The journals of all the Parliaments during the reign of Queen Elizabeth both of the House of Lords and House of Commons / collected by Sir Simonds D'Ewes ... Knight and Baronet ; revised and published by Paul Bowes ..., Esq.

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Title
The journals of all the Parliaments during the reign of Queen Elizabeth both of the House of Lords and House of Commons / collected by Sir Simonds D'Ewes ... Knight and Baronet ; revised and published by Paul Bowes ..., Esq.
Author
D'Ewes, Simonds, Sir, 1602-1650.
Publication
London :: Printed for John Starkey ...,
1682.
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Subject terms
Elizabeth -- I, -- Queen of England, 1533-1603.
England and Wales. -- Parliament.
Great Britain -- History -- Elizabeth, 1558-1603.
Link to this Item
http://name.umdl.umich.edu/A35827.0001.001
Cite this Item
"The journals of all the Parliaments during the reign of Queen Elizabeth both of the House of Lords and House of Commons / collected by Sir Simonds D'Ewes ... Knight and Baronet ; revised and published by Paul Bowes ..., Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A35827.0001.001. University of Michigan Library Digital Collections. Accessed May 24, 2025.

Pages

Page 597

THE JOURNAL OF THE House of LORDS.

A Journal of the passages of the Upper House of Parliament holden at Westminster, Anno 43 Reginae Eliz. Anno Domini 1601. which began there on Tuesday the 27th Day of October, and then and there continued until the Dissolution thereof, on Saturday the 19th Day of December ensuing, Anno 44 Reginae ejusdem.

THIS Journal of the Upper House (containing part of the passages of the Upper House, in the 10th and last Parliament of her Ma∣jesties Reign) is plentifully stored not only with the ordinary business of Read∣ing Bills, with the Committing, Amending and expediting of them; but also with divers very useful and good Precedents touching the Liber∣ties and Priviledges of the House it self. In which also divers Speeches, and other passages which were not found in the Original Book of the said House, are supplied out of other private Journals of that time of very good Authority. But yet to avoid confusion, whatsoever is here inserted out of the said private Journals, is parti∣cularly distinguished from that which is taken out of the above-mentioned Original Journal-Book of the Upper House, by some Animad∣version or expression thereof both before and af∣ter the inserting of it.

Before the particular relation of each days passages of the Upper House in this Parliament be inserted out of the Original Journal-Book it self of the said House, all the Proxies both usual and unusual (entred also at the beginning thereof) which had been returned and delive∣red in unto the Clerk of the said House during the continuance of the same; are here in the next place to be transcribed and set down all of them together, and cannot be so orderly digested and referred to each day on which they were returned, as formerly they have been. For whereas before this Parliament, and the last past in Anno 39 Reginae Eliz. Henry Spilman and Anthony Mason Esquires who had been successive∣ly Clerks of the said Upper House, did usually enter the said Proxies at the beginning of each Journal, with express mention of several days on which they were introducted or returned; now Thomas Smith Esquire, as well in this Parliament as in that which last preceded in the said 39th year of her Majesty (when he succeeded unto the said Anthony Mason in the place of the said Clerk of the Upper House) did only generally enter them at the beginning of this present and that last foregoing Journal (de Anno 39 Eliz. as aforesaid) as had been formerly accustomed, saving that it differed somewhat in the manner of entring them; and that the several days also on which they had been introducted and deli∣vered unto him, were not at all set down or expressed. Which course having heen since also followed (unto this present year 1629.) the said Proxies can be no more referred to the proper days as in divers foregoing Journals they have been, but must be once for all generally set down at the beginning of this present Journal in man∣ner and form following.

Literae procuratoriae in hoc Parliamento sunt al∣latae

Archipiescopi Eboracensis Matthaei, &c. qui

Page 598

procuratores suos constituit Johan. Archiepiscopum Cantuarien' & Tobiam Episcopum Dunelmen' con∣junctim & divisim.

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

Nota also, that the Proxies are all entred in the Genitive Case, and must therefore be referred to those foregoing words, viz. Literae procuratoriae in hoc Parliamento sunt allatae.

Henrici Episcopi Carliolen. qui procuratores suos constituit Matthaeum Archiepiscopum Eboracen' & Ricardum Episcopum Cestren' conjunctim & di∣visim.

Galsridi Episcopi Gloucestren', qui procuratores suos constituit Ricardum Episcopum London, An∣thonium Episcopum Meneven', & Gulielmum E∣piscopum Exon' conjunctim & divisim.

Herberti Episcopi Hereforden', qui procuratores suos constituit Johannem Episcopum Rossen', Guliel∣mum Episcopum Coventr' & Litchfield, & Guli∣elmum Episcopum Norwicen' conjunctim & divisim.

Gulielmi Episcopi Norwicen', qui procurato∣rem suum constituit Johannem Archiepiscopum Can∣tuarien'.

Nota, That the Bishops Proxies are set before the Proxies of the Temporal Lords, not because, as I suppose, they were all returned first, but because of their Ecclesiastical dignities, and in respect that the Arch-Bishop of Canterbury one of their Order, is the first Peer of the Realm. Whence also their names are usually first set down in the Journal-Book, where the presence of all the Lords is noted each day when they sit as long as the Parliament continueth. Then follow the Proxies of the Temporal Lords in such order as they are here set down.

Rogeri Comitis Rutland (which as the rest is put in the Genitive Case in relation to those first words, Literae procuratoriae in hoc Parliamento sunt allatae) qui procuratorem suum constituit Caro∣lum Comitem Nottingham magnum seneschallum hospitii Reginae & magnum Admirallum Angliae.

Edwardi Comitis Bedford, qui procuratorem suum constituit Oliverum Dominum St John de Bletsoe.

Caroli Domini Mount joy, qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae & magnum Admiral∣lum Angliae.

Gulielmi Comitis Bathon', qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae & magnum Admirallum Angliae.

Edwardi Domini Morley, qui procuratorem suum constituit Carolum Comitem Nottingham magnum seneschallum Hospitii Reginae & magnum Admiral∣lum Angliae.

Anthonii Vicecomitis Mountague, qui procu∣ratorem suum constituit Thomam Dominum Buck∣hurst magnum Thesaurarium Angliae.

Gulielmi Domini Sandes, qui procuratorem suum constituit Carolum Comitem Nottingham.

Edwardi Domini Stafford, qui procuratorem suum constituit Carolum Comitem Nottingham.

Georgii Comitis Huntington, qui procuratorem suum constituit Edwardum Comitem Wigorn'.

Thomae Vicecomitis Bindon, qui procuratorem suum constituit Carolum Comitem Notting∣ham.

Domini Lumley, qui procuratorem suum consti∣tuit Thomam Dominum Darcy de Chiche.

Johannis Domini Darcy, qui procuratorem suum constituit Gilbertum Comitem Salop.

Henrici Comitis Kanciae, qui procuratorem suum constituit Gilbertum Comitem Salop.

Edwardi Comitis Oxon, qui procuratorem suum constituit Carolum Comitem Nottingham.

Thomae Domini Burleigh, qui procuratorem suum constituit Henricum Comitem Northumberland.

Nota, That in respect that this present Par∣liament was the last of her Majesties Reign, and these Proxies are entred after a different man∣ner from most of those in the Queens time which are before set down, they are all of them therefore Transcribed both ordinary and extra∣ordinary out of the Original Journal-Book of the Upper House; of which the Ordinary I call those, when a Spiritual Lord constituteth two Proctors, and a Temporal Lord one; and those Extraordinary, when a Temporal Lord constituteth more than one Proctor, and a Spiri∣tual Lord but one or more than two.

Nota also, that the Earl of Nottingham had eight several Proxies sent unto him this Parlia∣ment, by which it is plain that by the Ancient Custom and usages of the Upper House every Member thereof is capable of as many Proxies as shall be sent unto him, although the said Cu∣stom be at this day altered by an Order made in the said House upon the day of in Anno 2. Regis Caroli, Anno Dom. 1626. (upon the ingrossing of many Let∣ters procuratory by George Duke of Bucks) that no Lords Spiritual or Temporal should be capa∣ble of above two of the said Proxies.

The above-mentioned Proxies being set down in manner and form as aforesaid, now followeth in the next place the beginning of the Parlia∣ment it self, and the manner of her Majesties coming to the same.

On Tuesday the 27th day of October and the first day of this present Parliament, about three of the Clock in the Afternoon the Queen went by Land to Westminster Church, riding in a Cha∣riot made all open, only like a Canopy at the Top, being of Cloth of Silver or Tissue, with divers Lords and others in their degree being Marshalled by the Heralds; where having heard a Sermon, she went into the Upper House, and being there set, the Lords Spiritual and Tempo∣ral took their several places, whose names

Page 599

are Transcribed out of the Original Journal of the Upper House in manner and form following.

  • Johannes Archiepiscopus Cantuarien'.
  • Thomas Egerton Miles, Dominus Custos magni Sigilli.
  • Dominus Buckhurst Dominus Thesaurarius Angliae.
  • Matchio Winton.
Comites.
  • Comes Sussex Magnus Mareschallus.
  • Comes Nottingham Magnus Admirallus Angliae & Magnus seneschallus Hospitii Reginae.
  • Comes Northumbr.
  • Comes Salop.
  • Comes Darbiae.
  • Comes Wigorn'.
  • Comes Cumbriae.
  • Comes Pembrooke.
  • Comes Hertford.
  • Comes Lincoln.
Episcopi.
  • Episcopus London.
  • Episcopus Dunelmen.
  • Episcopus Wintonien.
  • Episcopus Roffen.
  • Episcopus Coventr' & Litchfield.
  • Episcopus Wigorn.
  • Episcopus Bathon' & Wellen.
  • Episcopus Meneven.
  • Episcopus Lincoln.
  • Episcopus Asaphen.
  • Episcopus Cestren.
  • Episcopus Cicestren.
  • Episcopus Exon.
  • Episcopus Sarisburien.
  • Episcopus Elien.
  • Episcopus Petriburgen.
Barones.
  • Dominus Zouch.
  • Dominus Cobham.
  • Dominus Stafford.
  • Dominus Grey de Wilton.
  • Dominus Dudley.
  • Dominus Lumley.
  • Dominus Stourton.
  • Dominus Windsor.
  • Dominus Mordant.
  • Dominus Wharton.
  • Dominus Rich.
  • Dominus Willoughby de Parham.
  • Dominus Sheffield.
  • Dominus Darcie de Chiche.
  • Dominus Chandots.
  • Dominus St John de Bletsoe.
  • Dominus Compton.
  • Dominus Norreys.
  • Dominus Howard de Walden.

These names being thus inserted out of the Original Journal-Book, now follow some other passages of this day with the summ of the Lord Keepers Speech out of a private Journal of the House of Commons.

The Knights, Citizens and Burgesses of the House of Commons having notice that her Ma∣jesty with divers Lords Spiritual and Temporal and others were set in the Upper House, hasted thither; but before they came, the door of the House was shut, and notwithstanding any means that was made by them, was still kept shut until the Lord Keeper had ended his Speech: the sub∣stance or chief scope of which said Speech was as followeth.

He used perswasion of thankfulness, and of obedience, and also shewed her Majesties desire of dissolution of this Parliament before Christ∣mas. He shewed unto us the necessity we stand in, and the means to prevent it; the necessity, the Wars between Spain and England; the means, Treasure, &c. His advice was, that Laws in force might be revised and explained, and no new Laws made. Our Enemies he said were Enemies to God, the Queen and the peace of this Kingdom, conspired to overthrow Religion, to reduce us to a Tyrannical servitude. These Enemies he named to be the Bishop of Rome and the King of Spain. Our state being thus, he summoned us to be provident, by reason we deal with a provident Enemy; and confident, because God hath ever, and I hope will ever, bless the Queen with successful fortune. He shewed how apparent his providence was by the means and course he taketh for our instruction; And se∣condly the success we had against him by Gods strong Arm of defence in Anno 1588. and divers other times since. You see to what effect the Queens support of the French Kings Estate hath brought him; even made him one of the greatest Princes in Europe; when her Majesties Forces there left him, how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions. For the Low-Countries, how by her aid, from a con∣fused Government and State she brought them to an Unity in Counsel, and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical de∣signs, which have so much gauled him, that how many desperate practices have been both de∣vised, consented to and set on foot by command∣ment of the late King his Father, I need not shew you, neither trouble you with Arguments for proof thereof, being confessed by them that should have been Authors themselves. But de mor∣tuis nil nisi bonum. I would be loth to speak of the dead, much more to slander the dead. I have seen her Majesty wear at her Girdle the price of her blood; I mean Jewels which have been given to her Physicians to have done that unto her, which I hope God will ever keep from her; but she hath rather worn them in Triumph than

Page 600

for the price, which hath not been greatly va∣luable.

Then he fell to perswade us, because new oc∣casions were offered of consultations, to be pro∣vident in provision of means for our own de∣fence and safety, seeing the King of Spain means to make England miserable by beginning with Ireland; neither doth he begin with the Re∣bels, but even with the Territory of the Queen her self. He shewed that Treasure must be our means, for Treasure is the sinews of War.

Nota, That the substance of this Speech is on∣ly here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November, which next ensued, by Sir Robert Cecill her Majesties principal Secretary, who had done it to satisfy divers Members of the same, who could not get into the Upper House to hear it this first day of the Parliament as is afore∣said.

Now follow the Names of the Receivors and Tryors of Petitions out of the Original Jour∣nal-Book of the said House.

As soon as the Lord Keeper had ended his Speech, and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it, were departed down to their own House, Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French, which were as followeth.

Receivors of Petitions for England, Ireland, Wales and Scotland, Sir John Popham Knight, Lord Chief Justice, Francis Gawdy, one of the Justices of the Kings Bench, George Kingsmell, one of the Justices of the Common Pleas, Dr Ca∣rew and Dr Stanhop:

Receivors of Petitions for Gascoign, and other Lands and Countries beyond the Seas and of the Isles, Sir Edmund Anderson Knight, Lord Chief Justice of the Common Pleas, Sir William Per∣riam Knight, Lord Chief Baron, Thomas Walmes∣ley one of the Justices of the Common Pleas, Dr Swale and Dr Howard. They who will de∣liver Petitions, to deliver them within six dayes.

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

The Archbishop of Canterbury, the Marquess of Winchester, the Earl of Sussex Lord Marshal of England, the Earl of Nottingham Lord High Ad∣miral of England and Steward of the Queens House, the Earl of Hartford, the Bishop of Lon∣don, the Bishop of Durham, the Bishop of Win∣chester, the Lord Zouch, and the Lord Cob∣ham.

All these or any four of them, calling unto them the Lord Keeper of the Great Seal, and the Lord Treasurer and also the Queens Serjeants at their leisure, to meet and hold their place at the Chamberlains Chamber.

Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles:

The Earl of Oxford High Chamberlain of England, the Earl of Northumberland, the Earl of Shrewsbury, the Earl of Worcester, the Earl of Huntington, the Bishop of Rochester, the Bishop of Lincoln, the Lord Hunsdon Chamberlain to the Queen, the Lord Le Ware, the Lord Lumley and the Lord Burleigh.

All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them, to meet and hold their place in the Treasurers Chamber.

Then the Lord Keeper continued the Parlia∣ment, which is set down in the Original Jour∣nal-Book in manner and form following.

Dominus Custos Magni Sigilli ex mandato Do∣minae Reginae continuavit praesens Parliamentum us{que} in diem Veneris proximè futurum, viz. 30m diem Octobris.

Nota, That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Jour∣nal-Book of the Upper House, yet because it is very imperfectly and briefly Entred there, I have therefore supplied it somewhat largely out of a private Journal of the House of Commons.

On Friday the 30th day of October about one of the Clock in the Afternoon, her Majesty came by Water to the Parliament Chamber, commonly called the Upper House, and being Apparelled in her Royal Robes and placed in her Chair of State, divers also of the Lords Spiritual and Tem∣poral being present, the Knights, Citizens and Burgesses of the House of Commons, who had attended at the Door of the said House with John Crooke Esq Recorder of London, their Spea∣ker Elect, the full space of half an hour, were at last as many as conveniently could let in, and the said Speaker was led up to the Bar or Rayl at the lower end of the same House, by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold, and Sir John Fortescue Chan∣cellor of the Exchequer, and presented to her Majesty, to whom after he had made three low Reverences he spake in effect as followeth.

MOST Sacred and Mighty Sovereign, Up∣on your Majesties Commandment your most dutiful and loving Commons, the Knights, Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House, to be their Speaker; but finding the weakness of my self and my ability too weak to undergo so great a burthen, I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me, and not to lay this charge so un∣supportable, upon my unworthy and unable Self: And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects. And I beseech your most ex∣cellent Majesty not to interpret my denial herein

Page 601

to proceed from any unwillingness to perform all devoted dutiful service, but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me, when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak be∣fore you. For I know and must acknowledge that under God, even through your Majesties great bounty and favour I am that I am; And therefore none of your Majesties most dutiful Subjects more bound to be ready, and being ready, to perform even the least of your Maje∣sties Commandments. I therefore do most hum∣bly beseech your Majesty, that in regard the Service of so great a Prince and flourishing King∣dom may the better and more successfully be ef∣fected, to Command your dutiful and loving Commons, the Knights, Citizens and Burgesses of the Lower House, to proceed to a new E∣lection.

Then after he had made three Reverences, the Queen called the Lord Keeper, to whom she spake something in secret; And after, the Lord Keeper spake in effect thus much.

Mr Speaker, Her Majesty with gracious atten∣tion having heard your wise and grave excuse for your discharge, Commanded me to say unto you, that even your Eloquent Speech of defence for your self is a great motive, and a reason very perswasive both to ratifie and approve the choice of the loving Commons, the Knights, Citizens and Burgesses, as also to commend their wise and discreet choice of your self in her gracious cen∣sure, both for sufficiency well able, and for your former Fidelity and Services well approved and accepted of: And therefore her Majesty taketh this Choice of you for bonum omen, a sign of good and happy success, when the beginning is taken in hand with so good Wisdom and Dis∣cretion.

Her Majesty therefore Commanded me to say unto you, that she well liketh of your Election, and therefore she ratifieth it with her Royal Assent.

Then Mr Speaker making three low Reveren∣ces Answered in this sort.

MOST Sacred and most Puissant Queen, seeing it hath pleased you to Command my Service by Consenting to the free Election of your dutiful and loyal Subjects, the Knights, Citizens and Burgesses, of me to be their Speaker, I most humbly beseech your Majesty to give me leave to shew unto you the dutiful thoughts and earnest affections of your loyal Subjects to do your Majesty all Services, and to defend your Royal and Sacred Person both with their Lives and Goods, against, &c. And so made a vehe∣ment Invective agaiost the Tyranny of the King of Spain, the Popes Ambition, the Rebels of Ireland, which he said were like a Snake cut in pieces, which did crawl and creep to join them∣selves together again. And lastly, with Prayers to continue the prosperous Estate and Peace of this Kingdom, which hath been defended as he said by the Mighty Arm of our Dread and Sa∣cred Queen. To which she Answered openly her self, No, but by the mighty hand of God, Mr Speaker. Then he proceeded to the last part, to beseech her Majesty for freedom of Speech to every particular Member of this House and their Servants. And lastly, if any mistaking of any Message delivered unto him from the Commons should happen, that her Majesty would attribute that to his weakness in delivery or understand∣ing, and not to the House, as also any forgetful∣ness through want of Memory, or that things were not so judiciously handled or expressed by him as they were delivered by the House.

To which after the Queen had spoken to the Lord Keeper as aforesaid, (after three Reveren∣ces by the Speaker) the Lord Keeper said in ef∣fect as followeth.

Mr Speaker, Her Majesty doth greatly com∣mend and like of your grave Speech, well divi∣ded, well contrived; the first proceeding from a sound Invention, and the other from a setled Judgment and Experience. You have well, and well indeed weighed the Estate of this Kingdom, well observed the greatness of our Puissant and Grand Enemy the King of Spain, the continual and excessive Charges of the Wars of Ireland, which if they be well weighed, do not only shew the Puissance of our Gracious Sovereign in defending us, but also the greatness of the charge continually bestowed by her Majesty even out of her own Revenues to protect us, and the ex∣posing of her Majesty to continual trouble and toilsome cares for the benefit and safety of her Subjects. Wherefore Mr Speaker, it behoveth us to think and say, as was well delivered by a grave Man lately in a Concio ad Clerum, Opus est subsidio mè fiat excidium.

Touching your other requests for freedom of Speech, her Majesty willingly consenteth there∣to, with this Caution, that the time be not spent in idle and vain matter, painting the same out with froth and volubility of words, whereby the Speakers may seem to gain some reputed credit by imboldening themselves to contradiction, and by troubling the House of purpose with long and vain Orations to hinder the proceeding in mat∣ters of greater and more weighty importance. Touching access to her Person, she most willingly granteth the same, desiring she may not be troub∣led unless urgent matter and affairs of great con∣sequence compel you thereunto: for this hath been held for a wise Maxim, In troubling great Estates, you must trouble seldom.

For Liberties unto your selves and persons, her Majesty hath Commanded me to say unto you all, that she ever intendeth to preserve the

Page 602

Liberties of the House, and granteth freedom even unto the meanest Member of this House: But her Majesties Pleasure is, you should not maintain and keep with you notorious persons either for life or behaviour, and desperate Debtors who never come abroad, fearing Laws, but at these times; Pettifoggers and Vipers of the Common-Wealth; Prolling and Common Solli∣citors, that set dissention between Man and Man; and men of the like condition to these: These her Majesty earnestly wisheth a Law may be made against; as also that no Member of this Parliament would entertain or bolster up any man of the like humour or quality, on pain of her Highness displeasure. For your excuse of the House and of your self, Her Majesty Comman∣ded me to say, that your sufficiency hath so often∣times been approved before her, that she doubt∣eth not of your sufficient discharge of the place you shall serve in. Wherein she willeth you to have a special Eye and regard not to make new and idle Laws, and trouble the House with them; but rather look to the abridging and re∣pealing of divers obsolete and superfluous Sta∣tutes; As also first to take in hand matters of greatest moment and consequence. In doing thus, Mr Speaker, you shall fulfill her Majesties Commandment, do your Country good, and sa∣tisfie her Highnesses expectation. Which being said, the Speaker made three Reverences to the Queen.

Nota, That this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House, but is supplied out of a pri∣vate Journal of the House of Commons, out of which also the whole business of this Afternoon touching the Speakers Presentment, Speech and Allowance are transcribed. And I have always conceived it most proper to refer the large rela∣tion of these and such like other Speeches and Passages (if warranted by any good Authority) to the Journals of the Upper House in which they are acted and delivered, and only for Or∣der to leave some short Memorial of them in the Journals of the House of Commons.

Now follows the continuance of the Parlia∣ment out of the Original Journal-Book of the Upper House, where it is Entred in these words, viz.

Dominus Custos magni Sigilli ex mandato Do∣minae Reginae continuavit praesens Parliamentum us{que} in diem Jovis quintum Mensis Novembris.

After which, (as is set down in the foresaid private Journal) room being made, the Queen came through the Commons to go to the great Chamber, who graciously offering her hand to the Speaker he kist it; but not one word she spake unto him; and as she went through the Commons, very few said God save your Majesty, as they were wont in all great Assemblies; and so she returned back again to Whitehal by Water.

Now follow the next days Passages out of the Original Journal-Book of the Upper House.

On Thursday the 5th day of November (to which day the Parliament had been last conti∣nued on Friday the 30th day of October forego∣ing) were two Bills read; of which the first be∣ing for Assurance of Lands, and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England, were each of them read primâ vice.

On Saturday the 7th day of November, the Bill for Assurance of Lands was read secunda vice, and committed unto the Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, the Earl of Worcester, the Earl of Cumberland, the Earl of Lincoln, the Lord Bishop of London, the Lord Bishop of Durham, the Lord Bishop of Winchester, the Lord Zouch, the Lord Cobham, the Lord Grey, the Lord Rich, the Lord Howard of Walden; and the Lord Chief Justice of her Majesties Bench, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron and Mr Attorney General were appointed to attend their Lordships.

The Bill to restrain the excessive use of Coaches within this Realm of England was read secundâ vice, and rejected.

Hereupon Motion was made by the Lord Keeper, that forasmuch as the said Bill did in some sort concern the maintenance of Horses within this Realm, consideration might be had of the Statutes heretofore made and Ordained touching the breed and maintenance of Horses; And that Mr Attorney General should peruse and consider of the said Statutes, and of some fit Bill to be drawn and prefer'd to the House touching the same, and concerning the use of Coaches; And that he should acquaint therewith the Committees appointed for the Bill before-men∣tioned for Assurance of Lands. Which Motion was approved by the House.

The Bill for the preservation of Pheasants and Partridges was read primâ vice.

On Tuesday the 10th day of November, Two Bills had each of them one reading; of which the second being the Bill for preservation of Pheasants and Partridges, was read secundâ vice, and committed unto the Archbishop of Canter∣bury, the Lord Treasurer, the Earl of Notting∣ham, the Earl of Northumberland, the Earl of Derby, the Earl of Worcester, the Earl of Cum∣berland, the Earl of Pembrook and divers others to attend the Lords, (Vide concerning this atten∣dance of the Judges upon the Lords Committees, on Thursday the 3d day of this instant November foregoing) who were appointed to meet at the Little Chamber near the Parliament presence; and the Bill was delivered to the Archbishop of Canterbury.

On Thursday the 12th day of November (to which day the Parliament had been last conti∣nued on Tuesday foregoing) The Bill concerning Musters, Souldiers and other things appertaining thereunto, was read secundâ vice, and commit∣ted unto the Archbishop of Canterbury, the Lord

Page 603

Treasurer and divers other Lords both Spiritual and Temporal; And the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, Mr Justice Walmesley, Mr Justice Warber∣ton, Mr Serjeant Yelverton and Mr Attorney Ge∣neral were appointed to attend the Lords.

Two Bills were brought up to the Lords from the House of Commons by Sir William Knolles and Mr Secretary Herbert; of which the first being the Bill against fraudulent Administration of Intestates goods was read primâ vice.

The Bill for Assurance of Lands was this day returned to the House with certain Amendments by the Lord Archbishop of Canterbury, the first of the Committees; which Amendments were presently twice read, and thereupon the Bill was appointed to be ingrossed.

Memorandum, That upon the reading of the said Amendments the Lord Bishop of London, one of the Committees, did offer to speak unto the Bill, or unto the said Amendments. Whereupon a doubt was moved by the Earl of Nottingham Lord Steward, whether it were agreeable to the good Order and Antient Custom of the House, that the said Lord Bishop being one of the Com∣mittees, and dissenting from the rest in some matter either of the Bill or of the Amendments, might speak thereunto upon the bringing in and presenting of the Amendments, or no. Which doubt being upon this occasion propounded in generality to the House by the Lord Keeper and put to the question, It was adjudged and resol∣ved by the major part, That any Committee might speak in like case either to the body of the Bill or to the Amendments upon the bringing in of the same, before it be ingrossed. Upon which resolution Order was given to the Clerk of the Parliament, that a remembrance or observation thereof should be Entred in the Journal-Book, for the resolving and clearing of the like doubt if it should happen hereafter. And thereupon after the reading of the Amendments the said Lord Bishop of London proceeded to his Speech, and the Bill was appointed to be ingrossed as aforesaid. Vide in the Parliament de an. 39 Re∣gin. Eliz. on Tuesday the 24th day of January.

Memorandum. Report was made unto the House by the Lord Zouch of one William Hogan an Ordinary Servant of the Queens Majesty, Ar∣rested and Imprisoned upon an Execution by one John Tolkerne, since the beginning of the Parlia∣ment. And a Motion was likewise made by his Lordship to know the Judgment and resolution of the House in this point, whether any Ordinary Servant of her Majesty (though he be none of the Parliament) be not priviledged and protect∣ed from Arrest during the time of the Parliament by vertue of his said Service to her Majesty, in like sort as the Servants of the Lords of the Par∣liament attending the said Lords their Masters are priviledged and freed for that time from any Ar∣rests of their Persons: And withal, being Arrest∣ed upon Execution, whether in this Case he may by good Order of this House be discharged. Which Motion and doubt the Lord Zouch pro∣fessed that he did the rather propound, because (though there were divers Examples of former times touching the Servants of the Lords of the Parliament) the like to this concerning one of the Queens Servants had not been (so far as was remembred) brought in question heretofore. And therefore it pleased the Lords to take knowledge of this Motion, and to give Order that Tolkerne should be sent for, at whose Suit the Arrest was made; And withal, that such Precedents as the Clerk of the Parliament could shew, should be looked out and made known to the House. Vide plus concerning this matter on Monday the 23th day of this instant November following.

On Saturday the 14th day of November, (to which day the Parliament had been last continu∣ed on Thursday foregoing, by occasion of send∣ing for the aforesaid Tolkerne) request was made by Mr Conisbie Gentleman Usher to the House, and signified by the Mouth of the Earl of Not∣tingham Lord Steward, That for as much as the bringing of any person before the Lords (upon breach of the Priviledge of the House) did ap∣pertain (as the said Mr Conisbie supposed and al∣ledged) to his place, though in the last Parlia∣ment (by some mistaking as he thought) the Ser∣jeant at Arms was imployed therein; That therefore their Lordships would be pleased to confirm and settle such Order, as he might at this time and from henceforth have the Right of his place in that behalf. Whose request being considered of by the Lords, it was thought meet, that the Lord Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, the Earl of Worcester, the Lord Bishop of Winchester, the Lord Zouch and the Lord Cobham should at their next meeting upon any other occasion take no∣tice of such Precedents as could be produced therein, either for the Gentleman-Usher or for the Serjeant at Arms, and thereof to make Re∣port to the House, whereupon their Lordships would proceed to the deciding of the question between them. Vide concerning this business on Tuesday the first day of December next fol∣lowing.

The meeting of the Committees about the Bill concerning Musters, Souldiers, &c. (who were nominated on Thursday the 12th day of this in∣stant November foregoing, and appointed to meet this Afternoon) was upon Motion to the House, by some of the Committees, deserr'd until Mon∣day next being the 16th day of this instant No∣vember by eight of the Clock in the Morning.

A Motion was made by the Lord Keeper, that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament, and have not sent their Proxies, to admonish them thereof.

Five Bills had each of them one reading; of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read secundâ vice, and committed to the Lord Treasurer, the Earl of Worcester, the Earl

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of Hartford, the Earl of Lincoln, the Bishop of Winchester, the Bishop of Lincoln, the Bishop of Bath and Wells, the Bishop of Chester, the Bi∣shop of Exeter, the Bishop of Ely, the Lord Zouch, the Lord Cobham, the Lord Rich, the Lord Sheffield, the Lord Chandois, the Lord St John of Bletsoe and the Lord Compton; and the Lord Chief Justice of England, Mr Justice Gawdy, Mr Baron Savile and Mr Serjeant Yelver∣ton were appointed to attend their Lordships.

The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judg∣ment in Debt was read secundâ vice, and com∣mitted unto the Lord Treasurer, the Earl of Worcester, the Earl of Pembrook, the Bishop of Rochester, the Bishop of Worcester, the Bishop of St Asaph, the Lord Cobham, the Lord Chandois, the Lord St John of Bletsoe; and Mr Justice Gawdy, Mr Baron Savile and Mr Serjeant Yel∣verton were appointed to attend their Lord∣ships.

The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Ma∣jesties Ordinary servant, at the suit of John Tol∣kerne. Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Per∣sons priviledged by Parliament, having received directions from the Lords for that purpose as is be∣fore Recorded; of which sort out of the Jour∣nal-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 Lords 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 Cromwel 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 At∣tachment: but whether this Attachment was ser∣ved 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 Observati∣ons out of a Book written by Richard Crompton Esquire, Intituled the Authority and Jurisdiction of the Queens Courts, concerning the proceed∣ings of the House in the like case of George Fer∣rers 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 Lords 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 re∣spect there was less appearance of the Lords this day than at other times, and this matter con∣cerning the priviledge of the House, was of great importance, and therefore required a more full Assembly, Stay was made of any further pro∣ceeding until Thursday next being the 19th day of this instant November: And in the mean time it was Ordered, that Tolkerne should again be sent for, to appear before the Lords in the House that day by nine of the Clock in the Morning. Vide concerning this matter on Monday the 23th day of this Instant November following.

On Monday the 16th day of November (to which day the Parliament had been last conti∣nued on Saturday foregoing,) the Bill for reuni∣ting Eye and Dunsden to the Mannor 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 here∣tofore made thereof by her Majesty to the said Thomas Crompton. Which Motion was well ap∣proved 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 7th Monday postea.

Memorandum, That the Committees upon the Bill for Musters and Souldiers (who were appoin∣ted to meet this Afternoon on Thursday the 12th day of this instant November foregoing) have upon a Motion to the House appointed another meeting about the same, upon Thursday Morn∣ing next, being the 19th day of this instant No∣vember 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 Lords, 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 alledge 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 Lords 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 Lords, 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

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be found meet and agreeable to the priviledge 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 Exe∣cution, whether by Warrant to be directed from the Lords to the Lord Keeper, requiring him to grant forth a Writ in her Majesties 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 Lords by the Gentleman-Usher into the said House of Parliament upon Thursday next being the 19th day of this instant November, by nine of the Clock in the Morning. Vide touch∣ing this business on Monday the 23th day of this instant November ensuing.

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

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

Two Bills were brought up to the Lords 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 Ma∣jesty, and of Letters Patents made by her High∣ness to others. Touching which Bill see at large on Thursday the 17th day of December follow∣ing.

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 Lords, who having made (as he was required to do) relati∣on of his Arrest, and of the time, and parties that Arrested him, declaring that he was Arrest∣ed by the Under-Sheriff of the County of Sur∣rey and others assisting him, upon Saturday be∣fore the beginning of the Parliament (which be∣gan on the Tuesday following) and that it was known to the said Under-Sheriff that he was her Majesties Ordinary Servant, and moreover that he thought Tolkerne was not privy to his Arrest at that time contrary to the priviledge 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 Lords, 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 sa∣tisfaction to be made of the debt of fifty pounds, & any costs and charges, as by the said Lords should be thought fit, (the Bond to be taken to the said Lords) and thereupon be discharged out of Pri∣son 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 Or∣dered 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 ap∣pear before the Lords in the House on Saturday next being the 21th day of this instant November by nine of the Clock in the Morning. Vide con∣cerning this matter on Monday the 23th day of this instant November ensuing.

On Saturday the 21th day of November, to which day the Parliament had been last continu∣ed on Thursday foregoing, Three Bills had each of them one reading; of which the last being the Bill for Assurance of Lands was read ter∣tiâ 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 Lords, 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 Lords 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 referr'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 read∣ing be committed again or no. Which being ac∣cordingly put to the question, and the number both of the affirmative part and negative, fall∣ing out to be equal (upon the accompting of them by the Lord Bishop of London and the Lord Grey appointed by the Lords for that pur∣pose) it was adjudged that the Voices of the negative part which were against the new com∣mitting 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 it self 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 Lords, that the antient course of the House may be observed hereafter, in certi∣fying the excuses of such Lords as should be ab∣sent 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. 7th Monday postea.

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

On Monday the 23th day of November, to which day the Parliament had been last conti∣nued on Saturday foregoing, the Bill for reuni∣ting Eye and Dunsden to the Mannor of Sunning was read tertiâ vice, and sent down to the House of Commons by Mr Doctor Stanhop and Mr Hone.

The Bill to avoid and prevent divers misde∣meanors in lewd and idle persons was read se∣cundâ 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 in∣grossed: 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 Par∣liament 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 Wed∣nesday the 2d day, Friday the 4th day, Wednesday the 9th day, Saturday the 12th day, Monday the 14th day, and on Wednesday the 16th day of De∣cember 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 Canter∣bury and others (who were appointed to meet at the great Council Chamber) And the Bill was delivered to the said Lord Archbishop of Canter∣bury the first of the Committees.

The Bill for encrease 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 26th 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 14th 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 12th day, Saturday the 14th day, Monday the 16th day, and on Thursday the 19th day of this instant November foregoing; as also on Thursday the 26th day of the same Month following.

On Tuesday the 24th 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 com∣mitted unto the Earl of Worcester, the Lord Cob∣ham, the Lord Chandois and the Lord Howard of Walden; And the Bill was delivered unto the said Lord Howard, who with the rest was ap∣pointed to meet on Saturday next by two of the Clock in the Afternoon at the Chamber of Par∣liament 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 Councel Learned might be heard. Whereupon it was Ordered, that both their Councel and the Councel of Francis Ket∣tlebie should be heard in the House upon Thursday next being the 26th of this instant November, in the Morning.

On Thursday the 26th day of November, to which day the Parliament had been last conti∣nued on Thursday foregoing, one Bill being for the more peaceable Government of the parts of Cumberland, Northumberland, Westmerland and the Bishoprick of Durham was read the second time and committed: But in respect that the manner of committing Bills during all this Par∣liament was the same, and that the Judges and her Majesties Learned Councel were always ap∣pointed to attend the Lords Committees and ne∣ver 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 hum∣ble 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 Majesties Servant. Vide con∣cerning this matter on Monday the 23th day of this instant November foregoing.

The Councel 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 Arch∣bishop 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

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Lord Howard of Walden being the puisne Baron of the Committees; and on Monday the 23th day of this instant November foregoing, two several Bills being committed, the one of them was de∣livered 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 con∣cerning this matter on Tuesday Dec. 8th 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 Lords from the House of Commons by Sir William Knolles, Mr Secretary Herbert and others; of which the fifth was the Bill for the enabling of Edward Ne∣vill 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 Mannor of Rothersield in the County of Sus∣sex, and of the Mannor 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 Majesties Courts of Westminster, was read primâ vice.

Whereas the Lords 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, con∣trary to the priviledge of the said Court, by the procurement of one William Crayford of Mong∣cham in Kent, and committed to the Prison of Newgate, where he yet remaineth; It was there∣fore 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 Lords in his Company into the Upper House of Parlia∣ment 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 Lords at the time and place prefixed the said William Crayford, together with such other Persons as did either Arrest or as∣sist the Arresting of the said William Vaughan. Vide on Saturday the 19th 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 for∣merly sent for others: And forasmuch as the Committees that were appointed on Saturday the 14th 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 Lords 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 be∣twixt them. Vide November the 14th Saturday foregoing.

Upon a Motion made to the House by the Lord Treasurer, it was agreed, that the Com∣mittees in the two several Bills, the one concer∣ning Musters and Souldiers (who were appointed on Thursday the 12th day of November forego∣ing) and the other for confirmation of Letters Patents (who were appointed on Monday the twenty third day of November foregoing) should joyn in one Committee for both Bills.

Nota, That although it be ordinary for a Com∣mittee upon some new occasion to be encreased 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 exotick, in respect that two seve∣ral 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 Majesties 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 Cray∣fords Master, as also the Under-sheriff of Mid∣dlesex, and another Person that was Bayliff with Crayford in Arresting the said Willam Vaughan; all which persons having been heard particularly by the Lords, and the said Millington, the Under-sheriff and Crayfords fellow Bayliff protesting that they knew not the said Vaughan to be a man priviledged by the Parliament at the time of the Arrest, It was Ordered that the said Millington, the Under-sheriff and the said Bayliff should be dis∣missed for that Cause: But forasmuch as by the confession of the Under-sheriff it doth plainly appear to the Lords, that the said Crayford had very maliciously and upon unnecessary suits, that did not concern himself, prosecuted the ser∣ving and laying of sundry Executions upon William Vaughan, it was thought meet and so Ordered, that he should be committed to the

Page 608

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 Priso∣ner William Vaughan the Lords resolved to en∣ter into some further consideration for the bring∣ing of him before them into the House. And thereupon their resolution concerning the same was respited until some other time. Vide con∣cerning this matter on Saturday the 19th day of this instant December following.

On Thursday the 3d day of December two Bills had each of them one reading; of which the second being the Bill for enabling of Edward Nevil of Berling in the County of Kent, and Sir Henry Nevil Knight his Son and Heir appa∣rent, to dispose of certain Copyhold Lands par∣cel of the Mannor of Rotherfield in the County of Sussex, and of the Mannor of Aylesby and Feld∣ing in the County of Warwick was read primâ vice.

The Amendments of the Bill against the mul∣titude 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 Mannors and Lands for part of a Jointure to Lucy Countess of Bedford was read primâ vice.

Two Bills were brought up to the Lords from the House of Commons; of which the first be∣ing the Bill against Drunkards and Common Haunters of Alehouses and Taverns was read pri∣mâ vice.

The Lords were this day informed by the Earl of Worcester of an Arrest made of the per∣son of Robert Treswell Somerset, one of her Ma∣jesties 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 be∣fore the Lords into the Upper House to Morrow being the 4th 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 8th 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 de∣sired 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 New∣gate, having in his Custody, William Vaughan Ser∣vant to the Earl of Shrewsbury upon Execution, should bring the person of the said William Vaughan on Wednesday the second day of this in∣stant December, before the Lords 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 re∣fusal 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 pro∣ceeding of the Court in like case of Arrest in Ex∣ecution should be produced at the next sitting of the said Court: It is therefore upon view and consideration of divers Precedents and Remem∣brances 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 priviledge 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 4th day of this instant December by eight of the Clock in the Morning. Vide December 19th Saturday postea.

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

On Friday the 4th 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 Ne∣vil of Berling in the County of Kent, and Sir Henry Nevil Knight, &c. And the Bill for Con∣firmation of Letters Patents made by King Ed∣ward 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 23th 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 Mr Doctor Carew and Mr 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 o∣thers, 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. 3o die Decembris, that a Writ of Priviledge of Parliament should be made out by the Lord Keeper unto the She∣riffs of London and Middlesex for the having of the body of William Vaughan Prisoner in New∣gate, together with the Cause of his Imprison∣ment

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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 ha∣ving been heard what he could say for himself in that behalf; Forasmuch as it appeared unto the Lords, that besides the breach of the Priviledge of the said High Court, the said Crayford had fraudulently and malitiously 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 a∣greed and Ordered by the general consent of the Court, That the said William Vaughan shall be forthwith discharged out of Prison and Execu∣tion, and the said Sheriff shall be free from any trouble, damage or molestation for his said dis∣charge. And it is likewise Ordered, that for sa∣tisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Ar∣rest mentioned and recited in the aforesaid re∣turn 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 Lords of the Parliament, namely the Earl of Worcester, the Earl of Pembrook, the Lord Bishop of Dur∣ham, the Lord Bishop of Winchester, the Lord Windsor and the Lord St 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 mat∣ter on Saturday the 19th day of this instant De∣cember following.

On Saturday the 5th 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 Com∣mittees in the Bill concerning Musters, Souldiers, &c. (whose names see before on Thursday the 12th day of November foregoing) that the said Committees having oftentimes met and confer'd about that Bill did find so many imperfections in the same, as it could not conveniently be amen∣ded; 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 peace∣able 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 ingrossed.

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

One Bill was brought up to the Lords from the House of Commons, by Mr Comptroller, Mr Secretary Cecill, Sir John Fortescue, Mr 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 belong∣ing to some of their Lordships, or to some of the House of Commons, in offering violence to di∣vers 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 7th 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 Order∣ed, that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for refor∣mation 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 7th 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, Nor∣thumberland, Westmerland, the Bishoprick of Durham, was read tertiâ vice, and sent down to the House of Commons by Doctor Carew and Mr Doctor Stanhop.

The Bill to avoid double payment of Debts was brought up to the Lords from the House of Commons by Mr Comptroller, Sir Edward Hobbie and others.

Four Bills also had each of them one reading; of which the third being the Bill for Confirma∣tion as well of all Grants made to the Queens Majesty, and of all Resumptions made by her Highness, of the Possessions of any Arch-Bishop∣rick or Bishoprick, 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

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Highness to others, was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees. Vide con∣cerning this Bill on Thursday the 17th day of this instant December following.

Memorandum, That upon a Motion made this 7th 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 con∣cerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copy∣hold 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 fur∣ther 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 9th 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 Duns∣den to the Mannor 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 Lords had assented thereunto, Answer was made by the Lord Keeper (sitting in his place and the rest of the Lords also keeping their places) unto the said Sir Wil∣liam Knolls, &c. that the Lords had yielded to the Conference, and had appointed certain Com∣mittees (under-named) to meet with some se∣lect 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 Mor∣row the 8th day of this instant December by eight of the Clock in the Morning. Vide con∣cerning this matter on Monday the 16th day, and on Saturday the 21th day of November fore∣going.

On Tuesday the 8th day of December, Six Bills had each of them one reading; of which the last being the Bill concerning Captains and Soul∣diers 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 Thurs∣day the 12th day of November) with addition of the Lord Windsor; and the said Committees to meet about the said Bill upon the first opportu∣nity 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 Com∣mittees, of whom the Lord Archbishop of Can∣terbury and the Lord Treasurer were the two first: Whereas on Monday the 23th day of No∣vember foregoing, a Bill being committed upon the second reading was delivered unto the Arch∣bishop of Canterbury the first of the Commit∣tees; And on Thursday the 26th 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 Wor∣cester in the behalf of the Earl of Shrewsbury, to be annex'd 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 Ye∣sterday to the House by the Committees) were presently read. And forasmuch as the Lords de∣sired a speedy proceeding in this Bill, they sent Dr Carew and Dr Stanhop to the House of Com∣mons, to move them that some meet persons of that House might join in Conference with the Lords being to the number of twenty or there∣abouts, concerning the Proviso and Amend∣ments aforesaid; And that the meeting about the same might be at the Outward Chamber near the Parliament Presence to Morrow the 9th 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 17th 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, signify∣ing that they desired Conference with some of their Lordships for certain matters concerning the Honour of both Houses, the Lords hereafter named were Selected and Chosen to confer there∣about 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 10th day of this instant Decem∣ber, by eight of the Clock in the Morning, at the Outward Chamber near the Parliament Pre∣sence, which was signified to Sir Walter Raleigh and the rest in Answer of their Message. The Lord Archbishop of Canterbury, the Lord Trea∣surer, 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.

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This day the Lord Archbishop of Canterbury, the first of the Committees in the Bill concer∣ning Andrew and Francis Kettlebie (whose names see before on Tuesday the 24th day of November) made Report to the House, that the said Com∣mittees did desire and had endeavoured to make some agreement betwixt the parties, by procuring the Wife of Andrew Kettlebie to accept of rea∣sonable 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 Com∣mittees 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 re∣ferred to her Majesties Commissioners for those Causes that concern the Lord Marshalls Office, and the parties that were sent for to be discharg∣ed. Vide on Thursday the third day of this in∣stand December foregoing.

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

On Wednesday the 9th day of December Mr ..... being of Councel 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 Lords finding no Cause why the proceeding of the said Bill should be longer stayed or forborn, 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 dis∣pose of certain Copyhold Lands, was read tertiâ vice.

Upon the third reading of which said Bill, and before the putting thereof to the question whe∣ther it should pass or no, the Lady Fane yielded her consent to the passing of the same, being thereunto perswaded by sundry of the Lords. Vide concerning this matter on Monday the 7th 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 23d day of November foregoing.

The Lord Treasurer made Report that the Committees in the Bill concerning Letters Pa∣tents and Conveyances, &c. could not pro∣ceed 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 Mr 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 un∣necessary, and the Judges also concurring with him in that opinion: Nevertheless upon a moti∣on made by the Lord Bishop of London, that the Councel learned of the Earl of Shrewsbury and Mr 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 honour and dignity of the House, that they should be so heard: To which end their Councel were appointed to give their Attendance to Morrow the 10th 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, Mr Ser∣jeant Yelverton, Mr Dr Carew and Mr Dr Stanhop were sent unto them with this Message, to signify their Lordships desire to have proceeded to Con∣ference with them this Morning about the said Bill (as was yesterday appointed) And that the Lords 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 prepa∣red 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 out∣ward Chamber near the Parliament presence. Unto which Motion the House of Commons willingly assented. Vide concerning this matter on Thursday the 17th day of this Instant Decem∣ber following.

On Thursday the 10th 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 Dr Stanhop and Dr 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 expe∣dited.

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

The Councel 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 appoin∣ted;) And thereupon Mr 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 delive∣red his resolution to sundry questions propound∣ed unto him by divers of the Lords concerning the said Cause, it was Ordered as followeth.

Upon debate in the House concerning the se∣veral

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Provisoes offered by the Earl of Shrewsbury and by Thomas Holcroft, Henry Cavendish and William Cavendish Esquires, to be annext 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 Majesties Bench, the Lord Chief Justice of the Common-Pleas, calling unto them the rest of the Judges, and Mr Attorney General, should draw some new Provisoes, such as they should think indifferent for all Parties, and meet to be an∣nexed to the said Bill, and should present the same to the Lords to Morrow in the Morning be∣fore their Conference with the House of Com∣mons about the said Bill. Vide concerning this matter on Thursday the 17th day of this instant December ensuing.

The Lord Keeper signified unto their Lord∣ships that he received Commandment from her Majesty to let them understand her Pleasure to be, that the Parliament should end upon Thurs∣day the 17th day, or Friday the 18th 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 imploy and spend that time which re∣maineth, in matters concerning the publick, 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 Lords (upon the Message lately sent from the said House signifying their desire of Conference for some matter touching the Ho∣nour of both Houses) did make known unto the Lords of the Committees nominated for that pur∣pose, that the occasion of such their Message was, for that (as they were informed) Mr At∣torney General had preferr'd a Bill into the Star-Chamber against one Belgrave a Member of the House of Commons, for and concerning some matter of misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House. And therefore they desired this mutual Conference, letting their Lordships un∣derstand, 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 mo∣lested during his Service in the time of Parlia∣ment, contrary to the Honour and Priviledge 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 preferr'd by Mr Attorney General, who had been heretofore Speaker of that House, and therefore as they thought, ought to have more regard to the ho∣nour and liberty of the same, certain words and clauses were inserted, which were taken to be prejudicial and derogatory to the honour of the said House. And therefore they desired that the Lords 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 authentick Bill testified by the hand of the Clerk of the Star-Chamber, as had been meet, the Lords 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 Mr Serjeant Yelverton and Mr Dr Hone; who finding the House risen before they came, brought the said Bill back again. Vide concerning this matter on Monday the 14th day of this instant December following.

On Friday the 11th day of December, the Bill concerning Captains, Souldiers 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 12th day of November foregoing, as also on Tuesday the 8th day of this instant December last past) which Amendments and Provisoes were presently twice read, and thereupon the Bill Com∣manded to be ingrossed.

The Bill for maintenance of the Navy, en∣crease of Mariners, &c. (which was committed on Monday the 7th day of this instant Decem∣ber foregoing, although the mention thereof as being of little moment be there purposely omit∣ted) was returned to the House by the Lord Treasurer the first of the Committees with cer∣tain Amendments, which were presently twice read.

Four Bills were brought up to the Lords from the House of Commons; of which the two last were, one for the Assurance of the Parsonage of the Vicaridge of Rotherston in the County of Chester, and a Scholars Room in the Cathedral Church of Christ in Oxon, of the Foundation of K. H. 8. by the Dean and Chapter of the said Cathedral Church, to Thomas Venables Esq and his Heirs for ever; And the other for the Aug∣mentation of Rachel Wife of Edward Nevil 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 Mr Attorney Ge∣neral, that both Parties, viz. the Earl of Shrews∣bury 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 17th day of this instant December following.

The Bill before-mentioned sent down Yester∣day by Mr Serjeant Yelverton and Dr Hone was sent by them again with the same Message, and moreover to signifie unto them, that the Lords

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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 Lords forthwith; And con∣cerning the Bill, they will do what shall be fit. Vide Concerning this on Thursday the 17th of De∣cember ensuing.

On Saturday the 12th day of December, Eight Bills were brought up to the Lords from the House of Commons by Mr Secretary Cecill, Mr Se∣cretary 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 inferiour 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 Mon∣day the 14th day and on Tuesday the 15th day of this instant December ensuing.

The Lords and those of the House of Com∣mons not having time yesterday to conclude their Conference about the Bill concerning Let∣ters Patents and Conveyances, &c. another meeting was then appointed for them this Mor∣ning; Mr Attorney General and Mr 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 Com∣mons returned Answer, that they would make their repair to their Lordships forthwith for that purpose. Vide concerning this matter on Thursday the 17th day of this instant December ensuing.

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

The Bill concerning the Joynture of the Coun∣tess of Bedford was returned to the House by the Earl of Worcester first of the Committees (who were appointed on Friday the 4th 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 a∣gainst the said Bill.

The Lords that were appointed Committees for the Bill touching Letters Patents, &c. went forth to the outward Chamber to have Confe∣rence with those of the House of Commons ap∣pointed Committees for the same Bill, but no∣thing concluded touching the Amendments, be∣cause the said Committees had no power to con∣clude; and therefore after long debate the Bill was brought back to the House, and the relati∣on thereof referr'd to be made by Mr Attorney, and the same deferred till the Afternoon sitting, by reason the day was spent.

Domimus Custos Magni Sigilli continuavit prae∣sens Parliamentum us{que} in horam tertiam post Me∣ridiem hujus diei.

About which hour the Lord Keeper and divers Lords 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 Reforma∣tion of Abuses committed in buying and selling of Spices and other Merchandizes; and the third to prevent Perjury and Subornation of Perjury and unnecessary expences in suits of Law, were each of them read secundà vice. But no menti∣on is made either of their Commitment or En∣grossing, the supposed cause or reason of which omission see more at large on Monday the 23th day of November foregoing.

The Proviso that was pretended to be added to the Bill for the Maintenance of the Navy, encrease 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, encrease of Mariners, &c. was read tertiâ vice, and sent to the House of Commons, together with the Bill concerning Captains, Souldiers, &c. by Dr Carew and Dr Hone.

The Amendments and Proviso in the Bill con∣cerning the Countess of Bedfords Joynture were twice read, and likewise the Lady Russells Petition was read. Whereupon it was appointed that the Proviso should be ingrossed in Parchment, and the Amendments in Paper.

The Committees in the Bill for the observation of Orders in the Exchequer (who were nomina∣ted on Thursday the 10th day of this instant De∣cember foregoing) were appointed forthwith to meet in the little Chamber near the Parlia∣ment 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 com∣manded to be ingrossed.

The Bill for the assuring the Patronage of the Vicaridge of Rotherston in the County of Chester, and a Scholars room in the Cathedral Church of Christ in Oxon (of the Foundation of King Hen. 8th) by the Dean and Chapter of the said Ca∣thedral Church, to Thomas Venables Esquire and his Heirs for ever, 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 23th day of November foregoing.

Relation was made by Mr 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

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Monday Morning being the 14th day of this in∣stant 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 Dr Carew and Dr Hone, and was accepted. Vide concerning this matter on Thursday the 17th day of this instant Decem∣ber ensuing.

On Monday the 14th day of December, to which day the Parliament had been last continued on Saturday foregoing, the Bill for the better ob∣servation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal, was read tertia vice; And the Pro∣viso thought meet by the Committees to be ad∣ded, was also read the third time.

The Bill for the Assurance of certain Mannors and Lands for part of a Jointure to Lucy Coun∣tess of Bedford; And the Provisoes and Amend∣ments 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 A∣mendments, by the hands of Dr 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 23th day of November foregoing. Vide also concerning this Bill on Tuesday the 15th day of this instant December immediately follow∣ing.

Two Bills were brought up to the Lords 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 St Thomas the Apostle, to the Mayor, Commonalty and Citizens of London, was read primâ vice.

The Bill to confirm the Assurance of the Man∣nors 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 Majesties 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 23th 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 Thurs∣day the 10th day of this instant December fore∣going.

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

About which hour the Lord Keeper and di∣vers Lords Assembling, Six Bills had each of them one reading; of which the third being the Bill for the Augmentation of the Jointure of Rachell Wife of Edward Nevill of Berling in the County of Kent was read secundâ vice: But no men∣tion is made either of the Commitment or en∣grossing of the same, the supposed cause or rea∣son of which omission see more at large on Mon∣day the 23th day of November foregoing.

The Bill concerning the erecting of a Harbour 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 Commit∣ments of Bills this Parliament were of one and the same nature, wherein the Judges were always appointed to attend the Lords Committees, and never nominated as Joint Committees with them, (as see more at large discussed on Saturday the 7th day of November foregoing) therefore the said Committees names are in this place as in di∣vers others purposely omitted, as being matter of no great moment; yet none of the Judges were appointed to attend upon the Lords Com∣mittees 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 Cray∣ford Prisoner in the Fleet should come to make his humble submission before the Lords in the said House to Morrow by nine of the Clock in the Morning. Vide concerning this matter on Saturday the 19th day of this instant December ensuing.

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

On Tuesday the 15th day of December, Three Bills had each of them one reading; of which the second being the Bill for the erecting and ma∣king a Harbour and Bay on the North part of Devon in the River of Severn for the Safeguard of Men and Shipping, and to the publick good of the Common-Wealth, was read tertiâ vice, and sent down to the House of Commons, for their considerations of the Amendments, by Dr Stan∣hop, Dr Swale and Dr 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,

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Citizens and Burgesses of the House of Commons were not drawn, without much and long dis∣pute both amongst themselves and with the Lords, to yield unto the Grant of three Subsi∣dies 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 threatned to her Majesty from Rome and Spain, with caution and promise neverthe∣less, 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 dan∣gers which had been feared in the above-menti∣oned thirty fifth Year of her Majesties 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 re∣spect 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 15th day of this instant December pass the Upper House upon the third reading, as it had formerly passed the House of Commons on Sa∣turday the 5th day of this instant Month fore∣going, and had been then sent up unto the Lords by Mr Comptroller and others, although the sending up thereof at the said time be very neg∣ligently 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 Mr Serjeant Yelverton, Mr Doctor Stanhop and Mr Doctor Hone.

Upon the humble Petition of William Cray∣ford lately Committed to the Prison of the Fleet, and upon his humble Submission and acknow∣ledgment of his offence, he was by the Order of the Court enlarged and set at liberty. Vide con∣cerning this matter on Saturday the 19th day of this instant December following.

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

About which hour the Lord Keeper and di∣vers other Lords 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 Lords 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 16th 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 & se∣cundâ 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 commit∣ment or ingrossing, the supposed cause or reason of which omission see more at large on Monday the 23th day of November foregoing.

Eight Bills were brought up to the Lords from the House of Commons by Mr Secretary Cecill, 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 Ely and Counties of Cambridge, Huntington, Northampton, Lincoln, Norfolk and Suffolk were each of them read primâ vice; And also the fifth being the Bill for the necessary relief of Souldiers and Mariners was read primâ vice.

A Message was delivered from the House of Commons by Mr Comptroller and others, that the said House was not satisfied concerning the Proviso added by the Lords to the Bill Intituled An Act for the better observation of certain Or∣ders in the Exchequer, and therefore desired Conference with some of their Lordships about the same.

The Conference was yielded unto and ap∣pointed to be this Afternoon in the Outward Chamber.

The Bill Entituled An Act for Reformation of deceits of certain Auditors, &c. being retur∣ned to the House with certain Provisoes and A∣mendments, the Bill with the same was forth∣with twice read and Ordered to be in∣grossed.

Upon Conference with the House of Com∣mons concerning the Bill for Confirmation of Grants made to the Queens Majesty, &c. It was

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agreed by the Committees of both Houses, that certain Provisoes and Amendments should be ad∣ded to the said Bill; which being returned to the House were presently twice read, and so com∣manded to be ingrossed: And thereupon the Bill it self 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 Mr Attorney General and Dr Stanhop.

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

About which hour the Lord Keeper and di∣vers other Lords 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 surround∣ing within the Isle of Ely, &c. The 6th being for the redress of certain Abuses and Deceits used in Painting, The 7th concerning matters of As∣surances among Merchants, And the 8th 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 Lords Committees in the Bill intituled An Act for the better observation of certain Orders in the Exchequer, &c. (who were appointed on Thursday the 10th day of this instant Decem. fore∣going) concerning a Proviso added by the Lords to that Bill, after some debates of the Commit∣tees 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. Where∣upon a question grew between them, Whe∣ther 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 Com∣mons: which doubt being reported by the Lords 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 Pro∣viso. Which Order was by the Lords Commit∣tees 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 Parlia∣ment, a Collection should be made amongst the Lords 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 accord∣ingly: 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 Lords for the said Charita∣ble purpose in former Parliaments, and they to take Order for the distribution of it.

On Thursday the 17th 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 Lords in the House for that (contrary to the Priviledge 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 Armes to answer their doings therein.

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

Two Bills were brought up to the Lords from the House of Commons; of which the first be∣ing the Bill for the Assurance of certain Man∣nors and Lands for part of a Joynture 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 Reforma∣tion of Deceits and Frauds of certain Auditours and their Clerks in making deceitful and un∣true Particulars, was read tertiâ vice, and sent to the House of Commons by Dr Carew and Dr Hone.

The Bill was brought back from the House of Commons intituled An Act for confirmation of Grants made to the Queens Majesty, and of Let∣ters 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 Lords, and sent down again from their Lordships to the House of Commons with divers Amendments; as see on Thursday the 19th day of November, and on Monday the 23th day of the same Month last past, as also on Monday the 7th day, Tuesday the 8th day, Wednesday the 9th day, Thursday the 10th day and Friday the 11th 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 prae∣sens Parliamentum us{que} ad horam secundam post meridiem hujus instantis diei.

About which hour the Lord Keeper and di∣vers other Lords 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 Main∣tenance and Government of the House of the Poor called St 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 Ely and Counties of Cambridge, Huntington,

Page 617

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 Amend∣ments in some part of the body thereof, and the Lord Chief Justice and Mr Attorney were requi∣red 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 Mr Attorney and Mr Dr 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, lyable, &c. was read secundâ vice; but no men∣tion is made either of the Commitment or En∣grossing thereof, the reason or cause of which omission, see more at large on Monday the 23d day of November foregoing.

Conference was desired by the House of Com∣mons with some of their Lordships about the Bill sent to them this day concerning the refor∣mation of Deceits and Frauds of certain Audi∣tors, &c. The Conference was yielded unto and appointed to be presently at the outward Chamber near the Parliament Presence.

On Friday the 18th day of December, Four Bills had each of them one reading; of which the last being the Bill for the Queens Majesties most Gracious General and free Pardon was read primâ vice, and sent to the House of Commons by Mr Attorney General and Mr Doctor Stan∣hop.

Memorandum, that whereas a Bill hath been pre∣sented 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 Up∣per House of Parliament for just and good rea∣sons moving the Lords of the Higher House to the contrary: Yet nevertheless the Lords of the Upper House have thought it meet and convenient that some course might be taken for refor∣mation of any such wrong as may be found truly complained of and fit to be remedied, and for the setling of some good agreement and Or∣der 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 referr'd to the Lord Mayor of London, and the Recorder of London, to be heard and examined, adjudged and Order∣ed 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, Mr Justice Gawdie, Mr Baron Clark and Mr 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 Agree∣ment. And that the said parties complainant, and also the Company of the Plaisterers shall ob∣serve and keep such Order as by the said Mayor, the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, Mr Justice Gawdie, Mr Baron Clark, Mr Attorney General, Mr 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 14th 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 Lords 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 Outlaw∣ries on William Vaughan Gentleman Servant to the Earl of Shrewesbury, contrary to the privi∣ledge 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 de∣pending between the said Crayford and Vaughan should be referr'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 Lords shall make and set down between them. Vide con∣cerning this Matter on Saturday the 19th day of this instant December immediately following.

On Saturday the 19th day of December a Mo∣tion was made in the House, for avoiding of all further controversy between William Cray∣ford and William Vaughan Gentlemen, That for∣asmuch as each of them took mutual Exception one to the other touching the Bonds whereinto they formerly entred by Order of the Court (the said William Crayford alledging that it suf∣ficed not William Vaughan alone to be bound, because his Heirs or some other claiming by and

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from him might trouble and molest him: And that the said Vaughan is insufficient; And the said William Vaughan alledging, that if William Craysord were bound alone, his Sons or Heirs might molest and trouble the said Vaughan with∣out hazard of the Bond) some further Order might thereupon be taken; It was therefore this day Ordered by the Court, that the said Wil∣liam Crayford and his eldest Son Edward Cray∣sord 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 Lords before∣mentioned, or any two of them so as such A∣ward 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 af∣ter 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 Tues∣day 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 prae∣sens Parliamentum us{que} ad horam secundum post meridiem hujus instantis diei.

About which hour in the Afternoon the Queens Majesty was personally present, being accom∣panied 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 Lords Spiritual and Temporal; but what was there done is not mentioned in the Original Journal of the Up∣per House, and is therefore supplied out of a very elaborate private Journal of the House of Commons.

Her Majesty with divers Lords 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, Citi∣zens and Burgesses of the House of Commons had notice thereof, and thereupon repaired thi∣ther with John Crooke Esquire Recorder of Lon∣don their Speaker, who being placed at the Rail or Bar at the lower end of the said Upper House, after he had made three Reve∣rences to her Majesty fitting under a rich Cloth of State, spake to this effect following.

That Laws were not at first made with hu∣mane 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 Obe∣dience 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 Go∣verned Common-Wealth. And that her Ma∣jesty by planting true Religion had laid such a Foundation upon which all those Virtues were so planted and builded, that they could not easi∣ly be rooted up and extirpated. And therefore he did acknowledge, that we ought and do ac∣knowledge 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 pre∣ferr'd the Laws of this Land, which he said were so many and so wise, that there was almost no offence but was met with in a Law. Notwith∣standing 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 duti∣ful 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 Sub∣sidies 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 remembred by some of the Councel that stood near about him, and so spake right as a∣foresaid; and having craved pardon for his of∣fence, 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 Majesties pro∣ceedings 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 Majesties Command∣ment with what brevity I may, that I be not tedi∣ous to my most gracious Sovereign. First she saith, touching your proceeding in the matter of her Prerogative, that she is perswaded 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

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her Subjects, she willingly yieldeth: But she now well perceiveth, that private respects are pri∣vately masqued under publick presence. Second∣ly, touching the presentation of your Subsidy, she specially regardeth two things, both the per∣sons and the manner. For the first, he fell into Commendations of the Commonalty; for the second, the manner, which was speedy, not by perswasion or perswasive inducements, but freely out of duty with great contentment. In the thing which ye have granted, her Majesty greatly commendeth your confidence and Judg∣ment; 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 any thing 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 your self, Mr Speaker, her Majesty com∣manded 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 Epithetes of prolling Justices, Justi∣ces 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 Majesties Assent thereunto, then the Dissolution of the Parlia∣ment followed by the Lord Keeper, which is entred in the Original Journal-Book of the Upper House in these words following, viz.

Dominus Custos magni Sigilli ex mandato Do∣minae Reginae Dissolvit hoc praesens Parliamen∣tum.

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