them to accept of his willing mind and readiness, and to bear with his unableness and wants in the service of this House, refer'd himself to their good favors. And then the said M ^r Comptroller signified further unto this House, that her Majesty's Pleasure was, that the Members of this House having made choice of their Speaker should present him unto her Highness upon Friday next following in the Afternoon. And so then every man departed and went his way.

On Friday the 30 ^th day of October about one of the Clock in the Afternoon the Knights, Citizens and Burgesses of the House of Commons with John Crooke Esq Recorder of London, their Speaker Elect, Assembled together in their own House, and having stayed there a good while silent, and attending her Majesty's Pleasure to be sent for to the Upper House, and hearing nothing thereof, they did at length depart out of their own House and went of themselves towards the said Upper House there to be more near and ready to come before her Highness at such time as she should be pleased to send for them, which she did accordingly after they had waited at the said Upper House Door about half an hour; where the Speaker aforesaid being presented unto her Majesty, was, notwithstanding his excuse made according to the usual form to the contrary, approved and allowed by her. And upon her said Majesty's granting of such Petitions of course as the said Speaker did lastly make in the name of the House of Commons, touching liberty of Speech, free access to her Majesty, and freedom from Arrests and Suits, he with the rest of the said Commons House returned back to their own House, the Serjeant of the said House carrying the Mace before the said Speaker into the said House.

Where the said Speaker after some good pause of time did signify unto the Members of the said House (being most of them set in their several places) that her Majesty's pleasure delivered by the Lord Keeper was, that this Parliament should be a short Parliament; And therefore she willed that the Members of this House should not spend the time in frivolous, vain and unnecessary Motions and Arguments, but only should bend all their best endeavors and travails wholly in the devising and making of the most necessary and wholesome Laws for the good and benefit of the Common-Wealth and the Realm. And further shown, that her Highness did purpose that the Members of this House should have convenient scope of time to repair home into their Countries before Christmas for her Majesty's better Service in their Countries; And declared withal, that in regard of some matters of great importance her Highness had Adjourned this Court till Thursday next at nine of the Clock in the Forenoon. Which done, the Members of this House did forthwith rise and depart without reading any Bill at all, by reason of the Adjournment, taking the same to extend as well to this House as to the said Upper House; but were mistaken, as upon the next Morning further afterwards appeared upon advertisement of the said Lord Keeper to Mr. Speaker, that the said Adjournment did only tend to the said Upper House, and not to this House.

Nota, that in the last foregoing Parliament de Anno 39 & 40. Reginae Eliz. Anno Domini 1597. The House of Commons upon a like mistake, which happened chiefly through the negligence of Christopher Yelverton Serjeant at Law their Speaker at that time, was Adjourned, upon Thursday the 27 ^th day of October unto Saturday following being the 5 ^th day of November in Anno praedicto, where this said matter was fully handled by a large Animadversion upon it, ut vide ibidem.

Nota also, That the passages of these two foregoing days are more orderly and copiously set down in the Original Journal-Book of the House of Commons than usual, and are therefore wholly inserted out of it, with the addition and alteration only of some few matters of course.

On Saturday the 31 ^th day of October M ^r Francis Bacon, returned into this present Parliament one of the Burgesses for the Borough of Ipswich in the County of Suffolk, and also for the Borough of St. Albans in the County of Hartford, shown unto this House that he maketh choice to stand for the said Borough of Ipswich. Whereupon it was Ordered by this House, that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for returning of another Burgess for the said Borough of S ^t Albans in lieu and stead of the said M ^r Francis Bacon.

M ^r George Goring, one of the Burgesses for the Borough of Louis in the County of Sussex, shown on the behalf of M ^r Goddard Pemberton returned into this present Parliament a Burgess for the sasd Borough of Louis, and also for the Borough of Peterborough in the County of Northampton, that the said Mr. Pemberton maketh choice to stand for the said Borough of Peterborough: It is thereupon Ordered by this House that a Warrant be made to the Clerk of the Crown-Office in the Chancery for the awarding of a new Writ for the Choosing and returning of another Burgess for the said Borough of Louis in lieu and stead of the said M ^r Goddard Pemberton.

A Committee was appointed to travel in the Examination of such Returns and matters of privilege as shall happen questionable in this House during this present Sessions of Parliament, and to report their Proceedings therein unto this House from time to time for the further resolution of this House to be had in the same accordingly, viz. All the Privy-Council being Members of this House, M ^r Thomas Knivet, M ^r Attorneys of the Duchy and Court of Wards, Sir Francis Hastings, Sir Robert Wroth, M ^r Michael Stanhop, M ^r Francis Bacon, Sir Edward Hobbie, M ^r Solicitor, M ^r George Moore, M ^r Peake, M ^r Serjeant Heyle, M ^r Leife, M ^r Jerome Horsey, M ^r Henry Hubberd, Sir Walter Raleigh, Sir Robert Knolls, Sir Edward Stafford, M ^r Henry Maynard, M ^r Snigg, M ^r Oldworth, M ^r Boys, M ^r Wiseman, M ^r Lake, M ^r John Hare, M ^r Serjeant Harris, Sir Richard Knightley, M ^r Francis Fortescue, Mr. Robert Wingfield and Mr. William Coke, who were appointed to meet upon Thursday next in the Afternoon in the Court of Wards; And the Note of the Committees names was delivered to Sir Edward Hobbie.

The Bill for the strengthening of certain Grants made for the maintenance and Government of certain Hospitals in London, was read the first time.

The Bill also against excessive and common Drunkenness had its first reading.

On Monday the second day of November, Two Bills had each of them one reading; of which the second being the Bill to preserve the Breed of Horses, and to avoid the common stealing of them, was read the first time. After which divers Speeches were made, which are transcribed out of the abovesaid private Journal.

Sir Edward Hobbie made a Speech for the abridging of Penal Laws, which he said were like Thorns that did prick, but did yield no Fruit; And that they being not looked unto, it bred in us an alteration in manners: And therefore the Proverb must needs be fulfilled Morum mutatio mutationem legum requirit. Times are not as they have been, and therefore the necessity of time makes a necessity of alteration of Laws, with many other circumstances touching the shortness of Statutes, and commending the proceeding of former ages, he concluded with a desire of a Committee.

Which Speech was seconded by M ^r Serjeant Harris, who said that in the 27 ^th year of the Queen the like Motion had been made, and that then by reason of the shortness of the time and sudden ending of the Parliament, nothing was done therein: Notwithstanding he said, that now this motion being so happily made, and that then by reason of the shortness of the time nothing was done, he thought it fit for a Committee.

He was seconded again by M ^r Wiseman of Lincolns-Inn, who was of the same mind, and said, That divers particular Laws of his knowledge were now both needless to be performed, as also dangerous to the Subject by reason of the Penalties. Whereupon the House agreed that the said Bill should be committed, and Committees were nominated (which are inserted out of the Orinal Journal-Book itself) viz. All the Privy Council being Members of this House, M ^r D ^r Caesar, Master of Requests, Sir Edward Hobbie, M ^r Wiseman, M ^r D ^r Crompton, M ^r D ^r Perkins, M ^r D ^r Dunn, the Knights and Citizens for London, the Knights and Citizens for Norwich, Sir Walter Raleigh, M ^r Tanfield, M ^r Francis Bacon, M ^r Robert Wingfield, Sir Robert Wroth, Sir George Moore, Sir Moile Finch, Sir John Harrington, Sir Thomas Leighton, M ^r Snigg, M ^r Phillipps, M ^r Winch, Mr. Tho. Culpepper, Mr. Hide, Mr. Oldsworth, Mr. Maynard, the Lord Howard, Sir Richard Knightley, Sir Robert Carey, the Lord Clinton, Mr. Dale, Mr. William Lane, Mr. Michael Stanhop, Mr. Warcop, Sir Henry Nevill, Sir Arthur George, Sir Edward Hungerford, Sir William Strowde, Sir William Courtney, Mr. John Egerton, Mr. Dr. James, Sir Crew Rawleigh, Mr. Boys, Sir Henry Brunker and Sir Thomas Gerrard, who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon.

The Bill for the explanation of such Statutes as touch Leases to be made by Archbishops and Bishops, was read the first time.

Monition was this day given by Mr. Speaker unto the Members of this House; that they would forbear from henceforth to come into this House with their Spurs on, in regard it is very offensive to many others of the residue of them. Thus far out of the Original Book itself.

Others also (although nothing were done therein) moved to have Boots and Rapiers taken away, as is set down in the above mentioned private Journal.

On Tuesday the 3 ^d day of November, Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House, for that it hath pleased God to visit him with an Ague, That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow, until it shall please God to restore him to health. Which was willingly assented unto by the whole House, and by Order of the whole House the said Tydder took the Oath of Supremacy.

Nota, That there was a like precedent in the second meeting of the Parliament (after an Adjournment thereof) in Anno 28 & 29. Regin. Eliz. An. Dom. 1586. when upon the like Motion of the Speaker on Wednesday the 15 ^th day of February, William Onslow kinsman of the said Mr. Fulk Onslow, being at that time a Member of the House of Commons, was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same.

Six Bills of no great moment had each of them one reading; of which the last being the Bill for the better preserving the breed of Horses, and to avoid the common stealing of them, was upon the second reading committed unto Sir Edward Hobbie, Sir Robert Wroth, Mr. Walter Cope, Mr. Fulk Grevil, Mr. Hide and others, who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon; And the Bill and Committees names were delivered to Sir Robert Wroth.

The Bill to reform the Abuses in Inns, Victualling-Houses, &c. was read the second time, and being put to the question for committing, was upon the question refused to be committed.

Upon a Motion made by Mr. Leife, that whereas many Members of this House, which could not come to the Upper House upon the first day of this Parliament (the Door being kept shut) to hear her Majesty's pleasure signified by the Mouth of the Lord Keeper, of the Causes of her Majesty's calling of this Parliament, they might in some sort be satisfied of the same, He putteth Mr. Comptroller in mind of his Honors promise to relate the same unto them. Who thereupon desired Mr. Secretary Cecil (because he the said Mr. Comptroller was not there himself) to make the same relation; which the said Mr. Secretary doing at large, The chief intent and scope thereof appeared to aim at the setting forth of two things especially, the First the Danger the Kingdom stood in, in respect of the power and malice of the Spaniard: the Second that timely provision of Treasure might be made for the prevention. Thus far out of the Original Journal-Book itself. M ^r Secretary Cecil's Speech, which followeth, being spoken after that he had repeated the Lord Keepers Speech, is inserted out of the beforecited private Journal of the House, in manner and form following.

For my own advice touching the particular Counsels of this House, I wish that we would not trouble ourselves with any fantastic speeches or idle Bills, but rather such as be for the general good, both light in conception, and facile in execution. Now seeing it hath pleased you all hitherto with patience to hear me, if with your favor I may particularize and show the grounds of the former delivered Speech touching the State of Ireland, I shall be very glad both for my own discharge and for your satisfaction. The King of Spain having quit himself of France by a base and servile Peace, forgetteth not to follow the Objects of his Fathers Ambition, England and the Low-Countries. He hath made Overtures of Peace, which if they might both be honorable and for the public good, I hold him neither a wise nor an honest man would impugn them. He hath put an Army into Ireland, the number Four thousand Soldiers, under the conduct of a valiant, expert and hardy Captain; who chooseth rather than return into his own Country without any famous enterprize, to live and dy in this service. These Four thousand are three parts Natural Spaniards, and of his best expert Soldiers, except them of the Low-Countries: Those he could not spare, because of his enterprize of Ostend. And how dangerous the loss of that Town would be to this Land, I think there is no man of experience but can witness with me; For he would easily be Master of all that Coast, so that the Trade between England and the Low-Countries would be quite dissolved; Yea he would be so dangerous a Neighbor to us, that we which are now Tenants by discretion are likely shortly to be Tenants by the Courtesy. When he is our Neighbor of the Low-Countries, what Neighbor hath Spain to whom he shall not be troublesome.

I will show you further what besides this he hath done, and how Eagle-eyed he is continually over us; To resist the Turks attempts, he hath sent Ten thousand Men; To the Low-Countries nine thousand; In an Enterprize of his own against the Turk he hath sent ..... which being dispatched, those Soldiers shall return against the next Spring and second these four thousand men. Now in the Enterprize for Ireland, to resist those attempts in being, and the ensuing Provisions against us, let us consider the certainty of our Estate in Ireland; We have there an Army, and nothing but an Army, fed even out of England, with what charge it brings to the Queen, what trouble to the Subject, what danger it is to them there left if the provision should fail, what hurt to the Common-Wealth by making things at a higher rate than otherwise they would be, I refer it to your Wisdoms to imagine. Over this, I assure you, it is beyond all Precedent and conjecture, his presence and cause of War there, is to defend the Catholic Cause, I mean, to tear her Majesty's Subjects from her; for I may say she hath no Catholic obedient Subject there, because she standeth Excommunicate at this present by force of two Bulls of this Popes, by which the Subjects are absolved of their obedience. That you do only remember you do it pro aris & focis; Yea we do it for a Prince that desireth not to draw anything extraordinary out of the Coffers of her Subjects. She selleth her Land to defend us, she supporteth all the Neighbouring Princes to gain their amities and establish our long Peace; Not these five, or seven, or ten years, but forty three Years for all our Prosperities. I hope I shall not see her Funeral upon which may be written, Hîc solùm restat victrix Orientis. And I pray God I may not. What we freely give unto her, she living bestows it to our Good, and dying doubtless will leave it for our profit. Thus have I out of mine own genius for mine own part delivered unto you what I know. And touching that I have spoken in performing your Commandment, I will take no thanks from you for my pains, for no man cares with less affection to speak in this Assembly, or desireth to gratify any particular Member of this House more than myself.

Mr. George Moore moved, that whereas the Lord Keepers Oration was, that the greatest matters should be handled in the beginning of the Parliament, a Committee might be chosen to certify the House what those matters were, that Order might be taken accordingly.

Thus far out of the aforesaid private Journal of the House of Commons. The Committees names who were appointed upon the aforesaid Motion of Mr. George Moore to consider what those weighty matters were, which had likewise in part been touched in Mr. Secretary Cecills Speech immediately foregoing, do now also follow out of the Original Book itself, which were these, All the Privy-Council being Members of this House, the Knights of the Shires, the Barons of the Cinque Ports, the Knights and Citizens for London and York, Sir Thomas Egerton, Mr. Solicitor, Sir Edward Stanhop, Mr. Serjeant Heile, Mr. Serjeant Harris, Mr. Henry Brunker, Mr. Glastock, Mr. Leonard, Sir William Harvy, Mr. Henry Hubberd, Sir William Strowde, the Burgesses of Totnesse, Mr. Hide, Mr. Winch, Sir Richard Knightly, Sir Richard Hampden, My Lord Howard of Effingham, Sir Francis Darcy, Sir Robert Cross, Mr. Tyne, The Citizens for Norwich, Mr. Francis Bacon, Sir Edward Hobbie, Mr. Doctor Caesar, Mr. Newdigate, Mr. Philipps, Mr. Robert Wingfield, Mr. Maynard, The Citizens for Bristol, Sir Matthew Brown, Mr. Jones for Hereford, Mr. Francis Moore, Mr. Montague, Sir Moile Finch, Mr. Edward Barker, Sir John Egerton, Mr. Boice, Mr. Lake, Mr. Cope and Mr. Richard Warberton, who were appointed to meet in this House upon Saturday next at two of the Clock in the Afternoon. Vide December 5. Saturday postea.

On Wednesday the 4 ^th day of November, the Bill for the better keeping of the Sabbath day, was upon the second reading committed unto Sir George Moore, Sir William Wray and divers others, who were appointed to meet this Afternoon in the Middle-Temple Hall at two of the Clock.

Thus far out of the Original Journal-Book of the House of Commons, the rest that follows touching the Election of Sir Andrew Nowell to be one of the Knights for Rutlandshire, being at the same time Sheriff of the said County, being but briefly and imperfectly set down, is therefore supplied out of the said private Journal of the House of Commons.

Mr. Serjeant Harris moved the House, that in respect great danger and inconvenience might grow by the want of any one particular Member of this House, Therefore he thought good to certify the want of a Knight for Rutlandshire; For he said, that Sir Andrew Nowell being Sheriff of the County had returned himself jointly with Sir John Harrington to be Knight, which he took in Law to be a void Return, because it is against the express words of the Writ, which are, Ita quod ne{que} tu ne{que} aliquis alius Vicecomes alterius Comitatus eligatur, &c. which he thought good to move the House in referring it to their considerations; And prayeth that the Record may be sent for from the Clerk of the Crown; for saith he, we know in Law, that a man cannot make an Indenture to himself and the County, for there are required two persons.

To which Sir Edward Hobbie replied, that notwithstanding this, the House might well receive him. And he vouched a Precedent in the 31 ^th of this Queen, when a Writ was directed to the Bailiffs of Southwark to return Burgesses, and they returned themselves and were received. But if we do not receive him, another question will grow, Whether a new Warrant must go from the Speaker to Elect a new Knight, or from the Clerk of the Crown. To which it was agreed per omnes, that from the Speaker.

Then Mr. Wiseman of Lincolns-Inn stood up and shown the necessity of having all our Members, because otherwise the Body is but maimed; as also how dangerous a Precedent this would be if it might pass with the Applause of this House; And lastly, the reason of putting in the aforesaid special words in the Writ, because it must be necessarily intended, that they being so great Officers, having so great a charge, and their presence in their Countries so requisite, should not be returned. Besides, for that time they be the chief men of the Shire, Freeholders peradventure for favor sake would rather choose him than men far more sufficient for that place.

Mr. Carey moved, whether if it were with his will, he should be punished by Fine or otherwise.

Sir John Harrington said, of his own knowledge he knew him to be very unwilling: But the Freeholders made Answer they would have none other.

Mr. Speaker said, it could not be intended against his will, for his hand is to the Indenture; but he moved whether it should be intended that this Sir Anthony Nowell were una & eadem persona, or no; And though it were, yet whether they could take notice thereof, not being certified out of the Chancery. To which all the House said, there was no other of the name.

Then Mr. Comptroller stood up and moved, that in respect the Return was joint, and that they did disallow Sir Anthony Nowell, he desired to be resolved of the Learned Masters of the Law in this House, whether all the Return were insufficient, and so Sir John Harrington to be excluded. To which all the whole House said No.

Mr. Serjeant Harris said No, because the said Warrant is affirmative to choose any but the Sheriff, who is excepted by special words; so that the Return of the other is warranted, but that of himself is void.

Sir Edward Hobbie Answered and said, nay then Mr. Serjeant, if you stand on that, I think there are few Knights in this House lawfully chosen, for the words of the Writ and Statute are, that he must be Commorant within the County, which but few are. To which not one word was Answered. And that Clause was hushed up.

Mr. Speaker said, Well, I will put it to the question, which shall be twofold, one whether the Return be void, the other whether a new Warrant shall be sent forth. To which being twice moved, all cried I, I, I; not one man said No.

Sir Edward Hobbie said, Mr. Speaker the Warrant must go from yourself, for in the twenty seventh Year of this Queen, when Parrie was Burgess for Queenborough a new Election was made, and the Warrant was sent from the Speaker.

Nota, That this resolution of the House is directly contrary to a former Precedent agreed on in the House of Commons upon Friday the 21 ^th day of February in the Parliament de An. xxxi ^o Regin. Eliz. Anno Dom. 1588, 1589. where Mr. S ^t Poole being both Knight for the County of Lincoln and Sheriff of the same also, was notwithstanding allowed to retain his place in the said House as a Member thereof, and had only Licence given unto him to depart into the said County about the business of his said Sheriffwick, in no other form or manner than is vouchsafed of course to the Members of the said House upon any urgent occasions by them alleged, requiring their absence for some time, be it longer or shorter. Where other Precedents also to this purpose are vouched, and yet perhaps both the said Precedents may stand good and be reconciled, with this difference, that where any man is first Sheriff of some County and then Elected a Knight of the same, or a Citizen, Burgess or Baron of any City, Borough or Cinque-Port of the same, that in this Case his Election is void, because it must of necessity follow, as in this Case of Sir Andrew Nowell it did, that he must return himself, which cannot be good in Law. But where a man is first Elected a Member of the House of Commons, be it Knight, Citizen, Burgess or Baron, and is afterwards made Sheriff of some County, here his first Election standeth good, as it should seem also it doth, although he may be first made a Sheriff of some County, and be afterwards Elected a Knight, Citizen, Burgess or Baron of and in some other Shire or County. And the reason of all is plain, in respect, that in all these latter Cases his Return cannot be made by himself, but by the Sheriff of the County where he is Chosen. This only holds good in the Case of Knight of the Shire.

The Bill for Explanation of such Statutes as touch Leases to be made by Archbishops and Bishops, was read the second time and rejected, after Mr. Boise had spoken to it as followeth.

To which only Mr. Boise stood up and said, that this Act would be prejudicial to the Bishop present and the Successor, to their Servants and to the Bishops own Farmers and Tenants; To the Bishop present, in the maintenance of his Estate which cometh only by continual Fines, which if they be taken away, then are they not able to maintain that Hospitality, and keep that retinue either belonging to their place or answerable to their living. For consider the Revenue of the greatest Bithoprick in England, it is but two thousand two hundred pounds, whereof he payeth for Annual Subsidies to the Queen five hundred pounds. And what damage we shall do both to him and his Successor herein, his Revenue being so beneficial to her Majesty, I refer to all your Judgments.

To the Successor it must needs be more hurtful; For when he first cometh in, he payeth First-Fruits, and yet is not allowed to make his benefit by Fines, which all Bishops Farmers are content to do, so that he is cast one whole Annual value behind hand, and perhaps hath no power neither to make Leases in twelve or sixteen Years. This, Mr. Speaker, will induce the Ministers of the Word not to seek Bishoprics, whereby we may bring the Clergy both to Poverty and Contempt, from which they have ever been carefully defended and provided for even by the most ancient Statutes and Laws of this Land now extant.

Hurtful it is to their Servants (for this may be every Mans Case) We know very many good Gentlemens Sons serve Bishops, and how can they reward their long and faithful Services, but only by means of granting over of these Fines or some other means out of their Spiritual Function? But this Act is good for the Courtier; but I may speak no more of that point.

Lastly, Mr. Speaker, myself am Farmer to a Bishop and I speak this as in my own Case (on my knowledge) to the House, that it is ordinary upon every Grant after four or five years, ever 〈◊〉 and take a new Lease, but I refer it to the consideration of the House to do their Pleasure 〈◊〉 Only this I can certify, That I have 〈◊◊〉 of the Bill the last Parliament exhibited to this purpose, which I having conferred together with the present Bill, do find them to be word for word all one. And the last was rejected. Whereupon this was also (as is before-mentioned) rejected.

Thus far out of the afore-mentioned private Journal, the residue of this days Passages that follows are transcribed out of the Original Journal-Book of the House of Commons itself.

The Bill that Plaintiffs in Writs of Error shall give good Bayl, was read the second time, and committed unto Mr. Carie, Mr. Tanfield and others, who were appointed to meet upon Monday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

The Bill against fraudulent Administration of Intestate’s Goods was upon the second reading committed unto the last former Committees in the Bill for Writs of Error, to meet at the same time and place.

The Bill against excessive and common Drunkenness was also read the second time and committed to the former Committees in the Bill for the Sabbath day, and to meet in the Temple-Hall this Afternoon.

The Bill touching the sowing of Hemp was read the second time, and upon the question for committing was upon the division of the House, with the advantage of fifty Voices Ordered to be committed, viz. with the Yea a hundred and three, and with the No a hundred forty two. And upon the question for the ingrossing, was Ordered not to be engrossed.

The Committees names for the Bill of Subsidy, (whose names see on Monday the second day of this instant November foregoing) as also the Committees names for penal Laws, (who were appointed on Tuesday the third day of this same Month foregoing) were this day delivered to M ^r Comptroller.

The Bill touching the Sabbath, and the Bill against Drunkenness, were delivered to M ^r Edward Montague one of the Committees.

On Thursday the 5 ^th day of November, Two Bills of no great moment had each of them one reading, of which the first concerning matters of Assurances used amongst Merchants was read the first time.

Sir Francis Hastings, one of the Committees in the Bill for the better keeping of the Sabbath day (whose names see on Yesterday immediately foregoing) shown the travel of the Committees, and brought in the Bill with some Amendments and a Proviso, and prayed the reading thereof, the Bill standing upon two parts, the latter part thereof not having been dealt in at all by the Committees.

The Amendments and Proviso in the Bill for the better keeping of the Sabbath day were twice read. And the Bill itself being read for the second reading was Ordered to be engrossed.

Two Bills also had each of them one reading; of which the second being the Bill for the suppressing of deceits in Weights and Measures was read the first time.

Upon a Motion made this day a Committee was appointed to consider of the Statute for relief of the Poor, and for continuance and Explanation of Statutes, &c. viz. Sir Robert Wroth, M ^r Philipps, Sir Edward Hobbie, Sir Francis Hastings, Sir George Moore and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.

The Bill for Resormation of Abuses in Alehouses and Tipling Houses was read the second time, and committed unto Sir Edward Stanhop, M ^r Wiseman, M ^r Johnson, Sir Robert Wroth, Sir Francis Darcy, M ^r Peake, M ^r Edward Philipps, the Burgesses of Newcastle and others; and the Bill was delivered to Sir Robert Wroth, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

Two Bills had each of them one reading; of which the second being the Bill against Blasphemous Swearing was read the first time.

Thus far out of the Original Journal-Book of the House of Commons itself; the residue of this days passages is transcribed out of the often above mentioned private Journal.

M ^r Bacon stood up to prefer a new Bill and said, M ^r Speaker, I am not of their mind that bring their Bills into this House obscurely, by delivery only to yourself or to the Clerk, delighting to have the Bill to be incerto author, as though they were either ashamed of their own work or afraid to father their own Children; But I, M ^r Speaker, have a Bill here, which I know I shall no sooner be ready to offer, but you will be ready to receive and approve. I liken this Bill to that sentence of the Poet who set this as a Paradox in the fore-front of his Book, first Water, then Gold, preferring necessity before pleasure. And I am of the same opinion, that things necessary in use are better than those things which are glorious in estimation. This M ^r Speaker, is no Bill of State nor of Novelty, like a stately Gallery for pleasure, but neither to dine in nor sleep in; But this Bill is a Bill of repose, of quiet, of profit, of true and just dealings; The Title whereof is, An Act for the better suppressing of abuses in Weights and Measures.

We have turned out divers Bills without disputation: And for a House of wisdom and gravity as this is, to bandy Bills like Balls, and to be silent as if nobody were of Council with the Common-wealth, is unfitting in my understanding for the State thereof. I will tell you M ^r Speaker, out of mine own Experience, that I have learned and observed, having had Causes of this nature referred to my Report; That this fault of using false Weights and Measures is grown so intolerable and common, that if you would build Churches, you shall not need for Battlements and Bells, other than false Weights of Lead and Brass. And because I would observe the advice given in the beginning of this Parliament that we should make no new Laws; I have only made this Bill a confirmation of the Statute of the 11 ^th of Hen. the 7 ^th with a few additions, to which I will speak at the passing of the Bill, and show the reasons of every particular Clause, the whole being a Revival of a former Statute: for I take it far better to scour a Stream, than to turn a Stream. And the first Clause is, that it is to extend to the principality of Wales, to constrain them to have the like Measures and Weights to us in England.

Also Mr. Secretary said there was a Schedule annexed to the Letter which had some matters of importance not fit to be read; Yet if it please the House to command it, they should. Whereupon all cried No No.

Sir Edward Hobbie answered, Methinks under favor, the motion Mr. Secretary made is good, but the form therein (I speak with all reverence) not fitting the State of this House. For he said, M ^r Speaker shall attend my Lord Keeper. Attend? It is well known that the Speaker of the House is the Mouth of the whole Realm; And that the whole State of the Commonalty of a Kingdom should attend one Person; I see no reason. I refer it to the consideration of the House: Only this proposition I hold, That our Speaker is to be commanded by none, neither to attend any, but the Queen only.

M ^r Johnson said, The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certify the Lord Keeper, and so to make a new Warrant.

Sir Edward Hobbie said, That for Election of Burgesles he had seen half a score yesterday with Sir John Puckerings hand, when he was Speaker.

M ^r Speaker said, I may inform you of the Order of the House, that a Warrant must go from the Speaker to the Clerk of the Crown, who is to inform the Lord Keeper, and then to make a new Writ.

M ^r Secretary Cecil said, I should be very sorry to detract from any particular Member of this House, much more from the general State; my meaning was mistaken and my words misconstrued, yet both in substance agreeing with M ^r Speaker.

Post Meridiem.

At the Committee held this Afternoon touching Returns and matters of privilege (who had been appointed on Saturday the 31. day of October foregoing) there were shown divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House, ought to be directed from the Speaker, which said Precedents were as followeth, viz.

In Anno 27. Reginae Eliz. Anno Domini 1584. 4 ^th Decembris, Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon, but he chose Chichester; And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon, which bare date the 10 ^th of December, six days after 27 Eliz.

Secondly, In Anno 27 ^o Regin. Eliz. Anno Domini 1584. 21 ^o Decembr. the Writ bearing Teste 19 February for the same matter, In which the style of the House is, Knights, Citizens, Burgesses and Barons, quod nota.

Thirdly, Anno praedicto Regin. ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Quecnborough in Kent was Attainted of Treason, A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19 ^th day of February aforesaid, in which Warrant under the Speakers own hand was inserted a reason to this effect, viz. because the said Parry is disabled by reason of his Attainder.

Fourthly, In An ^o xxvii ^o praedict. Regin. Eliz. Anno Dom. 1584. 30 Novembr. Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports, viz. Hieth, but he took Portsmouth and refused the other; whereupon a Warrant was directed as abovesaid, but no Teste of the Writ was there.

Fifthly, 28 ^th January 1584. Alexander Pine Esq chosen Burgess for Taunton being Deceased, a new Writ was made. The Writ bare Teste 30 ^th January.

Sixthly, 3 ^o Decembr. Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen, and chose Bedford, whereupon a Warrant was made to the Clerk of the Crown for a new Writ, which bare date the 4 ^th day of December Anno xxvii ^o Regin. Eliz. All which Warrants were signed by the Speaker John Puckering.

For the matter between Doctor Awbrey Doctor of the Civil Law, and Mr. William Delabarr Barrister of the Common Law of Lincolns Inn touching the Burgessship of Cardigan in Wales, the Cause stood thus.

Cardigan hath been by ancient Precedents ever since the first Year of Queen Elizabeth a Burgess Town, and ever the Return of the Indenture hath been for Cardigan only. Now this Parliament, the Sheriff of the Shire favoring a Town called Aberystwith, after he received the Parliament Writ, sent his Warrants to the Bailiffs of Aberystwith to choose a Burgess, &c. who chose a Burgess, viz. Doctor Awbrey, and returned him Burgess for Cardigan and Aberystwith, and shown in the Indenture the Election to be made by both Towns; And the Indenture was signed with the Sheriffs hand. On the other side the Bailiffs of Cardigan understanding the Writ to be come to the Sheriff, took notice thereof, and without Warrant from the Sheriff made an Indenture and Election of William Delabarr, and sent the same in a Letter to him. M ^r Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan, but not finding him, delivered the same to the Clerk of the Crown, paid his Fees, was sworn and admitted into the House till this present day. Now at this Committee for Privileges Dr. Awbrey came to complain; the Committees found upon Examination of the matter, that the County Court was as well kept at Aberystwith as at Cardigan, alternis vicibus, and that the County Court was to be kept this time at Aberystwith. So when they went to the Conference both Awbrey and Delabarr were desired to depart forth. And upon Consultation these Questions arose; First, Whether the House have Power to Fine the Sheriff, because according to the Statute, he sent not his Warrant to Cardigan; Next, If he be punishable by the Penalty of the Statute; Also if he have pursued his Authority in making his Election in Aberystwith. Which are left with divers other doubts to the discussing of the House the next day, and to the Report of Sir Edward Hobbie or Mr. Solicitor.

Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham (now Lord Chief Justice, being then Speaker.)

Sir Edward Hobbie at this Committee said, Awbrey and Delabarr, the one a Civil, the other a Common Lawyer; That he might say to them as the Duke of Milan said of the Thief, It is no matter, whether goes first, the Hangman or the Thief.

The Town of Harwich in Essex and Newtown in the County of Southampton have returned Burgesses this Parliament, which they never did before.

Thus far out of the aforesaid private Journal. The ensuing days Passages do follow out of the Original Book itself.

On Friday the 6 ^th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill to avoid divers misdemeanors in base and idle Persons, was read the first time.

Mr. Dr. James being a Committee in the Bill against Drunkenness, which was committed on Wednesday the 4 ^th day of this instant November foregoing, declared the meeting and travel of the Committees and their framing of a new Bill to that purpose, and so delivered in both the old and the new Bill.

Three Bills also had each of them one reading; of which the last being the Bill for the better keeping of the Sabbath day was read the third time and Ordered to be refer'd to the former Committees (whose names see on Wednesday the 4 ^th day of this instant November foregoing) for the framing of a new Bill; And Sir Robert Wroth, Mr. Solicitor, Mr. Wingfield, Mr. Glascock, Mr. Henshaw, Mr. Johnson and Sir William Wray were added to the said former Committees, to meet this day in the Afternoon at two of the Clock in the Exchequer Chamber.

Two Bills lastly of no great moment had each of them one reading; of which the first being the Bill against false Returns, and not returning Writs by Warrant by Sheriffs and Bailiffs, was read the third time and dashed upon the question.

On Saturday the 7 ^th day of November, the Bill that the Lord Marquess of Winchester may dispose of his Lands whereof he is Tenant in Tail as other Tenants in Tail by the Laws and Statutes of the Realm may do, a private Statute made 27 Henr. 8. to the contrary notwithstanding, and for Confirmation of a Partition heretofore had before the late Lord Marquess of Winchester Deceased, and the now Lord Mountjoy, by Virtue of a Statute made in the last Parliament, was read the first time.

The Bill for the better setting of Watches was read the second time and committed unto Sir George Moore, Sir Robert Wroth, the Knights and Citizens for London and Westminster, M ^r Wiseman and others, who were appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

The Committees for Returns and Privileges (whose names see on Saturday the 31 ^th of October foregoing) were appointed to meet upon Wednesday next.

The Bill to avoid divers misdemeanors in base and idle persons was upon the second reading committed unto the last former Committee in the Bill for setting of Watches, and M ^r Johnson was added unto them; And the Bill was delivered unto Sir Robert Wroth one of the same Committee, and M ^r Serjeant Harris to be exempted out of the Committee, because he spake against the body of the Bill, according to the ancient Order in Parliament.

The Bill against Drunkards and Common Haunters of Alehouses and Taverns was read the second time and committed to the former Committees for the Sabbath (whose names see before on Wednesday the 4 ^th day of this instant November foregoing) and to the Committees for Drunkenness (who were appointed on the said 4 ^th day of November ) And there were added unto them M ^r Francis Darcy and M ^r Francis Moore, who were appointed to meet upon Friday next at two of the Clock in the Afternoon at the Middle-Temple Hall.

The Bill for suppressing of deceits used in Weights and Measures was read the second time, and upon the question for ingrossing, dashed.

Upon a Motion made by Sir Edward Hobbie a Member of this House, that where one ..... Woodall, Servant and Attendant upon William Coke Esq returned into this present Parliament one of the Burgesses for Westminster, was Yesterday Arrested at the Suit of one Robinson Citizen of London, upon a Bill of Middlesex, and committed into Newgate, London, to the great indignity and contempt of the Privileges and Liberties of this House, That the Serjeant of this House should be presently sent into Newgate to bring the said Woodall now Prisoner there unto this House this present Forenoon, sitting the Court. And after some short space of time he was accordingly brought into this House from Newgate; and being at the Bar with his Keeper attending upon him, he was by Order of this House discharged from his said Keeper and from his said Imprisonment, and delivered unto his said Master, to bring him again upon Monday next unto this House; with further Order unto the Serjeant, to bring or cause the said Robinson to come into this House upon Monday next to Answer the said contempt, and to abide the further Order and resolution of this House therein accordingly.

Upon a Motion made by Sir Francis Hastings a Member of this House, complaining of some abuse offered unto him and sundry other the Members of this House Yesterday, by the lewd misdemeanors of Pages and other unruly persons upon the outer stairs in the passage into this House, shown, that he then seeing the said disorders, thought it fit to lay hold of one of that disordered Company, such a one as he could, and so apprehended one Rowland Kendall as an Agent in these misdemeanors, who being brought unto M ^r Speaker, was committed Prisoner to the Serjeant of this House: And in the end moved, that he may be remitted upon his humble Submission unto this House, and with that punishment which he hath already sustained since Yesterday by Imprisonment (if this House shall so think meet) the rather because he cannot directly charge him in the particular, but that he was amongst the said disordered Company. Whereupon the said Kendall was brought to the Bar by the Serjeant, and was after his humble Submission, sequestered until the House should further resolve therein. And then afterwards being brought again to the Bar, upon his humble Submission as aforesaid, was discharged, after Admonition given unto him (for his behavior hereafter) by M ^r Speaker at large.

Thus far out of the Original Journal-Book of the House of Commons touching this Forenoons Passages; Those of the Afternoon are transcribed out of the often mentioned private Journal.

Post Meridiem.

In the Afternoon the same day at the Committee in the House touching the Subsidy,

Sir Walter Raleigh moved the House to consider to what intent they came together, and now in their coming what was to be considered. For the Subsidy and the manner and quality thereof I will now only intimate thus much unto you, That the last Parliament, only three Subsidies were granted, upon fear that the Spaniards were coming; but we see now they are come, and have set foot even in the Queens Territories already, and therefore are the more of us to be respected and regarded. And seeing the sale of her Highness's own Jewels, the great Loans the Subjects have lent her, yet unpaid, the continual selling of her Lands and decaying of her Revenues, the sparing ever out of her own purse and apparel for our sakes will not serve, but yet she must be fain to call her Court of Parliament for our advice and aid in this Case, I wish for my own part (as a particular Member of this Common-Wealth) that we may not do less than we did before; And that we also would bountifully according to our Estates, contribute to the necessity of her Majesty, as now it standeth.

M ^r Wiseman after a discreet and judicious Speech made touching God's protecting us for Religion sake or peace and quietness, the safety of her Majesty's person, the great victories we have had, the greatness of Neighbouring Princes raised only by her Majesty, so that she hath spent, as it was said by Sir Walter Raleigh, so much, that now she is fain to desire the help of her subjects; Let us therefore draw to some head and leave our Orations and Speeches fitter for a Parliament than for a Committee. We are to consider only what is fit to be given; And as for my part as a poor Member and one of the meanest in this House, I will be bold to deliver mine opinion first, because some must break the Ice. Three pound Land and under to pay two shillings eight pence in the pound, and five pound goods and under to pay one shilling eight pence in the pound, and double Tenths and Fifteenths as soon as may be. Although I may seem over bold, being but a Rural and Countryman, to speak even out of my Element in this Case; Yet I do heartily crave pardon of all, beseeching that neither my unaptness or disorder of Speech, nor the unworthiness of my Person may prejudice the Cause.

Sir Robert Wroth, that four pound Land full Subsidy, and six pound goods full Subsidy might be paid to her Majesty.

Sir Francis Hastings moved, that three pound men might be exempted, and all others above that rate to pay according to the rate to make up a full Subsidy.

M ^r Philipps moved, that the four pound men might be exempted, and four Subsidies received from the Rich, which should be termed a Contribution, because it might make no innovation.

Sir Walter Raleigh said, If all pay alike, none will be agreived; if any be exempted, doubtless it will breed much grief, and the feeling will be great to those three pound men that will feel anything, but it will be nothing to them that know anything.

Sir Edward Hobbie said, We cannot hear you speak out, you should speak standing that so the House might the better hear you. So Sir Walter Raleigh said that being a Committee, he might speak either sitting or standing, and so repeated over again the former Speech.

M ^r Secretary Cecil said, Because it is an Argument of more Reverence, I chose to speak standing. As long as the Queen by the advice of her Council did find means to spare you, so long she ever desired that her Subjects might not be charged: But if her Majesty as soon as the last Subsidy had been spent, should have again resorted unto you, I do assure you this Parliament had been called in October last. Now if upon providence and foresight, you did contribute unto her Majesty; much more should we now do the same, seeing a resolute Company of Soldiers have intrenched themselves in her Majesty's Kingdom of Ireland, and more Supplies thither are daily expected. It is time to open our Coffers, that we may obviate in the beginning these few Forces of the Spaniards, lest growing to greater Forces we cannot expel them with less than five hundred thousand pound, which we may now do with one hundred thousand in present. If there be any that sits next the Door that desires to sit next the Chair to give his opinion, I will not only give him my place, but thank him to take my charge.

This was conceived to be Sir Edward Hobbie, who coming to sit near the Chair and not giving him place, sat next the Door.

We that sit here, for my part, take your favors out of courtesy, not out of duty; but to the purpose. The Queen hath occasion to use, as divers in this House do know, three hundred thousand pound before Easter, how this shall be raised and gathered, that's the question; for without this proportion of charge, neither the Spaniards in Ireland can be repel'd, and the Wars there maintained, neither her Majesty's other affairs be set on foot, neither provision sufficient can be set on foot or made from defense of Foreign Invasions. Admit with a less charge we should now expel him, will any man be so simple to think he will give over the enterprise being of so great consequence, and grow desperate? I should think him but a man of shallow understanding and less policy. Surely if we had been of that mind when he had that great overthrow of his invincible Navy in eighty eight, we had been destinated to perdition. For how many changeable enterprises of puissant and great consequence hath he since made? The like, if his Forces in Ireland should now fail, would he do again. And therefore that provision we now make, if he should be expel'd with a less matter, would serve to make defense against his next Invasion of that Kingdom, as also enrich her Majesty to be ready to furnish her Navy and Forces the speedier for her safety. Besides, if he bestow such Masses of Treasure for the gaining of one poor Town, Ostend, what will he do to gain so strong and famous a Kingdom as Ireland? I will by the leave of a worthy person who sits by me, and knows these things better than I do, yield a particular account unto you of the state itself. First, the last whole Subsidy after the rate of four pound Lands and eight groats Goods, came not to above fourscore thousand pounds; the Subsidy of the Clergy twenty thousand pound, the double Fifteenths threescore thousand pounds; All which is eightscore thousand pounds. Since my Lord of Essex's going into Ireland, she hath spent three hundred thousand pound. So the Queen is behind one hundred and forty thousand pound. Thus we refer the matter to your judicious consideration: We only show you the present state of the Queen and her affairs, wishing no man to look that we should give advice what is to be done, as though you yourselves who are the wisdom of the Land, could neither direct yourselves, nor upon these reasons alleged judge of the necessity of the State.

M ^r Comptroller, Sir John Fortescue and Secretary Herbert spake all to the like effect; only Sir John Fortescue added this, that what pleased the House in the name of the Subsidy to bestow the same, Her Majesty did and would ever employ to their uses; so that dying, it might be written on her Tomb, Quod occupatus vixit, so that she dying liveth still employing all to the safety of her Subjects. And I beseech you remember, that the Great Turk when he Conquered Constantinople found therein three hundred Millions of Gold; If they, quoth he, had bestowed three Millions in defense of their City, he could never have gotten it. From this Blindness I pray God defend us, that we may not be backward to give four Subsidies to her Majesty, for want whereof in time we may happen to lose that which will not be recovered or defended with a hundred.

So after a few other Conferences and Speeches pro & con, it was concluded, that the House should be certified of the proceeding on Monday, and by general consent the three pound men to be included. And so the House about six of the Clock it being dark Night, rose confusedly, and would sit no longer. Vide concerning this matter on Saturday the 5 ^th of December postea.

Note, That M ^r Maynard by consent of the whole House sat in the Chair as Clerk to register the Order of this Committee, who wrote at the least two Sheets of Paper. By consent also he was licensed to put on his Hat.

Thus far out of the aforesaid private Journal; we now return to the Original Journal-Book itself.

On Monday the 9 ^th day of November, the Bill for the strengthening of the Grants made for the maintenance and Government of the House of the Poor called S ^t Bartholomews Hospital of the Foundation of King Henry the Eighth, according to a Covenant made by the said King, was read the first time.

Two Bills also had each of them their first reading; of which the second was the Bill for the benefit of Merchants and advancement of her Majesty's Customs and Subsidies both Inward and Outward.

The Bill for Reformation of certain Abuses concerning Process and Pleadings in the Court of Exchequer upon supposals without just grounds in the Office of the Treasurers Remembrancer, was read the second time and committed unto all the Privy-Council being Members of this House, The Queens Learned Council Members also of this House, Sir Robert Wroth, Sir Edward Hobbie, M ^r Philipps and others, who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock; and the Bill and Committees names was delivered unto M ^r Chancellor of the Exchequer one of the Committees.

The Committees for continuance of Statutes, (who were appointed on Thursday the 5 ^th day of this instant November foregoing) were defer'd until Thursday next in the Afternoon.

Thus far of this days Passages out of the Original Journal-Book of the House of Commons; what follows is out of the private Journal.

Heyward 〈◊〉 Esq did this day prefer a Bill against the multitude of Common Solicitors, and at the same time spake as followeth. May it please you, M ^r Speaker, It was well said by a Worthy Member of this House M ^r Francis Bacon, that every man is bound to help the Common-Wealth the best he may; much more is every man in his particular bound, being a Member of this House, if he knew any dangerous Enormity towards the Common-Wealth, not only to open it, but if it may be, oppose it. We being all here within these Walls together may be likened to a Jury close shut up in a Chamber; every man there upon his Oath, and every man here upon his Conscience, being the Grand Jurymen of the Land, bound to deal both truly and plainly. Herewith (though a most unworthy and least sufficient Member of this House) myself being touched, I had rather adventure my Credit by speaking though confusedly, than to stretch my Conscience (knowing so great a mischief and inconvenience unto this Kingdom) by silence in so pleasing a Cause as I do persuade myself this Bill will be to every man that hears it. To which M ^r Speaker, because I may have benefit of Speech if occasion serve, at the second reading thereof, I will not speak more at this present, but only touching the very Tract of the Bill itself. The Honorable Personage, that in the Upper House in the beginning of this Parliament, spake against the lewd abuses of prolling Solicitors and their great multitude, who set dissension betwixt man and man, like a Snake cut in pieces crawl together to join themselves again to stir up evil Spirits of Dissension; He I say advised us, That a Law might be made to repress them; I have observed that no man in this Parliament ever offered to prefer any such Bill to this House, but sure I am no man spake to this purpose. I have therefore M ^r Speaker, presumed out of my young Experience, because I know part of their abuses, and with that small Portion of Learning that I have, to draw a Bill, and here it is. The title is thus: An Act to repress the multitude of Common Solicitors. The body of the Act disableth all persons to solicit any Cause other than their own. There are excepted and fore-prized four several sorts, Lawyers and Attorneys in their own Courts; where they be sworn Servants in Livery, and Kinsmen within the fourth degree of Consanguinity. And no man within this Kingdom but may find a fitting and convenient Solicitor within these four Degrees. And I humbly pray, it being so short, that the Bill may be read and received.

M ^r Secretary Cecil spake touching the Subsidy as followeth, viz.

When it was the good pleasure of this House to give Order to the Committees to consider the 〈1 page duplicate〉 〈1 page duplicate〉 common danger of the Realm, in which not only every Member of this House but every man in the Kingdom is interested, it liked the Committees after their resolution to choose one among all to give account of their proceedings, and that is myself. I do know it were the safest way for a man's memory to deliver the last resolution without any precedent Argument; for rare is the Assembly in which there is not some variety of opinions. I need not recite the form, the Committee by reason of so good attendance being little inferior to our Assembly at this present. Yet if it be true that forma doth dare Essentiam, it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances, rather than hazard the interpretation of such a resolution.

The day was Saturday last, the place this House, the time about four hours; and I am of opinion, if we had all agreed upon the manner, as we did speedily upon the matter, all had been dispatched in an hour. It seemed by the ready consent of the Committees that they came not to look on one another, or like Sheep one to accompany another; but the matter was well declared by some, and at length consented unto by all. Our contention bred difference, and difference cause of Argument, both how to ease the State, and make this Subsidy less burdensome which shall be received. Some were of opinion that the three pound men should be spared, because it was to be considered they had but small Portions. Others were of opinion that the four pound men should give double, and the rest upwards should be higher Sessed. Others were of other Opinions. Again it was moved, whether this Subsidy should go in the name of a Benevolence or Contribution, or whether in the name of a fourth Subsidy; but at length most Voices resolved it should have the old name of a Subsidy, because Subsidium and Auxilium are all one. The most Voices concluded that there should be no exception of the three pound men, because according to their rate some were Sessed under value; besides, separation might breed emulation, suspicion of partiality and confusion. The time was resolved upon. And in respect of expedition, to be by the first of February. And the whole Realm when each man comes into his Country will be better satisfied when they shall know they have spared no man, nor made any disjunction. It was said by a Member of the House, that he knew some poor people pawn'd their Pots and Pans to pay the Subsidy. It may be you dwell where you see and hear; I dwell where I hear and believe. And this I know that neither Pot nor Pan, nor Dish nor Spoon, should be spared when danger is at our Elbows. But he that spake this, in my Conscience spake it not to hinder the Subsidy, or the greatness of the Gift, but to show the Poverty of some Sessed, and by sparing them to yield them relief. But by no means I would have the three pound men exempted, because I do wish the King of Spain might know how willing we are to sell all in defense of God's Religion, our Prince and Country.

I have read when Hannibal resolved to sack Rome, he dwelt in the Cities adjoining, and never feared or doubted of his Enterprize, till word was brought him that the Maidens, Ladies and Women of Rome sold their Ear Rings, Jewels and all their necessaries to maintain War against him. I do take myself in duty bound to acquaint this House with the modesty of the Committee at the Proposition; that where first this House never stuck to commit it, they never stuck (understanding the reasons) to grant it. I do persuade myself, that the bonus genius of this House did not wish a more resolved unity, than we had unity in resolution. And of this great Committee it may be said, de majoribus Principes consultant, de minoribus omnes. Thus by your Commandments have I undergone this Charge, and will be ready to do the like duty whensoever you command me.

Then after Consultation had of the great occasions, it was put to the Question, whether the double Tenths and Fifteenths should be paid by the first day of February, viz. for this fourth Subsidy before the third begin; and that the first payment of the first three Subsidies should be brought in by the 10 ^th of June, viz. half a Subsidy; And all said Yea, and not one No.

Then was a Motion made by Sir Robert Wroth, that this new Subsidy might be drawn in a Bill by itself, to which should be annexed a Preamble of the great necessities, the willingness of the Subject, and that it might be no Precedent; but that would not be yielded unto.

Then M ^r Speaker asked the House if they would appoint Committees, so they appointed the Queens Council and all the Serjeants of the House and no more.

M ^r Francis Moore moved that, that which was done might be completely done, and the Subsidy gathered by Commission and not by the old Roll; for peradventure some were dead, others fallen to Poverty, others Richer, and so deserved to be inhansed, &c. And withal he said, that the granting of this Subsidy seemed to be the Alpha and Omega of this Parliament.

M ^r Wingfield moved the Honorable of the Council, Members of this House, That seeing the Subsidy was granted, and they yet had done nothing, it would please her Majesty not to dissolve the Parliament till some Acts were passed.

Serjeant Harris said, The Motion of the Gentleman that last spake, is not now to be discussed; we are to speak touching the Subsidy.

M ^r Francis Bacon after a Repetition of some of what was done Yesterday, that the three pound men might not be excluded, he concluded, that it was Dulcis tractus pari jugo, therefore the Poor as well as the Rich not to be exempted.

Sir Walter Raleigh said, I like not that the Spaniards our Enemies should know of our selling our Pots and Pans to pay Subsidies; well may you call it Policy, as an Honorable Person alleged; but I am sure it argues Poverty in the State. And for the Motion that was last made of Dulcis tractus pari Jugo, Call you this par jugum, when a poor man pays as much as a rich, and peradventure his Estate is no better than he is set at, or but little better; when our Estates that be thirty pound or forty pound in the Queens Books, are not the hundred part of our Wealth? Therefore it is not Dulcis nor pari.

M ^r Secretary Cecil, That now seeing one of the weightiest matters and causes of Calling this Parliament was agreed upon, he doubted not but we should have both a quick Parliament and speedy payment. But for that the Gentleman said on my right hand, that the Subsidy was the Alpha and Omega of this Parliament, I think he spoke it not simply out of humor, but rather upon probability; for I can assure you her Majesty is as respective over you touching her Laws, which she desireth may be perused and amended, that she meaneth not to Dissolve this Parliament till some things be amended. For that, that I said touching the Spaniards knowing of our sale of our Pots and Pans and all we have to keep him out, which should be a matter of Policy, to which the Gentleman on my left hand (Sir Walter Raleigh ) took Exceptions, I say it is true, and yet I am mistaken: I say it is good the Spaniards should know how willing we are to sell our Pots and Pans and all we have to keep him out; Yet I do not say, it is good he should know we do sell them: that is, I would have him know our willingness to sell (though there be no need) but not of out Poverty in selling, or of any necessity we have to sell them, which I think none will do, neither shall need to do. Then all the House cried No, No, as much as to say, no man did so.

Sir Arthur Gorge moved, that it would please the Council that Order might be taken that Justices of the Peace might be Sessed according to the Statute, viz. at twenty pound Lands, whereas there be few Justices that be above eight or ten pound by M ^r Secretary noted in his Table Book.

Then Serjeant Heyle stood up and made a Motion, saying: M ^r Speaker, I marvel much that the House will stand upon granting of a Subsidy, or the time of payment, when all we have is her Majesty's; and she may lawfully at her Pleasure take it from us; Yea she hath as much right to all our Lands and Goods as to any Revenue of her Crown. At which all the House hemm'd, and laughed and talked. Well quoth Serjeant Heyle, all your Hemming shall not put me out of Countenance. So M ^r Speaker stood up and said, It is a great disorder that this should be used; for it is the ancient use of every man to be silent when any one speaketh; and he that is speaking should be suffered to deliver his Mind without interruption. So the said Serjeant proceeded, and when he had spoken a little while, the House hemm'd again, and so he sat down. In his latter Speech he said, he could prove his former Position by Precedent in the times of Henry the Third, King John, King Stephen, &c. which was the occasion of their Hemming.

M ^r Monntague of the Middle-Temple said, that there were no such Precedents; and if all Preambles of Subsidies were looked upon, he should find it were of Free Gift. And although her Majesty requireth this at our hands, yet it is in us to give, not in her to exact of Duty. And for the Precedents there be none such, but touching a tenth Fleece of Wooll, and a tenth Sheaf of Corn that was granted to Edward the Third at his going to the Conquest of France, because all the Money then in the Land to be levied by way of Subsidy, would not be any way answerable to raise that great Mass he desired. And so having these Tenths he sold them to private men to gain that Subsidy, and so raised Money to himself for his Enterprize.

Thus far out of the said private Journal; the residue of this days Passages that follow, and those also of the day ensuing are transcribed out of the Original Journal-Book itself of the same House.

The Queens Learned Council and all the Serjeants at Law being Members of the House (after the foregoing long dispute touching the Subsidy and the conclusion thereof) are appointed by the House to draw into the form of a Bill the Articles agreed upon by the Committees for the Subsidy; and also the days of payment agreed upon by the said House this present day; and Ordered to meet at their Pleasures as often as they shall think sit from day today and from time to time. Vide plus de ista materia December 5. Saturday postea.

On Tuesday the 10 ^th day of November, Five Bills had each of them one reading; of which the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings, Sir Robert Wroth, Sir George Moor, Sir Thomas Leighton and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon.

The Bill for uniting and consolidation of certain small Churches in the City of Exeter was read the second time and committed unto Sir Walter Raleigh, Sir Francis Darcie, M ^r Solicitor, M ^r Serjeant Heyle, M ^r Secretary Harris, all the Doctors of the Civil Law and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall.

Robinson Citizen of London was brought to the Bar by the Serjeant and charged by M ^r Speaker in the name of this House with his offense in procuring to be Arrested one Wooddall Servant Attendant upon William Cook Esq a Member of this House, to the great contempt, indignity and prejudice of this whole House. And the Members thereof: being asked what he could say for himself for his defense, answered, that he was heartily sorry for that he had given any cause of offense unto this House, most humbly craving Pardon for the same; And most confidently protested and affirmed, that he knew not, nor ever heard before the said Arrest made, that the said Wooddall was Servant or belonging to any Member of this House, but had delivered the Warrant by which he was Arrested, unto the Officer long before the Parliament began. Whereupon after some Speeches had therein he was by the Order of this House discharged, paying his Fees to the Serjeant and Clerk.

Two Bills also had each of them one reading; of which the second being the Bill for the benefit of Merchants and advancement of her Majesty's Customs and Subsidies both Inwards and Outwards, was upon the second reading committed unto all the Privy-Council and Learned Council being Members of this House, the Knights and Citizens of London, Sir Walter Raleigh and others; And the Bill was delivered to M ^r Secretary Herbert, who with the rest was appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon, and all her Majesty's Customers and Officers appertaining to the Custom-House, and other Merchants to have warning to be then and there present to attend the Committees.

On Wednesday the 9 ^th day of November, M ^r Snigg made Report of the meeting of the Committees and of their travel in two Bills, viz. That the Plaintiff in Writs of Error shall give good Bail, brought in with some Amendments and Alterations; and the other against fraudulent Administration of Intestate’s goods, without any Amendments. And so delivereth them in and prayeth the reading.

The Amendments in the Bill that the Plaintiffs in Writs of Error shall give good Bail were twice read. And also the Bill against Intestate’s Goods were Ordered to be engrossed.

Three Bills had each of them one reading; of which the last being the Bill for the Inhabitants of Rachdale in the County of Lancaster, was read the second time and committed unto M ^r Francis Moore, M ^r Holcroft, the Knights for Lancaster, M ^r Hancock, M ^r Beeston and others, who were appointed to meet upon Wednesday next in the Middle Temple Hall at two of the Clock in the Afternoon.

Three Bills had each of them one reading; of which the last being the Bill for abbreviation of Michaelmas Term was read the second time; and upon the question whether it should be committed or no, the Knights and Citizens of London were against it. And therefore upon the nominating of the Committees it was doubted and questioned whether they could be admitted into the said Committee or no. Which dispute because it is omitted in the Original Journal-Book of the House of Commons, is therefore supplied out of that often before-cited private Journal of the same House.

Sir Edward Hobbie spake first and said, that it was against the Order of the House to admit the Knights and Citizens of London to be of the Committee, because they had given their Voice already against the body of the Bill.

M ^r Secretary Cecil said, I am willing to speak in two respects; the one touching the Bill itself, the other touching the Controversy in the House about the Commitment. Touching the Bill, I dare not upon my own Judgment be so venturous or bold to reject this Bill, unless first it might have a Commitment. For the wisdom of that time when it was first instituted was so apt to look into imperfections, that doubtless if an inconvenience had been but espied, they would straight have avoided it. Therefore in my opinion it is not fit for us to look into the Actions of former Ages, but upon mature and advised deliberation. I do therefore greatly commend the Wisdom of this House in Committing this Bill and others of the like nature, before we reject them. For the other part, though it be a Rule in the House that those against the Bill should be no Committees, yet in a case of so great consequence and so greatly touching the State of the City of London, there is no reason but that they may have their particular Voices as Committees as well as every Member of this House; neither have we reason to exclude them more than any other, especially they being chosen for the most principal City of this Kingdom, which is the Chamber of her Majesty, whom we should the rather respect for her Majesty's sake, who doth and will remember their Loyalty and Faithfulness shown unto her in the late dangerous Action ( viz. the Earl of Essex's rising) for which if ever Prince had Cause of thankfulness unto her Subjects, doubtless her Majesty is to confess as much. In my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in Trust, if in a matter of this consequence, and so particularly touching the State of this City, we should not admit them Committees.

M ^r Wiseman said, that by committing of a Bill the House allowed of the body thereof though they disallowed of some imperfections in the same, and therefore committed it to some chosen men of Trust to reform or amend anything therein which they found imperfect. And it is to be presumed that he that will give his No to the Committing of a Bill, will be wholly against the Bill. And therefore the House allowing of this Bill to be committed, are (in my opinion) to disallow any that will be against the body of the Bill for being Committees.

M ^r Comptroller said, he was of opinion, for the reason before alleged, that they ought to be Committees, but he moved another question, Whether a Committee speaking against the Bill at the Commitment, may also speak at the ingrossing thereof in the House, and have his free Voice.

Sir Edward Hobbie said, that may be resolved upon by many Precedents. And for mine own opinion, I think that he that is against the body of the Bill can be no Committee; And he that being a Committee speaketh against the Bill, may also speak hereafter in the House.

Mr. Fulk Grcvil said, That a Committee was an artificial body framed out of us who are the general body; And therefore that which is spoken at the Committees, evanescit, it is gone, when the body which is the Commitment is dissolved; and then every particular Committee is no more a part of the artificial body but of us the general body, when he hath his free voice as though he had never spoken before.

Then Mr. Speaker stood up and said, I will propound two questions; The first, if when a man hath spoken against the body of the Bill, he may be a Committee; The second, whether any Member of this house after having been a Committee in any Bill, may afterwards speak in the Negative part against the said Bill. Now, quoth he, I will propound the first question: All they that will have a Man that hath been against the body of the Bill to be a Committee, let them show their opinions by saying Yea; and not one said Yea. All they that will not, say No; All said No. So he did for the second question, and not one said No, but all Yea. Which said Order and resolution was appointed by the House to be entered for a future Precedent accordingly.

Then he put it to the question, whether they of London notwithstanding this Order, in respect this Commitment greatly concerneth the State of the City, should be Committees. And the Yeas were greater than the Noes. And thereupon the said Knights and Citizens for London were nominated with the other Committees, whose names are now here in the next place inserted out of the Original Journal-Book of the same House in manner and form following.

All the Privy Council and all the Queens Learned Council being Members of the House, All the Serjeants at Law being of this House, Sir George Moore, Sir Thomas Conisbie, Sir Charles Cavendish, Sir Michael Sands, Sir Edward Hobbie, Sir William Wray, the Knights for the Twelve Shires of Wales, the Knights for Cornwall and Devonshire, the Burgesses for the Borough Towns beyond Trent, the Burgesses for Lancaster, M ^r Wingfield, M ^r Thynne, M ^r Fulke Grevill, Sir John Egerton, Sir Francis Hastings, M ^r Carew, M ^r Francis Moore, M ^r Maynard, M ^r Varney, M ^r Swain, Sir Robert Wroth, Sir Jerome Bows, Sir Molle Finch, Sir Francis Darcy, the Knights and Citizens for London, M ^r Barrington, M ^r Hancock, M ^r Tate and M ^r Thomas Jones. And the Bill and Committees names were delivered to M ^r Fulk Grevill, who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

On Thursday the 12 ^th day of November, Five Bills of no great moment had each of them one reading; of which the last being the Bill to avoid trifling and frivolous Suits in Law, was read the second time and committed unto M ^r Lashbrooke, M ^r Hubbard and others, who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.

The Bill against Common Solicitors, &c. was read the second time and committed to the last former Committees, who were appointed to meet at the same time and place.

The Bill against fraudulent Administration of Intestate’s goods, and the Bill for avoiding of unnecessary delays of Execution upon Judgments, were each of them read the third time and passed upon the question, and were sent up to the Lord's by Mr. Comptroller, Mr. Secretary Herbert and others.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for Denization of certain persons born beyond the Seas was read the second time and Ordered to be engrossed.

John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House, with contempt committed by him against the Liberties and Privileges of this House in Arresting of one ..... Wooddall servant unto William Cook a Member of this House; who answered, that he knew not, that the said Wooddall did belong unto the said Mr. Cook or unto any other Member of this House: and was by the Order of this House committed to the Serjeant's Custody until to Morrow, at which time the House hath appointed to take further Order therein.

The Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents from her Highness to others, was read the second time and committed unto all the Queens Privy Council being of this House, Mr. Francis Moore, Mr. Tanfield and others; And the Bill and Committees names were delivered to Mr. Secretary Herbert, who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bills formerly appointed to have been sitten upon in Committee upon Saturday next, are deferred until Monday in the Afternoon.

On Friday the 13 ^th day of November the Bill for the restraining of Butchers in and about the City of London from selling, and covetous Engrossers from buying of Fells and Sheep-Skins, &c. had its first reading.

Two Bills had each of them one reading; of which the second being the Bill or Petition of Cloth-workers had its first reading.

Mr. Johnson made Report of the meeting and Travel of the Committees in the Bill for punishment of idle and base persons, with certain Amendments.

The Bills and Committees names touching trifling Suits and against common Solicitors were delivered to Mr. Boyce.

The Amendments in the Bill for punishment of Offences in base and idle Persons were twice read, and with the Bill Ordered to be engrossed.

Two Bills also had each of them one reading; of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time, and Committed unto all the Privy Council being Members of this House, all the Doctors of the Civil Law likewise of this House, Sir Walter Raleigh and others, who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon.

John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his offense, &c. was asked what he could answer for himself. Upon his humble submission made, earnest protestations of not knowing the said Wooddal to pertain to any Member of this House, and being Sequestred until the House had considered of the same, he was again brought to the Bar and by Order of the House discharged paying his Fees. Vide concerning this matter on Yesterday immediately foregoing.

Thus far out of the Original Journal-Book of the House of Commons; the residue of this days Passages are inserted out of the private Journal.

M ^r Hugh Beeston stood up in the lower end of the House and said, M ^r Speaker, We that be here cannot hear you that be above, I would it would please them that speak there to speak louder. Also I am to certify you, that I am here for a Town, but not for mine own Country of Denbighshire or for any part thereof; but if I should not speak somewhat for my Country, I dare never go thither again. Therefore I heartily beseech you, M ^r Speaker, That the House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess, for they cannot but find themselves grieved for want of the Election. But what is done I know not.

M ^r Secretary Cecil said, Because I was the Reporter of the stay of the Election, as also of the proceeding. I will now also certify you, that there was Order taken for the sending out of a Warrant for the Election; but what is done therein, I know not.

M ^r Speaker said, I gave Warrant to the Clerk of the Crown according to the ancient form to send out a new Writ, who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof, so that nothing is done therein.

Sir Edward Hobbic said, There is no Court that doth not observe his Rites and follow his Privileges, much more this High Court of Parliament being the greatest, and Commander of all other Courts, doth and ought to observe the same most strictly; And all the Precedents which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other. And therefore I take it, that course ought inviolably to be observed.

Sir George Moore said, I agree with the Gentleman that last spake, that Precedents ought to be observed; but yet not altogether, upon urgent occasion or by necessity of time: knowing this, I take it my duty to inform you, if any alteration have been, it proceeded from the imperfection of a Speaker. It was well observed by an ancient Member of this House, that no Conserence with the Lord's touching a Subsidy should be had: Yet that Rule hath been altered in late Parliaments by reason of special Causes. So do I think it would be more Honorable to this House to direct our Warrant to the Lord Keeper, than to any inferior Minister in the Chancery.

Sir Francis Hastings said, By the leave of your Honorable Favors, I will show you that I myself was Yesterday with the Lord Keeper, and how Honourably I heard him speak of this House; that he desired nothing more than to show the duty and love he beareth us, as also himself would be our immediate Officer, and would be willing and glad to receive a Warrant from us, so it might be directed to him for his discharge, be it in what terms soever we pleased. And he said, he doubted not, but if this Honorable House knew so much, they would rather choose him than any other for their Minister. Thus much I thought good to certify this House of, which being spoken in private unto me, I now deliver in public unto you for my own advice. I think nothing can be more Honorable unto this House, than to have a Person of so great Estate, to whom we may direct our Warrant as to our Minister.

M ^r Francis Bacon said, It is far more Honorable for this House in my opinion, when our Warrant shall move the principal Member of Justice, than when it shall command a base petty or inferior Servant to the Clerk of the Crown, or the Clerk of the petty Bag. It will be said, that our Warrant Emanavit improvide, when we shall direct our Warrants to these base Officers, when we may move the Great Seal of England by it, even as soon as either petty Bag or petty Officer.

M ^r Speaker said, I was and ever am Zealous and Jealous of the Privileges and Orders of this House. I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess; I found a resolution, that during the time of the sitting of this House, the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown: so that in my doing thereof I hope I have done rightly.