Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth. Originally published by T. Basset, W. Crooke, and W. Cademan, London, 1680.
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October 24th - February 9th
ANno Dom. 1597. & Regni Eliz. Reginæ 39. die Lunæ 24. Mensis Octob. Inchoatum est Parliament. Westmonasterii in Domo consuet. quo die Regina & diverst Domini tam Spiritual quam Temporal. viz. Archiepiscopus Cant. Tho. Egerton Miles Dominus Custos Magni Sigilli, Dominus Burleigh Dominus Thesaurarius Angliæ, Marchio Winton, Comes Sussex Magnus Marescall. Comes Nottingham Magnus Scenescall. eight other Earls, one Viscount, fifteen Bishops, and twenty three Barons, were present; whose Name are particularly set down in the Journal-book.
Dicto 24. die Octob. viz. primo die hujus Parliamenti, introduct. est Breve quo Archiepiscopus Ebor. præsenti Parliamento interesse summonibatur, & admissus est ad suum præheminenciæ sedendi locum, salvo jure alieno. Consimilima Brevia introduct. sunt 4 Comitibus, 10 Episcopis, & 5 Baronibus.
The Lord Keeper's Speech.
THE Queens most excellent Majesty, my most gracious and dread Soveraign, hath commanded me to declare unto you, my Lords and others here present, the Causes which have moved her Highness to Summons this Parliament at this time; which before I can express, I must confess truely, that the Royal presence of her Majesty, the view of your Lordships and this honourable Assembly, together with the consideration of the weightiness of the service, and of my own weakness, doth much appale me, and cause me to fear.
Wherefore, if either through fear I forget, or through the many wants and imperfections which I have, I fail to perform that duty which is required, I do most humbly crave pardon of her Majesty, and beseech your Lordships to bear with me.
The great Princely Care which her Highness now hath, as heretofore she hath ever had, to preserve her Kingdoms in Peace, and safe from all forreign Attempts, hath caused her at this present to assemble this honourable and great Council of her Realm, to advise of the best and most needful means whereby to continue this her peaceable and happy Government, and to withstand the malice of her mighty and implacable Enemy; which hitherto, by the space of many years, through her provident and Princely wisdom, hath been performed, to the great and inestimable benefit of her Subjects, as that the simplest amongst them could not but see, and the wisest but admire their happiness therein; the whole Realm enjoying Peace in all security, when our Neighbour-Countries have been torn in pieces, and tormented with cruel and bloody Wars.
This her Majesty is pleased to ascribe to the mighty power and infinite mercy of the Almighty: And therefore it shall well become us all, most thank-fully upon the knees of our hearts, to acknowledge no less unto his holy Name; who of his infinite goodness still preserve her Highness, and send her many years more over us in all happiness to reign.
In this her blessed Government her Highness chief care and regard of all, hath been of the honour and service of the Almighty God, that true Religion might be planted and entertained in the hearts of her People through all the parts of her Realms; and as well in that behalf, as for the peace and benefit of her Subjects, the hath from time to time established many good Laws to meet with the Disorders, and to punish the offences of wicked and ungodly men, that continuing in their bad ways, they may not be hardened and go forward in their wickedness: for Mora in peccato, dat incrementum sceleri. And whereas the number of the Laws already made are very great, some also of them being absolete andworn out of use; others idle and vain, serving to no purpose; some again overheavy and too severe for the offence; others too loose and slack for the faults they are to punish; and many of them so full of difficulties to be understood, that they cause many controversies and much trouble amongst the Subjects :
You are to enter into a due consideration of the said Laws; and where you finde superfluity, to prune and cut off; where defect, to supply; and were ambiguity, to explain; that they be not burthensome, but profitable to the Common-wealth: Which being a service of importance, and very needful to be required, yet as nothing is to be regarded, if due means be not had to withstand the malice and force of those professed Enemies which seeks the destruction of the whole State,
This, before all, and above all, is to be thought of, and with most endeavour and care to be provided for: for in vain are Laws made, and to little purpose will they serve, be they never so good, if such prevail as go about to make a Conquest of the Kingdom, and destruction of the People.
Wars heretofore were wont to be made either out of Ambition to enlarge Dominions, or out of Revenge to requite Injuries; but this against us is not so; In this the holy Religion of God is sought to be rooted out, the whole Realm to be subdued, and the precious life of her excellent Majesty to be taken away; which hitherto, by the powerful hand and great goodness of the Almighty, have been preserved, maugre the Devil, the Pope, the Spanish Tyrant, and all the mischievous designes of all her Enemies.
Wherefore it is high time that this be looked into, and that no way be lest unsought, nor means unused, that may serve for defence thereof. Her Majesty hath not spared to disburse a mass of Treasure, and to sell her Land for the maintenance of her Armies by Sea and Land, whereby, with such small helps as from her Subjects hath been yielded, she hath defended and kept safe her Dominions from all such forcible attempts as have been made; which being still to be performed by insinite Charge, her Majesty notwithstanding hears of nothing more unwillingly than of Aids and Subsidies to be received from her People; though what she doth receive, she doth carefully bestow, and infinitely more of her own.
The Taxations at this day, howsoever they seem, are nothing so great as heretofore in the Reigns of former Kings they have been. In the times of Edw. 3. and the two next before him, and those three which succeeded next after him, the payments of the Commons then did far exceed any that have been since her Majesties Reign; which is of Record in the Histories of those times to be seen: but never cause so great to employ great sums of money, as now.
Now therefore you are to consider how to provide needful and convenient Aid, in some measure, to maintain and support her Majesties Charge which at present she is at, and is to continue at, for the defence of the Realm. He cannot be well advised, which in this case will not be forward to contribute and bestow whatsoever he hath: for if with the Common-wealth it goes not well, well it cannot be with any private or particular person. That being in danger, he that would seek then to lay up Treasure and inrich himself, should be like to him that would buste himself to beautifie his house, when the City wherein he dwelleth is on fire; or to him that decketh up his Cabin, when the Ship wherein he saileth is ready to sink. To Spare in that case, is to spare for those which seek to devour all; and to give, is to give to our selves. Her Majesties part being onely carefully to bestow what is delivered into her hands, wherein men performing their duties, there is no cause at all to fear: for the War is just; it is in defence of the Religion of God, of our most gracious Soveraign, of our Native Country, of our Wives, Children, Liberties, Lands, Lives, and whatsoever we have.
Wherefore, not mistrusting your forwardness, that I may not ofsend in too much enlarging this point, as a poor Remembrancer to her Majesty, I shortly say to your Lordships, Quod justum & necessarium est; nothing can be more just, than this War; nothing ought to seem more necessary, than carefully to provide due Maintenance for the same. And, to you of the House of Commons, that you may orderly proceed, and wisely consult of these weighty Causes delivered unto you, her Majesties pleasure is, You should, according to your accustomed manner, go down to the Lower House, and there make choice of some grave, learned, and wise man amongst you, to be your Speaker; who shall be for understanding sufficient, and for discretion sit, as your mouth to signifie your minds, and to make your Petitions known unto her Highness; and him upon Thursday next to present in this place.
Thursday, Octob. 27.
On Thursday, Octob. 27. the Queens Majesty, the Archbishop of Canterbury, Sir Thomas Edgerton Kt. Lord Keeper of the Great Seal, the Lord Burleigh Lord Treasurer, the Marquiss of Winton, the Earl of Sussex great Mareschal, the Earl of Nottingham Mag. Seneschall. six Earls, one Viscount, thirteen Bishops, the Lord Hunsdon Chamberlain, and twenty two other Barons present.
Mr. Serjeant Yelverton, being chosen Speaker of the Lower House, was by divers Knights, Citizens, and Burgesses, brought into the Upper House, and by the hands of Sir William Knolls Controuler of her Majesties Houshold, and Sir John Fortescue Chancellor of the Exchequer, presented to her Majesty; who by a Speech full of Gravity and Modesty, signifying the accomplishment of the duty of the House in making an Election; but he excusing himself by pretence of many disabilities and imperfections, and wishing earnestly that he were of sufficiency to perform the duty of that Place, made humble suit to her Majesty that he might be discharged, and that the Lower House might proceed to a new Election.
Which Excuse was not allowed by her Majesty, as the Lord Keeper delivered by answer; and the Choice of the said Mr. Yelverton being by her Majesty very well approved, and his Sufficiency much commended,
He then proceeded in another Speech, according to the manner, to undertake that Charge and Place, and to present unto her Majesty, on the behalf of the Lower House, certain humble Petitions, viz. For Access unto her Majesty: For the using and enjoying of such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self.
Saturday, 5 Novembris
On Saturday, 5 Novembris, introductum est Breve Thomæ Dom. Grey de Wilton, quo præsenti Parliamento interesse summonebatur, & admissus est ad suum præheminenciæ sedendi in Parliamento loco, salvo jure alieno.
The Petition of the Lord De-la-ware, presented to this House for restitution of the same place in the Parliament which his Ancestors had in the Rank and Order of the Barons, and referred to Committees, viz. to the Lord Treasurer, the Earl of Nottingham Lord Admiral, the Earl of Shrewsbury, Lord Bishop of London, Lord Bishop of Winton, Lord Zouche, Lord Stafford, Lord Windsor, Lord Sheffield, Lord North, Lord St. John of Bletsoe, Lord Buckhurst, Lord Chief Justice of the Common-Pleas, Lord Chief Baron, and Edward Coke Esq; the Queens Atturney; who appointed to meet at the Council-chamber at the Court at Whitehall, on Sunday, Nov. 6. at two of the clock in the afternoon.
Munday, Nov. 7
Munday, Nov. 7. An Act for the speedy satisfaction of her Majesty against Accomptants, Secunda vice lect. and committed to the Lord Archbishop of Canterbury, the Lord Treasurer, the Lord Admiral, three Earls, three Bishops, three Barons, the Lord Chief Justice of England, Mr. Baron Ewens, and Mr. Atturney General, to attend their Lordships; and appointed to meet at the little Council-chamber in Whitehall, to morrow at four a clock in the afternoon.
Thursday, Nov. 10
On Thursday, Nov. 10. the Lord Treasurer made Report to the House, what had been done by the Committees upon the Petition of the Lord De-la-ware; and how it was resolved by them, upon hearing and debating the matter with certain learned Counsel in the Law brought before the said Committees by the said Lord, That the Place which he claimed in the Order and Rank of the Barons, was due unto him, viz. next after the Lord Willoughby of Ersby: which Report being made to the House, and the Voices of all the Lords being demanded, the Opinions of the Committees was allowed by the consent of all the Lords (the Lord Willoughby onely excepted:) And the Lord Keeper was desired to acquaint her Majesty with the Determination of the House, and to know her pleasure concerning the same.
The Lord Treasurer made a Motion to the House, that forasmuch as the Journal-books kept heretofore by the Clerk of the Parliament, seemed to have some Errours in them in misplacing the Lords, so as it was doubted how the same might be of true Record, That it would please their Lordships to take order that the said Books that should from henceforth be kept by the Clerk of the Parliament, may be viewed and perused every Parliament by certain Lords of the House, to be appointed for that purpose; and the List of the names of the Lords, in their order, to be subscribed by them, taking unto them, for their better information, the King at Arms; and that this Order might begin this present Parliament.
Saturday, Nov. 12
On Saturday, Nov. 12. the Bill for taking away the benefit of Clergy from Offenders, against a Statute made Anno 3 Hen. 7. concerning the taking away of women against their wills, was read secunda vice.
Munday, Nov. 14
On Munday, Nov. 14. the Lord Treasurer moved the House, that such Lords as were absent from the Parliament, and had not sent their Proxies; and such others as had made their appearance at the beginning of the Parliament, and have since neglected their attendance, may be admonished to reform the same.
Upon the same day, upon the Petition of the Lord De-la-ware, exhibited to her Majesty concerning his place in the Order of the Barons of the Parliament, and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the fifth of this instant November, and referred the same day upon the reading unto Committees, (as is recorded in the Session of the same day;) the said Committees having at the time and place appointed assembled themselves, and advisedly considered of the said Petition, and of all Arguments that were brought and alleadged both for the Petition and against it, did resolve and determine, That in their opinions the said Petition of the said Lord De-la-ware was just, and that the Place which he sought, was due unto him, viz. to have his place betwixt the Lord Willoughby of Ersby, and the Lord Berkley; being the same place which his great Grandfather had held before, as appeareth by Record. Of which Resolution and Determination, Report having been made by the Lord Burleigh Lord Treasurer, first of the Committees, the tenth of this instant November, in the Session of the same day, as before is recorded, and the same being allowed and approved of by the consent of the Lords Spiritual and Temporal then present in the House; it was thought meet, and ordered, That her Majesty should be acquainted by the Lord Keeper with the Opinion and Resolution of this House: Which having been performed by his Lordship, her Majesty having allowed of the proceedings of this House, and of the determination of the Question touching the place of the said Lord De-la-ware, as hath been declared to this House by the Lord Keeper, it was and is agreed and ordered by her Majesty, and the Lords Spiritual and Temporal, That the Lord De-la-ware should be brought into the House, and placed in the room and order before mentioned, to have place and voice betwixt the Lord Willoughby and Lord Berkley; which was accordingly done this day.
The Lord De-la-ware was brought in his Parliament-robes unto the place aforesaid, by the Lord Zouch, supplying the place of the Lord Willoughby, and by the Lord Berkley, in their Robes, Garter the King of Arms attending them, and doing his service according to his Office.
Tuesday, Nov. 15
On Tuesday, Nov. 15. an Act for the taking away the benefit of Clergy from Offenders, against a Statute made 3 Hen. 7. concerning the taking away of women against their wills unlawfully, together with the Proviso annexed unto it, by the consent of the House was read.
Saturday, Nov. 19
On Saturday, Nov. 19. the absence of the Lord Marquiss of Winton, and the Earl of Huntingdon, severally excused by two of the Temporal Lords; and the like Excuse delivered by the Bishop of Norwich for the Bishop of Chichester's absence.
Report was made by the Lord Keeper, that the Earl of Essex received not his Writ of Summons until the 17th of this month, through the negligence of the Messenger to whom the same was delivered; and now his Lordship wanting health to give his attendance, desired to be excused for his absence, the Earls of Worcester and Southampton testifying of his sickness.
Munday, Nov. 21
Tuesday, Nov. 22
On Tuesday, Nov. 22. a Bill formerly sent to the Commons, with a Proviso from this House thereto added, concerning taking away of Clergy from Offenders that take away women against their wills unlawfully, expedited.
The Committees upon the Bill of Tellers and Receivers, meeting at the little Chamber near the Chamber of the Parliamentpresence, and conferring on the Bill and the Provisoes that were thought on and came in question amongst them, by reason of sundry doubts that were moved, did refer the Bill to her Majesties Atturney-General to be reviewed.
Thursday, Nov. 24
On Thursday, Nov. 24. an Act for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign, concerning tellers and Receivers, prima vice lect. This Bill was renewed by Mr. Atturney-General, by the appointment of the Committees to whom the former Bill was referred, as is mentioned in a Note in the last Session, and brought instead of the former Bill.
Saturday, Nov. 26
On Saturday, Nov. 26. an Act for the explanation and execution of an Act in the thirteenth year of the Queens Majesties Reign, concerning Tellers, Receivers, &c. secunda vice lect. and commanded to be ingrossed.
The Bill for repeal of a Statute made 23 of her Majesties Reign, entituled, An Act for the increase of Mariners and maintenance of Navigation, was brought into the House by the Committees, with an Amendment thought sit to be put into the Bill, the Amendment thrice read, and appointed to be fixed in the Schedule of the Bill.
Munday, Nov. 28
On Munday, Nov. 28. the Bill that was sent from the Lower House with this Title, viz. an Act for the repeal of a Statute made in the 23 year of her Majesties Reign, entituled, An Act for the increase of Marriners and maintenance of Navigation, was after the third reading returned again to the said House, for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereto, viz. an Act for the increase of Mariners, and for maintenance of Navigation, repealing a former Act made 23 of her Majesties Reign, bearing the same Title; as also of some Amendment in the body of the Bill added by the Committees, sent by Mr. Atturney-General and Dr. Carew.
Thursday, Decemb. 1.
On Thursday, Decemb. 1. the Parties that arrested the Lord Chandois servant, viz. Wood and Stevenson, with two others, brought into the House by the Serjeant at Arms, and upon some notice taken of the matter, Mr. Justice Owens and Mr. Serjeant Drew were appointed to examine the same, and make Report thereof to the Lords.
Saturday, Decemb. 3.
On Saturday, Decemb. 3. An Act for the increase of Mariners, and for maintenance of Navigation, repealing a former Act made 23 of her Majesties Reign, bearing the same Title; which Act was sent to the Lower House from hence, for their consideration and allowance of this Title, and some Amendments in the body of the Bill.
Upon the Report of Mr. Justice Owens and Mr. Serjeant Drew, unto whom the Examination of the matter was committed concerning the Arrest of my Lord Chandois servant, by one Stevenson a Serjeant in London, at the Suit of one William Wood, being found and judged to have wilfully offended therein against the Priviledge of the House, were committed and sent to the Prison of the Fleet, there to be kept close Prisoners until further directions from the Lords. And whereas ------ and ------ were this day brought into the House before the Lords, as supposed partakers in the same offence, they upon examination being found not to have wilfully committed any fault therein, were dismissed, and order given by the Lords for the discharge of Edward Barston out of the Prison of the Counter.
Munday, Decemb. 5.
Munday, Decemb. 5. an Act for the better and safer recording of Fines to be levied in the Court of Common-Pleas, read secunda vice, and referred to the same Committees as before, with the addition of the two Lords Chief Justices and Mr. Atturney-General.
The absence of the Earl of Essex, the Lord Viscount Byndon, the Earl of Cumberland, the Lord Scroope, the Lord Willoughby of Ersby, and the Lord Bishop of Rochester, were excused by the Lord Rich, the Lord Chandois, the Lord Wharton, the Lord Zouche, and the Lord Bishop of Bath and Wells.
Tuesday, Decemb. 6.
Wednesday, Decemb. 7.
Thursday, Decemb. 8.
On Thursday, Decemb. 8. an Act for the erecting of houses of correction, and for punishment of Rogues, Vagabonds, and sturdy Beggars, secunda vice lect. and referred to the Committees for the former Bill; and the same time and place appointed for their meeting. And also authority was given to the Committees to call such of the Lower House unto them at this meeting, as they should finde cause, to confer withal for the better perfecting of the Bill.
An Act for Arthur Hatch, her Majesties Ward, for the enjoying the Rectory and Personage of South-Moulton, according to an Agreement, secunda vice lect. upon which reading it was ordered, That all Parties whom this Bill may concern, either on the part of Mr. Hatch, or against him, shall be heard openly in the House upon Munday next by their Counsel learn'd; and all specialties concerning the same then to be produced, to the end that it may be considered, whether it shall be convenient to pass this Act or not: Mr. Serjeant Drew and Mr. Atturney-General being appointed by the Lords to inform themselves against that time, whether any thing be contained in the Bill that may prejudice the Poor Knights of Windsor, and to make Report thereof accordingly on the part of the said poor Knights.
A Motion made by some of the Lords, and agreed to by the House, that there should be respit of some days taken before the third reading, for any such Party or Parties as the Bill concerneth, and namely any of the Wentworths, to come to the House and alleadge, if they finde cause, why the Bill should not proceed, the next Tuesday assign'd for this purpose.
William Cole the Knight-Marshal's man, that arrested James Yorke the Lord Archbishop's servant, was brought before the Lords by the Serjeant at Arms; and being found upon his Examination before the Lords wilfully to have offended therein against the Priviledge of the House, was Committed to the Fleet, there to re main until their Lordships should give further directions for his enlargement.
Friday, Decemb. 9.
On Friday, Decemb. 9. an Act for the establishing of the Hospital of Queen Elizabeth in Bristol, and for relief of Orphans and Poor there, read Secunda vice : Upon this reading some Amendments were thought fit by the House to be added; which were presently drawn, and agreed by the House, and also twice read, and commanded to be ingrossed.
Saturday, Decemb. 10.
On Saturday, Decemb. 10. an Act that the Lord Montjoy may dispose of his lands whereof he is Tenant in tail, as other Tenants in tail by the Laws and Statutes of this Realm may do, a private Statute made to the contrary 27 Hen. 8. not withstanding, secunda vice lect.
Munday, Decemb. 12.
On Munday, Decemb. 12. a Motion and Request made by the Lower House, and delivered by Mr. Secretary Cecill, accompanied with many others, for a Conference to be had concerning the Bill, entituled, An Act concerning Tellers, Receivers, &c. and assented unto: Whereupon the Committees formerly named upon this Bill, were appointed with others, viz. the Lord Treasurer, Lord Admiral, four Earls, five Bishops, Lord Chamberlain, and twelve Barons, the Lord Chief Justice of England, the Lord Chief Justice of the Common-Pleas, the Lord Chief Baron, Mr. Serjeant Drew, and Mr. Atturney-General, to attend the Lords: the meeting to be at the great Council-chamber at Whitehall, to morrow at two of the clock in the afternoon.
The Counsel on both parts, for the Lord Marquiss of Winchester, and the Lord Montjoy, were admitted to publick hearing in the House; and thereupon no just cause being found to hinder or to stay the proceeding of the Bill, the same was commanded to be read the third time, and so was expedited.
Tuesday, Decemb. 13.
An Act giving power and liberty to Sir John Spencer Knight, Dame Mary his Wife, and Robert Spencer Esq; their Son, to alienate certain Mannors and lands in the Counties of Dorset and Bedford, read tertia vice; and thereupon two Letters from the Lord Spencer to the Lord Chamberlain, signifying his consent to the Bill, were read.
Wednesday, Decemb. 14.
On Wednesday, Decemb. 14. order was given for release of William Wood out of the Fleet, at whose suit Edward Barston the Lord Chandois servant was arrested, so as he make satisfaction to the said Barston of such charges as he was at by means of the said Arrest.
Thursday, Decemb. 15.
On Thursday, Decemb. 15. an Act for explanation of the Statute made Anno 5 Reginæ, concerning Labourers, returned from the Lower House with some Exceptions to the Schedule affixed, because the Amendment was ingrossed in Parchment; which, according to the custom of the House, should have been in Paper.
Certain Articles were presented in writing by the Lower House, touching their Opinions and Objections concerning the Bill of Tellers, &c. which were delivered to Mr. Atturney, to the end he might confer with the Judges upon the same, and make Report to their Lordships.
The Bill concerning Mr. Arthur Hatch, her Majesties Ward, &c. return'd into the House by the Lord Treasurer the first of the Committees. And forasmuch as it seemed to the Committees that there were in the Bill certain points that could not be well reformed, a Motion was made to the House, upon agreement among the Committees, That the proceeding in this Bill might cease, and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and Arthur Hatch; for which purpose a Bill was brought ready drawn by Mr. Atturney-General, containing a form of Composition betwixt them, to be ratified, if it should be thought good by Parliament.
Friday, Decemb. 16.
Saturday, Decemb. 17.
Munday, Decemb. 19.
On Munday, Decemb. 19. certain Amendments were offered to the House by the Committees on the second reading, concerning Arthur Hatch her Majesties Ward, the said Amendments being twice read; whereupon both the Bill and the said Amendments were commanded to be forthwith ingrossed: which was accordingly done, and presently read the third time, and sent to the Lower House by Mr. Atturney-General and Dr. Stanhopp.
The Amendments in the Bill concerning Labourers, formerly in grossed in Parchment, whereat some exception was taken by the Lower House, and format cause returned without their allowance to the Lords, was now commanded to be written in Paper.
Tuesday, Decemb. 20.
Wednesday, January. 11.
Wednesday, January 11. the Earl of Essex having been created Earl-Marshal the 18th of December last by her Majesties LettersPatents, took his place according to the said Office, viz. next the Earl of Oxford great Chamberlain of England, and before the Earl of Nottingham great Steward.
Thursday, Jan. 12.
Thursday, Jan. 12. the Bill, entituled, An Act for the increase of People for the service and defence of the Realm, return'd to the House by the Committees. A Morion made by the Lord Archbishop of Canterbury first of the Committees, that a Conference might be had with a compentent number of chosen persons of the Lower House, for the better perfecting of the Bill; whereupon Mr. Atturney-General and Dr. Stanhopp were addressed to the Lower House, with a Message to that effect: and the time and place of meeting desired, to be at the great Council-chamber at Whitehall, to morrow by two of the clock in the afternoon.
Certain select Committees, chosen by the Lower House, concerning that Bill for the increase of People, &c. were sent to the Lords, signifying their allowance of the time and place appointed for meeting about that Bill; but desired, that in the mean time they might have delivered unto them in writing such Objections of their Lordships as they do make unto the Bill, to the end they might be more ready to deliver their Opinions and Resolutions at the meeting.
The Lords having considered of this Motion, thought it unfit, and not agreeable to the Order of this House, to deliver the same in writing: and therefore agreed that answer should be made, That if upon verbal Conference they should remain unsatisfied touching the said Exceptions, then they should have the same delivered unto them in writing, for their further consideration thereof: which Answer was presently notified to the said select Committees. And in the mean season the Judges were required to set down the Objections in writing, that they might be in readiness for the said Committees of the Lower House, if upon the verbal Conference before-mentioned they should not be satisfied.
An Act for establishing the Bishoprick of Norwich and the possessions of the same, against a concealed Title made thereunto, read secunda vice; and upon this reading, it was ordered by the Lords, That all Parties whom this Bill may concern, should be openly heard in the House upon Saturday next in the morning, to the end that it might be consider'd whether the same may justly pass without prejudice to the said Parties; George Lester to be warned then to attend.
Friday, Jan. 13.
On Friday, Jan. 13. an Act concerning a Lease of great yearly Value, procured to be passed from her Majesty by William Kirkham, read prima vice: Kirkham and Ambrose Willoughby Esq; to be warned to attend the Lords on Munday-morning next; at which time it is appointed the said Bill shall be read the second time.
An Act concerning the draining and recovery from the water certain overflown Grounds in the County of Norfolk, secunda vice lect. and referred to the same Committees upon the Bill formerly read of that kind concerning 300000 Acres, &c. with addition of the Lord St. John and Mr. Atturney to attend; appointed to meet, &c. and such Parties as the same may concern to be warned to attend.
Saturday, Jan. 14.
On Saturday, Jan. 14. certain Objections unto a Bill, entituled, An Act for the increase of People, &c. were set down in writing by Mr. Atturney-General, and brought into the House by the Lord Archbishop of Canterbury the first of the Committees, and the same sent to the Lower House for their consideration thereof, according to a Promise made by their Lordships to the select Committees of the Lower House, at the meeting yesterday about the Bill delivered by Mr. Atturney and Dr. Stanhopp.
Certain Knights and Burgesses of the Lower House were sent to their Lordships to desire a Conference with a competent number of that House, concerning the Amendments and Provisoe added to the Bill, entituled, An Act for erecting of houses of Correction, and punishing of Rogues, Vagabonds, &c. whereupon choice was made of the Lord Archbishop of Canterbury, the Lord Admiral, the Earl of Shrewsbury, and the Bishop of Winchester, and two Barons, being part of the number formerly appointed upon the Bill; the two Chief Justices and the Chief Baron, Mr. Serjeant Drew and Mr. Atturney. General to attend them, and the same presently signified to the same Knights and Burgesses; but with this caution, That whatfoever had been mended or added by their Lordships, could not now be altered by the Orders of the House : howbeit, to yield the Lower House satisfaction of the reasons that moved their Lordships to make those Amendments, they assented to a Conference : the meeting appointed to be in the outward Chamber of the Upper House of Parliament, on Munday-morning at eight of the clock.
Munday, Jan. 16.
On Munday, Jan. 16. Report was made by the Lord Archbishop of Canterbury, That upon meeting of such of the Lords of the Higher House as were appointed this day to confer with certain select Knights and Burgesses of the Lower House concerning the Amendments and Provisoes added by their Lordships to a Bill, entituled, An Act for erecting houses of Correction, &c. the said Knights and Burgesses do hold themselves satisfied upon the Reasons alleadged by their Lordships in some part of the said Amendments, but not in all.
Kirkham was called into the House before their Lordships; and after he had been heard what he was able to say on his own behalf, the same Bill was read a second time, viz. An Act concerning a Lease of great yearly Value, procured to be passed from her Majesty by William Kirkham, and commanded to be ingrossed.
A Motion made, that a Proviso should be added to the Bill concerning the Bishoprick of Norwich; which Proviso was presently drawn in the House by Mr. Atturney-General, and thereupon read : And for the more expedition in the proceeding of the Bill, it was thought meet that the Lord Archbishop of Canterbury, Lord Marshal, Lord Admiral, Bishop of London, Lord Chamberlain, and Lord Cobham, should conser with a competent number of the Lower House about the said Proviso. Whereupon Mr. Serjeant Drew and Mr. Atturney were sent to the Lower House to signifie the same unto them; who presently assented to a meeting, and made their repair to their Lordships forthwith.
An Act for enlarging the Statute made for following of Hue and Cry, in 27 Reginæ, in some sort to relieve the Inhabitants of the small hundred of Beyvershe, alias Benburst, in cases where they are in no ways voluntarily in default, and yet they are or shall be charged by the same Statute, and by two ancient Statutes, the one made 13 Edw. I. and the other 28 Edw. 3. for repressing Robberies.
Tuesday, Jan. 17.
On Tuesday, Jan. 17. a Proviso drawn by Mr. Atturney, by commandment of the House, to be added to the Bill for establishing of the Bishoprick of Norwich, &c. was twice read, and commanded to be ingrossed; and then both the Bill and Proviso read the third time, and returned to the Lower House for their consideration on the Proviso.
An Act for some better staying of Corn within this Land, to give liberty to English Subjects sometimes to buy Wheat, &c. and to sell the same again in the same kind, for the better relief of the Common-wealth, tertia vice lect. and rejected.
Wednesday, Jan. 18.
On Wednesday, Jan. 18. the Lord Keeper signified to the House, That the Parties that followed the Bill for the Hospital of Warwick, are not provided of their Gounsel learned; whereupon the House assigned them a new day, viz. Friday morning next.
The Lord Buckhurst signified that upon a Letter written unto him, by the Lord Marquess of Winchester, notifying his present sickness, whereby he was not able to give his attendance as yet: the said Lord Buckhurst, according to the request of the said Lord Marquess, having moved her Majesty therein, it pleased her Majesty to hold him excused until his recovery, and commanded that he should then give his attendance.
Thursday, Jan. 19.
On Thursday, Jan. 19. Answer was returned in writing from the Lower House, and delivered by certain Knights and Burgesses sent for that purpose, unto the Objections taken by their Lord. ships to some points of the Bill intituled An Act for the increase of People for the service and defence of the Realm; which Objections were formerly delivered unto them in writing, upon their request made to their Lordships.
Certain selected persons of the Lower House, viz. Sir William Knolles, and Sir Edward Hobby Kts, with divers others, coming from the said Lower House, delivered a Message, signifying that the Knights and Burgesses desired to receive satisfaction from their Lordships concerning an Innovation as the said Knights and Burgesses supposed, very lately begun in the Upper House, in delivering an Answer from the Lords by the mouth of the Lord Keeper, in other form and manner than as was pretended by the Knights and Burgesses in former times used, as they did interpret it, to the prejudice and derogation of the Liberty of the Lower House. For, whereas on the 14th instant, Sir Walter Rawleigh Kt. with divers others of the Lower House, were sent to the Lords to deliver a certain Message to this House; after consultation had thereupon by the Lords, and after signification thereof given to the said Sir Walter Rawleigh, and the rest (staying in the outward room for answer) that they might come in and receive the same; it was thought meet, that the Lord Keeper should deliver the said Answer sitting in his place, and every of the Lords keeping their places, and not going out to the Bar, as the use and form is when the Lords receive either Bills or Message from the Lower House; and as the Lords had done once or twice before, by errour, or not attending the Formality and Order of the House in that point. This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the Lower House, wherein they desired to receive satisfaction.
Upon which Message, the Lords having consulted and delivered their Opinions touching that Order and Custome of the House, as it had been observed, and particularly noted by some of them that were the most antient and of longest continuance in Parliament, and especially by the Lord Burleigh Lord Treasurer, the most antient Parliament-man of any that are at this present, either of the Upper or the Lower House; and likewise by the Lord Arch-bishop of Canterbury, and by the Lord Admiral, the Lord North, the Lord Buckhurst, and others, that had been present at many Parliaments.
It was resolved, That the Order and Usage of this House was, and is, that when any Bills or Messages be brought from the Lower House, to be preserred to the Upper House, the Lord Keeper and the rest of the Lords are to rise from their places, and to go down to the Bar, there to meet such as come from the Lower House, and from them to receive in that place their Messages or Bills. But, contrarywise, when any Answer is to be delivered by the Lord Keeper, in the name and behalf of this House, to such Knights and Burgesses as came from the Lower House, the said Knights and Burgesses are to receive the same standing towards the lower end of the House without the Bar. And the Lord Keeper is to deliver the same sitting in his place, with his head covered, and all the Lords keeping their places; and that whensoever it had been done otherwise, the same was by errour, or mistaking, and therefore not to be drawn into an Example or President, as it was acknowledged by the Lord Keeper this day, and the rest of the Lords, that the going of the said Lord Keeper and the rest of the Lords from their places, unto the Bar, some few days before, once or twice, to give answer to some of the Lower House, whereof the Lower House seemed to take some advantage, was onely by miscognizance, or rather for want of due remembrance at the present of the Order and Custome of this House; whereunto, their Lordships having regard rather to the dispatch of matters of importance in the House, than to Formalities, were not greatly intentive.
This to have been the ancient usage of the House, and that the same ought still to be, was concluded by common and general consent of the Lords, both upon particular remembrance, and observations of the like course and Order holden afore-time, by other Lords that held the place in the House of Lord-Chancellor and Lord Keeper, and also by divers reasons, urged and alleadged, to prove and shew that the said Order doth best stand with the dignity and gravity of the House, and with the conveniency and aptness for dispatch of Affairs appertaining to the Parliament; and that the contrary course is both indecent and inconvenient.
This being so resolved and concluded, it was agreed, that Mr. Atturney-General and Mr. Serjeant Drewe should go down to the Lower House, and signifie from the Lords to the Knights and Burgesses, That if they would send any of that House up to the Lords, to receive Answer unto their aforesaid Demand, Answer should be given them. Whereunto the said Knights and Burgesses returned signification of their Assent, by the said Mr. Atturney-General, and Mr. Serjeant Drewe. And within a very little time after, sent up accordingly the said persons, and divers of them who before had been sent to demand satisfaction; but being come into the House, and having placed themselves at the lower end of the room, (as at other times they accustomed) expecting that the Lord Keeper and the rest of the Lords would come from their places, and meet them at the Bar, to deliver them Answer: When the Lord Keeper moved them to come nearer to receive Answer, and when they perceived the Lords were resolved not to come from their places to the Bar, they protested by the mouth of Sir William Knolls, that they had no Commission to receive Answer in that Form; and so refusing to receive any Answer, departed.
The Question and Difference thus remaining betwixt the Houses, it was afterwards (upon a motion sent from the Lords to the Lower House) agreed on both parts, that a Conference should be had, and that the aforesaid selected persons of the House, or so many of them as shall be needful, should meet with divers of the Lords of the Upper House (being nominated by the House for that purpose) in the outward great Chamber, before the Chamber of Parliament-presence, to debate the matter, and bring it to a conclusion. Which Meeting and Conference being affented unto, and afterwards accordingly there performed on the 19 of Jannuary, and the Question debated; and the reason and observation of former times, for the aforesaid Order and Custom of the House, being alleadged by the Lord Arch-bishop of Canterbury, the Lord Treasurer, the Lord Admiral, the Lord North, and the Lord Buckburst, that had been present in many Parliaments, and especially by the Lord Treasurer (the most antient Parliament-man) it was found and resolved, that the Order and Custom of the House was, as is before written, viz. That when any Bills or Messages are brought from the Lower House to be presented to the Upper House, the Lord Keeper and the rest of the Lords are to rise from their places, and to go down to the Bar, there to meet such as come from the Lower House, and from them to receive in that place their Messages or Bills.
But contrarywife, when any Answer is to be delivered by the Lord Keeper, in the name and behalf of the House, to such Knights and Burgesses as come from the Lower House, the said Knights and Burgesses are to receive the same standing towards the lower end of the House; and the Lord Keeper is to deliver the same with his head covered, and all the Lords are to keep their places. And thereupon the Lower House was satisfied, and the same form was afterwards kept accordingly.
Friday, Jan. 20.
On Friday, Jan. 20. The Answer in writing that came yesterday from the Lower House, to the Objections taken by their Lordships to some points of the Bill, intituled, An Act for the increase of People for the service and defence of the Realm, was by the Order of the House referred, and delivered unto the Lords Committees formerly appointed upon that Bill, who were required to consider thereof, and make their Report of their Opinions concerning the same.
Saturday, Jan. 21.
Munday, Jan. 23.
Tuesday, Jan. 24.
On Tuesday, Jan. 24. the Bill intituled, An Act for the relieving of Clothiers, concerning the weight of short, broad, and coloured Clothes, to be made in the Counties of Suffolk and Essex, returned to the House by the Earl of Shrewsbury first of the Committees, who made report that upon hearing of both parties, and upon due consideration of the reasons and allegations by them alleadged, the Committees thought there could not be any further proceedings in the same; whereupon a new Bill was presented, bearing this Title, viz. An Act touching the making of short, broad, course, coloured Clothes, in the Counties of Suffolk and Essex; which was read prima vice.
Debated in the House whether Amendments upon a Bill being brought into the House by Committees, may afterwards be contradicted or spoken against by any of the Committees. The doubt was left for the present unresolved; but afterwards cleared, and ruled Affirmatively.
Wednesday, Jan. 25.
An Act, that Lessees may enjoy their Leases against all Patents, their Heirs and Assignes, notwithstanding any default of payment of their Rents, during the time that the Reversion or Inheritance remained in the Crown, secunda vice lect. and referred to Committees, viz. the Lord Arch-bishop of Canterbury, Lord Treasurer, Lord Marshal, and others, appointed to meet, &c. the Lord ChiefJustice, the Lord Chief-Baron, and Mr. Atturney-General to attend them.
Notice given to the House by the Lord Treasurer, that the Committees upon the Bill concerning Tellers, Receivers, &c. had a meeting with a select number of the Lower House, to confer upon the Objections and Answers touching that Bill yesterday in the Afternoon, according to the order taken Jan. 23. But forasmuch as the said number of the Lower House, at the meeting affirmed that they had no authority to undertake the debating of the said Objections and Answers, (otherwise than to speak as they should see cause as private men) and desired that the Answers might be communicated to the Lower House in writing; the Lords therefore sent down the said Answers to the Lower House by the hands of Mr. Atturney-General and Dr. Stanhop.
Thursday, Jan. 26.
On Thursday, Jan. 26. an Act for enabling Edmond Molineux to sell Lands for the payment of his Debts, &c. was returned to the House by the Lord Marshal, second of the Committees. And forasmuch as the same could not be determined by the said Committees, by reason of some of the Kindred of the said Edmond Molineux, who opposed themselves against the Bill; a motion was therefore made that the Cause might be ended by some arbitrary course; whereupon the Parties on both sides were called into the House, and moved to that purpose; unto which they assented, and made choice of the Earl of Rutland, the Bishop of London, and the Lord Montjoy, who were appointed to meet that afternoon, &c.
An Act to reform Deceits, and breaches of Trust touching Lands given to charitable uses, returned to the House by the Lord Archbishop of Canterbury, with some amendments, and a Proviso thought meet to be added, which were twice read; and thereupon Commandment given, that the said Amendments should be written in Paper, and the Proviso ingrossed in Parchment, ready for a third reading.
The Bill, intituled, An Act for the increase of People, for the service and defence of the Realm, returned to the House by the Earl of Shrewsbury first of the Committees. And because it seemed to all the Committes appointed for this Bill, together with the Judges, that notwithstanding the Conference with several selected persons of the Lower House, that this Bill could not proceed; Order was given to the Judges, but especially to the Lord ChiefJustice, to draw a new Bill; whereupon this new Bill following was brought into the House.
Friday, Jan. 27.
On Friday, Jan. 27. the Lord Treasurer took his place this day as Baron of Burleigh, between the Lord Buckhurst and the Lord Compton. The Lord Admiral his place, as Earl of Nottingham, between the Earl of Lincoln and the Lord Viscount Byndon. The Lord Chamberlain his place, as Baron of Hunsdon, between the Lord Chandois and the Lord St. John of Bletsoe.
Saturday, Jan. 28.
Munday, Jan. 30.
On Munday, Jan. 30. an Act for Retailing-brokers, and other Pawn-takers, returned to the House by the Lord Arch-bishop of Canterbury, first of the Committees; and because there was found many defects therein, so that they thought the same unfit to be proceeded in, they therefore, together with the said Bill, presented a new Bill, intituled as the former, which was read prima vice.
Tuesday, Jan. 31.
On Tuesday, Jan. 31. a Motion from the lower House by Sir John Forscue and others, that some new time might be appointed for conference about the Act, intituled, An Act for reforming sundry abuses committed by Souldiers, &c. in regard they had appointed some other meeting this Afternoon, for the preparing of a Bill of Accomptants in readiness to proceed, their Lordships having considered of the Motion, made answer by the Lord Keeper, that they wished for some good consideration, that the appointed time, viz. this Afternoon, might hold for this Conference; supposing, that if it please the Committees of the Lower House to come the sooner this Afternoon for this purpose, they might well enough perform both the one and the other.
Wednesday, Feb. 1.
On Wednesday, Feb. 1. the Bill intituled, An Act for the reviving, continuance, explanation, and repealing of divers Statutes, returned to the House, by the Lord Chief-Justice, with some amendments, which were presently twice read; and thereupon Commandment given to be prepared ready in writing in Paper for a third reading. It is agreed, that a Conference shall be had with some of the Lower House about this Bill upon Friday Morning next.
Friday, Feb. 3.
On Friday, Feb. 3. a Proviso in the Bill for recovering 300000 Acres, more or less, of waste Marsh and watry Ground, this day twice read, and the Amendments. And thereupon Commandment given, the said Amendments should be written in Paper, and the Proviso ingrossed in Parchment, ready for a third reading.
Report made by the Lord Treasurer, what the substance of the Conference was between their Lordships and certain select Committees of the Lower House, concerning the Bill for reviving, continuing, and repealing of divers Statutes; and the same referred to the Lord Chief-Justice, and other Justices, for their further consideration.
Saturday, Feb. 4.
An Act for the reviving, continuance, explanation, perfecting, and repealing of divers Statutes, tertia vice lect. The three Bills above-mentioned sent to the Lower House, of which the two latter were returned, for their consideration of certain Amendments and Proviso's added by their Lordships.
Munday, Feb. 6.
On Munday, Feb. 6. hora secunda post Meridiem, the Proviso added by the Lower House, to the Bill for the confirmation of the Joynture of Christian Lady Sandis, read tertiavice; and thereupon the Bill expedited.
On Tuesday, a Message from their Lordships to the Lower House, delivered by Serjeant Drew and Dr. Carew, for a Conference concerning a Bill against excess of Apparel, with a competent number of the said House: The time and place being desired to be at Two of the clock this Afternoon, at the great Chamber of the Upper House of Parliament.