House of Lords Journal Volume 2: 7 June 1604

DIE Jovis, videlicet, 7 Junii:

Littleton's Restitution.

HODIE 3^a vice lecta est Billa, An Act of Restitution in Blood of Thomas Littleton, eldest Son of John Littleton, late of Frankley, in the County of Wigorn, Esquire, deceased, John Littleton, second Son of the said John Littleton, deceased, and Edward Littleton, third son of the said John Littleton, deceased, Bridget Littleton, eldest Daughter of the said John Littleton, deceased, Anne Littleton, second Daughter of the said John Littleton, deceased, and Jane Littleton, third Daughter of the said John Littleton, deceased.

Gordon's Naturalization.

Hodie 3^a vice lecta est Billa, An Act for the Naturalizing of John Gordon, Dean of Sarum, his Wife and Children.

Vagabonds, etc.

The Bill, intituled, An Act for the Continuance and Explanation of the Statute, made in the 39th Year of the Reign of the late Queen Elizabeth, intituled, An Act for Punishment of Rogues, Vagabonds, and sturdy Beggars, was returned to the House, by the Earl of Worcester, the first of the Committees, with certain Amendments, and a Proviso offered to be added; which Amendments and Proviso were presently read; and thereupon re-committed to the former Committees, with Addition of the Lord Bishop of London. The said Committees appointed to meet upon Saturday next, the 9th of June, by Seven in the Morning, at the Outward Chamber, near the Parliament Presence.

Littleton's Restitution.

Bishop of Bristol's Book.

The Two Bills for the Restitution in Blood of the Children of John Littleton, Esquire, deceased, and for the Naturalizing of the Dean of Sarum, his Wife and Children, were sent to the Lower House, by Mr. Serjeant Crooke, and Dr. Swale; and likewise a Message sent by them, to this Effect: That, upon Report made to their Lordships by the Committees, of that which past in the Conference with the Lower House, upon Saturday last, the Second of this Instant, touching the Book written by the Bishop of Bristoll, their Lordships have proceeded therein so far forth as in a Case of that Nature they have thought meet; and do desire another Meeting about that Matter, with the former Committees (if that House shall so think good), upon Saturday next, the 9th of this Instant, by Two in the Afternoon, at the Outward Chamber, near the Parliament Presence; whereunto the Lower House returned Signification of their Assent.

Lord Montegle's Privilege. Redmaine arrested.

Upon Complaint this Day presented to the Court by the Lord Gerarde, That one Marmaduke Redmaine, an ordinary Servant of the Lord Montegle, hath been lately arrested, and committed to The Compter in the Poultrie, upon Forfeiture of a Statute, at the Suit of one Thomas Robinson, of Yorkeshire, Gentleman, contrary to the Honour and Privilege of this Court; it is Ordered, That a Habeas corpus shall be awarded, for the removing of the said Marmaduke Redmaine out of Prison, and for the bringing of him before the Lords, in the said Upper House, by the Sheriffs of London and Middlesex, upon Saturday next, the 9th of this Instant, by Nine in the Morning.

Chard and Feild.

The Stationers Chard and Feild commanded to attend again upon Tuesday next, the 12th of this Instant, by Eight in the Morning.

Lord Treasurer absent.

Signification given by the Lord Chancellor, That the Lord Treasurer (upon some special Occasion of His Majesty's Service) could not be present this Afternoon on the Committee for the Bill against Transportation of Ordnance; and therefore his Lordship returned the Bill (which before remained in his Hands) to the Lord Chancellor, to be delivered to some other of the Committees; which was accordingly delivered to the Lord Chamberlain; and the Meeting continued at the Time and Place formerly prefixed, notwithstanding the Absence of the Lord Treasurer.

Some Members of the House of Commons misplaced in the Commission for the Union.

This Day, the Order of the Common House, for avoiding of Prejudice to any Persons or Members of that House, who took themselves to be misplaced in the Bill concerning the Commission between England and Scotland, was read in this House, and allowed of by their Lordships; with Commandment and Direction, That the same should be entered in this Journal Book, with a Remembrance of their Lordships Assent and Approbation. The which Order ensueth verbatim (fn. 1) : videlicet,

"A Copy of the Order of the Lower House, beforementioned, of the 2d of June: videlicet,

Order to preserve their Precedency.

"This Day, the Bill, intituled, An Act authorizing certain Commissioners of England to treat with Commissioners of Scotland, for the Weal of both Kingdoms, having passed the Higher House, was the Third Time read in the House of Commons of this present Parliament; and, by sundry Members of the said House, it was observed, and moved, That such Gentlemen as were formerly named and appointed to be Commissioners, and, by their particular Names and Additions inserted in the said Bill, were not duly placed, according to their Right of Precedency, Degree, or Quality; yet, because the House, in their Duty to His Majesty, and Respect to the Lords of the Higher House from whom it passed, was most willing to foresee, that neither that, nor any other literal, titulary, or personal Exception, might endanger, or in any sort give Impediment to the speedy Passage of a Bill so much recommended and desired by His Majesty, and of so great Consequence; it was assented unto by such as had Cause to take Exception; and Resolved, upon the Question by the whole House, That the Bill should pass, without any Amendmendment or Alteration in that or any other Point of the Bill: Howbeit, out of some Fear, that this misplacing, in an Act of Parliament, might happly (either at the Time of the Execution of the Commission, or upon other Occasions) breed Question, or Scruple, in Matter of Precedency (which the House was careful to avoid, and presumed it was not meant by those that first so placed them), Two Cautions were propounded; the one, That it shall be entered by the Clerk there, as an Act, or Order, That neither the Judgment of the said House for the passing of the Bill, nor the Assent of such as thought themselves misplaced, should be any Impeachment, Derogation, or Prejudice, to their due and proper Place of Precedency; but that they might be at Liberty to challenge and take upon them such Place as they now have, or hereafter shall have, in sort as if this Bill had never been assented unto, or passed the said House. Another Caution propounded was, That Mr. Vice-Chamberlain (who, being accompanied with sundry Members of the House, was immediately sent up with the said Bill) should deliver the Effect of their Resolution taken in that Behalf to the Lords of the Higher House, and pray their Lordships so to take Knowledge of it, as the like Act or Order might be entered with them, lest the Wrong (if there were any) might seem to be warranted by their Allowance. And this was accordingly performed by Message, and reported back again by Mr. Vice-Chamberlain to be assented unto by their Lordships."

Adjourn.

Dominus Cancellarius continuavit præsens Parliamentum usque in diem Sabbati, videlicet, 9^m Junii, hora nona.