Journal of the House of Lords: December 1584

December 1584

On Tuesday the first day of December, whereas James Diggs, one of the ordinary Gentlemen of my Lord's Grace of Canterbury, was committed to the Fleet upon a Reddit se in the Exchequer, since the beginning of this present Parliament; the Lords at the Motion of the Lord Archbishop of Canterbury, claiming the ancient priviledge of this High Court, gave Commandment to the Gentleman Usher, that the said James should be brought before them.

And this day the said Lords having openly heard both Sir Roger Manwood then Lord Chief Baron of the Exchequer, and the same James Diggs; They Ordered that the said Diggs by vertue of the priviledge of this Court, should be enlarged and set at liberty.

And it was further Ordered, that the Warden of the Fleet should be discharged of the Prisoner and of the Action that might be brought against him the said Warden of the same.

Lastly, Touching the Lord Chief Baron, the said Lords have resolved for such causes and reasons as they have heard, that the said Lord Chief Baron had not committed any contempt against this Right Honourable Court.

And further Ordered 13° die Decembris, that the appearance of the same James Diggs, by rendring himself into the Exchequer, was and should be a sufficient discharge of his Sureties and their Bonds, and that the Bonds shall be redelivered.

Provided nevertheless, that for as much as the said James Diggs was not Arrested in Execution at the Suit of Richard Howe, but was committed after Judgment by the Barons of the Exchequer upon a Reddit se, for discharge of his Sureties. It is therefore further Ordered by the said Lords, that touching the sum of money recovered by the said Howe against the said James Diggs, the said Howe and James Diggs shall stand to such Order as the Lord Chief Baron and other of the Barons of the Exchequer shall set down for the same. Vide more afterwards concerning this matter upon Monday the 14^th, and on Tuesday the 15^th day of this instant December following.

On Thursday the third day of December, to which day the Parliament had been on Tuesday last continued, the Bill for fit and convenient places for landing and shipping of Merchandize was read secunda vice, and then committed to the Lord Treasurer and others, and to the two Senior Barons of the Exchequer.

Nota, That here two Judges who are but Assistants unto the Upper House, are made joint Committees with the Lords.

On Friday the 4^th day of December, Two Bills were sent up to the Lords from the House of Commons; of which the first being an Act for the maintenance of Navigation was read prima vice, and the second touching the Clothiers of Essex was read prima & secunda vice, and then committed.

On Saturday the 5^th day of December, Three Bills of no great moment had each of them one reading; of which the second being the Bill for the Inning of Erith and Plumsted Marsh, was read secunda vice, and committed unto three Earls, one Bishop and five Barons: which Committees did appoint to hear amongst themselves as well the Parties Owners, as Inners touching the same Bill.

The Bill also concerning the Essex Clothiers which had been sent up yesterday to the Lords from the House of Commons, was this day upon the third reading and conclusion thereof sent back again thither.

On Monday the 7^th day of December, to which day the Parliament had been last continued, two Bills had each of them one reading; the first for maintenance of Navigation, and the second for increase of Mariners.

Two Bills also were sent up to the Lords from the House of Commons; the one touching the Essex Clothiers, the other for the better and more reverent observing of the Sabbath day.

Nota, That this Bill concerning the Sabbath day was long in passing the two Houses, being committed, and amendments upon amendments added unto it, as Vide afterwards on Tuesday the 8^th day, on Monday the 14^th day, and on Saturday the 19^th day of this instant December ensuing; as also on Wednesday the third day, and on Saturday the 6^th day of March following. Vide etiam on Wednesday the 9^th day of this instant December foregoing.

Whereas the Lord Viscount Bindon moved the Lords for the priviledge of the House for Robert Finnies, alledging that he was his Servant, the Lords gave Commandment to the Gentleman-Usher to go to the Counter in Woodstreet, where the said Robert Finnies then lay upon an Execution, and to bring him and the Parties that Arrested him before them.

And this day the said Lords after the hearing of the Cause thought it not convenient that the said Robert Finnies should enjoy the priviledge of this House, as well because he claimed not the priviledge when he was first Arrested, nor in the Counter when he was charged with the Execution; as also for that he was not a menial Servant, nor yet ordinary Attendant upon the said Viscount. And further Ordered, that the Officers of the Sheriffs of London should take again in Execution the said Finnies and convey him to the place from whence he came, and that the bringing of the said Finnies before the said Lords at their Commandment should not be in any wise prejudicial to the Sheriffs or their Officers.

On Tuesday the 8^th day of December, the Bill for the better and more reverent observing of the Sabbath day was read prima vice. Vide concerning this Bill on Monday the 7^th day of this instant December foregoing.

On Wednesday the 9^th day of December, Five Bills had each of them one reading; of which the first being the Bill for the increase of Mariners was read the second time, and thereupon committed.

And the second of the said Bills being for the better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury, the Lord Treasurer, the Lord Steward, the Earl of Kent, the Earl of Darby, the Earl of Sussex, the Earl of Bedford, Viscount Mountague, the Bishop of London, the Bishop of Winchester, the Bishop of Salisbury, the Bishop of Chester, the Lord Chamberlain, the Lord Zouch, the Lord Willoughby, the Lord Grey, the Lord North, the Lord Norris, the Lord Chief Baron, and Justice Windham.

Nota, That here two Judges being here meer Assistants of the Upper House were made joint Committees with the Lords; whereas of later times they are always Commanded to attend the Lords Committees, of which also there was another Precedent this Morning.

The Bill to provide remedy against fraudulent means used to defeat Wardships, Liveries and primier seisin was read secunda vice, and committed to the Lord Treasurer (being Master of the Wards) to two Earls, Viscount Mountague, two Bishops, five Barons, the two Chief Justices, and the Queens Attorney.

The continuance or Adjournment of the Parliament this day is not at all Entred in the Original Journal-Book, which seemeth to have happened through the Clerks negligence.

On Thursday the 10^th day of December, Three Bills of no great moment had each of them their first reading; of which the first was concerning Sir Thomas Lucy Knight, and others.

On Saturday the 12^th day of December, to which day the Parliament had been on Thursday last continued, Five Bills of no great moment had each of them one reading; of which the last being the Bill to provide remedy against fraudulent Conveyances, and another concerning certain assurances of Sir Thomas Lucy and others, were after the third reading sent down unto the House of Commons.

A Bill lastly being for the assurance of certain Lands unto George Chewne Esquire, and others in Fee-simple, was sent up to the Lords from the House of Commons.

On Monday the 14^th day of December, to which day the Parliament had been on Saturday last continued, the Bill for the better and more reverent observing of the Sabbath day, with certain amendments, was read tertiâ vice, and with another Bill of no great moment was sent down to the House of Commons by two Do(?)tors.

Neta, That though this Bill were upon Wednesday last past, being the 9^th day of this instant December, referred to Committees; yet no mention is made in the Original Journal-Book, when it was again returned or brought into the House by the said Committees, by whom it is most probable that these amendments were added unto it, and for the passing of which the said Bill was at this time sent down to the House of Commons, having formerly passed that House, and been sent up from thence to the Lords (before the aforesaid new amendments had been added by them) on Monday last past being the 7^th day of this instant December.

The Bill touching the Lord Dacres and the Lord Norris was read prima vice.

Memorand. That upon the Petition of the Lord Norris, the Lords Ordered that he and the Lord Dacres with their Council should be heard upon Saturday next to Answer the said Bills.

Memorand. That touching the former Order Entred primo die Decembris concerning James Diggs, for that there wanted words for the discharge of the Bond and Sureties of the said James Diggs; This day the Lords Ordered that (?) appearance of the said James Diggs by ren(?) himself in the Exchequer, was and should be a safficient discharge of his Sureties and their Bonds, and that the Bonds should be redelivered, and that this Order should be added to the former Order.

Memorand. That where the said James Diggs exhibited to the Court a Bill of complaint in form of supplication against Sir Roger Manwood Knight Lord Chief Baron, the Lords having heard the Parties and the Witnesses of M^r Diggs, and deliberately considered the Contents thereof, with one consent agreed and adjudged, that the said complaint was untrue and unjustifiable against the Lord Chief Baron: And further Ordered, that the said James Diggs by humble submission and open recognition should consess and acknowledge his fault. And that the Earl of Rutland, the Bishop of Winchester, the Lord Lumley, the Lord North, and the Lord S^t John of Bletsoe, the Master of the Rolls and M^r Serjeant Gawdy should peruse and consider the said recognition, whether it were made in due form, and that then it should be Entred on Record. Vide touching this matter on Tuesday the first day of this instant December foregoing.

On Tuesday the 15^th day of December four Bills of no great moment had each of them one reading, of which the first being the Bill for confirmation of her Majesties Letters Patents granted to Queens-Colledge in Oxford was read Secundâ vice, & commissa ad ingrossandum.

This day James Diggs Gent. did according to their Lordships Order made yesterday, humbly submit himself in manner and form following, as it stands Entred upon Record in the Original Journal-Book of this Parliament.

The humble Submission of James Diggs unto the High Court of Parliament, as well for his contempt unto the said Court, as unto Sir Roger Manwood Lord Chief Baron, by his untrue and unadvised Speeches in his Bill of complaint.

Whereas I James Diggs did of late exhibite a Bill of complaint unto your honourable Lordships in this High Court of Parliament, against the said Lord Chief Baron, wherein amongst other things is contained as followeth, that is to say, That the said Lord Chief Baron doth still continue an obstinate intention to frustrate your Lordships honourable Order, taken for the discharging of the great Bonds of the said James Diggs his Sureties, boldly saying, that the same your Lordships honourable Order should be undone or brought about again, as by the said Bill of complaint doth appear. And whereas also it pleased your most honourable Lordships upon the humble Petition of me the said James Diggs to call before your honourable Lordships that Witness which I the said James Diggs did avow for the proof of the Allegations before rehearsed in the said Bill of Complaint against the said Lord Chief Baron, which Witness being heard and examined at large touching the said Allegations, with the circumstances of the same openly before your honourable Lordships in this High Court of Parliament, it hath plainly and evidently appeared that there was no such obstinate intention in the said Lord Chief Baron, nor that he did utter the said words or Speeches above-mentioned. Whereupon it hath pleased your honourable Lordships to Order that I the said James Diggs should before your Lordships openly in this honourable Court of Parliament recognize my fault for this my untrue and unadvised complaint against him.

Wherefore I the said James Diggs being now heartily sorry for my said untrue and unadvised complaint in the Speeches aforesaid exhibited against the Lord Chief Baron, do openly before your Lordships in this most High Court of Parliament consess and acknowledge my said offence in my said unadvised and untrue complaint made against the said Lord Chief Baron. And do here before your Lordships heartily pray and desire the said Lord Chief Baron to remit and forget my said offence in my untrue and unadvised complaint made against him; and withal do most humbly beseech all your Lordships to pardon my contempt and offence committed to this most High Court in exhibiting unto your Lordships of the said unadvised and untrue complaint.

Vide the former proceedings of this case of James Diggs Gentleman on Tuesday the first day, and on Monday the 14^th day of this instant December foregoing.

Nota also, That there is no continuance or adjournment of the Parliament by the Lord Chancellor in usual form entred in the Original Journal-Book, which seemeth to have happened through the negligence of the Clerk of the Parment; but it is easie to be conjectured the Lord Chancellor continued the Parliament unto nine of the Clock in the forenoon of Wednesday next following.

On Wednesday the 16^th day of December two Bills of no great moment had each of them one reading; of which the second being the Bill against scandalous Libelling was read secundâ vice, and committed to the Archbishop of Canterbury, the Archbishop of York, the Lord Treasurer and others, the Master of the Rolls, the two Chief Justices, the Queens Serjeant and Attorney.

Nota, That here not only the Judges which are but Assistants to the Lords, but also the Queens Council, which are but meer Attendants upon the upper House, are made joynt Committees with the Lords.

On Thursday the 17^th day of December the Bill for restitution in blood of Thomas Howard, Son of Thomas Howard, late Duke of Norfolk, was read primâ vice.

And the same Bill was again read secundâ & tertiâ vice, and by all the Lords concluded and sent to the House of Commons by two Doctors being Masters of the Chancery.

Nota, The speedy passing of this Bill by vouchsasing of it three readings at one time each after other, did express the special desire of the Lords to pass this Bill with as much honour as lay in them to do.

Eight other Bills of no great moment had each of them one reading; of which the second being the Bill for the paving of Newark upon Trent in Com. Nott. was read tertiâ vice & conclusa and sent to the House of Commons.

On Saturday the 19^th day of December, to which day the Parliament had been on Thursday last continued, four Bills were brought up to the Lords from the House of Commons; of which the last was the Bill for the restitution in blood of the Lord Thomas Howard, which it seemeth the House of Commons passed with great expedition, having given it one reading yesterday morning, when they sent it again up to the Lords, as appeareth by the Original JournalBook of the House of Commons de Anno isto 27° Reginæ Eliz. pag. 44, & 50.

The Bill also for the paving of Lewes in the County of Sussex was read primâ vice.

Lectæ sunt the Reasons and Allegations of the Lord Norris, why the Bill exhibited by the Lord and Lady Dacres should not be enacted.

Memorandum. This day the Lords, as they had ordered before, having heard both the Council of the Lord Dacres and Lord Norris and Samson Leonard Esquire, upon offer and agreement of the parties to commit the Cause to the hearing of four of the Lords and two of the Judges, the Lords thought it most convenient that they should be named by the parties themselves. The Lord Dacres and Samson Leonard named William Lord Burleigh Lord Treasurer, Robert Earl of Leicester Lord Steward, and Sir Roger Manwood Knight Lord Chief Baron. The Lord Norris named the Earl of Kent, the Earl of Bedford and Sir Gilbert Gerrard Knight Master of the Rolls. And further Ordered, That the Lords and Judges should end the matter between the said parties before the next Session of Parliament if they could; and if they could not, then to make Report thereof to the whole House. And further Ordered, That all the parties should have Letters directed to such Witnesses to appear before the said Lords as they thought convenient; and that the said Lords should have Authority to examine all parties upon their Oaths, if occasion so required.

Memorandum, That whereas the Lords received a Bill from the House of Commons, viz. for the better and more reverent observing of the Sabbath day, the said Lords having passed the same with some amendments, sent down the said Bill to the House of Commons, who sent up the same with other amendments of theirs; which because the Lords thought it not to stand with the Order of the House to pass the same Bill again with their new amendments, they returned the said Bill to them again, and signisied the same unto them by M^r Serjeant Gawdy, &c.

On Monday the 21^th day of December, Consedentibus Proceribus Dominus Cancellarius exposuit Regiam Majestatem satis perpendere Festum solemne Nativitatis Domini in proximo esse, nec posse ante idem hoc Parliamentum terminari, nec in longum tempus prorogari; propter quas & alias causas & considerationes idem Cancellarius jussu suæ Majestatis le(?)tis Literis Patentibus magno Sigillo suo sigillat. hoc Parliamentum in quartum diem Februarii prox' sequentem adjournavit, adhortatusq; est omnes & singulos ut tunc adsint, facturi quod decuerit. Earúmq; autem tenor sequitur in hæc verba.

Elizabetha Dei gratiâ Angliæ, Franciæ & Hiberniæ Regina Fidei Defensor, &c. Reverendissimo in Christo Patri Johanni Cantuar' Archiepiscopo, totius Angliæ Primati & Metropolitano, & prædilecto & sideli Consiliario suo Thomæ Bromley Militi Domino Cancellario Angliæ, ac etiam Reverendissimo in Christi Patri Edwino Eboracen' Archiepiscopo Angliæ Primati & Metropolitano, necnon prædilecto & sideli Consiliario suo Wilielmo Domino Burleigh Domino Thesaurario Angliæ, ac charissimo consanguineo Edwardo Comiti Oxon' magno Camerario Angliæ, ac etiam charissimis consanguineis & consiliariis suis Edwardo Comiti Lincoln' magno Admirallo suo Angliæ, Georgio Comiti Salop' Comiti Mareschallo Angliæ, Roberto Comiti Leicester magno Seneschallo Hospitii sui, necnon charissimis consanguineis suis Philippo Comiti Arundel, Henrico Comiti Kantiæ, Henrico Comiti Darbiæ, Willielmo Comiti Wigorn', Edwardo Comiti Rutland, Georgio Comiti Cumberland, Henrico Comiti Sussex, ac charissimis consanguineis & consiliariis suis Ambrosio Comiti Warwici Magistro Ordinationum suarum, Francisco Comiti Bedford, ac etiam charissimis consanguineis suis Henrico Comiti Pembroke, Edwardo Comiti Hartford, Anthonio Vicecomiti Mountague, necnon Reverendis in Christo Patribus Johanni Episcopo London, Thomæ Episcopo Winton', ac prædile(?)tis & fidelibus suis Carolo Domino Howard Domino Camerario Hospitii sui, Edwardo Domino Zouch, Peregrino Domino Willoughby, Edwardo Domino Morley, Willielmo Domino Cobham Domino Gardiano quinq; Portuum, ac etiam prædilecto & fideli suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam, Salutem. Cùm nuper pro quibusdam arduis & urgentibus negotiis nos, statum & defensionem Regni nostri Angliæ & Ecclesiæ Anglicanæ concernentibus, præsens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii vicesimo tertio die Novembris ultimo præterito inchoari & teneri ordinaverimus, à quo die idem Parliamentum nostrum tunc & ibidem tentum & continuatum fuerat usque in instantem vicesimum primum diem Decembris: Sciatis tamen quia negotia Parliamenti nostri in eodem communicata ante Festum Natalis Domini nunc prox' instantis terminari non possunt, & propter alias causas & considerationes nos specialiter moventes, prædictum Parliamentum nostrum & omnes causas & materias inceptas & non adhuc terminatas adjornand' duximus. De fidelitate igitur, prudentiâ & circumspe(?)tione vestris plurimùm confidentes, de avisamento & assensu Concilii nostri assignavimus vos Commissionarios nostros, dantes vobis & aliquibus sex vel pluribus vestrum tenore præsentium plenam potestatem & authoritatem hoc instante die Lunæ ad præsens Parliamentum nostrum, ac omnia negotia & materias supradi(?)t' adhuc ut præfertur non terminata, nomine nostro ad & in quartum diem Februarii jam prox' futurum usque prædictam Civitatem nostram Westmonasterii adjornand' & continuand' ibidem tunc tenend' & prosequend'. Et ideo vobis mandamus, quòd circa præmissa diligenter intendàtis, ac ea in forma prædicta effectualiter expleatis. Damus antem universis & singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus & Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventuris, tenore præsentium firmiter in mandatis, quod vobis in præmissis faciend', agend' & exequend' pareant, obediant & intendant, prout decet. In cujus rei testimonium has Literas nostras fieri fecimus Patentes. Teste meipsa apud Westmonasterium vicesimo primo die Decembris, Anno Regni nostri vicesimo septimo.

Nota, That by these Letters Patents the Parliament was adjourned forty four days, viz. from Monday the 21^th day of December unto Thursday the 4^th day of February ensuing. From which, as also from many other like Precedents, it appeareth, that it is and always hath been the power of the Prince not only to summon, dissolve and prorogue, but also to adjourn his Parliament at his pleasure; yet this must be done either by himself in person or by matter of Record; yet it is also in the power of either House when they shall think it expedient to adjourn it self.

The meeting of the two House at the end of this foresaid Adjournment was in such manner as it useth to be at the end of a Prorogation without all Solemnity and Pomp; yet with this difference: At the end of every Prorogation a new Session beginneth, though the same Parliament continueth; but at the end of an Adjournment there beginneth neither new Session nor new Parliament, but (be the Adjournment for one day or for many) the business is so entred upon at the next meeting as it was left, and as it stood at the time of the Adjournment.

Yet because the Adjournment was for so many days, I have caused all the Names of the Lords who were present this Thursday following, being the 4^th day of February, to be transcribed out of the Original Journal-Book; which course, though it be usually observed in all these Journals at the beginning only of a new Parliament, or at least of a new Session, yet it is in one respect somewhat necessary at the beginning of this new meeting after the Adjournment, because the presence of the Lords on this said ensuing Thursday, though it appears not that any new Proxies were returned, (which is usual after a long Adjournment as well as after a Prorogation) differeth much from that former number of the Lords noted to have been present on Tuesday the 26^th day of November foregoing, as may appear by this which followeth.