The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
This free content was digitised by double rekeying. All rights reserved.
Simonds d'Ewes, 'Journal of the House of Lords: December 1601', in The Journals of All the Parliaments During the Reign of Queen Elizabeth( Shannon, Ire, 1682), British History Online https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp607-619 [accessed 21 November 2024].
Simonds d'Ewes, 'Journal of the House of Lords: December 1601', in The Journals of All the Parliaments During the Reign of Queen Elizabeth( Shannon, Ire, 1682), British History Online, accessed November 21, 2024, https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp607-619.
Simonds d'Ewes. "Journal of the House of Lords: December 1601". The Journals of All the Parliaments During the Reign of Queen Elizabeth. (Shannon, Ire, 1682), , British History Online. Web. 21 November 2024. https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp607-619.
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.