The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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On Monday the second day of April, the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens, was upon the second reading committed unto the Knights and Burgesses of Devon, Mr. Serjeant Harris, Mr. George Moore and others, and the Bill was delivered unto Sir Thomas Dennis one of the same Committees, who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.
Six Bills were sent up to the Lords by Mr. Treasurer and others; of which the first was the Act for Confirmation of the Subsidies granted by the Clergy; and another touching the Lands of Sir Francis Englefield Knight, Attainted of High Treason; the residue being of no great moment.
Sir William Brunker, one of the Committees in the Bill concerning Spinnersand Weavers (who had been appointed on Monday the 26th day of March last past) shewed, that the Committees had met, and upon Conference amongst them thought good to make a new Bill: And so bringing in both the old Bill and the new, prayed the reading of the said new Bill.
The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign, Intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Amendments to the same, had its first reading.
Three Bills of no great moment had each of them one reading; of which the second being the Bill against counterfeiting of Counsellors hands, &c. was read the third time, and dashed upon the Question.
The Bill for relief of maimed Souldiers and Mariners was twice read, and committed unto all the Privy-Council, the Knights and Burgesses of London, the Burgesses of York and others, who were appointed to meet this Afternoon at two of the Clock in this House.
Nota, That certain Members of the House were appointed to draw a Bill for the relief of maimed Souldiers and Mariners on Monday the 12th day of March foregoing, which Bill being so drawn, was upon Saturday the 24th day of the said March upon the second reading referred to certain Committees, and was lately upon Wednesday the 28th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in, and thereupon the aforesaid new Bill preferred this day and twice read.
Mr Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a bead, lately passed this House with some Amendments; shewing, that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly. And that their Lorships have further thought good to add unto the said Bill a Proviso, for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration, have passed the said Proviso, and affiled the same to the said Bill, and sent it down to this House, to be also passed here if this House shall so think meet.
On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read, and committed to the former Committees (who had been appointed on Monday the 26th day of March foregoing) and Mr. Wroth and the Burgesses of York and Norwich were added untothem.
Sir Thomas Denis, one of the Committees in the Bill concernning Devonshire Kerseys and Dozens (appointed yesterday) shewed the meeting of the Committees, and that they have in some few things amended the Bill, praying the reading of the said Amendments; which being thereupon twice read, the Bill upon the question was ordered to be ingrossed.
The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock, Mr Stevenson, the Knights and Burgesses for London, Mr Wroth, Mr Peak, and the Burgesses for Oxon, Cambridge, Sandwich, and Newcastle Under-line, who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.
The Return of the Habeas corpus cum Causa made by the Sheriff of the County of Darby for Mr Thomas Fitzherbert.
Which short remembrance of this excellent Precedent (how far an Outlawed man may be a Burgess of the Parliament) is all that is found in the Original Journal-Book it self of the House of Commons. And therefore because there was much debate concerning it this day, as had been on divers other days foregoing (viz. on Thursday the first day, Friday the 2d day, Saturday the 17th day, and on Friday the 30th day of March last past) have caused it to be transcribed at large out of the often before-recited Anonymous Journal, in manner and form following.
The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House. The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici. And the House appointed the Writ sent out of Chancery to be annexed unto the Record. The words of the Writ were Tibi præcipimus quòd capias corpus Tho. Fitzherbert, quocunque, &c. Dat. apud. Westm. 7° die Martii. 35 Eliz.
The Sheriffs Return, Deliberatum fuit hoc Breve 15. die Martii super, &c. sed ante adventum istius Brevis (scilicet) 3° Februarii 35 Eliz. captus fuit Thomas Fitzherbert, &c.
Mr Dalton said, The Return of the Writ being made unto another Court, and the Record it self being in another Court, we cannot be Judges of the matter, nor enlarge the party. And as for the Return, methinks it therefore insufficient, because it was not returned into this Court: And I see not how we can be Judges of the Return. For the number of voices in this Cause is not to be judged for Law, whether it be a good Return or not; for that which is Law, will notwithstanding rest for Law for all our Voices. Therefore I think that priviledge quæ est privatio Legis in this Case could not be granted.
Mr Brograve said, As to the matter of priviledge, the Cause to me is very doubtful, because priviledges in these Causes are very rare, and so the matter resteth in doubt. This Court for its Dignity and highness hath priviledge, as all other Courts have; And as it is above all other Courts, so it hath priviledge above all other Courts; and as it hath priviledge and Jurisdiction too, so hath it also Coercion and Compulsion; otherwise the Jurisdiction is nothing in a Court, if it hath no Coercion. Therefore it seemeth unto me, that the Return of the Writ ought to have been returnned into the Court of Parliament; but whether the Return be to be made into the Upper House or Lower House, I know not.
For in many Cases we have divided Jurisdictions, and the Upper House hath Jurisdiction by it self, therefore if a Nobleman hath a Servant that were arrested, they might make their Writ of Priviledge returnable before themselves and give him Priviledge. And here in this House, if one that is a Member of this House and have sate here, be arrested sedente Parliamento, we are to give him Priviledge. But if he be taken before his coming hither, it is not in our power to deliver him, but we must have the assistance of other Courts in such Causes. The use is such in other Causes: If the Action be a Mahime, whether this be a Mahime or no the Court will not judge, until those that have Science in those things affirm it to be so. And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known, before the Judgment is given. So in this Court, we ought to desire Instructions from the Judges of the Realm, whether in this Cause by the Law we can grant priviledge or no.
For Priviledge there be two Writs issuing out of this House; the one is a general Corpus cum Causa, and this is granted upon apparent cause of Priviledge: as if a Member of the House be taken sedente Parliamento. The other Writ is called a Writ of Parliament; this is granted when the Cause is to be judged by the Parliament. But whether Priviledge be to be granted to this party or no, it is not apparent. And in the Cause the Lord Keeper is not to be Judge; But here the whole Record is to remain, and we with the advice and opinion of the Judges are to consult if the party be to have priviledge.
Therefore seeing the Court hath Coercion in it self, let us with the advice of the Judges proceed as we have power: For if we give away our Coercion, we give away our Jurisdiction.
Mr Serjeant Harris said, the Record remaining in Chancery, this House is sufficiently possessed of it, even as in Case of all the Returns of Knights and Burgesses.
Mr Francis Bacon said, The Return is well, for the Return is an ensuing of the Writ that must be made under Seal.
As for taking the assistance of the Judges, it is a good course; for though we sit here to make Laws, yet until the new Law is made, the old Law is of force, and our Conference with them gives away no resolution from us, but taketh advice only from them.
Vide 38 H. 8. fol. 60. a. Dyer.
Mr Finch said, in my opinion the Return should have been into this House. For a Writ of Error sued here, the Writ used to be returned hither, as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7.
It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned, but the party appearing the Court proceedeth.
Mr Speaker desired to know of the House if for their better Information, they would give him leave to speak; which the House willingly granted.
Whereupon he said: For the discharge of my own duty, and informing of your Judgments, who I know will judge wisely and justly, I will deliver unto you what I have learned, and what I have observed; for ever since the lodging of this Parliament, I have thought upon and searched after this Question, not particularly for this Cause, but this point, the priviledge of the House; for I judged it would come in question for many occasions.
The Question is drawn to two Heads, the one about the Writ, the other about the Return.
First, Whether the Writ might have gone out of this House. I will tell you plainly my opinion, I beseech you let me not be ill thought of, if I be rude in what I say, for it is my fault, I cannot speak so mildly as some; but my manner is, that which I speak, I speak sharply and somewhat roundly, but always with this tacite Condition, submitting my self to any better reason that shall be shown me.
Though any Court of Record hath this Jurisdiction to make out Processes, yet this Court cannot. Why? this may seem strange, that every Court in Westminster, every Court that hath Causes of Plea, every Lords Leet, and every Court Baron hath his power, that they may make out Process; yet this Court being the highest of all Courts cannot; how can this be? The nature of this House must be considered; for this Court is not a Court alone; and yet there are some things wherein this Court is a Court by it self, and other things wherein it is no Court of it self.
To know then how we are one House, and how we can be divided Houses, this would give great light to the Question.
At the first we were all one House and fat together, by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred. For there were Parliaments before the Conquest. This appeareth in a Book which a grave Member of this House delivered unto me, which is Intituled Modus tenendi Parliamentum; out of that Book I learn this, and if any man desire to see it, I will shew it him. And this Book declareth how we all sat together, but the Commons sitting in presence of the King and amongst the Nobles disliked it, and found fault that they had not free liberty to speak. And upon this reason that they might speak more freely; being out of the Royal sight of the King, and not amongst the great Lords so far their betters, the House was divided and came to sit asunder.
A bold and worthy Knight at the time when this was sought, (the King desiring a reason of this their request, and why they would remove themselves from their Betters) Answered shortly, That his Majesty and the Nobles being every one a great person, represented but themselves; but his Commons though they were but inferiour men, yet every one of them represented a thousand of men. And this Answer was well allowed of.
But now though we be divided in Seat, be we therefore divided Houses? No; for if any Writ of Error be brought, as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament, that is, to the whole House, and chiefly then to the Upper House, for we are but a limb of the House. Now where a Record is removed upon a Writ of Error given to another Court, the manner is, that the chief of that Court bring the Writ in his hand to the House: But humbly sheweth unto the House, that the Record being remitted out of the Court, no Execution can go forth though the Judgment be affirmed. The Court of Parliament thereupon maketh Transcript of the whole Record, and returns the Record again to the Court; but if the Judgment be reversed, then the Record it self is Cancelled and rased. This I read in my Book.
For in this Case, whatsoever a man tells me I believe it not unless I see it written, Non lego non credo, in these Cases. In the twenty third of the Queen, I was of Councel with one in a Cause where we tryed all means to reverse a Judgment, and brought a Writ of Error in the Parliament, and the Writ was issuing out of the Parliament, and upon the fieri facias' was set Domina Regina, and it was under the Great Seal of England, and the Writ was returned in Parliament.
So this is plain the Writ is always returnable in Parliament; but if in Parliament, then of the Upper House, for of that House we are but a Limb. This Writ I have seen then thus returned, but never any man saw a Writ returnable in the Lower House; so for this I hold the Writ cannot be returnable into this House.
But now for the Authority we have, for although this be true, I say, yet I speak not to take any priviledge from this House; for some things there are wherein we have Authority all of us. But this is certain whatsoever we do sedente Parliamento, it is the Act of the whole Court; for the Lords without the Commons, and the Commons without the Lords, can do nothing: Now then at the first before the division of the House, all Writs were returned proximo Parliamento; but since the division of the House it hath been always used, and plainly it must be returned into Chancery.
And to say we cannot have notice of it, nor cannot judge upon the Record being in Chancery plainly, we may as well as we do upon the Return of every Burgess which is made into the Chancery, and the Cause is all one.
And the Chancery in making the Writ will not alter from that their Warrant made from this House, which must be according unto ancient form: for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ, I desired to have a recital added in these words, Quòd cùm existente Parliamento captus fuit, &c. with the recital of the Cause of priviledge. My Lord Keeper conferring with the Judges upon it, would not allow it, but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge, until there appeared a Cause of priviledge for the party.
As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers, I have heard great learned men say; that that Cause is no good Law, and that the House did more than was warrantable.
Now for the Motion of Conference with the Judges, the Case of Thorpe 31 H. 6. is not able for this point: I have the Record. Thorpe was Speaker in that Parliament, The Parliament being Summoned to be in June, it was Prorogued until September; in the mean time, Thorpe was taken in Execution by the Duke of York; he notwithstanding this thought to have had the priviledge of the Parliament. At the next Sessions, the matter being greatly considered, whether he could have a priviledge or no, a Conference was had in the Cause with the Judges; the Judges being required in humble sort refused, except it were so that the House did command them (for in the House of Parliament the chief Judges and their Judgments are controulable by the Court) but if the House did command them, they would be willing to inform them what in their opinions they knew and thought.
This they did in the great Cause of Thorpe, and I think we should do well in doing the like.
Now another thing is to be considered, for Judicis Officium est ut res it a temperari, &c. The consideration of Time must accompany a Judges Office, the Parliament draweth to an end, and this would be done with expedition; so the party was appointed to have his Councel the next Morning in the Parliament, and they to be heard and have the advice of the Judges. Vide the Resolution and Conclusion of this business upon Thursday the 5th day of this instant April ensuing.
Thus far out of the aforesaid Anonymous Journal; the residue of this days Passages and part of the next are inserted out of the Original JournalBook it self.
Mr Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners (appointed on Monday the 2d day of this instant April foregoing) shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House; and shewing the same Amendments with the reasons of them to the House, the same Amendments were well liked of by this House, and assented to be inserted into this said Bill; and after the twice reading of the said Amendments, the said Bill so being amended was upon the question Ordered to be ingrossed.
Four Bills of no great moment had each of them one reading; of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas, had its first reading.
On Wednesday the fourth day of April, Mr Barker one of the Committees in the Bill concerning Spinners and Weavers (who had been appointed on Monday the 26th day of March foregoing) shewed the meeting and travel of the Committees and their Amendments to the Bill, praying the reading of the same Amendments; which being read and ordered by the House to be inserted into the Bill, the same Amendments were afterwards twice read, and the Bill was upon the Question Ordered to be Ingrossed.
Mr Wroth, one of the Committees in the Bill concerning Brewers, shewed the meeting and travel of the Committees, and their Amendments to the said Bill, and prayeth the reading of the same Amendments; which being read, and Ordered by the House to be inserted in the said Bill, and also twice read afterwards, was upon the Question Ordered to be ingrossed.
The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign, Intitled an Act to retain the Queens Majesties Subjects in their due obedience, with some Amendments to the same, was read the second time. Upon which divers Speeches passed in the House before the said Bill was committed, some of them being of very good moment. Which because they are omitted in the Original Journal-Book it self, are therefore supplied out of the often before recited Anonymous Journal in manner and form following.
Sir Thomas Cecill, Doctor Lewen, Mr Sands, Sir Thomas Heneage, Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin. Eliz. for reducing disloyal Subjects to their due obedience, as is aforesaid.
Sir Walter Raleigh said, In my conceit the Brownists are worthy to be rooted out of a Commonwealth: But what danger may grow to our selves if this Law pass, it were sit to be considered. For it is to be feared, that men not guilty, will be included in it. And that Law is hard that taketh life and sendeth into banishment, where mens intentions shall be judged by a Jury, and they shall be Judges what another means. But that Law that is against a Fact, is but just; and punish the fact as severeley as you will.
If two or three thousand Brownists meet at the Sea, at whose charge shall they be transported, or whither will you send them? I am sorry for it, I am afraid there is near twenty thousand of them in England, and when they be gone, who shall maintain their Wives and Children.
Mr Finch said, There be great faults in the Preamble and in the Body of this Bill. It pretendeth a punishment only to the Brownists and Sectaries, but throughout the whole Bill, not one thing that concerneth a Brownist; and if we make a Law against Barrowists and Brownists, let us set down a Note of them, who they are. But as the Bill is, not to come to Church, or to speak against the government established, this is not the opinion of the Brownists.
The Law that is intituled An Explanation, is nothing else, save that it hath a name of it. For Laws Explanatory are no New Laws of themselves, but part of the old; for there ought to be nothing in the declaratory Law that was not in the former, as appeareth in the Cause of Surnand and Stowell, the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7.
This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors. This Law excepts no Person; So all are in the former penalties of that Law: for 23 of Eliz. is only for such as are of the Romish Religion; and now to make it include all the opinions, is to make additions to that but no Explanations.
The Clause of speaking against the Law is very dangerous; For who can be safe from this? Non Hospes ab hospite tutus. For if a man speak against Non-Residents, Excommunication as it is used, or any other abuse in the Church, he incurs the danger of the Law.
The Clause against Conventicles is very dangerous. For the Conference of any Persons together being of any number, the Prayers of Holy Exercise, being not allowable in any place by the Law, is an assembling against the Laws: for the words be very strict, howsoever not contrary to the Law, the offence is all one.
Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen, but such as are intended in this Statute, And the annexing of the words, He must be an obstinate Recusant, and also write and speak, &c. This is very suspicious, for Obscuris vera is never good.
Whosoever repaireth not to his own Parish Church is a Recusant within this Law. Vide Apr. 6. die Veneris sequent.
Thus far out of the aforesaid Anonymous, Journal; the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self.
After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience, the said Bill in the end was committed unto all the Privy Council, Sir Walter Raleigh, Sir Henry Unton, Sir Francis Hastings, Doctor Jo. James, Doctor Lewen, Mr Doctor Cæsar, Sir William Moore, Mr Francis Bacon, Mr Serjeant Harris, Mr Wroth, Sir Thomas Cecill, Mr Finch, Mr Skinner, Mr Mainard, Mr George Moore, Sir Henry Cocke, Mr Fuller, Mr. Robert Knowls, Sir William Knowls, Sir Edward Dymock, Sir Edward Stafford, Mr. Edward Lewkenor, Mr. Henry Brett, Mr. Periam, Sir Thomas Dennies, Sir Robert Sydney, Mr. Wroth, Sir. William Bowes, Mr. Atie, Mr. Helcroft, Sir Thomas West, Sir Matthew Morgan, Mr Berkeley, Mr. Sands, Mr. Boucher, Mr. John Payton, Sir Richard Molineux, Mr. Tasborough, Mr. Horsey, Mr. Attorney of the Dutchy, Mr. Finch, Mr. Fuller, Mr. Amersam, Sir George Cary, and Sir George St Poole, and the Bill was delivered to Mr. Treasurer, who with the rest was appointed to meet in this House, to Morrow at two of the Clock in the Afternoon.
Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords, that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon, touching the Bill for the reviving, continuance, explanation and perfecting of certain Statutes lately passed this House, and sent up to their Lordships, and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred, and the Message declared to the House by Mr. Speaker, it was required by the House, that forasmuch as the Bill last read was then, and long before had been in dispute and Argument, Answer thereof might be returned unto their Lordships, that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon (for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships) Which being so signified to the said Mr Serjeant Owen and Mr Attorney General accordingly, shortly after Mr Doctor Carey and Mr Powle brought word from the Lords, that their Lordships would be ready this Afternoon to conser with the Committees of this House, in the Chamber next to the Upper House. Which done, it was Ordered that the former Committees of this House, (who had been nominated on Monday the 28th day of March foregoing) be appointed to attend their Lordships at the said time and place, and a note of the Committees names were delivered to Mr Treasurer.
On Thursday the 5th day of April, the Bill for true Assizing and marking of Timber was read the second time, and committed unto Mr George Moore, Mr Dalton, Mr Wroth, Mr Browne, Sir John Hart and others, and the Bill was delivered to the said Sir John Hart, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.
Mr Serjeant Owen and Mr Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of the Letters Patents made by his Highness to others, and do pray from their Lordships the speedy Execution of the same.
Mr Vice-Chamberlain, one of the Committees with the Committees of the Lords in the Bill for reviving, continuing, explanation and perfecting of certain Statutes, sheweth the meeting and Conference with the Committees of the Lords, and that their Lordships have thought good to add some small Amendments to the said Bill; and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn, as the like whereof was in the Statute of 13° of her Majesties Reign.
Nota, That the business so much before agitated touching Mr Fitzherbert received this day the final resolution of the House, as is plainly set down in the often before-cited Anonymous Journal, although it be wholly omitted in the Original Journal-Book it self, which said Cafe was singly this. Thomas Fitzherberts being elected a Burgess of the Parliament, two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election, the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit (as may be collected out of the reasons given of their said Resolution) and then his Indenture was returned to the Sheriff. Upon all which matters there grew two Questions; First, whether the said Mr Fitzherbert were a Member of the House; And secondly admitting he were, yet whether he ought to have priviledge. Which said matters having been formerly much debated on Thursday the first day, Friday the second, Saturday the 17th day, and on Friday the 30th day of March last past, as also on Tuesday the third day of this instant April foregoing, received now at last the Judgment of the House, which is inserted out of the aforesaid Anonymous Journal in manner and form following.
The Judgment of the House was, That Thomas Fitzherbert was by his Election a Member thereof; yet that he ought not to have priviledge in three respects. First, Because he was taken in Execution before the return of the Indenture of his Election; Secondly, Because he had been Outlawed at the Queens Suit, and was now taken in Execution for her Majesties debt; Thirdly and lastly, in regard that he was so taken by the Sheriff, neither sedente Parliamento, nor eundo nor redeundo.
Thus far out of the aforesaid Anonymous Journal; the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original JournalBook it self.
The Bill concerning Clapboards and Casks (which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of Mr Fitzherbert) had the third reading and passed upon the Question.
Mr Attorney General and Mr Doctor Carey do bring from the Lords the Bill for renewing, continuing, explanation and perfecting of certain Statutes, lately passed this House with some Amendments, and a Proviso; which Bill was sent up to their Lordships from this House.
The Bill for necessary relief of Souldiers and Mariners was read the third time, and passed upon the Question.
Upon a Motion made by Francis Neale Esq;, one of the Burgesses for the Borough of Grantham in the County of Lincoln, That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn, at the Suit of one Wessellen Weblen a BeerBrewer; and shewing further, that he had satisfied the money due upon the said Execution; but yet nevertheless in regard of the preservation of the Liberties and priviledges of this House thought it his duty to make this House acquainted with the matter, and so refer and leave it to their grave Wisdoms. Whereupon it was upon the Question Ordered, that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow, to answer their contempt accordingly. Vide diem sequentem.
On Friday the 6th day of March, Two Bills of no great moment had each of them one reading; of which the second being the Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster, was upon the second reading committed unto all the Privy-Council, the Knights and Burgesses of London, Mr Francis Bacon and others; and the Bill was delivered to Mr Wroth, one of the said Committees, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber.
The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question.
The Proviso in the Bill for reviving, continuing, Explanation and perfecting of certain Statutes (the Amendments being first read and Ordered afterwards to be inserted) was three times read, and they were all passed upon the question accordingly.
The Proviso of the Lords to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of aboad, was three times read and passed upon the Question.
The Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, was read the third time and passed upon the Question.
Eight Bills which lately passed this House, viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts, The Bill concerning Spinners and Weavers, The Bill touching Clap-boards and Casks, The Bill for relief of Souldiers and Mariners, The Bill concerning Devonshire Kerseys, The Bill for reviving and perfecting divers Statutes, with a new Proviso, The Bill for restraining of Popish Recusants to some certain places of aboad, And the Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, were sent up to the Lords by Mr Treasurer and others.
Mr Doctor Carey and Mr Powle do bring from the Lords a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm; and prayed from their Lordships the speedy expediting of the same Bill, for that this Parliament draweth near unto an end. Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh, Sir Francis Drake, Mr Lewkenor, Mr Wroth, Mr Finch and Mr Flower; and the Bill was delivered to Sir Francis Drake, who were appointed to meet in the Afternoon of this present day.
The Bill against persons Outlawed and such as will not pay their debts was read the second and third time, and dashed upon the question.
Mr Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Addition to the same, shewed the meeting of the said Committees yesterday, their long tarrying together, in the end their desisting without any determinable resolutions, occasioned by reason of many and sundry Arguments and opinions, and afterwards somewhat intimating the unkindness of the Lords in neglecting the said Bill in this House; adviseth, that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered Barrowists and Brownists, without peril of intrapping honest and loyal Subjects. Which in the end after sundry Speeches both with the Motion and against it, it was presently upon the Question assented unto, and Ordered, that Mr Vice-Chamberlain, accompanied with a convenient number of the Members of this House, should presently repair to the Lords to move the said Conference accordingly. Which so being done, the said Mr Vice-Chamberlain shewed, that their Lordships had willingly assented unto the said Conference, and did appoint for that purpose the time to be at two of the Clock this Afternoon in the accustomed place. Which done, it was Ordered that the former Committees (who were appointed on Wednesday the 4th day of this instant April foregoing) should then and there attend their Lordships. And the Bill was delivered to Mr Vice-Chamberlain.
Wesselen Weblen Beer-Brewer and John Lightburn Serjeant at Mace, being present at the Bar, and charged by Mr Speaker very deeply and amply with their great contempt against the Authority and Jurisdiction of this most High Court of Parliament, in Arresting of Mr Francis Neale, one of the Members of this Honourable Assembly, to the great prejudice and derogation of the antient and usual Liberties and Priviledges of this House; They the said Weblen and Lightburn humbly submitted themselves, and pretended by Ignorance to extenuate their faults. Which done, and they being sequestred, after some Speeches and debates touching the punishment of the said Weblen and Lightburn, some one way and some another; it was in the end resolved upon the Question, that they should be committed Prisoners to the Tower by Order of this House, there to remain during the pleasure of this House. And then afterwards the said Weblen and Lightburn being brought in again to the Bar, Mr Speaker remembring again unto them the hainousness of their offence, pronounced unto them the said Judgment of this House; and gave charge unto the Serjeant of this House to deliver the said Weblen and Lightburn unto Mr Lieutenant of the Tower according to the said Order and Judgment of this House against them. Vide in principio diei præcedentis.
On Saturday the 7th day of April, the Bill concerning Coopers was upon the second reading committed unto Mr Serjeant Harris, Mr Dalton, Mr Wroth and others, and the Bill was delivered to Sir John Hart one of the same Committees, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.
The Bill for Naturalizing of Justin Dormer and George Sheppy, was upon the second reading Ordered to be ingrossed.
Mr Finch, one of the Committees in the Bill for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, shewed the meeting of the Committees and some few Amendments to the Bill, praying the reading of the same Amendments; which being read and allowed by the House, the said Amendments were twice read, and the Bill and the said Amendments also read the third time and passed upon the Question accordingly.
Sir John Hart, one of the Committees in the Bill for the true assizing and marking of Timber (appointed on Thursday the 5th day of this instant April foregoing) shewed the meeting of the Committees, and their opinion of nothing fit to be done without much inconvenience in the said Bill at all, and so delivereth in the said Bill again to the House.
The Bill for the Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, was upon the second reading committed unto all the Privy-Council, Mr Amersham, Mr Attorney of the Dutchy, Sir Francis Drake, Sir Walter Raleigh and others; and the Bill was delivered to Mr. Chancellor of the Exchequer, together with the Committees Names, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.
Mr. Tasborough moveth the reading of the Amendments of the Bill for the ease of Jurors returned upon Tryal, which Amendments being twice read, the Bill was upon the Question Ordered to be ingrossed.
Mr. Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch of a Statute made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due Obedience, with some Additions to the same (who had been appointed on Wednesday the 4th day of this instant April foregoing) shewed the meeting with the Lords in Conference, and withal the very honourable and grateful acception and allowance of their Lordships unto all the reasons of this House offered unto their Lordships by the said Committees of this House; and so concluding shewed that such Additions, Substractions and Alterations have been made, as by the good liking as well of the said Committees of the Lords, as by the more part of the said Committees of this House was thought fit; and so moved that the same Additions, Substractions and Alterations might be read to the House for the further liking of this House in the same, at their pleasures. Which being so read accordingly, it was after sundry contrary Arguments Ordered, that some of the former Committees of this House should presently have further consideration thereof in the Committee Chamber of this House, which was thereupon so done accordingly. Vide concerning this matter on Wednesday the 4th day of this instant April foregoing.
Mr Serjeant Owen and Mr Doctor Ford do bring from the Lords the Bill lately passed this House for Mr Anthony Cooke, with a saving now added by their Lordships; And the Bill also for the Relief of Souldiers and Mariners, likewise lately passed this House, with some Additions now also added to the same by their Lordships.
The saving in the Bill for Mr Anthony Cooke lately sent down to this House from the Lords, was three times read, and so passed upon the Question.
The additions in the Bill for the relief of Souldiers and Mariners lately sent down to this House by the Lords were three times read, and upon the Question passed, and were ordered to be inserted into the same Bill.
The Bill concerning Brewers and the Brewing of Beer and Ale was read the third time, and passed upon the Question.
The Bill for maintenance of Cloth-making in the Town of Crambrook in the County of Kent was read the second time, and Ordered not to be committed.
The Bill for naturalizing of Justin Dormer and George Sheppy had its third reading, and passed upon the Question.
The Bill for Explanation of a Branch of a Statute made the 23th of her Majesties Reign, intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Additions to the same, was read the third time; And all the Additions and Amendments of this House to the same Bill being also three times read, the said Bill with some Additions and Amendments passed upon the Question.
On Monday the 9th day of April, Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar, are after admonition given them by Mr Speaker discharged by the Order of this House of their Imprisonment, paying their Fees. Vide concerning this matter on Thursday the 5th day and on Friday the 6th day of this instant April immediately foregoing.
Mr Chancellour of the Exchequer, one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, shewed the meeting of the Committees, and that they have considered of some small amendments; and shewed further, that four several Provisoes were offered to them touching the said Bill, one by Mr Adams and one by Mr ..... Tipper, and one by Mr Daws; and so offereth both the Bill and the Amendments, and the said former Provisoes also, leaving all the same to the further consideration of this House.
Six Bills which last passed this House; of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, and the second for Mr. Anthony Cook, were sent up to the Lords by Sir Robert Cecil and others.
Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. &c. it was upon the Question denied to be received, and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received, with the difference of forty Persons, viz. with the No one hundred twenty nine, and with the Yea eighty nine.
Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them, shewing that their Lordships are now at good leisure: And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House, viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty, as also for Confirmation of Letters Patents made by his Highness to others; and the Bill for restraint of new Buildings, &c. Which Message being opened to the House, Answer was made that one of the said Bills being presently in debate in the House, should by and by be returned unto their Lordships.
The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others, was read the third time, and passed upon the Question, and was presently sent up to the Lords by Mr. Vice-Chamberlain and others.
Mr. Fuller, one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates, and Inclosures in and near the Cities of London and Westminster (who had been appointed on Friday the 6th day of this instant April foregoing) shewed the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill, and gave the Reasons; which being liked of and allowed by the House, the Bill was read the third time, and after many Arguments both for the Bill and against the Bill, it passed upon the Question.
On Tuesday the 10th day of April Sir John Hart, one of the Committees in the Bill concerning Coopers (appointed on Saturday the 24th day of March foregoing) brought in the Bill again, as not dealt in by the Committees for lack of convenient time.
The Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster, with one amendment to the same Bill, was sent up to the Lords by Mr Treasurer, Sir John Wolley and others, with a remembrance to move their Lordships for sending down the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths granted by the Temporalty, to the end Mr Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House.
Mr Serjeant Owen, Mr Attorney General and Mr Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most Gracious general and free Pardon.
The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was read, and then passed upon the Question, and was presently sent up to the Lords by Mr. Chancellor of the Exchequer and others.
This day in the Afternoon the Queens Majesty came into the Upper House of Parliament, and there sitting in her Royal Throne, Mr Speaker accompanied with the Knights, Citizens and Burgesses of the House of Commons, repaired unto the said Upper House, where making an Excellent Oration unto her Highness, and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favourable acceptation of their dutiful service, and offering unto her Majesty in their names the Act for three intire Subsidies and six Fifteenths and Tenths, her Highness gave the Royal assent to fourteen publick Bills and thirteen private Bills, and so dissolved this Parliament.