The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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THE JOURNAL OF THE House of COMMONS.
An Exact and perfect Journal of the Passages of the House of Commons, in the Parliament holden at Westminster, Anno 31 Reginæ Eliz. Anno Domini 1588. which began there (after one Prorogation of the same) on Tuesday the 4th Day of February, and then and there continued until the Dissolution thereof on Saturday the 29th Day of March, Anno Domini 1589.
This Parliament was Summoned about three Months after Gods miraculous preservation of Religion, the Realm and her Majesties Person, from the ambitious and bloody Conquest of the Spanish King: and therefore the House did not only regard their private business, as the passing of Bills, discussing Elections, preserving their Priviledges and the like, with which this Journal is abundantly stored; but also the publick safety of her Majesty and her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths and Tenths and two entire Subsidies, the Clergy also adding two Subsidies of their own, and by desiring her also in the conclusion of this Parliament to denounce open War against the King of Spain, who had so lately invaded her, whom they concluded to have been the Root and Fountain of all the Conspiracies practised, and of all the Rebellions raised against her Majesty.
Although this Parliament had been summoned to have begun and to have been holden on Tuesday the 12th day of November last past; yet it held not, but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the 4th day of February in the thirty first year of the same.
On which said Tuesday the 4th day of February it held accordingly, and her Majesty came in Person unto the Upper House, where Sir Christopher Hatton, being now Lord Chancellor, in her Highness presence declared unto the Lords Spiritual and Temporal, and to the Knights, Citizens and Burgesses of the House of Commons then and there Assembled, how great happiness they enjoyed under her Majesties peaceful and victorious Reign; and that though the Spanish late Wonderful Fleet had been lately defeated, yet there wanted not still power and malice in him against this Nation and her Majesty: and so much the more implacable it may be conjectured he now remains, because of his late defeature and loss before-mentioned. And therefore he shewed, that the cause of the calling of this Parliament was to provide by common Counsel against all his future attempts. And lastly he gave notice to those of the House of Commons to make present choice of some one amongst them to be their Speaker. Whereupon the Knights, Citizens and Burgesses of the said House departing thither, did chuse George Snagg Serjeant at Law for their said Prolocutor; who having modestly disabled himself, was notwithstanding allowed by the House, and thereupon placed by two of the most eminent Personages thereof in the Chair.
Concerning the former Prorogation or this latter days Passages upon the Parliament began, there is not any one word in the Original Journal-Book of the House of Commons, which (as it seemeth) happened through the great negligence of Mr Fulk Onslow at this time Clerk of the said House: For in the first page of the same Journal in the upper part thereof, it is thus written, viz. Martis 4to Februarii, Anno Reginæ Eliz. 31° 1588. and after it the whole leaf is left a blank, with intention doubtless at first that the manner of the beginning of this Parliament on the said day, together with the choice of the foresaid Speaker, should have been inserted at large.
It should seem also that according to her Majesties continuance of the Parliament on the foresaid Tuesday the 4th day of February unto two of the Clock in the Afternoon of the Thursday following being the 6th day of the same Month, the House of Commons sate not this present Wednesday, being the 5th day thereof; and the rather, because their Speaker was not yet presented: which is gathered, as the Passages also of the two former days are transcribed, out of the Original Journal-Book of the Upper House; that so by that means this present Journal might remain perfect.
On Thursday the 6th day of February the Knights, Citizens and Burgesses of the House of Commons having notice about two of the Clock in the Afternoon, that her Majesty and the Lords Spiritual and Temporal were already come unto, and had taken their several places in the Upper House, expecting their attendance, they repaired thither with George Snagg Serjeant at Law their Speaker or Prolocutor Elect, and presented him unto her Majesty; who notwithstanding his humble disablings and excuses of himself, did by the Mouth of the Lord Chancellor signifie her allowance of him: and afterwards also did in like manner Answer to his Petitions of course made in the name of the House of Commons for freedom of Access, liberty of Speech, and freedom from Arrests and Suits; and lastly in his own name for Pardon for himself; That the said House of Commons and himself should enjoy and use all such Priviledges and Freedoms as had in the like case been enjoyed by any others in the times of her Majesties most Noble Progenitors. Whereupon the said Knights, Citizens and Burgesses, with their Speaker, departed to their own House.
Nota, That there is no mention made of the manner of the Presentment of the Speaker before mentioned in the Original Journal-Book of the House of Commons, but only in the upper part of the second leaf thereof is written in one line, Mr Serjeant Snagg Mr Speaker presented, and immediately under it in another line do follow these words, viz. Jovis 6° die Februarii 1588. and after it the whole page is left a blank, except a few lines in the bottom of it, which contain the Bill usually read after the Knights, Citizens and Burgesses of the said House of Commons return to their own House with their Speaker newly admitted upon their Presentment of him. Which said blank page was doubtless left (as those others before mentioned) to the intent and end at the first to have inserted therein the whole form and manner of the said Presentment and Admission.
On Friday the 7th day of February, upon a Motion made unto this House (which had likewise been made yesterday touching matters of the priviledge of this House, it is Ordered that Mr Comptroller, Sir William Moor, Mr Lieutenant of the Tower, Sir George Barnes, Mr Recorder of London, Mr Robert Wroth, Mr Thomas Cromwell, Mr Morrice, Mr Humsry Conisbie and Mr Francis Alford and every of them shall examine such matters of priviledge as shall happen in this present Session of Parliament to come in question, and to make reports thereof unto this House, for the further order and resolution of this House and every of the same cases, as shall appertain.
Upon report this day made by John Butler Esquire one of the Burgesses for the Borough of Malden in the County of Essex, that William Vernon Gentleman also returned the other Burgess for the same, is sick, and not able to give his attendance in the service of this House, and likewise willing and desirous that another be chosen to serve in his place; It is Ordered that a Warrant from this House be made unto the Clerk of the Crown for sending forth a new Writ for chusing another Burgess in the lieu and stead of the said William Vernon.
Upon the like Motion also by Hugh Hare Gentleman, one of the Burgesses for the Borough of Halesmeer in the County of Surrie, made on the behalf of Nicholas Hare Esquire, returned one of the Burgesses for the Borough of Horsham in the County of Sussex; It is Ordered that a like Warrant be made for the returning of another Burgess for the said Borough of Horsham, in the lieu and stead of the said Nicholas Hare.
This day the House was called, and all those that did then sit in the House and were present at the calling of the same, did thereupon severally Answer to their names, and departed out of the House as they were called.
Amongst whom one Master Gerrard Esquire being returned into this House one of the Knights for the County of Lancaster, and also for the County of Stafford, made his choice to appear and stand for the said County of Stafford; and thereupon it was Ordered that a Warrant of this House should be directed to the Clerk of the Crown for her Majesties Writ to chuse a new Knight for the said County of Lancaster in the lieu and stead of the said Mr Gerrard.
Upon a motion this day made by Sir Edward Hobby touching the sundry abuses of returning the Knights and Burgesses into this House this present Session of Parliament, as in some not returned at all, some others returned erroneously, and for some places for which none hath been returned heretofore, and some returned superfluously, as two for one place and one for two places, and other corrupt courses in sundry of the Returns, to the great prejudice both of the liberties and also of the service of this House; It is ordered that it be committed unto Sir William Moore, Sir Edward Hobby, Mr Edward Dyer, Mr Cromwell, Mr Recorder of London, Mr Alford, Mr Francis Hastings, Sir Edward Dymock, Mr Robert Markham, Mr Lieutenant of the Tower, Mr Rowland Watson Clerk of the Crown, and that he do attend as well with the Returns of the Sheriffs as with his own Book of the same Returns certified by him into this House, and to meet in the Exchequer Chamber upon Monday next at three of the Clock in the Afternoon.
And upon a further motion made by Mr Humphrey Conisby for due consideration to be had that the Members of this House may give their better attendance in this House hereafter than hath been of late accustomed, This matter is also referred to the said former Committees, and the said Mr Conisby added unto them.
The Bill touching Informers and Informations upon Penal Statutes was read the second time, and committed unto all the Privy Council of this House, Mr Recorder, Sir William Moore, Mr Grafton and others who were appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon.
On Monday the 10th day of February the Bill touching the benefit of Clergy in some cases of Offenders, was upon the second reading committed unto Mr Cromwell, Mr Secretary Wolley and others, who were appointed to meet in the Star-Chamber upon Wednesday next at two of the Clock in the Afternoon.
Upon a motion this day made by Mr Treasurer, that Mr Robert Knowles Esquire being returned into this House both Knight for the County of Brecknock and also one of the Burgesses for the Town of Reading, and hath made his choice to appear as Knight of the said County of Brecknock; It is ordered that a Warrant from this House be directed to the Clerk of the Crown for another Writ to choose another Burgess for the said Town of Reading, in the lieu and stead of the said Robert Knowles.
Upon motions also made for some Burgesses returned into this Session and which are sick and desirous to have others to serve in their places to be returned upon new Writs, partly by Certificate of the same parties under their hands, and partly by report of some of the Members of this House; It is ordered after sundry arguments, that this Case be considered of by the foresaid Committees this Afternoon (whose names see before on Friday the 7th day of this instant February) and Sir Francis Godolphin, Sir Henry Cobham, Mr Francis Bacon, Mr Francis Moore and Mr Fane are now added unto them.
Mr Treasurer in the name of himself and of the residue of the Committees (whose names see before on Friday the 7th day of this instant February) for examination of the Returns and attendance of the Members of this House, doth shew, that they met yesterday in the Afternoon, and having conferred together about those matters, were of opinion that this House is to take notice of all Returns only in such sort as the same shall be certified unto this House by the Clerk of the Crown in the Chancery and not otherwise, without any intermedling at all with any business of the Sheriffs or of any others in making the Election of any such Member to be Knight, Citizen, Burgess or Baron; but yet that this House hath nevertheless authority in cases where no Return is made at all, to direct their Warrant under the hand of Mr Speaker unto the said Clerk of the Crown Office for her Majesties Writ to go forth for chusing and returning any Knight, Citizen, Burgess or Baron into this House in every such Case where any such shall not before happen to be returned at all. And further, that upon Conference they do find, that no new Knight, Citizen, Burgess or Baron hath been chosen in the place of another being sick, unless the sickness be irrecoverable in all likelihood, as Frensy or such like. And moreover where in the Return of the Burgesses for the Borough of Appleby in the County of Westmerland it appeareth, that in the Indenture returned being razed in the sentence of Election, Laurence Lister and Thomas Musgrave are named Burgesses, and in the sentence for giving them authority being likewise razed, Robert Warcop and Anthony Felton are named with the former hand, they do think it convenient upon the insufficiency and uncertainty thereof that a new Writ be granted for chusing of new Burgesses for the said Borough, and the said former Return not yet received of Record to be utterly disallowed. Which opinion of the said Committees in every behalf was well liked of by this House. And that as concerning better attendance to be given hereafter by the Members of this House for the service of the same House, they think it meet to be redressed by way of Fines or Amerciaments to be inflicted upon such the Members of this House as upon the calling of the House or otherwise shall be found to make such default, or to be much or long absent from the service of this House without Licence or some reasonable cause to be shewed for the same. Which course was also well liked and allowed of by this said House.
And after this report made by Mr. Treasurer, Mr Speaker putting the House in remembrance of some persons already in this present Session allowed by this House to be returned into the place of some others sick, and the Warrants already gone out for the same being repugnant directly to one part of the said report now allowed and liked of by this House, doth desire to know the further resolution of this House touching those persons so now to be newly returned upon the said Warrants. And after some Speeches thereof had not throughly digested, Mr. Chancellor of the Exchequer stood up, and offering to speak of some great matter (but yet without prejudice to the due consideration of the things then in disputation) as very necessary, but yet to be referred to another time, putteth the House in mind of the prosperous and quiet state of this Realm under her Majesties most happy and Blessed Government by the space now of thirty years.
But what should here follow is very negligently omitted, especially there being almost three entire blank pages left for the inserting of it: but it may probably be conjectured that the chief end and scope of his Speech was, as to set forth the Excellency and Justice of her Majesties Government, so also to demonstrate the great Malice and Cruelty of the King of Spain, backed and assisted by so many Potent Allies; and that therefore it would be most necessary that some timely consultation be had for speedy preparation to be made, whereby to resist all his future attempts. And that lastly he did thereupon move the House to think of some supply to be given to her Majesty both in respect of her late great Charges, and also for the better enabling her to provide for the future safety of her Highness Dominions. And that the latter part of the foresaid Speech of Sir Walter Mildmay Chancellor of the Exchequer was touching some Aid to be given to her Majesty, it is most probable, in respect that the next business which is set down to have followed at the end of his said Speech, is the appointing of these Committees following, to consider of a Bill of Subsidy to be framed for her Majesties Aid, viz. All the Privy Council being of the House, the first Knight returned for every Shire, and in the absence of the first the second, Mr Cromwell, Sir Edward Dyer, Mr Morrice, Mr Beal, Mr Ancon, Mr. Recorder of London, Mr. Skinner, Mr. Doctor Lewin, Mr. William James, Mr. Fairfax, Mr. Thomas Liefield, Mr. Arthur Throckmorton, Mr. Fleming, Mr. Thomas Hamman, Mr. Robinson, Mr. Michaell Sands, Mr. Rugg, Mr. Tasborough, Mr. George Moor, Mr. Richard Brown, Mr. York, Mr. Walter Jones, Mr. Cope, Mr. Alford, Mr. Grimston, Mr. Finns, Mr. Bacon, Sir Henry Gray, Mr. Owtred, Mr. Aldersey, Mr. Hutton, Mr. Humphrey Conisbie, Mr. Robert Sackvile, Mr. John Stubbs, Mr. William Brunker, Mr. Tanfield, Mr. Fanshaw, Mr. Vivian, Mr. Davers, Mr. Sands and Mr. Weeks, who were appointed to meet this Afternoon at three of the Clock in the Exchequer Chamber. Vide Febr. 17.
The Committees touching Informers, (whose names see on Saturday the 8th day of this instant February foregoing) are deferred to Friday next in the Afternoon, which had been appointed on the foresaid Saturday to have met this Afternoon.
Mr Speaker moved the House in the behalf of (Mr Fulk Onslow) the Clerk of the same, that having of late been long sick and yet somewhat recovered, albeit but weak still and sickly, and enjoying his Office by Letters Patents of the Grant of her Majesty to exercise the same by himself and his sufficient Deputy or Deputies, it might please this House in his absence (if he shall happen in regard of his health and necessary ease sometimes to withdraw himself from the exercise of his Office in this House in his own person) to accept therein the attendance and service of such of his own Clerks or Servants, as before his intermedling therein within this House shall first have taken the Oath usually ministred unto all the Members of this House. And thereupon it was so granted and assented unto by this whole House accordingly.
Upon a Motion made unto this House by Mr Puleston Esquire returned into this House Knight for the County of Flynt, that William Aylmer Esquire did since the beginning of this Session of Parliament cause a Subpœna to be served upon him out of the Court of Star-Chamber, to the prejudice of the Liberties and Priviledge of this House, to Answer unto a Bill there containing almost forty sheets of paper, and so praying the Order of this House, offereth forth a Precedent of this House under the hand of the Clerk of this House heretofore in a like Case between one Mr Alban Stepneth a Member of this House, and Mr Anthony Kirle Gent. (which said Case was discussed in the Parliament de Anno 27 Reginæ Eliz. on Wednesday the 10th day, and on Thursday the 11th day of February) which Precedent being read by the Clerk, it was after some Speeches resolved, that the said Mr Aylmer should be called into this House by the Serjeant to Answer the said matter. Whereupon the said Mr. Aylmer being brought to the Bar, Mr Speaker in the name of this House charged him with the said contempt, and required his Answer thereunto; who in all reverent and humble sort shewed, that the said Bill whereupon the said Subpœna was awarded, did concern a wrong not only unto her Majesty, but also unto this honourable House, in an indirect course of proceeding in the Election of the Knights for the County of Denbigh into this present Parliament, procured by the said Mr Puleston; and so intimating, that the said Bill and serving of the said Subpœna did tend to the maintenance (he well hoped) of the Liberties and Priviledges of this House, he was sequestred the House, and the said Mr. Puleston likewise; and then after some further Speeches had, it was, (partly withal for the good opinion that many Members of this House did conceive of the said Mr. Aylmer, being oftntimes heretofore a Member of this House, and an honest and grave Gentleman,) resolved, that the said Cause with the circumstances thereof comprehended in the said Bill should be considered of by some Committees of this House, and so afterwards report to be made of the same accordingly: And that the said Mr. Aylmer should then give his attendance upon the said Committees, and presently withal be left to his own liberty, free from any Custody or restraint of the Serjeant of this House, and shall also be charged by Mr Speaker in the name of this whole House to surcease his said Suit and proceeding against the said Mr. Puleston in the mean time. And thereupon Mr. Vice-chamberlain, Mr. Recorder of London, Sir William Moor, Sir Edward Hobby, Mr. Cromwell, Sir Edward Dymock, Mr. Wroth, Mr. Francis Bacon, Mr. Grymston, Mr. Conisby, Mr. Morgan, Mr. Morrice, Mr. Cook and Mr. Harris were nominated for that purpose, and appointed to meet upon Saturday next at two of the Clock in the Afternoon. And then the said Mr. Aylmer being brought in again to the Bar, Mr. Speaker signifyed unto him the said Order of this House in that behalf, discharging him from the Custody of the said Serjeant, and requiring him to give his attendance upon the said Committees at the said time and place accordingly, and also to forbear any further to proceed in the mean time against the said Mr. Puleston. Whereunto he willingly assented.
Two Bills of no great moment had each of them one reading; of which the second being the Bill to avoid the abuses grown in forestalling, regrating and ingrossing, was read the second time; and after many Speeches and Arguments had upon the same, was committed unto Sir Valentine Dale Master of the Requests, Mr. Recorder of London, Sir Edward Dymock, and others, who were appointed to meet upon Monday next in the Afternoon at two of the Clock in the StarChamber.
The Committees in the Bill touching Clergy in some Cases of offenders (whose names see on Monday the 10th day of this instant February foregoing appointed to meet that Afternoon) is deferred until Tuesday next in the Afternoon at the former House and place.
On Thursday the 13th day of February, Three Bills of no great moment had each of them one reading; of which the last being the Bill to reform disorders of common Inns and other Victualling Houses, was read the second time, and after many Speeches and Arguments committed unto Sir Valentine Dale Master of the Requests, Mr. Francis Hastings, Mr. Cook and others, who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in SerjeantsInn Hall in Chancery-lane.
The Bill touching Orford-Haven was read the second time, and after some Speeches committed unto Mr. Arthur Hopton, Mr. Anthony Wingfeild, Mr. Recorder, Mr. Grymston, Mr. Robinson and others, who were appointed to meet upon this day se'night at two of the Clock in the Afternoon in the Exchequer Chamber.
On Friday the 14th day of February, Four Bills of no great moment had each of them one reading; of which the second being a Bill touching Exactions upon the Subjects of this Realm by the Officers of the Exchequer was read the first time; which said Bill was brought into the House by Sir Edward Hobby, who alledged that the said Exactions did nothing tend to any further profit or commodity of her Majesty.
The meeting of the Committees in the Bill touching Informers (whose names see on Saturday the 8th day of this instant February foregoing) is again deferred (as it had been before on Tuesday the 11th day of the foresaid February last past) till to Morrow in the Afternoon.
Two Bills also of no great moment had each of them one reading; of which the second being the Bill for abridging of Proclamations upon Fines to be levied, was upon the second reading committed unto Mr. Morice, Mr. Broughton, Sir Henry Knivet and others, who were appointed to meet at Serjeants-Inn Hall in Fleetstreet, upon Tuesday next at two of the Clock in the Afternoon.
On Saturday the 15th day of February, Sir Edward Hobby moved (he said) upon good cause, that Mr. Speaker do give admonition unto this whole House, that Speeches used in this House by the Members of the same be not any of them made or used as Table talk, or in any wise delivered in notes of writing to any person or persons whatsoever not being Members of this House, as of late (is thought) hath been done in this present Session: And thereupon by consent of this House admonition was given by Mr. Speaker in that behalf accordingly, shewing unto them that they are the Common Council of the Realm.
A Bill to reform disorders in Purveyers was read the first time. Mr. Treasurer, Mr. Cradock, Sir William Moor, Mr. Harris, Sir Henry Knyvet, Mr. Tasborough, Mr. Palmer, Mr. Francis Bacon, Mr. Cromwell, Sir Edward Dymock, Mr. ViceChamberlain and Mr. George Moor did speak to the Bill; and afterwards it was Ordered upon the question, that the said Bill should be read again this present day for the second reading. Whereupon the same was then presently read again, and upon the question committed unto all the Privy Council being of this House, all those that have spoken to the Bill, Mr Edward Dyer, Mr Robert Wroth, Sir Henry Grey, Mr Hare and others, who were appointed to meet in this House upon Monday next at two of the Clock in the Afternoon: and the same time and place is also appointed for the Committees for Informers, and that the Serjeant of this House do in the mean time repair to the Clerk of the Higher House for the Bill that passed this House this last Parliament touching Purveyers, and was then sent up to the Lords or at least for a Copy of the same Bill, to the end the said Committees may consider of the same in the proceeding of this Bill as shall be thought convenient. And it is also resolved, that such Officers of her Majesties Honorable Household and Court of Green Cloth as shall please to be at the said Committee, may be heard and conferred with touching the purport of the said Bill at their good pleasures. Vide. 27. Febr. postea.
On Monday the 17th day of February the Bill touching the multiplicity of Suits and the excessive number of Attorneys, was upon the second reading committed unto the Knights for the Counties of Norfolk and Suffolk, Mr Recorder of London, Mr Cromwell and others, who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in Serjeants-Inn Hall in Chancery Lane.
Sir Edwad Hobby shewed with his great grief that since the last sitting of this House he hath been of some great personage (being no member of this House) very sharply rebuked for some his Speeches delivered in this House by him upon Friday last, in the setting forth the Bill for reformation of abuses in some Officers of the Court of Exchequer, and that the same his Speeches have been by some (he thinketh of this House) delivered unto the said great personage very untruly, as tending unto all the Officers of the same Court; and so shewing other the particulars as well of his own said former Speeches as of the said untrue report and sinister construction of the same somewhat at large, doth in the end refer himself therein to the testimony of this whole House: And with all praying the good consideration of this House towards him in this his honest and just excuse, as in like former cases hath been erst accustomed towards other Members of this House, and especially in regard of the maintenance and preservation of the antient Liberties of the same, desired, that by some of this House the said great personage may be satisfied of the truth of the case, and also moved to shew the name of the reporter of the said untrue Speech; and to that end citeth unto them two like Precedents of this House, the one in the time of King Edward the 6th and the other of the Queens Majesty that now is. And sheweth further that he thinketh his said Speech by him first delivered in this House was discovered since Mr Speaker his late admonition generally given to this whole House against the uttering of the secrets of this House either in Table-talk or Notes in Writing, and not before. And so concluding giveth due commendation to the said Bill, and prayeth another reading thereof presently, and also all good and speedy course both in the Commitment and other passages of the same. Vide Febr. 27. postea.
Mr Chancellor of the Exchequer sheweth first, that he offereth not to speak to any prejudice of the said motion, but putting the House in remembrance of their charge given unto him and others for Conference to be had touching some convenient supply of Treasure to be had and levyed for the necessary defence of her Majesty and this Realm, now presently in danger of such mighty and great enemies, as erst of late hath been at large delivered unto this House by some Members of the same, declared unto them, that he and the greater part of the residue of the Committees therein, though divers of them did not give that attendance therein which so great and weighty a cause doth require, have met and had Conference together about the same four several times, and that at the last and fourth time of their said conference they resolved upon such an extraordinary proportion of provision as they thought the present extraordinary occasion of necessity doth require, and that they did set the same down in writing, which he also moved might be read unto them, to the end that if it might upon the reading thereof stand with their good liking to allow of it and give their assents unto it, Mr Speaker might then deliver it to her Majesties learned Councel to have the same framed into the form of a Bill to be proceeded in and past in this House; and shewed further, that as the grant of this Contribution is greater than hath been heretofore for the most part ordinarily used to be granted (the present necessity so requiring it) so thinking good amongst them it should not hereafter be an occasion of a Precedent to posterity for the like (without like cause) divers of them were of opinion, that some meet words to such effect might be inserted in the Preamble of the Bill. And shewed further, that one of the Committees, to wit Mr Francis Bacon, had for that purpose set down a Note in Writing, which he said (if it pleased them) they might also hear read, and afterwards (if they so thought good) might also be delivered to her Majesties said learned Councel likewise with the said other note; and that withal the said Mr Bacon might repair to her Majesties said learned Councel for the further proceeding therein with them, if this House should so think good. Whereupon the House liking well of this motion, both the said Notes in writing were read by the Clerk and afterwards agreed by the whole House, that the same Notes should be forthwith delivered by Mr Speaker to her Majesties said learned Councel accordingly, and the said Mr Bacon also to repair unto them.
Sir Henry Knyvet entreth into Speech of some recital of the said grief of the said Sir Edward Hobby, and well liking and allowing of due consideration to be had thereof by this House, reciteth very briefly the whole substance in effect both of the said first Speech of the said Sir Edward Hobby, and also of his said late Motion, and giving due commendation of the same his first Speech and also of his said protestation of excuse, urgeth the present reading and proceeding of the said Bill withal speed. Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to Commitment, it was upon the question Ordered that the same Bill should be presently read accordingly.
And also the report of the Committees in the cause between Mr. Puleston and Mr. Aylmer upon a Motion made by Mr. Nicholas Hare is likewise deferred until then, for lack of convenient time for the same now. Vide concerning this matter on Wednesday the 12th day of this instant February foregoing.
Sir Edward Dymock, Mr. Clark and Mr. Peter Osburn arguing to the Bill of Quo titulo (read the second time in the latter part of the day foregoing) do each of them hold Sir Edward Hobby free and thereby excused of any such Speeches touching the higher Officers of the Exchequer, as he had been charged with and rebuked for. And the whole residue of their Arguments shew no misliking at all of his simile's or words used in the setting forth of the said Bill. Whereupon after sundry other Disputations of other Members of this House had upon the said Bill, it was at last upon the question committed unto Mr. Chancellor of the Exchequer, Sir John Parrot, Mr. George Moor, Mr. Sutton, Sir Edward Dymock and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
Mr. Speaker noting the great disorder in this House by some that standing up and offering to speak sometimes three or four together, and persisting still without offering to give place one of them to another, knowing well nevertheless which of themselves did first stand up, and so by the Order of this House ought to be first heard, but yet expecting by Acclamation of the residue of the House growing for the most part to a great confused noise and found of senceless words, do stand still continuing their offer to speak first, and do also many times in their Motions and Arguments utter very sharp and bitter Speeches, sometimes rather particularly offensive than necessarily with such great vehemency delivered, putteth them in remembrance, that every Member of this House is a Judge of this Court, being the highest Court of all other Courts, and the great Council also of this Realm, and so moveth them in regard thereof, that as in all other Courts, being each of them inferiour to this high Court, such confused courses either of contention, acclamations, or reciprocal bitter and sharp Speeches, terms or words are not any way either used or permitted amongst the Judges of the said Inferiour Courts, or the Councellors admitted in the same Courts, so they would hereafter forbear to attempt the like disorders, as the honour and gravity of this House justly requireth.
Upon a Motion made by Mr. Vice-Chamberlain, that the Committees in the Bill for Purveyors (appointed on Saturday the 15th day of this instant February foregoing) do meet again this Afternoon at three of the Clock; And also that the report to be made by him touching the dealing of the Committees in the cause between Mr. Puleston and Mr. Aylmer be deferred till to Morrow in the Afternoon.
On Wednesday the 19th day of February, Mr. Serjeant Walmesly one of the Committees in the Bill touching the abridging of Proclamations (appointed on Wednesday the 12th day of this instant February foregoing) upon Fines at the Common Law, sheweth, that they have met and conferred upon the said Bill, and having in some parts amended the same, offer another Bill containing the same Amendments.
Mr. Vice-Chamberlain one of the Committees in the Cause between Mr. Puleston and Mr. Aylmer, sheweth, that he and others of the Committees have had Conference together and heard both Parties, and the Councel also of the said Mr. Aylmer at large, and so reciting amongst many of the circumstances delivered unto them touching the said matter, some of the causes moving the said Mr. Aylmer to cause the said Mr. Puleston to be served with a Subpœna to appear in the Star-Chamber, doth in the end shew, that he and the residue of the said Committees were of opinion, that the said Mr. Aylmer had committed a contempt unto this House in prejudice of the Liberties and Priviledges of the same House, which as for his part he wished should not escape unpunished in some sort, so giving very good commendations of the said Mr Aylmer for his humble and dutiful behaviour before the said Committees in the whole course of his dealing with them in the said cause, and shewing withal that he had to his great charge attended now a long time upon the said Committees for their report to this House in the said matter, and had withal ignorantly and yet not without the privity and advice of some learned in the Laws proceeded to the causing of the serving of the said Subpœna, as he was informed, without offence to this House or Liberties of the same, he might (acknowledging his fault and upon his humble submission to be made to this House, and craving pardon for his said contempt) be set at liberty and discharged paying the Serjeants Fees of this House. And afterwards upon sundry other Speeches and Arguments (the whole House agreeing and resolving directly that the said Mr Aylmer had committed the said contempt) and some also moving to inflict some other further punishment upon him (over and besides such his submission to be so made) that he might not only bear the Charges of the said Mr. Puleston sustained touching the said matter of contempt, but also surcease any further proceeding at all against the said Mr Puleston by reason of serving the said Subpœna, but should (if he would) take out another Subpœna after this Session of Parliament ended against the said Mr. Puleston the next Term; and some others again being of a contrary opinion, moved, that the said Mr Aylmer should neither pay the said Mr. Puleston his Charges, nor yet surcease his proceeding against him upon the said Subpœna already served, because the said Mr. Puleston had already voluntarily without the privity of this House, and also since the time of his grief and complaint unto this House exhibited, put in his Answer to the Bill in the said Court of Star-Chamber against him; and the said Answer also being offered forth unto this House and read by the Clerk, it appeared manifestly, that the said Mr. Puleston had voluntarily put in his said Answer to the said Bill, and so was at Issue, in that he pleaded to the said Bill Not guilty; It was upon the question resolved and Ordered by this House, that Mr Aylmer should not only be at his liberty to proceed in his said Suit without offence to this House, but should also upon his humble submission to be made to this House be discharged of his said contempt paying his Fees to the Serjeant of this House.
And then it was thought good the said Mr Aylmer might be called in and heard what he could say for himself in the matter; and (the said Mr Puleston being sequestred) he was brought presently to the Bar, and charged by Mr Speaker with the said contempt; who humbly shewed, that if it were a contempt, it was done by him simply and ignorantly and no way arrogantly, and without all peril of contempt to this House as his Councel had informed him, and therefore humbly submitting himself craved their pardon; and thereupon being sequestred the House again, it was after sundry other Speeches upon another question resolved, that the said Mr Aylmer should likewise upon his said humble submission be discharged of his said contempt, paying only the Serjeants Fees. Which done, the said Mr Aylmer was brought in again by the Serjeant, and Mr Speaker pronouncing unto him the said Judgment of this House, both for his Licence to prosecute his said Suit in the Star-Chamber, and also for his liberty and discharge of the said contempt, the said Mr Aylmer yielding unto this honourable House his most humble thanks, departed and went his way. Vide concerning this business upon Wednesday the 12th day, and on Monday the 17th day of this instant February foregoing.
Mr Vice Chamberlain shewed, that he and others the Committees in the Bill concerning Purveyors have met, and also have had Conference together with some of her Majesties Officers of the Green-Cloth, and according to the Commission of this House. And further, that they have in some parts amended the said Bill, and also added a Proviso thereunto, such as they think fit both for her Majesties Service, and also for the better passage of the Bill and relief of the Subject. And prayeth the same Amendments and Proviso may be read. Which said Amendments and Proviso were thereupon twice read accordingly. Which done, there followed sundry Speeches upon the same Amendments and Proviso. And so for that time it was left at large without any further course or question to ingrossing or any thing else, the time being far spent and the House ready to rise.
The Bill touching Quo titulo ingressus est was delivered to Sir Edward Hobby one of the Committees in the same. The Bill concerning common Inns and Victualling-Houses was delivered to Mr. Prat one of the Committees in the same Bill. And the Bill touching multiplicity of Suits and the excessive number of Attorneys was delivered to Mr. Heydon one of the Committees in the same Bill.
On Thursday the 20th day of February, Three Bills of no great moment had each of them one reading; of which the last being the Bill for relief of Thomas Haselrigg Esquire, was upon the second reading committed unto Sir Richard Knightley, Sir Henry Knyvet, Mr. Recorder of London and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber.
Mr. Vice-Chamberlain one of the Committees in the Bill touching Informers and Informations upon penal Statutes sheweth, that he and such other of the Committees as were met together yesterday in the Afternoon, had conferred together upon the same Bill, and then had amended it in some parts thereof, as they upon good considerations in their own conceits thought convenient. And so offering the said Bill in such sort amended, delivered in the same to be further dealt in by this House as this House should think good. And withal moved further, for avoiding of confusion hereafter, and for a more orderly and speedy proceeding of this House in the making of Laws, that they would from henceforth in their Commitments use to name a fewer number than they have hitherto in this Session of Parliament for the most part used to do. And that those so to be named should give better Attendance in the same Commitment than hitherto they have done this Session. And further, that at each meeting of the same Committees at the times and places appointed for the same, the names of all the said such Committees should then be first read, and if the more part of them, or at least the one half of them shall be present, then the more part or one half of them to proceed to Conference accordingly or else not. Which Motion was well liked of and allowed.
Sir John Parrot one of the Committees in the Bill of Quo titulo ingressus est, sheweth, that by reason of the great time spent yesterday in the Commitment of the Bill touching Informers and Informations upon penal Statutes, he and the residue of the said Committees in this Bill could not end their Conference in the same; And therefore moved another meeting again about the same this Afternoon; and that her Majesties learned Councel might also be there with them. Whereupon for that it was then Answered by Mr. Vice-Chamberlain, that her Highness said learned Councel could not be there this Afternoon, but were (he well knew) to be elsewhere imployed all the same whole Afternoon; It was resolved that the said Committees should nevertheless then meet together, and proceed in the said Conference as much as they could in the mean time, until a further time might be afterwards taken for her Majesties said learned Councel to be with them.
On Friday the 21th day of February, the Bill for the true payment of the Debts of Thomas Hanford, was upon the second reading committed unto Mr. Comptroller, Sir Henry Knyvet, Mr. Alford, Mr. Hare, Mr. Grafton and Mr. Francis Moor, who were appointed to meet to Morrow Morning at seven of the Clock in the Committee Chamber of this House; and then Mr. Hanford to attend the said Committees: and also the Bill that passed in the last Parliament from this House to the Lords, to be also delivered to the said Committees; both which Bills were then delivered to Mr. Comptroller.
Upon a Motion made by Mr. John Stubs it is Ordered, that Thomas Drury may with his free liberty by the priviledge of this House attend the Committees in the Bill for the relief of Thomas Haselrigg Esquire, exhibited into this House against him, and also to prosecute in the same cause without any molestation or arrest during the pleasure of this House. Vide March 7. March 18, & Mar. 19. following, & Mar. 21.
Upon a Motion made by Mr. Harris, that divers Members of this House having Writs of nisi prius brought against them to be tried at the Assizes in sundry places of this Realm to be holden and kept in the Circuits of this present Vacation, and that Writs of Supersedeas might be awarded in those Cases in respect of the priviledge of this House due and appertaining to the Members of the same; It is agreed, that those of this House which shall have occasion to require such benefit of priviledge in that behalf, may repair unto Mr. Speaker to declare unto him the state of their Cases, and that he upon his discretion (if the Cases shall so require) may direct the Warrant of this House to the Lord Chancellor of England for the awarding of such Writs of Supersedeas accordingly.
Upon a Motion made by this House that ...... Saintpole Esquire, one of the Knights in this present Parliament for the County of Lincoln, being also Sheriff of the said County of Lincoln at this present time, might have Licence by this House to depart into the Country about the attendance of his said Office of Sheriffwick; It was granted and agreed that he might so do accordingly.
Nota, That by this it appeareth to be a thing no ways strange or in it self incompetible for a Sheriff of any Shire to be a Member of the House of Commons, and there to perform the service of that House: And that the Licence given to such at any time to depart, is no other than is at any time vouchsafed of course to the Members of that House upon any urgent occasions by them alledged requiring their absence for some time, be it longer or shorter, of which also there is a remarkable Precedent in the Journal of the House of Commons de Anno 27 Reginæ Eliz. upon Friday the 4th of December, and another Precedent also in the same Parliament upon Tuesday the 23th day of February de anno isto prædicto 27 Reginæ Eliz. yet was there a Precedent in this very Case otherwise adjudged by the House after much dispute upon Wednesday the 4th day of November in the Parliament de anno 43, & 44 Reginæ Eliz. Anno Domini 1601. Where Sir Andrew Nowell being Sheriff of the County of Rutland, was afterwards Elected one of the Knights for the same, and so compelled to return himself; which perhaps also may make the difference in the Case, and that where any man is first Elected a Member of the House of Commons and afterwards made Sheriff of some County, his first Election stands good. Vide etiam Dec. 2. de anno isto 43.
The Proviso to the Bill concerning Purveyors was twice read, and in the Bill these words [or within] were interlined in one place of the said Amendments in the said Bill, and inserted in the Bill by Order of this House, which were also twice read, and so the Bill and Proviso Ordered upon the question to be ingrossed.
Four Bills also of no great moment had each of them one reading; of which the last being the Bill for repealing of certain Statutes was read the second time, and upon the question committed unto Mr. Cromwell, Mr. Broughton, Mr. Edward Dyer, Mr Grafton and others, who were appointed to meet upon Tuesday next at SerjeantsInn Hall in Chancery Lane at two of the Clock in the Afternoon.
The Committee in the Bill touching OrfordHayen (who were appointed on Thursday the 13th day of this instant February foregoing) is deferred till to morrow in the Afternoon at two of the Clock in the place formerly appointed.
The Committees in the Bill against multiplicity of Suits and the excessive number of Attornies (who were appointed on Monday the 17th day of this instant February foregoing) is appointed to be dealt in at one of the Clock in the Afternoon of this present day.
The Commitment in the Bill touching the benefit of Clergy in some cases of offences (who were appointed on Monday the 10th day of this instant February foregoing) is appointed to be dealt in this present day at two of the Clock in the Afternoon in the Exchequer Chamber, and the Bill was delivered to Mr Wroth.
The Commitment in the Bill touching Common Inns and other Victualling-Houses is appointed to be dealt in (who were appointed upon Thursday the 13th day of this instant February foregoing) on Wednesday next at two of the Clock in the Afternoon, in the former place (being the 26th day of this instant February following,) and the Bill was delivered to Mr George Barne.
On Saturday the 22d day of February, Two Bills of no great moment had each of them one reading; whereof the second being the Bill for the relief of George Ognell Esquire was upon the second reading, and upon the question committed unto Mr Henry Brooke, Mr Serjeant Walmesley the Knights for the Shire of the County of Warwick and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber.
The Bill for the assurance of the Jointure of Ann the wife of Henry Nevill Esquire was read the second time, and upon the question Committed unto Sir Edward Hobby, Mr Cook, Mr Cradock, Mr Francis Bacon and others, who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the StarChamber.
Three Bills which had this day passed the House upon the third reading, were sent up to the Lords by Mr Vice-Chamberlain, Sir John Parrot and others, with commendations and request for their Lordships favourable expedition; of which the two last were one touching Purveyers, and the other touching Proclamations in Fines.
Mr Comptroller one of the Committees in the Bill for the true payment of the debts of Thomas Hanford reporteth their meeting together, and that Hanford himself was present with his Councel, and also the Councel of another Gentleman, and referreth the residue of the report to Mr Grafton one other of the same Committees, who likewise making a further report of the same, especially touching the allegations made to them by the said Thomas Hanford and his Councel, and afterwards upon some further speeches the Bill then rested to be presently amended in some things before thought fit by the said Committees, but not as then yet set down in writing.
The Bill touching the free Grammer School of Tunbridge in the County of Kent was upon the second reading committed unto Mr Cook, Sir Edward Dymock, Sir Edward Hobby, Sir George Cary and others, who were appointed to meet upon Tuesday next in the Star-Chamber at two of the Clock in the Afternoon.
Two Bills also of no great moment had each of them one reading; whereof the second being the Bill touching Mortmain, was upon the second reading committed unto Mr Treasurer, Sir John Parrot, Sir Edward Hobby, Sir William Moore and others, who were appointed to meet on Thursday next at two of the Clock in the Afternoon in the Exchequer.
Mr Serjeant Puckering and Mr Doctor Ford did bring from the Lords three Bills; of which the two last were one for reviving of a Statute made in the 23d year of her Majesties Reign for repairing of Dover Haven, and the other for repairing of the Pier of Hartilpool, with their Lordships like requital of commendation for the furtherance of this House in the said two Acts for Dover Haven and Hartilpool, as their Lordships erst this present day received from this House for their Lordships furtherance in expediting of the Bills concerning Purveyors and the abridging of Proclamations in Fines, &c. brought this day unto their Lordships from this House.
Mr Chancellor of the Exchequer, one of the Committees in the Bill touching Quo titulo ingressus est, reporteth the meetings and Conferences of the Committees at sundry times, and that in the end they thought good for divers respects to alter some things in the said Bill, and so to make a new Bill, which he offered unto this House together with the old Bill, and praying the new Bill might be read, the same new Bill was thereupon read accordingly: which being then read, it was after some Speeches upon the same reading then further declared by the said Mr Chancellor, that Mr Osburn the Treasurer's Remembrancer in the said Court of Exchequer had been with them in the said Committment, and not only satisfied the said Committees very truly, that he could not erst use any other course of dealing in the said Office than hitherto he hath done, as having no warrant to the contrary; so did he also very willingly and honestly for his part give his assent and good liking to the passing of this Bill, and professed to be ready and well pleased to follow the rule of the same when it shall be established for a Law, which then may be good Warrant unto him in that behalf, like as he would have been contented so to have done before if he might safely and lawfully avowed the same. And so thereupon moved (for the better expediting of the said Bill) another reading presently, and that thereupon the said Bill may be Ordered to be ingrossed, which was so then read again, and upon the question Ordered to be ingrossed accordingly.
Mr Cromwell one of the Committees in the Bill for Orford-Haven reporteth the meeting of the Committees and their travel in the same, and sheweth some Amendments made by them in the said Bill, and their reasons for the same; which Amendments were then thereupon twice read accordingly, and so the Bill upon the question Ordered to be ingrossed.
The Bill for the true payment of the Debts of Thomas Hanford delivered into this House on Saturday last by some of the Committees with these words stricken out viz. [with assent of the said Thomas Hanford] and this word [or] likewise stricken out and in stead thereof this word [and] put in; the said word [and] being twice read, the Bill was upon the question Ordered to be ingrossed.
Upon a Motion made touching Conference to be had in the Commitment of the Bill for relief of George Ognell Esquire, and that Trussell the adverse party being now in Execution in one of the Counters of London, might be heard before the said Committees without peril of an escape if he should be brought to Westminster; It is agreed, that the Committees which were appointed to have met this day in the Afternoon about that matter in the Star-Chamber, do meet in the Guild-Hall where the said Trussell may be brought before them with his Keeper without danger (as it is thought) of an escape in the said Execution.
On Tuesday the 25th day of February, Three Bills had each of them one reading; of which the first Mr. Cradock offereth unto this House, being for continuance and perfecting of divers Statutes, and praying the same might be read, the same was thereupon then read accordingly for the first reading.
Mr. Francis Bacon one of the Committees in the Bill for the assurance of the Jointure of Anne the Wife of Henry Nevill Esquire sheweth, that divers of the said Committees had met together in Conference about the said Bill, and for certain considerations by him then alledged had amended something in the said Bill, and also added something to the same. Which Amendments and Additions being opened to the House and twice read accordingly, the said Bill was afterwards upon the question Ordered to be ingrossed.
Mr. Recorder moved touching the want of one of the Barons of New Rumney in the County of Kent not returned into this House, but yet (he said) duly Elected as he was informed under the Seal of the Corporation of the said Town of New Rumney; And further shewing, that he thought the Precedent thereof might tend to the prejudice both to the Liberties and also to the service of this House, prayed consideration of this House therein. Whereupon after sundry other Speeches and Argument to the like effect by others, it was at last Ordered, that the state of the Case should be further examined by the former Committees of this House appointed for such Cases of Returns as should happen to fall out during this present Session of Parliament. Whose names then being read by the Clerk, they were appointed to meet at the Rolls this present day at two of the Clock in the Afternoon, and a note of the names of the said Committees was then delivered by the Clerk to Mr. Cromwell one of the said Committees.
Mr. Damport moved neither for making of any new Laws nor for abrogating of any old Laws, but for a due course of proceeding in Laws already established, but executed (he thinketh) by some Ecclesiastical Governour contrary both to the purport of the same Laws and also to the minds and meanings of the Law-Makers, to the great hurts and grievances of sundry her Majesties good Subjects; and so offereth some particularities in writing to the effect (he said) of his Motion, praying the same might be read, and committed to be further considered of and dealt in, as this House should think good.
Mr Secretary Wolley putteth the House in remembrance of her Majesties express inhibition delivered to this House by the Mouth of the Lord Chancellor at the beginning of this Session of Parliament touching any dealing with Ecclesiastical Causes; And shewed for his own part, that he thinketh this House should incur contempt to her Highness, if contrary to that inhibition they should deal in the said matter last moved. Whereupon the said matter in writing was then received, but not then read at all, and was afterwards without any thing done more therein delivered back again by Mr. Speaker unto the said Mr. Damport upon Monday the 17th day of March following in the Forenoon of the same day, before the said Mr. Speaker went to the Parliament House.
Mr Serjeant Shuttleworth and Mr Doctor Clark do bring word from the Lords, that their Lordships do desire that four or five of this House do confer with their Lordships touching a Bill for abridging of Proclamations to be had upon Fines to be levied at the Common Law, lately passed this House and sent up unto their Lordships from this House; It was Ordered, that Mr Secretary Wolley, Mr. Recorder, Mr. Cook, Mr. Serjeant Walmesley, Mr. Francis Bacon, Mr. Morrice, and Mr. Harris should presently wait upon their Lordships therein, who so did thereupon accordingly.
The Bill concerning Process and Pleadings in the Court of Exchequer, passed this day in this House, was sent up to the Lords by Sir John Parrot and others, with request to be made unto their Lordships from this House, for their Lordships good and favourable expediting of the Bill for reformation of certain abuses by Purveyors lately sent unto their Lordships by this House.
Mr. Wroth moved for better attendance to be continued and used by the Members of the House in the service of the same House, that none after the House is set do depart before the rising of the same House, unless he do first ask leave of Mr. Speaker, upon pain that every one hereafter doing the contrary do pay for every time six pence to the use of the Poor. And it was thereupon assented unto by the whole House accordingly.
Two Bills of no great moment had each of them one reading; of which the second being the Bill touching secret Outlawries was read the first time, and upon further Motion read again for the second reading, and committed unto Mr. Serjeant Walmesley, Sir Henry Knyvet, Mr. Cradock, Mr. Cromwell, Mr. Cooke and others, who were appointed to meet at two of the Clock in the Afternoon at Serjeants-Inn Hall in Fleetstreet.
The Bill touching Writs of Covenant, &c. was upon the second reading committed unto Mr. Harris, Mr. Drew, Mr. Cooke, Mr. Morrice, Mr. Wroth and others, who were appointed to meet at Serjeants-Inn Hall in Chancery-lane, upon Thursday next at two of the Clock in the Afternoon.
Mr. Sollicitor and Mr. Doctor Cary do bring from the Lords the Bill for abridging of Proclamations to be had upon Fines to be levied at the Common Law lately passed this House with some Amendments, viz. in the eleventh line between the word [terms] and the word [next] to put in the word [holden] and to put out the words following, viz. [unless it be] &c. and all the words following unto these words [and that] in the fifteenth line; which being opened unto the House by Mr. Speaker, the said Amendments were accomplished and perfected with all the due readings and passage of the same Bill so amended accordingly.
The Committees names in the Bill touching the free Grammar School of Tunbridge in the County of Kent, appointed on Saturday the 22th day of this instant February foregoing were read by the Clerk, and the Committees appointed to meet at the Rolls at two of the Clock in the Afternoon of this present day; and the Bill with a note of the said names was delivered then to Sir Edward Dymock one of the said Committees.
The Committees names in the Bill for repeal of certain Statutes (appointed on Friday the 21th day of this instant February foregoing) were read by the Clerk, and the Committees appointed to meet at the Rolls at two of the Clock in the Afternoon of this present day; and the Bill with a note of the said Committees names was then delivered to Mr. Cromwell one of the said Committees.
The Bill touching Mortmain, with a note of the names of the Committees in the same, was delivered to Humfrey Waring Servant to Mr. Aldersey, one of the Committees in the same Bill, to be by him delivered to the said Mr. Aldersey; but it appeareth not certainly in what place or upon what occasion the said Bill was delivered to the Servant of the above-named Mr. Aldersey; for although it be Entred in the Original Journal-Book of the House of Commons amongst such other matters as were debated in the House, yet it is most probable it was delivered unto him out of the House, either after or upon the very rising thereof.
On Wednesday the 26th day of February, the Bill concerning Captains and Souldiers was read the first time, and argued unto by Mr. Outred, Sir Edward Dymock, Mr. Cromwell, Sir Henry Knyvet, Mr. Treasurer, Mr. North and Mr. Markham; and afterwards Mr. Cromwell, Mr. Outred, Mr. Serjeant Walmesley, Mr. North, Mr. Wroth, Sir William Moor, Sir Edward Dymock, Sir Henry Knyvet, Mr. Markham and Sir Ralph Bourchier, were appointed to Article to the said Bill, and to meet this Afternoon at two of the Clock in the Exchequer Chamber; and the Bill was delivered to Mr. Cromwell.
Upon a Speech used by Mr. Alford purporting, that some that had spoken to the said Bill had uttered some words of rejecting the same Bill and casting it out of the House, where in very deed there was no such Speech used at all by any that had spoken to the said Bill, nor yet any word tending to such effect; It was upon the Question resolved by the Judgment of the whole House, that there had been no such Speech used at all by any of them that did speak.
Mr. Francis Bacon one of the Committees in the Bill concerning Forestallers, Regraters and Ingrossers, shewed the meeting and travail of the Committees in the said Bill, and that they had made a new Bill, and shewing the reasons moving them so to do sufficiently and at large, offereth in the end the new Bill, and prayeth the good and speedy expediting of the same.
Mr Serjeant Puckering and Mr Sollicitor do bring word from the Lords, that their Lordships have this morning received a Message from her Majesty delivered unto them by two of the Lords of her Majesties most Honourable Privy Council, which Message their said Lordships of the Upper House do mind to impart unto this House, and pray that some convenient number of this House may to that end be appointed to meet with fourteen of their Lordships in the Room next to the Higher House of Parliament either this present Forenoon, or else to Morrow in the Forenoon at the choice of this House; and so requiring the answer of this House presently, they departed, and stayed without in the mean time. Where the said Message being opened by Mr Speaker, It was resolved upon the Question, that twenty eight or thirty of this House should attend upon their Lordships this present Forenoon accordingly. And then the said Mr Serjeant Puckering and Mr Sollicitor being called in again, and receiving the answer of this House by the Mouth of Mr Speaker, all the Privy Council being of this House and now present, viz. four, Sir Henry Cobham, Sir Henry Gray, Sir William Moore, Sir Edward Dyer, Sir George Bary, Sir Edward Hobby, Sir Edward Dymock, Sir Henry Knyvet, Sir Thomas Palmer, Sir George Moore, Mr Serjeant Walmesley, Mr Francis Hastings, Mr Alford, Mr Wroth, Sir Richard Knightly, Sir Robert Jermin, Mr Heydon, Mr Recorder of London, Mr Beamond, Mr Cook, Mr Beale, Mr Cradock, Mr Markham Mr Lieutenant of the Tower, Mr Tho. Knivet, Mr Cromwell, Mr Richard Brown, Mr Conisby, Sir Philip Butler and Mr. Outred were nominated and sent up to the Higher House to attend the said fourteen Committees of the Lords touching their imparting unto this House the said Message delivered unto them from her Majesty, and the paper Bill touching Purveyors was deliver'd to Mr. Cromwell one of the said Committees, and the Note of the Committees names to Mr. ViceChamberlain.
Mr Recorder one of the Committees in the Bill for Reformation of disorders of common Inns and other Victualling Houses, shewed the meeting and travail of the Committees, and some Causes which moved them to deal only with that part thereof which concerneth Casks and the Gaging of Vessels for Beer and Ale, and so offereth a new Bill for that purpose, with request for good expediting thereof.
Mr. Apsley moved this House touching the great inconveniences grown by the great number of Pluralities and Non-Residents, and offereth a Bill for Reformation thereof, praying the same might be presently read, which was so done by the order of the House accordingly.
The Council and the Residue returned from the Lords, and Mr. Treasurer reported that my Lord Treasurer shewed them that the Message from her Majesty delivered this day unto the Lords of the Upper House, was concerning two Bills lately passed this House and sent to the Upper House, the one concerning Purveyors and the other touching Process and Pleadings in the Court of Exchequer, a thing misliked of her Majesty in both those Cases, the one tending to the Officers and Ministers of her own Household, and the other to the Officers and Ministers of her own Court of her own Revenues; in both of which if any should demean themselves any way unlawfully or untruly, her Majesty was of her self (he said) both able and willing to see due Reformation, and so would do to publick example of others upon any of the said Officers or Ministers which at any time should be found to offend in any particularity either in her said Household or in her said Court. Whereupon after sundry Motions, Speeches and advices what might best be done for satisfying her Majesty of the doings of this House concerning their dealings in both the said Bills either by way of excuse or confession or otherwise howsoever; It was in the end resolved to make choice of some Committee of this House both to consider further of the course, and also to search such Precedents as might best serve for that purpose; And then were named the said former Committees, and Mr. John Hare, Mr. Morrice, Mr. Clark, Mr. Liefield, Sir Francis Gudolphin and Mr. Augyer were added unto them, and appointed to meet to Morrow in the Afternoon at two of the Clock in the Star-Chamber. Vide concerning this business on Monday the 17th day of this instant February foregoing, & in principo bujus diei; and touching the other matter, being the Bill of Purveyors, see upon Saturday the 15th day of this instant February last past, & de utrisq; materiis vide diem Martis diem 4 Martii sequentem, & diem Jovis diem 6. ejusdem mensis, & diem Sabbathi diem 8. & diem Lunæ diem 17.
On Friday the 28th day of February, Four Bills of no great moment had each of them one reading; of which the last being the Bill for maintenance of the Pier of Hartilpool was upon the second reading committed unto Mr George Cary, Mr Stubbs, Mr Beale, the Burgesses of Newcastle, Lin and Yarmouth and others, who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock; and the Bill was delivered to Sir Edward Hobby one of the said Committees.
The Bill also touching Costs to be recovered against common Informers had its first reading, and upon a further Motion was read again for the second reading, and upon the question Ordered to be Ingrossed.
Upon some Motions had touching a Scruple conceived yesterday by some few of this House upon putting of the Bill of Subsidy to the question of Ingrossing, it was by divers and sundry Members of this House at this time delivered in their Speeches, that it was not any way meant by any Member of the House to have the said Bill then longer deferred from ingrossing upon that question in any other respect than only to the end that some such as then seemed to offer some Provisoes or Speeches to the said Bill, might first be further heard; and partly also that some other necessary Bills for the Common-Wealth might the better be treated of and expedited in the mean time before the said Bill of Subsidy (if it were so soon ingrossed) were prepared so ready to the passing, upon their conjectural opinions that when the Subsidy Bill were once passed the House, the end of this Session of Parliament was like to ensue shortly after. And then afterwards the said Bill was upon the question Ordered to be ingrossed accordingly.