Martis, 29 Maii
L. 2a. AN Act for the Reviving and Continuance of divers Statutes, and Repeal of others. - Sir Edw. Mountague: - That the Act for better Execution of Justice, and repressing criminal Offences in the North Parts, omitted. That for the Oaths upon Naturalization, is already perpetual. - To repeal the Law against Conversion from Tillage to Pasture, because monopolized by Patent.
Mr. Crew, accordant, for the last Law: - But, to continue the Law for Depopulation. - To discontinue the Statute of 7 Jac. concerning Eating of Flesh by sick Persons, * Butchers Meat. -
Difference between Prorogation and Adjournment.
Sir Edw. Coke reporteth, from the Conference, that he hath satisfied the Lords, in the Difference between a Prorogation and an Adjournment That he satisfied the Lords, that the King's Royal Assent to One, or Ten Bills, maketh not the End of a Session, but the Signification of the King's Pleasure to prorogue it. 2ly, He satisfied them, that the Bill of Continuances and Repeal of Statutes, ready. 3ly, That the general Pardon will quickly be finished; for all the Difficulty will be, only to strike out, and nothing to be put in, - That he let them know, that never any so long a Session, but some Bills passed: And, that the King hateth Novelties. That Bills of Grace ever accompanied with a Subsidy. That the Parliament hath now sitten long, and brought Things to great Perfection. That the Country People not capable of the Distinction between a Prorogation and an Adjournment. That he said, for his own Part, he would rather give a double, treble, or quadruple. Subsidy, rather than now break off. That he mentioned Midsummer, as the Time mentioned by the King.
Mr. Chidleighe reneweth the Debate about the Bill of Statutes; and particularly offereth an Explanation of the Stat. for Sea-sands. - That there may be a Certainty set down, for Payment for Passages, where there is now no certain Price set.
Sir H. Poole mentioneth the Statute against Taking of Retainers, which now * useful. To have it repealed.
Mr. Alford: - That he hath seen, in the Treatise of Modus tenendi parliament' that the King, having called it, could not dissolve a Parliament, till all Grievances ended. -
Moveth, that the Provision in the Statute, 43 Eliz. for maimed Soldiers, may be now respected; because That now a great Charge to the Subject, where now no Cause for it, as then - Idleness, in Poor, great. -
All that will come to the Committee for the Bill of Ordnance, to have Voice.
Bills from Lords.
Mr. Justice Winch and Mr. Justice Hutton bring, from the Lords, the Bill for the Sabaoth; with Alteration only of the Word, the " Lord's" Day, instead of the Word Sabaoth :" And the Bill of Certioraris: And a Bill of Naturalization of Sir Ro. Carre, One of the Gentlemen of the Prince his Bed-chamber :
Lords to sit.
And bring also a Message; That they intend to sit this Afternoon ; and, if this House please to do ao, they will send to them, if there shall be Cause. -
Sir Geor. Moore, concordat with Mr. Alford. Moveth, One Justice of Peace may send Rogues to the House of Correction; where now, by the Law, there must be Two. - To define who a disorderly Person. - Taketh it in the conjunctive; " vagrant, and disorderly." - That One Justice of Peace only may not have Power to send any disorderly Persons to the House of Correction, but such as be vagrant.
Mr. Bowyer moveth, the Subjects of this Kingdom may have Power to carry from one Port to another.
Sir Edw. Mountague (getting Leave to speak twice) moveth, there may be a Clause inserted, that none shall be questioned for putting any of the said Laws in Execution, sithence 7o Jac. -
Committed to a Committee of the whole House: - This Afternoon.
The Alteration of the Word " Lord's" instead of the Word "Sabaoth." - Resolved, To be so amended.
In the Bill of Certioraris, Resolved, The Amendment to be made, as sent down by the Lords,
The Bill for Pleadings, being about to be read; Mr. Solicitor and others move, to hear the Officers of the Exchequer.
Mr. Crew: - No Cause to hear them. - The Licence, till about 15 Years past, always -
L. 3a. An Act for Ease in the Obtaining of Licences of Alienation, and in the Pleading of Alienations, with Licence, or of Pardons of Alienation, without Licence, in the Court of Exchequer, and elsewhere : - Passed.
L. 3a. An Act to admit the Subject to plead the general Issue, in Informations of Intrusion, brought on the King's Behalf, and to retain his Possession till Trial: - Passed.
Attainted Persons Debts.
L. 3a. An Act for making the Estates of attainted Persons liable for the Payment of their just and due Debts :-Passed.
L. 3a. An Act for the Relief of Patentees, Tenants, and [Farmers] of Crown Lands, and Duchy Lands, in Cases of [Forfeiture] for Non-payment of Rent, or other Services or Duties : - Upon Question, passed.
Martis, 29o Maii. Post meridiem.
Mr. Dr. Gooch reporteth the Bill against Usury. - Engrossetur.
L. 2a. - Lichfeild. - Committed to Mr. Weston, Knights and Burgesses of Stafford, Warwicke, and Darby, Mr. Brooke, Sir Francis Barrington, Dr. Gooch, Sir Wm. Cope, Sir Francis Darcy, Sir Ro. Vernon, Sir J. Whitlocke, Sir Rich. Gravenor, Sir Ro. Askew, Sir Geor. Moore, Mr. Crew, Sir Wm. Bowyer, Mr. Ratcliffe, Dr. Zouch, Mr. Kippax: - Thursday next, Court of Wards.
Mr. Hackwill reporteth the Bill of Arms. - Moveth a Re-commitment, to clear the Words doubtful.
Mr. Crew, - against the Bill. - That the Uniformity prescribed by this Bill, is to make unserviceable all the Arms of the Kingdom. That this Law may be dispensed with, and then, by the Proviso now spoken of, it will be in the King's Power (when we have bought the new Arms) to make the Law void.
Sir Edw. Cecill, - for the Bill. - So Sir Geo. Moore, and Serjeant Davys. -
Re-committed: - To-morrow Morning, in the Committee Chamber, Seven of the Clock.
The Amendments in Wadham College Bill, - " and Successors," - and the Proviso, thrice read ; and, upon Question, passed.
E. of March.
L. 3a. - Earl of March. - Upon Question, passed.
Sir D. Digges reporteth the Bill for Teukesbury Bridge, with the Amendments: which twice read. - Engrossetur.
Earl of Holderness.
[Question] about the Reading of the Earl of Holdernesse [his] Bill:
The House divided :
The Yea went out:
Tellers for the Yea, Sir Geor. Moore, Sir Ch. Mountague :
For the Noe, Sir Geor. Chaworth, Mr. Glanvyle:
With the Yea, 63.
With the Noe, 57.
Sir Ro. Crew and Mr. Serjeant Hitcham bring from the Lords a Message, desiring a present Conference with this whole House, in the Painted Chamber.
Ordered, Whosoever shall go out, before the Messengers be gone, and a Resolution, who make the Report again, -
Master of the Rolls to make the Report, assisted with Sir J. Whitlocke, Serjeant Ashley, and Mr. Crew.
Conference reported - Adjournment, &c.
Master of the Rolls reporteth from the Conference, -
That the Lord Treasurer first made a Proeme, of rejoicing in the Conformity and Uniformity between both Houses.
2ly, For the Matter: That his Majesty resolved upon Monday for the Rising of this Parliament; and that those Bills which should pass both Houses, he would be ready to give his Royal Assent unto. 3ly, For the Grievances ; he would, upon Sunday next, give Answer to all such as should be presented to him.
Mr. Solicitor: - That an Answer will be expected.
Upon a general Voice, " Rise, rise " ;
Sir D. Digges: - That fit, we should give the Lords a civil Answer, according as they have dealt in all Kindness and Love with us.
Sir Edw. Sands : - Grief, and Fear: - The first visible in the House; for the second, he never so sensible of it. - The Poverty of the Country, Want of Trade, &c.
State of Religion abroad. - To defer sending Answer to the Lords, till the Morning.
Sir Ro. Phillippes, accordant.
Message to Lords.
Master of the Rolls sent to the Lords, with this Message: That the Committee returned with great Grief from the Conference, and are not now fit to send them an Answer; but will do it To-morrow Morning.