December 1601
On Wednesday the second day of December
three Bills had each of them one reading; of
which the first being the Bill to avoid trifling and
frivolous suits in Law in her Majesties Courts at
Westminster, and the second being the Bill for the
Denization of certain persons, were each of
them read secundâ vice and committed.
Nota, That here were two several Bills read
secundâ vice, but no mention made either of their
Commitment or Ingrossing; The supposed Cause
or reason of which omission see more at large on
Monday the 23. day of November foregoing.
The Bill concerning the suppressing of the
multitude of Ale-Houses, &c. was returned to
the House by the Lord Treasurer with certain
Amendments.
William Crayford by whose procurement and
assistance William Vanghan the Earl of Shrewsburys
servant was Arrested and committed to Newgate;
and one Millington an Attorney, the said Crayfords Master, as also the Under-sheriff of Middlesex, and another Person that was Bayliff with
Crayford in Arresting the said William Vaughan;
all which persons having been heard particularly
by the Lords, and the said Millington, the Undersheriff and Crayfords fellow Bayliff protesting
that they knew not the said Vaughan to be a man
priviledged by the Parliament at the time of the
Arrest, It was Ordered that the said Millington, the
Under-sheriff and the said Bayliff should be dismissed for that Cause: But forasmuch as by the
consession of the Under-sheriff it doth plainly
appear to the Lords, that the said Crayford had
very maliciously and upon unnecessary suits,
that did not concern himself, prosecuted the serving and laying of sundry Executions upon
William Vaughan, it was thought meet and so
Ordered, that he should be committed to the
Prison of the Fleet: And because also the Keeper
of Newgate having seen their Lordships Order
by the hands of the Serjeant at Arms for the
bringing of the said Vaughan did not perform
the same, pretending he could not with his safety
remove him out of Prison being in Execution,
he was in like fort committed to the Fleet for
neglecting the said Order. And for the Prisoner William Vaughan the Lords resolved to enter into some further consideration for the bringing of him before them into the House. And
thereupon their resolution concerning the same
was respited until some other time. Vide concerning this matter on Saturday the 19th day of
this instant December following.
On Thursday the 3d day of December two Bills
had each of them one reading; of which the
second being the Bill for enabling of Edward
Nevil of Berling in the County of Kent, and
Sir Henry Nevil Knight his Son and Heir apparent, to dispose of certain Copyhold Lands parcel of the Mannor of Rotherfield in the County
of Sussex, and of the Mannor of Aylesby and Felding in the County of Warwick was read primâ vice.
The Amendments of the Bill against the multitude of Ale-Houses and Tipling-Houses were
this day twice read; And thereupon the Bill
Ordered to be Ingrossed.
Three Bills had each of them one reading; of
which the first being the Bill for Assurance of
certain Mannors and Lands for part of a Jointure
to Lucy Countess of Bedford was read primâ vice.
Two Bills were brought up to the Lords from
the House of Commons; of which the first being the Bill against Drunkards and Common
Haunters of Alehouses and Taverns was read primâ vice.
The Lords were this day informed by the
Earl of Worcester of an Arrest made of the person of Robert Treswell Somerset, one of her Majesties Heralds at Arms in Ordinary, at the Suit
of one Margery Fitchet of London. Whereupon
it was Ordered by the Court, that the Serjeant
at Arms should be sent for the said Margaret
Fitchet, and for William Smith and William Lane
that made the Arrest, and should bring them before the Lords into the Upper House to Morrow
being the 4th day of this instant December; And
that the said Serjeant should also bring Robert
Treswell himself at the time and place prefixed.
Vide concerning this matter on Tuesday the 8th
day of this instant December following.
Motion was made by the Lord Keeper on the
behalf of the Lord Chandois, signifying that his
Lordship was constrained to repair into the
Country for the finding of an Office which did
greatly import him in his Estate, and therefore desired their Lordships allowance of his absence for
some few days, whereunto they willingly assented.
Memorandum, That whereas it was formerly
Ordered, that the Keeper of the Prison of Newgate, having in his Custody William Vaughan Servant to the Earl of Shrewsbury upon Execution,
should bring the person of the said William
Vaughan on Wednesday the second day of this instant December, before the Lords Spiritual and
Temporal into the Upper House of the High
Court of Parliament; of which Order the said
Keeper having taken notice by a Serjeant at
Arms, did notwithstanding refuse to bring the
said Prisoner into the Court, and for the said refusal and contempt was the same day by Order
of the Court committed to the Prison of the
Fleet; And Order likewise was given that such
Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of
the said Court: It is therefore upon view and
consideration of divers Precedents and Remembrances produced this day, and differing from
the manner of proceeding Ordered by the said
Court, that the Lord Keeper shall forthwith
make out a Writ of priviledge of Parliament to
the Sheriffs of London and Middlesex, to have
the body of the said Prisoner William Vaughan
with the Cause of his Imprisonment before the
said High Court at the Upper House to Morrow
the 4th day of this instant December by eight of
the Clock in the Morning. Vide December 19th
Saturday postea.
A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk
of the Parliament, was delivered to the Lord
Keeper for making out of the Writ.
On Friday the 4th day of December, the Bill
against Drunkards and Common Haunters of
Alehouses and Taverns, The Bill for levying of
Fines with Proclamation of Lands within the City
of Chester, The Bill for enabling of Edward Nevil of Berling in the County of Kent, and Sir
Henry Nevil Knight, &c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight,
were each of them read secundâ vice: But no
mention made either of their Commitment or
Ingrossing; the supposed cause or reason of
which omission see more at large on Monday the
23th day of November foregoing.
The Bill for the suppressing of the multitude
of Alehouses and Tipling Houses was read tertiâ
vice, and sent to the House of Commons by Mr
Doctor Carew and Mr Coppin Clerk of the Crown.
Two Bills also had each of them one reading;
of which the first being the Bill for the assurance
of certain Lands for part of a Jointure to Lucy
Countess of Bedford, was read the second time
and committed to the Earl of Worcester and others, who were appointed to meet at the Earl
of Worcesters Chamber at the Court to Morrow
by two of the Clock in the Afternoon; And the
Bill was delivered to the said Earl of Worcester.
Whereas Order was taken at the last sitting of
the Court of Parliament, viz. 3° die Decembris,
that a Writ of Priviledge of Parliament should
be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of
the body of William Vaughan Prisoner in Newgate, together with the Cause of his Imprisonment before the said Court this present day, the
said Writ having been thereupon made out by
the Lord Keeper, and the same together with the
said Prisoner William Vaughan and the Cause of
his Imprisonment being returned and brought
this day into the Court by the Under-Sheriff of
the County of Middlesex, and the said Prisioner
William Vaughan having there made Declaration
of the notorious frauds and practices used by
William Crayford and others, for the Arresting
of the said Vaughan; And likewise Crayford having been heard what he could say for himself in
that behalf; Forasmuch as it appeared unto the
Lords, that besides the breach of the Priviledge
of the said High Court, the said Crayford had
fraudulently and malitiously taken out and laid
upon the said Vaughan divers Writs of Execution
and Outlawry of many years past, and utterly
without the privity and knowledge of most of
the parties to whom the said Suits appertained, of
which parties some were avowed to have been a
good while since Deceased: It is therefore agreed and Ordered by the general consent of the
Court, That the said William Vaughan shall be
forthwith discharged out of Prison and Execution, and the said Sheriff shall be free from any
trouble, damage or molestation for his said discharge. And it is likewise Ordered, that for satisfaction of any such Debts as shall be found
due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ, the said Vaughan shall
enter into sufficient Bond to stand to such Order
as shall be set down by certain of the Lords of
the Parliament, namely the Earl of Worcester,
the Earl of Pembrook, the Lord Bishop of Durham, the Lord Bishop of Winchester, the Lord
Windsor and the Lord St John, to whom by the
Court the Ordering thereof is committed. And
moreover it is Ordered, that the said Crayford
shall be returned to the Prison of the Fleet, and
kept Close Prisoner until further direction be
given for his Enlargement; And that the Keeper
of Newgate lately Committed to the Fleet for
not bringing the Prisoner into the Court, shall be
presently discharged. Vide concerning this matter on Saturday the 19th day of this instant December following.
On Saturday the 5th of December, the Bill for
maintenance of the Navy, increase of Mariners,
and avoiding the scarcity of Victuals was read
primâ vice.
Report was made to the House by the Lord
Archbishop of Canterbury, the first of the Committees in the Bill concerning Musters, Souldiers,
&c. (whose names see before on Thursday the
12th day of November foregoing) that the said
Committees having oftentimes met and confer'd
about that Bill did find so many imperfections in
the same, as it could not conveniently be amended; And therefore thought it meet to draw a
new Bill instead thereof, which he presented to
the House.
The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland,
Northumberland, &c. was returned to the House
with certain Amendments, which Amendments
were presently twice read, and thereupon the
Bill commanded to be ingrossed.
The Bill concerning Captains, Souldiers and
others; retained in the Queen Services in the
Wars, was read primâ vice.
One Bill was brought up to the Lords from
the House of Commons, by Mr Comptroller, Mr
Secretary Cecill, Sir John Fortescue, Mr Secretary
Herbert and others, which being for reformation
of deceits and frauds of certain Auditors and
their Clerks, in making deceitful and untrue
particulars, was read primâ vice.
Upon Complaint made to the House by the
Lord Archbishop of Canterbury of great disorders
committed by certain Pages and others belonging to some of their Lordships, or to some of the
House of Commons, in offering violence to divers persons, and particularly to his Lordships
Bargeman, but especially to one George Percivall
a Servant to the Lord Bishop of Peterborough
who was abused and beaten as was informed by
one of Sir John Harrington's Servants named
................ It was Ordered by the
Court, that the Committees under-named shall
call the said Percivall and ............
before them upon Monday next, being the 7th
day of this instant December, at the Parliament
Chamber, and upon Examination of the matter
shall inflict such punishment on the Offender as
they shall find Cause; And it is likewise Ordered, that the Lord Keeper shall conser with the
Speaker of the House of Commons for some
course to be considered of and taken for reformation of like abuses hereafter.
Committees to examine the abuses offered by
Sir John Harrington's Servant to a Servant of the
Lord Bishop of Peterborough, the Earl of Lincoln,
the Lord Bishop of London, and the Lord
Zouch.
On Monday the 7th day of December, Two
Bills had each of them one reading; of which
the first being the Bill for the more peaceable
Government of the parts of Cumberland, Northumberland, Westmerland, the Bishoprick of
Durham, was read tertiâ vice, and sent down to
the House of Commons by Doctor Carew and Mr
Doctor Stanhop.
The Bill to avoid double payment of Debts
was brought up to the Lords from the House of
Commons by Mr Comptroller, Sir Edward Hobbie
and others.
Four Bills also had each of them one reading;
of which the third being the Bill for Confirmation as well of all Grants made to the Queens
Majesty, and of all Resumptions made by her
Highness, of the Possessions of any Arch-Bishoprick or Bishoprick, as of Letters Patents made
by her Majesty to others, was read primâ
vice.
The Bill for Reformation of Grants made to
the Queen, and by Letters Patents made by her
Highness to others, was this day returned to the
House with certain Amendments by the Lord
Treasurer the first of the Committees. Vide concerning this Bill on Thursday the 17th day of this
instant December following.
Memorandum, That upon a Motion made this
7th day of December to the House by the Lord
Zouch, that the Lady Fane by her Letters to Sir
Anthony Mildmay, had signified that she had not
given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir
Henry Nevill his Son to dispose of certain Copyhold Lands, &c. as was mentioned in the said
Bill; the said Sir Anthony Mildmay was called
before their Lordships, who produced the said
Letter, and the same was read in the House:
And thereupon it was Ordered, that any further proceeding in the Bill should be respited
until Wednesday next by ten of the Clock in the
Forenoon, at what time the Lady Fane might
be heard what she could say against the same, if
she would then be present. Vide concerning this
business on Wednesday the 9th day of this instant
December ensuing.
This day Sir William Knolles, Sir Edward
Hobbie Knights, with divers others of the House
of Commons, delivered a Message from the
Knights and Burgesses of the said House, desiring
Conference with some of their Lordships about
the Bill concerning the uniting of Eye and Dunsden to the Mannor of Sunning. Upon delivery
of which Message, after the said Sir William
Knolles and the rest had a little withdrawn
themselves, and then upon propounding of this
Motion to the House the Lords had assented
thereunto, Answer was made by the Lord Keeper
(sitting in his place and the rest of the Lords
also keeping their places) unto the said Sir William Knolls, &c. that the Lords had yielded to
the Conference, and had appointed certain Committees (under-named) to meet with some select persons of the House of Commons for that
purpose, viz. the Lord Treasurer, the Lord
Steward, the Lord Bishop of London, the Lord
Bishop of Winchester, the Lord Zouch and the
Lord Cobham, appointed to meet at the Outer
Chamber near the Parliament Presence to Morrow the 8th day of this instant December by
eight of the Clock in the Morning. Vide concerning this matter on Monday the 16th day, and
on Saturday the 21th day of November foregoing.
On Tuesday the 8th day of December, Six Bills
had each of them one reading; of which the
last being the Bill concerning Captains and Souldiers and other the Queens Services in the Wars,
was read secunda vice, and committed to the
Committees, formerly appointed for the first Bill
of that kind (whose names see before on Thursday the 12th day of November) with addition of
the Lord Windsor; and the said Committees to
meet about the said Bill upon the first opportunity of meeting about any other Bill; and the
Bill was delivered to the Earl of Nottingham
Lord Steward the third of the Committees.
Nota, That here this Bill was delivered to the
Earl of Nottingham being the third of the Committees, of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two
first: Whereas on Monday the 23th day of November foregoing, a Bill being committed upon
the second reading was delivered unto the Archbishop of Canterbury the first of the Committees; And on Thursday the 26th day of the same
Month upon the Commitment also of a Bill in
the like manner, it was delivered unto the Lord
Howard of Walden being the puisne Baron or
last of the Committees. By which it is plain, that
as well in the Upper House as in the House of
Commons, after any Bill is committed upon the
second reading, it may be delivered indifferently
to any of the said Committees.
A Proviso was offered by the Earl of Worcester in the behalf of the Earl of Shrewsbury,
to be annex'd unto the Bill Intituled An Act for
Confirmation of Grants made to the Queens
Majesty, and of Letters Patents made by her
Highness to others. Which Proviso together with
the Amendments in the said Bill (returned Yesterday to the House by the Committees) were
presently read. And forasmuch as the Lords desired a speedy proceeding in this Bill, they sent
Dr Carew and Dr Stanhop to the House of Commons, to move them that some meet persons of
that House might join in Conference with the
Lords being to the number of twenty or thereabouts, concerning the Proviso and Amendments aforesaid; And that the meeting about
the same might be at the Outward Chamber
near the Parliament Presence to Morrow the 9th
day of this instant December by eight of the
Clock in the Morning. Upon delivery of which
Message to the House of Commons they assented
accordingly to the Motion made in that behalf.
Vide concerning this matter on Thursday the 17th
day of this instant December ensuing.
Upon a Motion sent this day from the House
of Commons by Sir Walter Raleigh, Sir Francis
Hastings, Sir Edward Hobbie and others, signifying that they desired Conference with some of
their Lordships for certain matters concerning
the Honour of both Houses, the Lords hereafter
named were Selected and Chosen to confer thereabout with such as should be nominated and
sent by the House of Commons, and the time
and place of meeting appointed upon Thursday
next, being the 10th day of this instant December, by eight of the Clock in the Morning, at
the Outward Chamber near the Parliament Presence, which was signified to Sir Walter Raleigh
and the rest in Answer of their Message. The
Lord Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham Lord Steward, the
Earl of Northumberland, the Earl of Worcester,
the Bishop of London, the Bishop of Durham and
the Bishop of Winchester, the Lord Zouch, the
Lord La Ware, the Lord Cobham and the Lord
Howard of Walden.
This day the Lord Archbishop of Canterbury,
the first of the Committees in the Bill concerning Andrew and Francis Kettlebie (whose names
see before on Tuesday the 24th day of November)
made Report to the House, that the said Committees did desire and had endeavoured to make
some agreement betwixt the parties, by procuring
the Wife of Andrew Kettlebie to accept of reasonable Conditions for her Estate, which they
held to be a better course than that the Bill
should proceed absolutely without any help for
the said Wife: But forasmuch as the said Committees could not prevail therein with her (who
utterly refused all composition) they therefore
returned the Bill again to the House without
alteration in such sort as they received the same;
Thereupon Order was given for ingrossing
thereof.
The matter concerning the Arrest of Robert
Treswel Sommerset one of the Heralds, was referred to her Majesties Commissioners for those
Causes that concern the Lord Marshalls Office,
and the parties that were sent for to be discharged. Vide on Thursday the third day of this instant December foregoing.
The Lord Burleigh not able to attend for want
of health signified by the Lord Keeper.
On Wednesday the 9th day of December Mr
....... being of Councel with the Lady Fane,
was heard in the House what he could say in her
behalf against the Bill of Edward Nevill and
Sir Henry Nevill his Son. Whereupon the
Lords finding no Cause why the proceeding of
the said Bill should be longer stayed or forborn,
Order was presently given for the third reading
thereof.
The Bill for the enabling of Edward Nevill
of Berling in the County of Kent and Sir Henry
Nevill Kinght his Son and Heir apparent, to dispose of certain Copyhold Lands, was read tertiâ
vice.
Upon the third reading of which said Bill, and
before the putting thereof to the question whether it should pass or no, the Lady Fane yielded
her consent to the passing of the same, being
thereunto perswaded by sundry of the Lords.
Vide concerning this matter on Monday the 7th
day of this instant December foregoing.
The Bill to avoid the double payment of
Debts was read Secundâ vice, but no mention is
made either of the Commitment or ingrossing
thereof, the supposed cause or reason of which
omission see more at large on Monday the 23d
day of November foregoing.
The Lord Treasurer made Report that the
Committees in the Bill concerning Letters Patents and Conveyances, &c. could not proceed to any certain Conference with those that
were sent from the House of Commons for that
purpose, in respect of some doubts that were
conceived, whether the Proviso offered to be
annexed thereunto were necessary or no. And
thereupon Mr Attorney General was required to
deliver his opinion in that behalf. Which being
done by him accordingly to this effect, That he
thought the said Proviso to be needless and unnecessary, and the Judges also concurring with
him in that opinion; Nevertheless upon a motion made by the Lord Bishop of London, that the
Councel learned of the Earl of Shrewsbury and
Mr Holcroft (whom the said Proviso did concern
in particular) might be heard in the House as
they desired touching the same; it was thought
meet and agreeable to the honour and dignity
of the House, that they should be so heard: To
which end their Councel were appointed to give
their Attendance to Morrow the 10th day of
this instant December by eight of the Clock in the
Morning.
And moreover for the better satisfaction of
the House of Commons for the present, Mr Serjeant Yelverton, Mr Dr Carew and Mr Dr Stanhop
were sent unto them with this Message, to signify
their Lordships desire to have proceeded to Conference with them this Morning about the said
Bill (as was yesterday appointed) And that the
Lords were the more willing to give furtherance
to the expediting of the said Bill, in regard the
same was especially recommended unto their
Lordships from the said House: But forasmuch
as they found not themselves sufficiently prepared for this Conference, by reason of doubts that
were not yet cleared unto them, they desired the
said Conference might be respited till Friday
Morning next by eight of the Clock at the outward Chamber near the Parliament presence.
Unto which Motion the House of Commons
willingly assented. Vide-concerning this matter
on Thursday the 17th day of this Instant December following.
On Thursday the 10th day of December, the
Bill for the establishing the remainder of certain
Lands of Andrew Kettlebie Esquire upon Francis
Kettlebie, was read tertiâ vice and sent to the
House of Commons by Dr Stanhop and Dr Hone.
Two Bills had each of them one reading; of
which the first being the Bill to avoid double
payment of Debts was read tertiâ vice and expedited.
The Bill concerning Resumptions, &c. (which
was committed on Tuesday the 8th day of this instant December foregoing, although the mention
thereof as being of little moment is there purposely omitted) was this day delivered to the
Lord Treasurer one of the Committees.
The Councel learned as well on the behalf of
the Earl of Shrewsbury as of Tho. Holcroft, Henry
Candish and William Candish Esquires, were heard
at large in the House (as was yesterday appointed;) And thereupon Mr Attorney was required
to deliver his opinion again of the said Provisoes
offered on either part. Which being done by
him accordingly in more particular and ample
manner than before, and having withal delivered his resolution to sundry questions propounded unto him by divers of the Lords concerning
the said Cause, it was Ordered as followeth.
Upon debate in the House concerning the several Provisoes offered by the Earl of Shrewsbury
and by Thomas Holcroft, Henry Cavendish and
William Cavendish Esquires, to be annext to the
Bill Intituled An Act for Confirmation of Grants
made to the Queens Majesty and others; It was
at last agreed that the Lord Chief Justice of her
Majesties Bench, the Lord Chief Justice of the
Common Pleas, calling unto them the rest of the
Judges, and Mr Attorney General, should draw
some new Provisoes, such as they should think
indifferent for all Parties, and meet to be annexed to the said Bill, and should present the
same to the Lords to Morrow in the Morning before their Conference with the House of Commons about the said Bill. Vide concerning this
matter on Thursday the 17th day of this instant
December ensuing.
The Lord Keeper signified unto their Lordships that he received Commandment from her
Majesty to let them understand her Pleasure to
be, that the Parliament should end upon Thursday the 17th day, or Friday the 18th day of this
instant December at the furthest, to the end their
Lordships may repair home into their Countries
against Christmas. And therefore she required
them to imploy and spend that time which remaineth, in matters concerning the publick, and
not in private Causes.
Memorandum, Quod die decimo prædicto, viz.
dicti Mensis Decembris, Those of the House of
Commons that were appointed to confer with
some of the Lords (upon the Message lately sent
from the said House signifying their desire of
Conference for some matter touching the Honour of both Houses) did make known unto the
Lords of the Committees nominated for that purpose, that the occasion of such their Message
was, for that (as they were informed) Mr Attorney General had preferr'd a Bill into the StarChamber against one Belgrave a Member of the
House of Commons, for and concerning some
matter of misdemeanour pretended to be done
towards the Earl of Huntington a Lord of the
Upper House. And therefore they desired this
mutual Conference, letting their Lordships understand, that to the preferring of the said Bill
they conceived just exceptions might be taken
by them for two respects.
First, That Belgrave being a Member of the
House of Commons was thereby vexed and molested during his Service in the time of Parliament, contrary to the Honour and Priviledge
of the House, saying that no Member of that
House ought by any such means in time of his
Service to be distracted either in body or mind.
The other, because in the said Bill preferr'd by
Mr Attorney General, who had been heretofore
Speaker of that House, and therefore as they
thought, ought to have more regard to the honour and liberty of the same, certain words and
clauses were inserted, which were taken to be
prejudicial and derogatory to the honour of the
said House. And therefore they desired that the
Lords would peruse and consider of the said Bill.
Whereupon the said Bill being offered to be
read, and for as much as it appeared that it was
not an authentick Bill testified by the hand of
the Clerk of the Star-Chamber, as had been
meet, the Lords thought it not meet (though
otherwise they were willing to have it read) nor
agreeable to the proceeding of such a Court, that
the said Bill or Scroll shall be received to reading.
And therefore with a Message to that effect were
pleased to send it down again to the House of
Commons by Mr Serjeant Yelverton and Mr Dr
Hone; who finding the House risen before they
came, brought the said Bill back again. Vide
concerning this matter on Monday the 14th day
of this instant December following.
On Friday the 11th day of December, the Bill
concerning Captains, Souldiers and other in the
Queens Services in the Wars, was returned to
the House by the Lord Steward with certain
Amendments, and a Proviso thought meet by
the Committees (whose names see on Thursday
the 12th day of November foregoing, as also on
Tuesday the 8th day of this instant December last
past) which Amendments and Provisoes were
presently twice read, and thereupon the Bill Commanded to be ingrossed.
The Bill for maintenance of the Navy, encrease of Mariners, &c. (which was committed
on Monday the 7th day of this instant December foregoing, although the mention thereof as
being of little moment be there purposely omitted) was returned to the House by the Lord
Treasurer the first of the Committees with certain Amendments, which were presently twice
read.
Four Bills were brought up to the Lords from
the House of Commons; of which the two last
were, one for the Assurance of the Parsonage of
the Vicaridge of Rotherston in the County of
Chester, and a Scholars Room in the Cathedral
Church of Christ in Oxon, of the Foundation of
K. H. 8. by the Dean and Chapter of the said
Cathedral Church, to Thomas Venables Esq; and
his Heirs for ever; And the other for the Augmentation of Rachel Wife of Edward Nevil in
the Counties of Kent: both which Bills were
read primâ vice.
Memorandum, A Proviso being drawn by the
Judges for the Bill for Confirmation of Grants
made by her Majesty, &c. as by the Court was
Yesterday appointed, the same was presented to
the House by the Lord Treasurer the second of
the Committees, testified by Mr Attorney General, that both Parties, viz. the Earl of Shrewsbury and Thomas Holcroft Esq; &c. like of it, and
the same was read primâ vice, and Conference
had immediately with the Committees of the
House of Commons in the Outward Chamber.
Vide concerning this matter on Thursday the 17th
day of this instant December following.
The Bill before-mentioned sent down Yesterday by Mr Serjeant Yelverton and Dr Hone was
sent by them again with the same Message, and
moreover to signifie unto them, that the Lords
are ready to have Conference with them.
Whereunto the House of Commons returned
Answer, that for the Conference they are ready
to meet with the Lords forthwith; And concerning the Bill, they will do what shall be fit.
Vide Concerning this on Thursday the 17th of December ensuing.
On Saturday the 12th day of December, Eight
Bills were brought up to the Lords from the
House of Commons by Mr Secretary Cecill, Mr Secretary Herbert and others, which were each of
them read primâ vice; of which the first was for
reformation of abuses in Sheriffs and other their
inferiour Officers for not duly executing Writs
of Proclamation upon Exigents according to
the Statute of 31 Eliz. And the second was
the Bill for prohibiting Fairs and Markets to be
holden on the Sunday.
Two Bills also had each of them one reading;
of which the first being the Bill for the Grant of
four entire Subsidies and eight Fifteenths and
Tenths granted by the Temporalty, was read
primâ vice. Vide concerning this Bill on Monday the 14th day and on Tuesday the 15th day of
this instant December ensuing.
The Lords and those of the House of Commons not having time yesterday to conclude
their Conference about the Bill concerning Letters Patents and Conveyances, &c. another
meeting was then appointed for them this Morning; Mr Attorney General and Mr Doctor
Carew were therefore sent unto them to let them
know, that their Lordships were ready presently
to meet. Unto which Message the House of Commons returned Answer, that they would make
their repair to their Lordships forthwith for that
purpose. Vide concerning this matter on Thursday
the 17th day of this instant December ensuing.
The Bill for the perfecting the Joynture of
the Lady Bridget Countess of Sussex, Wife of Robert Earl of Sussex, was read secundâ vice, but no
mention was made either of the Commitment or
Engrossing thereof; the supposed cause or reason of which omission see more at large on
Monday the 23th day of November foregoing.
The Bill concerning the Joynture of the Countess of Bedford was returned to the House by the
Earl of Worcester first of the Committees (who
were appointed on Friday the 4th day of this
instant December foregoing) with a Proviso and
certain Amendments thought meet to be added,
together with a Petition of the Lady Russell against the said Bill.
The Lords that were appointed Committees
for the Bill touching Letters Patents, &c. went
forth to the outward Chamber to have Conference with those of the House of Commons appointed Committees for the same Bill, but nothing concluded touching the Amendments, because the said Committees had no power to conclude; and therefore after long debate the Bill
was brought back to the House, and the relation thereof referr'd to be made by Mr Attorney,
and the same deferred till the Afternoon fitting,
by reason the day was spent.
Domimus Custos Magni Sigilli continuavit præsens Parliamentum usq; in horam tertiam post Meridiem hujus diei.
About which hour the Lord Keeper and divers
Lords having assembled themselves, five Bills
had each of them one reading; of which the
first concerning the draining and recovery from
the Water of certain Overflown-Grounds in the
County of Norfolk; The second for Reformation of Abuses committed in buying and selling
of Spices and other Merchandizes; and the third
to prevent Perjury and Subornation of Perjury
and unnecessary expences in suits of Law, were
each of them read secundâ vice. But no mention is made either of their Commitment or Engrossing, the supposed cause or reason of which
omission see more at large on Monday the 23th
day of November foregoing.
The Proviso that was pretended to be added
to the Bill for the Maintenance of the Navy,
encrease of Mariners, &c. was this day twice
read in like sort as the Amendments of the said
Bill had been before, and thereupon the Bill was
appointed to be forthwith engrossed.
The Bill for the maintenance of the Navy,
encrease of Mariners, &c. was read tertiâ vice, and
sent to the House of Commons, together with
the Bill concerning Captains, Souldiers, &c. by
Dr Carew and Dr Hone.
The Amendments and Proviso in the Bill concerning the Countess of Bedfords Joynture were
twice read, and likewise the Lady Russells Petition
was read. Whereupon it was appointed that the
Proviso should be ingrossed in Parchment, and
the Amendments in Paper.
The Committees in the Bill for the observation
of Orders in the Exchequer (who were nominated on Thursday the 10th day of this instant December foregoing) were appointed forthwith
to meet in the little Chamber near the Parliament Presence, to consider of a Proviso drawn
by the Lord Chief Justice and the rest of the
Judges, by direction of the Committees: which
Proviso having been considered of accordingly,
was brought into the House and presently twice
read; And thereupon the said Proviso was commanded to be ingrossed.
The Bill for the assuring the Patronage of the
Vicaridge of Rotherston in the County of Chester,
and a Scholars room in the Cathedral Church of
Christ in Oxon (of the Foundation of King Hen.
8th) by the Dean and Chapter of the said Cathedral Church, to Thomas Venables Esquire and
his Heirs for ever, was read secundâ vice. But
no mention is made either of the Commitment
or Engrossing, the supposed cause or reason of
which omission see more at large on Monday the
23th day of November foregoing.
Relation was made by Mr Attorney of the
Conference with the Committees of the House
of Commons touching Amendments of the Bill
of Letters Patents, &c. Whereupon because the
Committees of both Houses were not agreed, it
was thought good they should meet again upon
Monday Morning being the 14th day of this instant December, and should have Authority to
agree touching the setting down and penning of
the said Amendments, and reducing of them to
a certainty, together with the Committees of
the House of Commons coming with the like
Authority, that afterwards the same might be
presented to the Judgment of the House. This
Motion was sent down by Dr Carew and Dr Hone,
and was accepted. Vide concerning this matter
on Thursday the 17th day of this instant December ensuing.
On Monday the 14th day of December, to which
day the Parliament had been last continued on
Saturday foregoing, the Bill for the better observation of certain Orders in the Exchequer set
down and established by vertue of her Majesties
Privy Seal, was read tertia vice; And the Proviso thought meet by the Committees to be added, was also read the third time.
The Bill for the Assurance of certain Mannors
and Lands for part of a Jointure to Lucy Countess of Bedford; And the Provisoes and Amendments presented by the Committees to be added,
were also read the third time; both which Bills
were sent to the House of Commons for their
consideration of the several Provisoes and Amendments, by the hands of Dr Swale and the
Clerk of the Crown.
Four Bills also had each of them one reading;
of which the last being the Bill for the Grant
of four entire Fifteenths and Tenths granted by
the Temporalty was read secundâ vice. But no
mention is made either of the Commitment or
ingrossing thereof, the supposed cause or reason
of which omission see more at large on Monday
the 23th day of November foregoing. Vide also
concerning this Bill on Tuesday the 15th day
of this instant December immediately following.
Two Bills were brought up to the Lords from
the House of Commons; of which the second
being the Bill for Confirmation of the Charter of
King Edward the Sixth, of the three Hospitals of
Christ, Bridewell and St Thomas the Apostle, to
the Mayor, Commonalty and Citizens of London,
was read primâ vice.
The Bill to confirm the Assurance of the Mannors or Farms of Sagebury aliàs Sadgebury and
Obden, and other Hereditaments to Samuel Sands
Esq; and John Harris Gent', and their Heirs; And
the Bill for the Amendment of certain imperfections of a Statute made in the Eight Year of her
Majesties Reign concerning the true making of
Hats, were each of them read secundâ vice: But
no mention is made either of their Commitment
or engrossing, the supposed cause or reason of
which omissions see more at large on Monday
the 23th day of November foregoing.
The Paper or Scroll concerning Belgrave was
this day returned from the House of Commons
subscribed by the Clerk of the Star-Chamber, and
excuse made by them for not sending the same at
the first. Vide concerning this matter on Thursday the 10th day of this instant December foregoing.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post
Meridiem hujus instantis diei.
About which hour the Lord Keeper and divers Lords Assembling, Six Bills had each of them
one reading; of which the third being the Bill
for the Augmentation of the Jointure of Rachell
Wife of Edward Nevill of Berling in the County
of Kent was read secundâ vice: But no mention is made either of the Commitment or engrossing of the same, the supposed cause or reason of which omission see more at large on Monday the 23th day of November foregoing.
The Bill concerning the erecting of a Harbour
and Bay in the North part of Devon, &c. was
returned to the House by the Lord Steward with
one Amendment, which was presently twice
read.
The Bill prohibiting Fairs and Markets to be
holden on Sunday, was read secundâ vice, and
Committed: But in respect that all the Commitments of Bills this Parliament were of one and
the same nature, wherein the Judges were always
appointed to attend the Lords Committees, and
never nominated as Joint Committees with them,
(as see more at large discussed on Saturday the
7th day of November foregoing) therefore the
said Committees names are in this place as in divers others purposely omitted, as being matter
of no great moment; yet none of the Judges
were appointed to attend upon the Lords Committees in this present last above-mentioned Bill,
but only the Attorney General.
Upon Motion made by the Earl of Worcester,
It was Ordered by the House that William Crayford Prisoner in the Fleet should come to make
his humble submission before the Lords in the
said House to Morrow by nine of the Clock in
the Morning. Vide concerning this matter on
Saturday the 19th day of this instant December
ensuing.
The Councel as well of the Company of Plaisterers as Painters were appointed to be heard in
the House to Morrow in the Afternoon. Vide
touching this business on Monday the 18th day
of this instant December following.
On Tuesday the 15th day of December, Three
Bills had each of them one reading; of which the
second being the Bill for the erecting and making a Harbour and Bay on the North part of
Devon in the River of Severn for the Safeguard
of Men and Shipping, and to the publick good of
the Common-Wealth, was read tertiâ vice, and
sent down to the House of Commons, for their
considerations of the Amendments, by Dr Stanhop, Dr Swale and Dr Hone.
The Bill for the Grant of four entire Subsidies
and eight Fifteenths and Tenths granted by the
Temporalty, was read tertiâ vice & expedit.
Nota, That whereas in the Parliament which
was begun and holden at Westminster, in Anno 35
Regin. Eliz. Anno Domini 1592. The Knights,
Citizens and Burgesses of the House of Commons
were not drawn, without much and long dispute both amongst themselves and with the
Lords, to yield unto the Grant of three Subsidies and six Fifteenths and Tenths (being a
greater Gift than had been before ever given
unto her Majesty) and that the same was then
also assented unto in respect of the great dangers
were newly threatned to her Majesty from Rome
and Spain, with caution and promise neverthelefts
less, that it should not be drawn into Precedent
for future times; Yet in the next Parliament
which ensued in an. 39 Regin. Eliz Anno Domini
1596. although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth Year of her Majesties Reign, had
to that time come into any real Execution, the
House of Commons was notwithstanding again
drawn to yield unto the same proportion of
three Subsidies and six Fifteenths and Tenths to
be paid also to her Majesty within a shorter
time. And now lastly in this present Parliament
in an. 43, & 44 Regin. ejusdem Anno Domini
1601. the said House was finally drawn (in respect chiefly of the troubles of Ireland, where
the Spaniard had set footing) to present unto
her Highness the extraordinary and great Gift of
four Subsidies and eight Fifteenths and Tenths;
The Bill whereof did this present Tuesday being
the 15th day of this instant December pass the
Upper House upon the third reading, as it had
formerly passed the House of Commons on Saturday the 5th day of this instant Month foregoing, and had been then sent up unto the Lords
by Mr Comptroller and others, although the
sending up thereof at the said time be very negligently omitted by Thomas Smith Esq; Clerk of
the Upper House in the Original Journal-Book of
the said House. From all which matters, lastly,
compared together, this one Thesis or Conclusion
may be drawn, That whatsoever the Subject doth
once yield unto, may be afterwards advanced,
but seldom falleth.
The Bill for Naturalizing certain persons born
beyond the Seas was read secunda vice.
The Bill for Confirmation of the Subsidy of
the Clergy was read primâ, secundâ & tertiâ
vice.
Memorandum, That at the second and third
reading of the said Subsidy, the body of the
Grant was omitted to be read according to the
accustomed manner, and only the Preface and
Confirmation of the Grant were read; And the
Bill was sent to the House of Commons by Mr
Serjeant Yelverton, Mr Doctor Stanhop and Mr
Doctor Hone.
Upon the humble Petition of William Crayford lately Committed to the Prison of the Fleet,
and upon his humble Submission and acknowledgment of his offence, he was by the Order of
the Court enlarged and set at liberty. Vide concerning this matter on Saturday the 19th day of
this instant December following.
Dominus Custos magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post
Meridiem hujus instantis diei.
About which hour the Lord Keeper and divers other Lords being Assembled, the Bill for
Naturalizing of certain persons born beyond the
Seas was read tertiâ vice & expedit.
Eight Bills were brought up to the Lords from
the House of Commons; of which the first being
the Bill for continuance of divers Statutes and
for repeal of some others, And the second being
against the transportation of Ordnance, Gun
Metal, Iron Oar, Iron Mine and Iron Shot, were
each of them read primâ vice.
On Wednesday the 16th day of December, the
Bill for re-edifying, repairing and maintaining of
two Bridges of the River of Eden near the City
of Carlisle in Cumberland was read primâ & secundâ vice.
Seven Bills of no great moment had each of
them one reading; of which the fourth being
the Bill for the continuance of divers Statutes,
and for repeal of some others, And the fifth to
redress the misimployment of Lands, Goods and
stock of money heretofore given to charitable
uses, were each of them read secundâ vice: but
there is no mention made either of their commitment or ingrossing, the supposed cause or reason
of which omission see more at large on Monday
the 23th day of November foregoing.
Eight Bills were brought up to the Lords from
the House of Commons by Mr Secretary Cecill,
Sir Walter Raleigh and others; of which the first
being the Bill for ending and appeasing of all
Controversies, matters and debates between
Francis Kettlebie of the one part, and Andrew
Kettlebie and Jane his Wife of the other part;
and the second being for the recovery of many
thousand Acres of Marish and other grounds
subject commonly to surrounding within the Isle
of Ely and Counties of Cambridge, Huntington,
Northampton, Lincoln, Norfolk and Suffolk were
each of them read primâ vice; And also the
fifth being the Bill for the necessary relief of
Souldiers and Mariners was read primâ vice.
A Message was delivered from the House of
Commons by Mr Comptroller and others, that
the said House was not satisfied concerning the
Proviso added by the Lords to the Bill Intituled
An Act for the better observation of certain Orders in the Exchequer, and therefore desired
Conference with some of their Lordships about
the same.
The Conference was yielded unto and appointed to be this Afternoon in the Outward
Chamber.
The Bill Entituled An Act for Reformation
of deceits of certain Auditors, &c. being returned to the House with certain Provisoes and Amendments, the Bill with the same was forthwith twice read and Ordered to be ingrossed.
Upon Conference with the House of Commons concerning the Bill for Confirmation of
Grants made to the Queens Majesty, &c. It was
agreed by the Committees of both Houses, that
certain Provisoes and Amendments should be added to the said Bill; which being returned to
the House were presently twice read, and so commanded to be ingrossed: And thereupon the Bill
it self with the said Provisoes and Amendments
was read the third time and sent to the House of
Commons for their consideration of the same,
by Mr Attorney General and Dr Stanhop.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post
meridiem instantis diei.
About which hour the Lord Keeper and divers other Lords Assembling, Eleven Bills had
each of them one reading; of which the Bill
for the recovery of many thousand Acres of
Marish Grounds subject commonly to surrounding within the Isle of Ely, &c. The 6th being for
the redress of certain Abuses and Deceits used
in Painting, The 7th concerning matters of Assurances among Merchants, And the 8th being the
Bill for Assize of Fuel were each of them read
Secundâ vice.
Upon the meeting this Afternoon of those of
the House of Commons appointed to confer with
the Lords Committees in the Bill intituled An
Act for the better observation of certain Orders
in the Exchequer, &c. (who were appointed on
Thursday the 10th day of this instant Decem. foregoing) concerning a Proviso added by the Lords
to that Bill, after some debates of the Committees on both parts, thereupon those of the House
of Commons did signify, that the said House
would allow of the said Proviso, so as the same
might be in some certain point amended. Whereupon a question grew between them, Whether the said Amendment of the Proviso should
be made in the Upper House (upon notice given
thereof by the Committees) and so be sent down
again, or else be made in the House of Commons: which doubt being reported by the
Lords Committees by Order and Appointment
of the House, It was agreed by the common
consent, that the Amendments should be made
in the House of Commons and sent up in Paper,
and to be here inserted in the body of the Proviso. Which Order was by the Lords Committees signified to the Committees of the House of
Commons, and they thereunto assented.
Whereas it hath been accustomed in former
Parliaments that towards the end of a Parliament, a Collection should be made amongst the
Lords for the Poor, and it was this day moved
by the Lord Archbishop of Canterbury, that the
like Collection might be made at this time; It was
upon this Motion Ordered by the House, that
there should be such a Collection made accordingly: And that the Lord Bishop of Chester, the
Lord Bishop of Peterborough, the Lord Zouch and
the Lord Rich should be Collectors of the same,
and after such rates as have been usually given
and bestowed by the Lords for the said Charitable purpose in former Parliaments, and they to
take Order for the distribution of it.
On Thursday the 17th day of December the
Bill for the relief of the Poor was read Secundâ
vice.
It was Ordered that Edward Comber of the
Middle-Temple should be presently sent for and
brought before the Lords in the House for that
(contrary to the Priviledge of this Court) he
hath caused one Thomas Gerrard Gentleman to
be Arrested. And it was likewise Ordered, that
such Persons as made the Arrest or did assist the
same, shall likewise be sent for by the Serjeant at
Armes to answer their doings therein.
The Bill for the necessary relief of Souldiers
and Mariners was read Secundâ vice.
Two Bills were brought up to the Lords from
the House of Commons; of which the first being the Bill for the Assurance of certain Mannors and Lands for part of a Joynture to Lucy
Countess of Bedford was returned expedited.
Two Bills also had each of them one reading;
of which the second being the Bill for Reformation of Deceits and Frauds of certain Auditours
and their Clerks in making deceitful and untrue Particulars, was read tertiâ vice, and sent
to the House of Commons by Dr Carew and Dr
Hone.
The Bill was brought back from the House of
Commons intituled An Act for confirmation of
Grants made to the Queens Majesty, and of Letters Patents made by her Highness to others,
expedit.
Nota, That there was much dispute and some
difference between the two Houses touching this
Bill, after that it had been sent up from the
House of Commons to the Lords, and sent down
again from their Lordships to the House of
Commons with divers Amendments; as see on
Thursday the 19th day of November, and on
Monday the 23th day of the same Month last
past, as also on Monday the 7th day, Tuesday the
8th day, Wednesday the 9th day, Thursday the
10th day and Friday the 11th day of this instant
December foregoing.
The Bill for Confirmation of the Subsidy
granted by the Clergy was returned from the
House of Commons expedited.
The Bill concerning the Assize of Fuel was
read tertiâ vice & expedit.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad boram secundam post
meridiem bujus instantis diei.
About which hour the Lord Keeper and divers other Lords assembling, Five Bills of no
great moment had each of them one reading;
of which the second being the Bill for the
strengthening of the Grants made for the Maintenance and Government of the House of the
Poor called St Bartholomews Hospital, of the
Foundation of King Hen. the Eighth, was read
Secundâ vice.
The Bill for the recovery of many hundred
thousand Acres of Marshes and other Grounds
subject commonly to surrounding within the Isle
of Ely and Counties of Cambridge, Huntington,
Northampton, Lincoln, Norfolk and Suffolk was
read tertiâ vice & expedit.
Upon the third reading of this Bill it was
moved by the House, that certain Additions
might be put in the Title of the Bill and Amendments in some part of the body thereof, and the
Lord Chief Justice and Mr Attorney were required to draw the same, which was done presently by
them and presented to the House. Whereupon the
said Additions and Amendments were thrice read,
and then sent to the House of Commons, for
their consideration of the same, by Mr Attorney
and Mr Dr Hone who returned presently from the
House of Commons with their allowance of the
said Amendments and Addition in the Title of,
of the Counties of Essex, Sussex, Kent and the
County Palatine of Durham.
Three Bills also had each of them one reading;
of which the last being the Bill to make the Lands,
Tenements and Hereditaments of Edward Lucas
Gentleman deceased, Executor of the last Will and
Testament of John Flowerden Esquire deceased,
lyable, &c. was read Secundâ vice; but no mention is made either of the Commitment or Engrossing thereof, the reason or cause of which
omission, see more at large on Monday the 23d
day of November foregoing.
Conference was desired by the House of Commons with some of their Lordships about the
Bill sent to them this day concerning the reformation of Deceits and Frauds of certain Auditors, &c. The Conference was yielded unto
and appointed to be presently at the outward
Chamber near the Parliament Presence.
On Friday the 18th day of December, Four
Bills had each of them one reading; of which
the last being the Bill for the Queens Majesties
most Gracious General and free Pardon was read
primâ vice, and sent to the House of Commons
by Mr Attorney General and Mr Doctor Stanhop.
Memorandum, that whereas a Bill hath been presented to the High Court of Parliament by the
Company of the Mystery or Trade of Painters,
making thereby complaint against the Company
of Plaisterers for and concerning certain wrongs
pretended to be done to the said Painters by the
Company of Plaisterers,in using some part of their
Trade of Painting, contrary to the right of their
Charter (as is pretended) and humbly seeking
by the said Bill, reformation of the said wrong;
And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to
the contrary: Yet nevertheless the Lords of the
Upper House have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found
truly complained of and fit to be remedied, and
for the setling of some good agreement and Order for the said Painters and Plaisterers, so as
each sort of them might exercise their Trade
conveniently without impeaching one the other:
It is therefore Ordered by the Court of the Upper
House of Parliament, that the said complaint
and cause of the said Painters (which proceeded
not in Parliament) shall be referr'd to the Lord
Mayor of London, and the Recorder of London,
to be heard and examined, adjudged and Ordered as in Justice and Equity shall be found meet;
And that at the time or times of the hearing of
the said Cause, the Lord Chief Justice of England,
the Lord Chief Justice of the Common Pleas, Mr
Justice Gawdie, Mr Baron Clark and Mr Attorney
General or any four, three, or two of them,
shall assist and give their help for the making
and establishing some good Order and Agreement. And that the said parties complainant,
and also the Company of the Plaisterers shall observe and keep such Order as by the said Mayor,
the Lord Chief Justice of England, the Lord
Chief Justice of the Common Pleas, Mr Justice
Gawdie, Mr Baron Clark, Mr Attorney General,
Mr Recorder of London, or any six, five, four
or three of them (whereof the Lord Mayor and
the Lord Chief Justice of England or Lord Chief
Justice of the Common-Pleas to be two) shall
be set down and prescribed. Vide concerning this
matter on Monday the 14th day of this instant
December foregoing.
Memorandum, that whereas William Crayford
of Mongham in the County of Kent Gentleman,
was this day brought before the Lords Spiritual
and Temporal in the Upper House of Parliament
to answer an Information made against him, that
he had procured and suborned his Son William
Crayford to lay sundry Executions and Outlawries on William Vaughan Gentleman Servant to
the Earl of Shrewesbury, contrary to the priviledge of the Court; And the said Crayford
having been heard in the presence of William
Vaughan what he could say concerning the said
Information, wherein he protested that he was
guiltless, and that his said Son had not in any
sort received such direction from him as was
informed; It was therefore by the Court thought
meet and so Ordered, that the examination and
determining of the controversies and Suits depending between the said Crayford and Vaughan
should be referr'd to the Earl of Worcester, the
Lord Bishop of London and the Lord Cobham;
And that they the said Crayford and Vaughan
should enter into good and sufficient Bonds each
to other to stand to, observe and perform such
Award and Arbitrement as the said Lords shall
make and set down between them. Vide concerning this Matter on Saturday the 19th day of
this instant December immediately following.
On Saturday the 19th day of December a Motion was made in the House, for avoiding of
all further controversy between William Crayford and William Vaughan Gentlemen, That forasmuch as each of them took mutual Exception
one to the other touching the Bonds whereinto
they formerly entred by Order of the Court
(the said William Crayford alledging that it sufficed not William Vaughan alone to be bound,
because his Heirs or some other claiming by and
from him might trouble and molest him: And
that the said Vaughan is insufficient; And the
said William Vaughan alledging, that if William
Crayford were bound alone, his Sons or Heirs
might molest and trouble the said Vaughan without hazard of the Bond) some further Order
might thereupon be taken; It was therefore this
day Ordered by the Court, that the said William Crayford and his eldest Son Edward Crayford should enter into sufficient Bond unto the
said William Vaughan, without hazard of the
Bond, for themselves and their Heirs, that they
and every of them shall stand to the Award
and Arbitrement of the Earl of Worcester, the
Lord Bishop of London and the Lord Cobham,
or any two of them; And that also the said
William Vaughan shall enter into like Bond with
a sufficient surety for himself and his Heirs, to
stand to the said Award of the Lords beforementioned, or any two of them so as such Award be made before the Feast of Easter next
following. And moreover, it is Ordered by the
Court that if they or either of them shall refuse
to enter into Bond according to the said Order,
That the Lord Keeper (notwithstanding the
ending of the Parliament, and though it be after the time) shall commit them or either of
them to close Prison so refusing, there to remain
until the party refusing be conformable to the
said Order. Vide concerning this matter on Tuesday the first day, Wednesday the second day,
Thursday the third day, Friday the fourth day
Monday the fourteenth day, Tuesday the fifteenth
day, and on Friday the eighteenth day of this
instant December foregoing.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad horam secundum post
meridiem bujus instantis diei.
About which hour in the Afternoon the Queens
Majesty was personally present, being accompanied with the Lord Archbishop of Canterbury,
Sir Thomas Egerton Knight Lord Keeper of the
Great Seal, the Lord Buckhurst Lord Treasurer of
England, and with divers other Lords Spiritual
and Temporal; but what was there done is not
mentioned in the Original Journal of the Upper House, and is therefore supplied out of a
very elaborate private Journal of the House of
Commons.
Her Majesty with divers Lords Spiritiual and
Temporal being set in the Upper House in their
Parliament Robes between two and three of
the Clock in the Afternoon, the Knights, Citizens and Burgesses of the House of Commons
had notice thereof, and thereupon repaired thither with John Crooke Esquire Recorder of London their Speaker, who being placed at the
Rail or Bar at the lower end of the said
Upper House, after he had made three Reverences to her Majesty sitting under a rich Cloth
of State, spake to this effect following.
That Laws were not at first made with humane Pen, but by Divine Ordinance; That
politick Laws were made according to the evil
conditions of Men, and that all Laws serve not
for all times, no more than one Medicine for
all Diseases; If he were asked, what were the
first and chiefest thing to be considered, he
would say, Religion. So Religion is all in all,
for Religion breeds Devotion, Devotion breeds
Zeal and Piety to God, which breedeth Obedience and Duty to the Prince, and obedience
of the Laws, which breedeth Faithfulness and
Honesty and Love, Three necessary and only
things to be wished and observed in a well Governed Common-Wealth. And that her Majesty by planting true Religion had laid such a
Foundation upon which all those Virtues were
so planted and builded, that they could not easily be rooted up and extirpated. And therefore
he did acknowledge, that we ought and do acknowledge that we will praise God and her
Majesty for it. And then he descended to
speak of Governments and Laws of Nations,
among and above all which he principally preferr'd the Laws of this Land, which he said were
so many and so wise, that there was almost no
offence but was met with in a Law. Notwithstanding her Majesty being desirous for the good
of her Land to call a Parliament for redrefs of
some old Laws and making some new, her dutiful and loving Subjects having considered of
them, have made some new, and amended some
old, which they humbly desire may be made
Laws by her most Royal Assent which giveth
life unto them. And so after thanks given for
the Pardon by which we dread your Justice and
admire your mercy, and a prayer unto her
Majesty that she would accept as the Testimonies
of our Love and duty offered unto her, with
a free Heart and willing Spirit, Four entire Subsidies and Eight Fifteenths and Tenths, to be
collected of our Lands and Livelihoods; In
speaking whereof he mistook and said, Four
entire Fifteenths and Eight Subsidies, but he
was remembred by some of the Councel that
stood near about him, and so spake right as aforesaid; and having craved pardon for his offence, if either he had forgotten himself in Word
or Action, he ended.
The which the Lord Keeper Answered thus
in effect. First as touching her Majesties proceedings in the Laws for her Royal Assent, that
should be as God should direct her Sacred Spirit.
Secondly, For your presentation of Four Subsidies
and Eight Fifteenths and Tenths; Thirdly, your
humble thankfulness for the Pardon, for them and
yourself; I will deliver her Majesties Commandment with what brevity I may, that I be not tedious to my most gracious Sovereign. First she faith,
touching your proceeding in the matter of her
Prerogative, that she is perswaded Subjects did
never more dutifully; And that she understood
you did but obiter touch her Prerogative, and
no otherwise but by humble Petition; And
therefore, that thanks that a Prince may give to
her Subjects, she willingly yieldeth: But she now
well perceiveth, that private respects are privately masqued under publick presence. Secondly, touching the presentation of your Subsidy,
she specially regardeth two things, both the persons and the manner. For the first, he fell into
Commendations of the Commonalty; for the
second; the manner, which was speedy, not by
perswasion or perswasive inducements, but freely
out of duty with great contentment. In the
thing which ye have granted, her Majesty
greatly commendeth your confidence and Judgment; And though it be not proportionable to
her occasions, yet she most thankfully receiveth
the same as a loving and thankful Prince; And
that no Prince was ever more unwilling to exact
or receive any thing from the Subject than she
our most gracious Sovereign; For we all know
she never was a greedy Grasper nor strait-handed
Keeper; And therefore she commanded me to
say, that you have done (and so she taketh it)
dutifully, plentifully and thankfully.
For your self, Mr Speaker, her Majesty commanded me to say, that you have proceeded
with such Wisdom and Discretion, that it is
much to your Commendations; and that none
before you hath deserved more.
And so he ended after an Admonition given
to the Justices of the Peace, that they would not
deserve the Epithetes of prolling Justices, Justices of Quarrels, who counted Champetrie good
Chevesance, Sinning Justices who do suck and
consume the wealth and good of the CommonWealth; and also against those who lie (if not
all the Year, yet) at least three quarters of the
year in this City of London.
After the before-recited Speeches were ended
as abovesaid, then were the titles of all the Acts
read in their due Order.
After which ended, and her Majesties Assent
thereunto, then the Dissolution of the Parliament followed by the Lord Keeper, which is
entred in the Original Journal-Book of the
Upper House in these words following, viz.
Dominus Custos magni Sigilli ex mandato Dominæ Reginæ Dissolvit hoc præsens Parliamentum.