Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth. Originally published by T. Basset, W. Crooke, and W. Cademan, London, 1680.
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Heywood Townshend, 'Proceedings in the Lords, 1601: October 27th - December 19th', in Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth( London, 1680), British History Online https://prod.british-history.ac.uk/no-series/parliament-proceedings-eliz1/pp129-151 [accessed 31 October 2024].
Heywood Townshend, 'Proceedings in the Lords, 1601: October 27th - December 19th', in Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth( London, 1680), British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/parliament-proceedings-eliz1/pp129-151.
Heywood Townshend. "Proceedings in the Lords, 1601: October 27th - December 19th". Historical Collections: Or, An Exact Account of the Proceedings of the Four Last Parliaments of Q. Elizabeth. (London, 1680), , British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/parliament-proceedings-eliz1/pp129-151.
In this section
October 27th - December 19th
43 Eliz.
An exact Journal of the Passages of the Upper House of Parliament, holden at Westminster anno 43 Eliz. Reginæ, annoq; Dom. 1601. which began on Tuesday 27 Octob. and there continued until 19 Decemb. next insuing.
Oct. 27.
The Qu. comes to the House of Peers.
Tuesday, Octob. 27.
On Tuesday, Octob. 27. the Parliament held according to the Summons that had been sent forth, and the Queens Majesty was personally present in the Upper House about three of the clock in the afternoon: her Majesty came accompanied with the Lord Keeper of the great Seal, and divers of the Nobility and Bishops. There were present, all sitting in their Parliament-Robes according to their several places, these Noble Personages following.
List of the Peers then present.
Sir Thomas Edgerton Kt. Lord Keeper of the great Seal of England, made a Speech to this effect.
Lord Keeper's Speech.
He used strong perswasions both to Thankfulness and Obedience; and also shewed, her Majesty desired the Parliament might end before Christmas. He shewed the necessity we stand in, and the means to prevent it; the necessity of the Wars between Spain and England, the means and treasure we had to oppose. His advice was, that Laws in force might be revised and explained, and no new Laws made.
The causes of the Wars, he laid down to be, that they were Enemies to God, the Queen, and the Peace of this Kingdom: that they conspired to overthrow Religion, and to reduce us to a tyrannical Servitude.
These two Enemies he named to be, the Bishop of Rome, and the King of Spain. Our Estate standing thus, he advised us to be provident, by reason we deal with circumspect Enemies, and said, he was confident of good success, because God hath ever, and he hoped ever would bless the Queen with successful fortune. He shewed how apparent his providence was; for by experience and judgment, his tortering he giveth, the means and courses he taketh for our instructions: And secondly, the success we had against him by Gods strong arm of defence in Anno 1588, and divers others times since.
You see to what effect the Queens support of the French Kings Estate hath brought him to, even made him one of the greatest Princes in Europe; yet when her Majesties Forces there left him, how again he was fain to ransome a servile Peace at the hands of our Enemies the Spaniards, with dishonourable and servile Conditions.
For the Low Countries, how by heraid, from a confused Government and Estate, she brought them to an unity in Council, and defended them with such success in her Attempts against the greatest power of the Spaniards tyrannical designes; which have so much galled him, that how many desperate practices have been both devised, consented unto, and set on foot by the late King his Father, I need not shew you, nor trouble you with Arguments for proof thereof, being confessed by them that should have been Actors themselves thereof; but Demortuis nil nist bonum. I would be loath to speak ill of the dead, much more to slander the dead. I have seen her Majesty wear at her Girdle the price of her own bloud; I mean, Jewels that have been given to her Physicians to have done that unto her which God will ever keep her from; but she hath worn them rather in triumph, than for the price, that hath not been valuable.
Receivers of Petitions.
Receivers of Petitions for England, Ireland, Wales, and Scotland. Sir John Popham Kt. Lord Chief Justice, Francis Gawdy one of the Justices of the Kings-bench, George Kingsmell one of the Justices of the Common-Pleas, Dr. Carewe, and Dr. Stanhopp.
Receivers of Petitions for Gascoigne, and other Lands and Countries beyond the Seas, and of the Isles. Sir Edm. Anderson Kt. Lord Chief Justice of the Common-Pleas, Sir William Periam Kt. Lord Chief Baron, Thomas Walmesly one of the Justices of the CommonPleas, Dr. Swale, and Dr. Hene.
Triers of Petitions.
Triers of Petitions of England, Ireland, Wales, and Scotland. The Archbishop of Canterbury, the Marquiss of Winchester, the Earl of Sussex Lord Marshal of England, the Earl of Nottingham Lord High Admiral of England, and Steward of the Queens house, the Earl of Hertford, the Bishop of London, the Bishop of Durham, the Bishop of Winchester, the Lord Zouche, and the Lord Cobham: All these, or any four of them, calling unto them the Lord Keeper of the great Seal, and the Lord Treasurer, and the Queens Serjeants, at their leisures to meet and hold their place in the Chamberlain's chamber.
Triers of Petitions for Gascoigne, and other Lands and Countries beyond the Seas, and the Isles. The Earl of Oxford High Chamberlain of England, the Earl of Northumberland, the Earl of Shrewsbury, the Earl of Worcester, the Earl of Huntingdon, the Bishop of Rochester, the Bishop of Lincoln, the Lord Hunsdon Chamberlain to the Queen, the Lord De-la-ware, the Lord Lumley, the Lord Burleigh: All these, or any four of them, calling to them the Queens Serjeants, and the Queens Atturney and Sollicitor, to hold their place, when their leisure did serve them, to meet in the Treasurer's chamber.
Then the Lord Keeper continued the Parliament; which is set down in the Original Journal book in these words: Dominus Custos Magni Sigilli, ex mandato Dominæ Reginæ, continuavit præsens Parliament. usq; in diem Veneris prox. futur. viz. 30 diem Octob.
John Crooke Esq; Recorder of London, presented as Speaker.
Friday, Octob. 30.
On Friday, Octob. 30. about one of the clock in the afternoon, her Majesty came by water to the Upper House; and being apparelled in her Royal Robes, and placed in her Chair of Estate, divers of the Lords Spiritual and Temporal being present, the Knights, Citizens, and Burgesses of the House of Commons, who had attended at the door with John Crooke Esq; Recorder of London, their Speaker elect, the full space of half an hour, were at last, as many as could be conveniently, let in: And the said Speaker was led up to the bar at the lower end of the said House by Sir William Knolls Kt. Controuler of her Majesties Houshold, and Sir John Fortescue Chancellor of the Exchequer, and presented to her Majesty; to whom, after he had made three low Reverences, he spake in effect as followeth.
Most sacred and mighty Soveraign,
His Speech.
Upon your commandment, your Majesties most dutiful and loving Commons, the Knights, Citizens, and Burgesses of the Lower House, have chosen me, your Majesties most humble servant, a Member of the same House, to be their Speaker; but my self fin ding the weakness of my self, and my ability too weak to undergo so great a burthen, do most humbly beseech your sacred Majesty to continue your most gracious favour towards me, and not to lay this Charge, so unsupportable, upon my unworthy and unable self: And that it would please you to command your Commons to make a new Election of another more able and more sufficient to discharge the great Service to be appointed by your Majesty and your Subjects.
And, I beseech your most excellent Majesty, not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service, but rather out of your Majesties clemency and goodness, to interpret the same to proceed from that inward fear and trembling which hath ever possessed me, when heretofore with most gracious audience it hath pleased your Majesty to license me to speak before you: For I know, and must acknowledge, that under God, even through your Majesties great bounty and favour, I am that I am. And therefore, none of your Majesties most dutiful Subjects more bound to be ready, and being ready, to perform even the least of your Majesties commandments.
I therefore do most humbly beseech your Majesty, that in regard the service of so great a Prince and flourishing Kingdom may the better and more effectually be effected, to command your dutiful and loving Commons the Knights, citizens, and Burgesses of the Lower House, to proceed to a new Election.
Nov. 5.
Bill against excessive and superfluous use of Coaches.
Tuesday, Nov. 5.
On Tuesday, Nov. 5. were two Bills read; of which, the first being for assurance of Land, and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England, were each of them read prima vice.
Dominus Custos Magni Sigilli continuavit præsens Parliament. usq; in diem Sabbati, 7 Novemb. hora decima.
Saturday, Nov. 7.
On Saturday, Nov. 7. the Bill for assurance of Lands was read Secunda vice, and committed unto the Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, the Earl of Worcester, the Earl of Cumberland, the Earl of Lincoln, the Lord Bishop of London, the Lord Bishop of Durham, the Lord Bishop of Winchester, the Lord Zouche, the Lord Cobham, the Lord Grey, the Lord Rich, and the Lord Howard of Walder; and the Lord Chief Justice of her Majesties Bench, the Lord Chief Justice of the Common-Pleas, the Lord Chief Baron, and Mr. Atturney-General, were appointed to attend their Lordships.
Tuesday, Nov. 10.
On Tuesday, Nov. 10. two Bills had each of them one reading; of which, the second being the Bill for preservation of Phesants and Partridges, was read secunda vice, and committed to the Lord Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, the Earl of Northumberland, the Earl of Derby, the Earl of Worcester, the Earl of Cumberland, the Earl of Pembrooke, the Earl of Lincoln, the Bishop of London, the Bishop of Durham, the Bishop of Winchester, the Bishop of Lincoln, the Bishop of Ely, the Lord Zouche, the Lord Cobham, the Lord Grey, the Lord Mordant, the Lord Rich, the Lord Sheifield, the Lord Chandois, the Lord Compton, the Lord Howard of Walden; and the Lord Chief Justice of her Majesties Bench, the Lord Chief Justice of the Common-Pleas, and the Lord Chief Baron, to attend the Lords: And the Bill was delivered to the Archbishop of Canterbury.
Thursday, Nov. 12.
On Thursday, Nov. 12. (to which day the Parliament had been last continued) the Bill concerning Musters, Souldiers, and other things, was read secunda vice, and committed unto the Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, six other Earls, eight Bishops, the Lord Zouche, the Lord Cobham, and eight other Barons; and the Lord Chief Justice of the Common-Pleas, Mr. Justice Walmesly, Mr. Justice Warberton, Mr. Serjeant Yelverton, and Mr. Atturney-General, were appointed to attend the Lords.
Saturday, Nov. 14.
On Saturday, Nov. 14. (to which day the Parliament had been last continued) request was made by Mr. Connisby Gent. Usher to the House, and signified by the mouth of the Earl of Nottingham Lord Steward, That forasmuch as the bringing of any person before the Lords, upon the breach of the Priviledge of the House, did appertain, as the said Mr. Connisby supposed and alleadged, to his place, though in the last Parliament, by some mistake, the Serjeant at Arms was employed therein; that therefore their Lordships would be pleased to confirm and settle such Order, as he might at this time and henceforth have the right of his place in that behalf. Whose Request being considered by the Lords, it was thought meet, That the Lord Archbishop of Canterbury, the Lord Treasurer, the Earl of Nottingham, the Earl of Worcester, the Lord Bishop of Winchester, the Lord Zouche, and the Lord Cobham, should at their next meeting upon any other occasion, take notice of such Presidents as could be produced therein, either for the Gentleman-Usher, or for the Serjeant at Arms; and thereof to make Report to the House: Whereupon their Lordships would proceed to the deciding of the Question between them.
Sunday, Nov. 15.
Munday, Nov. 16.
On Munday, Nov. 16. (to which day the Parliament had been last continued) the Bill for reuniting Eye and Dunsden to the Mannor of Sunning, was read secunda vice.
Dominus Custos Magni Sigill. continuavit præsens Parliament. usq; ad diem Jovis, viz. 19 Novemb.
Bill for increase of Horses of service.
Thursday, Nov. 19.
On Thursday, Nov. 19. the Bill for the breed and increase of Horses of Service within the Realm, was read prima vice.
Two Bills were brought up to the Lords from the House of Commons; of which, the second was to avoid and prevent divers Misdemeanours in lewd and idle persons; and the other was for the confirmation of Grants made to her Majesty, and of Letters-Patents made by her Majesty to others.
One of the Qu. servants complains of an Arrest.
The Lord Mordant being not able to attend for want of health, certified so much to the House by the Lord Compton.
He is ordered to give Bond to abide Judgment, &c.
This day William Hogan was brought into the House from the Fleet; who having made relation of his Arrest, and the time when, and of the parties that arrested him, declaring that he was arrested by the Under-Sheriff of Surrey, and others, upon the Saturday before the beginning of this Parliament, and that it was known unto the said Under-Sheriff that he was her Majesties servant in Ordinary, and that he thought Tolkerne who was the Creditor, was not privy to the Arrest, contrary to the Priviledge of that Court; upon the Offer and Petition of the said William Hogan, it was ordered, That the said William Hogan should enter into sufficient Bond to abide the Order and Judgment of the Earl of Cumberland, the Lord Bishop of London, and the Lord Zouche, for such satisfaction to be made of the Debt of 50 l. and any Costs and Charges as by the said Lords should be thought fit, the Bond to be taken to the said Lords, and thereupon to be discharged out of Prison and Execution. And likewise, that the Warden of the Fleet should be free from any trouble, or damage, or molestation, for discharge of the said William Hogan.
Those who arrested him, to appear at the Lords Bar.
It was likewise ordered by the Court, That the Under-Sheriff and any others that did arrest, or assist the Arrest of the said William Hogan, shall be sent for to appear before the Lords in the House, on Saturday next, by nine of the clock in the morning.
Saturday, Nov. 21.
On Saturday, Nov. 21. (to which day the Parliament had been last continued) three Bills had each of them one reading; of which, the last being the Bill for assurance of Lands, was read tertia vice.
When the Votes are equal for the Affirmative and Negative, the Negatives by custome, are to carry it.
Upon the reading of which Bill, sundry Objections were made against some points of the same by the Lord Bishop of London, and divers other Lords, insomuch that the House was divided, Whether it should be put to the question for the passing thereof, or no? many of the Lords affecting well the said Bill, and wishing that any defect therein might rather be reformed, than by the Question to put it to the hazard to be rejected. Upon which, it was thought meet to propound another Question, viz. Whether the said Bill, having been referred to Committees at the second reading, and by them returned with some Amendments, and thereupon appointed to be ingrossed, may now, after the ingrossing thereof, and third reading, be committed again, or no? Which being accordingly put to the question, and the number both of the affirmative part and negative part falling out to be equal, upon the accompting of them by the Lord Bishop of London and the Lord Grey, appointed by the Lords for that purpose, it was adjudged that the Voices of the negative part, which were against the new committing of the Bill, should prevail, following therein the usual rule of Law, whereof the Lord Keeper made mention, that where the numbers of the affirmative and negative are equal, Semper presumetur pro negante; and after that, the Bill it self being put to the question, Whether it should pass or no, was by the major part denied and refused.
Excuses were made for the absence of divers Lords, by reason of sickness or other reasonable occasions: The Marquiss of Winchester, the Earl of Nottingham, and the Earl of Hertford, signified by some of their Servants to the Lord Keeper; the Earl of Cumberland, and the Lord Scroope, signified by the Lord Wharton; the Lord Rich, by the Lord Zouche; the Lord Mordant, by the Lord Sturton; the Lord Bishop of Coventry, by the Bishop of Meneven; and the Bishop of Chester, by the Bishop of Bangor.
A Motion was made by the Lord Keeper, and approved of by the Lords, That the ancient course of the house may be observed hereafter, in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions, which ought to be done by one of the Peers, and not by other information.
Thomas Crompton, Henry Best, and Francis Jackson, made their appearance in the House, and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice, they answered, That it might so do, and they could take now exceptions to it.
Munday, Nov. 23.
On Munday, Nov. 23. (to which day the Parliament had been last continued) the Bill for reuniting Eye and Dunsden to the Mannor of Suning, was read tertia vice; and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone.
The Bill to avoid divers Misdemeanours in lewd and idle persons, was read secunda vice.
The Bill for confirmation of Grants made to the Queen, and of Letters-Patents made by her Highness to others, was read secunda vice, and committed to the Lord Archbishop of Canterbury, and others: who were appointed to meet at the great Council-chamber; and the Bill was delivered to the Archbishop.
The Bill for increase of Horses of service within this Realm, was read secunda vice, and committed to the Earl of Nottingham, and others; and the Bill was delivered unto him, being the first of the Committees.
The meeting of the Committees for the suppressing of the multitude of Ale-houses, and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt, was upon a Motion of the Lord Treasurer, appointed to be upon Thursday next, at the little chamber neer the Parliament-presence, before the House sit; for that the Committees could not conveniently meet at the times formerly appointed for the same.
The Under-Sheriff sent to the Fleet for arresting Hogan.
The Under-Sheriff of the County of Surrey that arrested William Hogan, was brought into the House to answer for the same, and by Order of the House committed to the Prison of the Fleet.
Tuesday, Nov. 24.
On Tuesday, Nov. 24. (to which day this Parliament had been last continued) three Bills had each of them one reading; of which, the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq; upon Francis Ketleby, was read secunda vice, and committed unto the Earl of Worcester, the Earl of Lincoln, the Lord Bishop of Winchester, the Lord Bishop of Worcester, the Lord Cobham, the Lord Chandois, and the Lord Howard of Walden; and the Bill was delivered to the said Lord Howard: who with the rest were appointed to meet on Saturday next in the afternoon, at the Chamber of the Parliament-presence.
This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self, excusing his not coming, by reason of his great age and infirmities; and withal, prayed their Counsel learned might be heard: whereupon it was ordered, That both their Counsel, and the Counsel of Francis Ketleby, should be heard upon Thursday next in the morning.
Thursday, Nov. 26.
On Thursday, Nov. 26. (to which day the Parliament had been last continued) one Bill being for the more peaceable government of the Parties of Cumberland, Northumberland, and Westmoreland, and Bishoprick of Durham, was read the second time, and committed; but in respect the manner of committing Bills all this Parliament was the same, and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees, and never made joynt Committees with them: therefore the names of the said Committees are for the most part omitted, as a thing not worth the observation.
It was ordered by the House, upon the humble Petition of William Hone Under-Sheriff of the County of Surrey, That he should be set at liberty out of the Fleet, whither he had been committed for arresting one William Hogan her Majesties servant.
The Counsel learned of Andrew Ketleby Esq; and Francis Ketleby, were heard in the House; and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence: and the Lord Archbishop of Canterbury, the Lord Grey, and the Lord Windsor, were added to the said Committees; and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed. And the Bill was delivered to the Lord Howard of Walden.
Dominus Custos Magni Sigilli continuavit, &c.
Decem. 1.
Tuesday, Decemb. 1.
On Tuesday, Decemb. 1. two Bills had each of them one reading; of which, the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased.
Bill to avoid trifling Suits in Law.
Wednesday, Decemb. 2.
On Wednesday, Decemb. 2. three Bills had each of them one reading; of which, the first was to avoid trifling Suits in Law in her Majesties Courts at Westminster.
Thursday, Decemb. 3.
On Thursday, Decemb. 3. two Bills had each of them one reading; of which, the second was the Bill for enabling Edward Nevil of Burling in the County of Kent, and Sir William Nevil his son, to sell certain Lands.
Friday, Decemb. 4.
On Friday, Decemb. 4. the Bill against Drunkards and common Haunters of Ale-houses and Taverns; the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester; the Bill for enabling of Edward Nevil of Berlin in the County of Kent, Esq; &c. and the Bill for confirmation of Letters-Patents made by Edw. 6. to Sir Edward Seignior Kt. were each of them read secunda vice.
Saturday, Decemb. 5.
On Saturday, Decemb. 5. the Bill for maintenance of the Navy, increase of Mariners, and for avoiding the scarcity of Victuals, was read prima vice.
Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees, concerning Musters, Souldiers, &c. That the said Committees having oftentimes met and conferred about the said Bill, did finde so many imperfections in the same, as it could not conveniently be mended: and therefore thought it meet to draw a new Bill; which he presented to the House.
The Bill entituled, An Act for the more peaceable government of the Parties of Cumberland, &c. was returned to the House with certain Amendments; which Amendments were presently twice read, and thereupon the Bill commanded to be ingrossed.
Munday, Decemb. 7.
On Munday, Decemb. 7. two Bills had each of them one reading; of which, the first being the Bill for the more peaceable government of the Parties of Cumberland, &c. was read tertia vice, and sent down to the House of Commons, by Dr. Carewe and Dr. Stanhopp.
The Bill to avoid the double payment of Debts, was brought up to the Lords from the House of Commons by Mr. Controuler, Sir Edward Hobby, and others.
Four other Bills had each of them one reading; of which, the third being the Bill for the confirmation as well of all Grants made to the Queen, and of all resumptions made by her Highness of the possessions of any Archbishoprick or Bishoprick, as of LettersPatents made by her Majesty to others, was read prima vice.
The Bill for confirmation of Grants made to the Queen, and of 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.
This day Sir William Knowls, Sir Edward Hobby Knights, and divers others of the House of Commons, delivered a Message from the said House, desiring a Conference with some of their Lordships concerning the uniting of Eye and Dunsden to the Mannor of Sunning: Upon the delivery of which Message, after the said Sir William Knowls and the rest had a little withdrawn, and then upon propounding this Motion to this House, the Lords having 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 Knowls and the rest, That the Lords had yielded to the Conference, and had appointed the Lord Treasurer, the Lord Steward, the Lord Bishop of London, the Lord Bishop of Winchester, the Lord Zouche, and the Lord Cobham, to meet with some select persons of the House of Commons for that purpose, to morrow by eight a clock in the morning, at the Utter chamber neer the Parliament-presence.
Tuesday, Decemb. 8.
On Tuesday, Decemb. 8. six Bills had each of them one reading; of which, the last being the Bill concerning Captains and Souldiers, and other in the Queens service in the Wars, was read secunda vice, and committed to the Committees formerly appointed for the first Bill of that kind, with addition of the Lord Windsor; and the said Committee to meet upon the said Bill upon the first opportunity of meeting on any other Bill: and the said Bill was delivered to the Earl of Nottingham the third of the Committees.
Nota.
Nota, That here this Bill was delivered unto the Earl of Nottingham, being the third of the Committees, of whom the Archbishop of Canterbury and the Lord Treasurer were the two first: Whereas on Munday, Nov. 23. a Bill being committed upon the second reading, was delivered unto the Archbishop the first of the Committees: And on Thursday, Nov. 26. upon the commitment also of a Bill in the like manner, the Bill was delivered unto the Lord Howard of Walden, being the Puisne Baron, or last of the Committees: by which it is plain, that in the Upper House, as well 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, on the behalf of the Earl of Shrewsbury, to be annexed unto the Bill entituled, An Act for the 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, were read presently. And forasmuch as the Lords desired a speedy proceeding in the said Bill, they sent Dr. Carewe and Dr. Stanhopp to the House of Commons, to move them that some meet persons of that House might joyn 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 neer to the Parliament-presence, to morrow 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 on that behalf.
Upon a Motion sent this day from the House of Commons by Sir Walter Rawleigh, Sir Francis Hastings, Sir Edward Hobby, and others, signifying, That they desired Conference with some of their Lordships, for certain matters concerning the honour of both Houses; 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 Zouche, the Lord De-la-ware, the Lord Cobham, and the Lord Howard of Walden, were appointed to meet on Thursday next by eight a clock in the morning, at the outward chamber neer the Parliament-presence: which was signified to Sir VValter Rawleigh and the rest, in answer of their Message.
Wednesday, Decemb. 9.
On Wednesday, Decemb. 9. the Counsel of the Lady Fane was heard in the House what he could say on her behalf against the Bill of Edward Nevil and Sir Henry Nevil his son; whereupon the Lords finding no cause why the proceeding on that Bill should be any longer staid, Order was given for the third reading thereof.
The Bill for the enabling of Edward Nevil Esq; and Sir Henry Nevil his son and heir apparent, to dispose of certain Copyholdlands, was read tertia vice; upon the third reading of which 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.
The Bill to avoid the double payment of Debts, was read secunda vice.
The Lord Treasurer made Report, That the Committees in the Bill concerning Letters-Patents, &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. Atturney-General was required to deliver his Opinion on that behalf; which being done by him accordingly, to this effect, That he thought the said Proviso 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 Counsel 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 equity of the House, that they should be so heard; to which end their Counsel were appointed to give their attendance to morrow by eight in the morning.
And moreover, for the better satisfaction of the House of Commons for the present, Mr. Serjeant Yelverton, Dr. Carewe, and Dr. Stanhopp, were sent unto them with this Message, to signifie 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 some doubts that were not yet cleared unto them, they desired the said Conference might be respited until Friday morning next at eight of the clock, at the outward chamber neer the Parliament-presence: unto which Motion the House of Commons willingly consented.
Thursday, Decemb. 10.
On Thursday, Decemb. 10. the Bill for the establishing of the remainder of certain lands of Andrew Ketleby Esq; upon Francis Ketleby, was read tertia vice, and sent to the House of Commons by Dr. Stanhopp and Dr. Hone.
Two other Bills had each of them one reading; of which, the first being the Bill to avoid double payment of Debts, was read tertia vice, and expedited.
The Bill concerning Resumptions, &c. was this day delivered to the Lord Treasurer one of the Committees.
The Counsel learned, as well on the behalf of the Earl of Shrewsbury, as on the behalf of Thomas Holcroft, Henry Candish, and William Candish Esquires, were heard at large in the House; and thereupon Mr. Atturney was required to deliver again his Opinion concerning the said Provisoes offered on either part: which being done accordingly, in more ample and particular manner than he had done before; and having also delivered his Resolution to sundry Questions propounded to him by divers of the Lords concerning the said Cause, it was ordered as followeth.
Upon Debate in the House concerning several Provisoes offered by the Earl of Shrewsbury, and Thomas Holcroft, Henry Candish, and William Candish Esquires, to be annexed to the Bill entituled, An Act for confirmation of Grants made unto the Queens Majesty, and of Letters Patents made by her Highness to others; it was at last agreed, That the Lord Chief Justice of her Majesties Bench, and the Lord Chief Justice of the Common-Pleas, calling unto them the rest of the Judges, and Mr. Atturney-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 concerning the said Bill.
The Lord Keeper signified unto their Lordships, that he received command from her Majesty, to let them understand her pleasure to be, that the Parliament should end on Thursday the 17. or Friday the 18. of this instant Decem. at the furthest, to the end that their Lordships may repair home to their Countries against Christmas; and therefore she required them to employ and spend that time that remaineth, in matters concerning the Publick, and not in private causes.
The Commons desire a Conference with the Lords about a Bill preferred in the Starchamber against a Member of their House.
They reflect on the Att. Gen. for preferring the said Bill, because he had formerly been their Speaker, and so ought to be tender of their Priviledge and Honour.
Memorandum, Quod dicto decimo 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 matters touching the honour of both Houses, did make known to the Lords, the Committees nominated for that purpose, That the occasion of such their Message was, for that, as they were informed, Mr. Atturney-General had preferred a Bill into the Star-chamber 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 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 minde. The other, because in the said Bill, preferred by Mr. Atturney-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 forasmuch as it appeared that it was not an authentical Bill, testified by the hand of the Clerk of the Star-chamber, as it had been meet, the Lords thought it not fit, though otherwise they were willing, to have it read; nor agreeable to the proceedings of such a Court, that the said Bill or Scroul 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 Dr. Hone; who finding the House risen before they came, brought the said Bill back again.
Friday, Decemb. 11.
On Friday, Decemb. 11. the Bill concerning Captains, Souldiers, and other in the Queens service in the Wars, was returned to the House by the Lord Steward, with certain Amendments and a Proviso, thought meet by the Committees; which Amendments and Proviso were presently twice read, and thereupon the Bill commanded to be ingrossed.
The Bill for the maintenance of the Navy, increase of Mariners, &c. was returned to the House by the Lord Treasurer the first of the Committees, with certain Amendments; which Amendments 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 assurance of the Parsonage and Vicarage of Rotherston in the County of Chester, and a Scholars Room in the Cathedral-church of Christ in Oxford, of the foundation of King Hen. 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 the Joynture of Rachel Wife of Edward Nevil, in the County of Kent Esquire: both which Bills were read prima vice.
Bills to prevent holding Fairs and Markets on Sundays. Subsidy-bill.
Saturday, Decemb. 12.
On Saturday, Decemb. 12. eight Bills were brought up to the Lords from the House of Commons, by Mr. Secretary Cecil, Mr. Secretary Herbert, and others, which were each of them read prima vice; of which, the first was for reformation of abuses in Sheriffs and other their inferiour Officers, for not duely executing Writs of Bill to prevent holding Fairs and Markets on Sundays. Subsidy-bill. Proclamation upon Exigents, according to the Stat. 31 Reginæ; and the second was for prohibiting Fairs and Markets to be holden on the Sunday.
Two Bills also had each of them one reading; of which, the the first being the Bill for the grant of four entire Subsidies, and eight Fifteenths and Tenths, granted by the Temporalty, was read prima vice.
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 appointed for them this morning: Mr. Atturney-General and Dr. Carewe were therefore sent unto them, to let them know that their Lordships were ready presently to meet. Upon which Message, the House of Commons returned answer, That they would make their repair to their Lordships forthwith for that purpose.
The Bill for the perfecting of the Joynture of the Lady Bridget Countess of Sussex, Wife of Robert Earl of Sussex, was read secunda vice.
The Bill concerning the Joynture of the Countess of Bedford, was returned to the House by the Earl of Worcester the first of the Committees, with a Proviso and certain Amendments thought fit to be added; together with a Petition of the Lady Russel 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 referred to be made by Mr. Atturney, and the same deferred till the afternoon sitting, by reason the day was spent.
Dominus Custos Magni Sigilli continuavit præsens Parliament. usq; ad 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 water of certain over-flown 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 secunda vice.
The Proviso that was presented to be added to the Bill for the maintenance of the Navy, and increase of Mariners, &c. was read tertia vice, and sent to the House of Commons; together with the Bill concerning Captains, Souldiers, &c. by Dr. Carewe and Dr. Stanhopp.
The Amendments and Proviso in the Bill concerning the Countess of Bedford's Joynture, were twice read; and likewise the Lady Russel's 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 Rules in the Exchequer, were appointed to meet forthwith in the little chamber neer 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.
Munday, Decemb. 14.
On Munday, Decemb. 14. (to which day the Parliament was last continued) 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 fit by the Committees to be added, was also read the third time.
The Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford, and the Provisoes and Amendments presented by the Committees to be added to the Bill, 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 Dr. Swale, and the Clerk of the Crown.
Four Bills more had each of them one reading; of which, the last being the Bill for the grant of four entire Subsidies, and eight Fifteenths and Tenths, granted by the Temporalty, was read secunda vice.
Two Bills more were also brought up to the Lords from the House of Commons; of which, the second being the Bill for the confirmation of the Charter of Edw. 6. of the three Hospitals of Christ, Bridewel, and St. Thomas the Apostle, to the Mayor, Commonalty, and Citizens of London, was read prima vice.
The Bill to confirm the assurance of the Mannors or Farms of Sagebury alias Sadgbury, and Obden, and other Hereditaments, to Samuel Sandis Esq; and John Harris Gent. and their Heirs; and the Bill for the Amendment of certain imperfections of a Statute made 8 Reginæ, concerning the true making of Hats; were each of them read secunda vice.
The Paper or Scroul concerning Belgrave, was this day returned from the House of Commons, subscribed by the Clerk of the Council in the Star-chamber, and excuse made by them for not sending the same at the first.
Dominus Custos Magni Sigilli continuavit præsens Parliament. 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 augmentation of the Joynture of Rachel Wife of Edward Nevil of Berling in the County of Kent, was read secunda vice.
Bill to erect a Harbour and Key.
The Bill concerning the erecting of a Harbour and Key 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 for prohibiting Fairs and Markets to be kept on the Sunday, was read secunday vice, and committed.
Upon the Motion of 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.
The Counsel, as well of the Company of Plaisterers, as Painters, were appointed to be heard in this House to morrow in the afternoon.
Tuesday, Decemb. 15.
On Tuesday, Decemb. 15. three Bills had each of them one reading; of which, the second being for the erecting and making of a Harbour and Key on the north part of Devon, in the River of Severn, for the safeguard of men and shipping, and for the publick good of the Common-wealth, was read tertia vice, and sent down to the House of Commons for their consideration of an Amendment sent down by Dr. Stanhopp, Dr. Swale, and Dr. Hone.
The Bill for the grant of four entire Subsidies, eight Fifteenths and Tenths, granted by the Temporalty, was read tertia vice, and expedited.
The Bill for naturalizing certain persons born beyond the Seas, was read secunda vice.
Subsidy of the Clergy confirmed.
The Bill for confirmation of the Subsidy of the Clergy, was read prima, secunda, & tertia vice. Memorandum, That at the second and third reading of the said Subsidy-bill, the body of the Grant was omitted to be read, according to the accustomed manner, and onely the preface and confirmation of the Grant were read; and the Bill was sent to the House of Commons by Mr. Serjeant Telverton, Dr. Stanhopp, and Dr. 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 order of the Court, set at liberty. Vide concerning this matter on Decemb. 19. following.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post meridiem hujus diei.
About which time the Lord Keeper and divers other Lords assembling, the Bill for naturalizing certain persons born beyond the Seas, was read tertia vice, and expedited.
Bill against the transportation of Guns, &c.
Eight Bills were brought up to the House of 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, Guns, Metal, Iron-Ore, and Iron-shot, were each of them read prima vice.
Wednesday, Decemb. 16.
On Wednesday, Decemb. 16. the Bill for the re-edifying, repairing, and maintaining of two bridges on the River of Edon neer the City of Carlisle in the County of Cumberland, was read prima & secunda vice.
Seven other Bills had each of them one reading; of which, the fourth being the Bill for continuance of divers Statutes, and for the repeal of some others; and the fifth to redress the misemployment of lands, goods, and stocks of money, heretofore given to charitable uses, were each of them read secunda vice.
Eight Bills were brought up to the Lords from the House of Commons by Mr. Secretary Cecil, Sir Walter Rawleigh, and others; of which, the first being the Bill for the ending and appeasing of all differences and debates between Francis Ketleby of the one part, and Andrew Ketleby and Jane his Wife of the other part; and the second being for the recovery of many thousand acres of marish grounds, subject commonly to surrounding with water, within the Isle of Ely, and Counties of Cambridge, and Suffolk, Huntington, Northampton, Lincoln, and Norfolk, were each of them read prima vice: As also the fifth, being the Bill for the necessary relief of Souldiers and Mariners, was read prima vice.
A Message was delivered from the House of Commons by Mr. Controuler and others, That the said House was not satisfied concerning the Proviso added by the Lords to the Bill entituled, An Act for the better observation of certain Orders in the Exchequer; and therefore desired a Conference with some of their Lordships about the same.
The Conference was yielded unto, and appointed to be this afternoon at the outward chamber.
The Bill entituled, An Act for the reformation of Deceits of certain Auditors, &c. was returned to the House with certain Amendments; the Bill, with the same Amendments, 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 Amendments and Provisoes should be added to the said Bill; which were returned to the House, and presently twice read, and so commanded to be ingrossed. And thereupon the Bill it self, with the said Amendments and Provisoes, were read the third time, and sent to the House of Commons for their Consideration of the same, by Mr. Atturney-General and Dr. Stanhopp.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post meridiem hujus diei.
Bill about ensurance amongst Merchants.
About which time the Lord Keeper and divers other Lords assembling together, eleven Bills had each of them one reading; of which, the fifth being the Bill for the recovery of many thousand acres of marish grounds, subject commonly to surrounding, within the Isle of Ely, &c. the sixth being for redress of certain abuses and deceits used in painting; the seventh concerning matters of assurance amongst Merchants; and the eighth being for the assize of Fewel; were each of them read secunda vice.
Upon the meeting this afternoon with those of the House of Commons appointed to confer with the Lords Committees in the Bill entituled, An Act for the better observation of certain Orders in the Exchequer, &c. concerning a Proviso added by the Lords to that Bill, after some debate by the Committees on both parts thereupon, they of the House of Commons did signifie, That the said House would allow of the said Proviso, so as the same might in some certain points be amended. Whereupon question grew between them, Whether the said Amendment of the said 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 common consent, That the Amendments should be made in the House of Commons, and sent up in Paper, and to be 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 the 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 now be such a Collection made; and that the Lord Bishop of Chichester, the Lord Bishop of Peterborough, the Lord Zouche, and the Lord Rich, should be Collectors of the same, after such Rates as have been usually given and bestowed by the Lords for the said charitable purpose, as in former Parliaments; and they to take order for the distribution of it.
Thursday, Decemb. 17.
On Thursday, Decemb. 17. the Bill for the relief of the Poor, was read secunda vice.
It was ordered, That Edward Thomas of the Middle-Temple, should be presently sent for and brought before the Lords in the House, for that contrary to the Priviledge of the House, he hath caused one Thomas Gerrard Gent. to be arrested: And it was likewise ordered, That such persons as made the Arrest, or did assist in doing the same, shall likewise be sent for by the Serjeant at Arms, to answer their doings therein.
The Bill for the necessary relief of Souldiers and Mariners, was read secunda vice.
Two Bills were brought up to the Lords from the House of Commons; of which, the first being the Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford, was expedited.
Two other Bills had also each of them one reading; of which, the second being the Bill for reformation of deceits and frauds in certain Auditors and their Clerks, in making deceitful and untrue Particulars, was read tertia vice, and sent to the House of Commons by Dr. Carewe and Dr. Hone.
The Bill was brought back from the House of Commons, entituled, An An for confirmation of Grants made to the Queens Majesty, and of Letters-Patents made by her Highness to others, and expedited.
The Bill for confirmation of the Subsidy granted by the Clergy, was returned from the House of Commons, and was expedited.
The Bill concerning the Assize of Fewel, was read tertia vice, and expedited.
Dominus Custos Magni Sigilli continuavit præsens Parliament. usq; ad horam secundam post meridiem instantis diei.
About which hour the Lord Keeper and divers other Lords assembling, five Bills had each of them one reading; of which, the second being the Bill for strengthening of the Grants made for the maintenance and government of the house of the Poor, called St. Bartholomew's Hospital, of the foundation of King Hen. 8. was read secunda vice.
The Bill for 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, &c. was read tertia vice, and expedited.
Upon the third reading of this Bill, it was moved, that certain Additions might be put in the title of the Bill, and Amendments in some points in the body thereof, and the Lord Chief Justice and Mr. Atturney-General 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. Atturney and Dr. Hone; who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the title of the Counties of Sussex, Essex, Kent, and the County Palatine of Durham.
Three other Bills had also each of them one reading; of which, the last being the Bill to make the Lands, Tenements, and Hereditaments of Edward Lucas Gent. deceased, Executor of the last Will and Testament of John Flowerdew Esq; deceased, liable, &c. was read secunda vice.
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 neer the Parliament-presence.
Friday, Decemb. 18.
On Friday, Decemb. 18. four Bills had each of them one reading; of which, the last being the Bill for her Majesties most gracious general and free Pardon, was read prima vice, and sent to the House of Commons by Mr. Atturney-General and Dr. Stanhopp.
Order of the House about the dispute between Painters and Plaisterers.
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 said Lords of the said Upper House have thought it meet and convenient, that some course may be taken for reformation of any such wrong as may be found truly complained of, and fit to be remedied, and for setting some good agreement and order for the said Painters and Plaisterers, so as each sort of them might exercise their Trade conveniently, without incroaching one upon the other.
It is therefore ordered by the said Court of the Upper House of Parliament, That the said complaint and cause of the said Painters, which proceeded not in Parliament, shall be referred 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 hearing of the said Cause, the Lord Chief Justice of England, the Lord Chief Justice of the Common-Pleas, Mr. Justice Gawdy, and Mr. Baron Clarke, and Mr. Atturney-General, or any four, three, or two of them, shall assist and give their help for the making and establishing of some good Order and Agreement between the said two Companies. And that the said Parties Complainants, and also the Company of Plaisterers, shall observe and keep such Order as the said Mayor, the Lord Chief Justice of England, the Lord Chief Justice of the Common-Pleas, Mr. Justice Gawdy, Mr. Baron Clarke, Mr. Atturney-General, and Mr. Recorder of London, or any six, five, four, or three of them, whereof the Lord Mayor, the Lord Chief Justice of England, or Lord Chief Justice of the Common-Pleas, shall be two, shall be set down and prescribed.
Memorandum, That whereas William Crayford of Mongham in the County of Kent, Gent. was this day brought before the Lords 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 Gent. servant to the Earl of Shrewsbury, 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 referred 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 Arbitrament as the said Lords shall make and set down between them.
Saturday, Decemb. 19.
On Saturday, Decemb. 19. a Motion was made in the House for the avoiding of all further Controversies between William Crayford and William Vaughan Gent. That forasmuch as each of them took mutual exceptions one to the other, touching the Bonds whereinto they had entered by order of the Court, the said William Crayford alleadging, that it sufficed not for 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 alleadging, that if the said William Crayford were bound alone, his Sons and Heirs might trouble and molest the said Vaughan, without hazard of the Bond, some further order might thereupon be taken. It is there fore this day ordered by the Court, That the said William Crayford and his eldest Son Edward Crayford, shall 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 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 the like Bond with a sufficient Surety for himself and his Heirs, to stand to the said Award of the Lords before-mentioned, or any two of them; so as the said 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 same, shall commit them or either of them to close Prison, for refusing; there to remain until the party refusing be conformable to the said Order.
Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; ad horam secundam post meridiem hujus instantis diei.
The Qu. comes to the House.
About which hour in the afternoon, the Queens Majesty was personally present, being accompanied with the Lord Archbishop of Canterbury, Sir Thomas Egerton Kt. 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-book of the Upper House, and therefore is supplied out of a very laborious and copious Journal of the House of Commons, taken by Hayward Townsend Esq; a Member thereof at this Parliament.
Her Majesty, with divers Lords Spiritual and Temporal, being set in the Upper House in their Parliament-Robes, between two and three of the clock this afternoon, the Knights, Citizens, and Burgesses of the House of Commons had notice thereof, and thereupon repaired thither with John Crooke Esq; 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 Cloath of Estate, spake to the effect following.
The Speaker's Speech.
That Laws were not first made with humane Pen, but by divine Ordinance; that Politick Laws were made according to the evil condition of men; and that all Laws serves not at all times, no more than one Medicine for all Diseases: and said, if he were asked what was the first and chiefest thing to be considered of, he would say, Religion: for 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 to the Laws, breedeth Faithfulness, Honesty, and Love, the three necessary and onely things to be wished and observed in a well-govern'd Commonwealth. And that her Majesty, by planting true Religion, had laid such a foundation, upon which all those Vertues were planted and builded, that they could not easily be rooted up or extirpated: and therefore acknowledged, 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; amongst which, principally and above all, he 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 redress of some Laws, and for making of new;
Her dutiful and loyal Subjects, having considered of them, have made some new, and amended some old; which they humbly desire may be made Laws by her 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 testimony of our Loves and Duties 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; which he was advised of by some of the Counsel that stood neer unto him, and so he spake it right: and craving pardon for his offence, if either he had forgotten himself either in word or action, he ended his Speech.
To which, the Lord Keeper answered thus in effect.
The L. Keeper returns the Queens Answer.
As touching her Majesties proceeding in the Laws for her Royal Assent, that should be as God directed her sacred spirit. Secondly, For your presentation of four Subsidies, and eight Fifteens and Tenths; And thirdly, Your humble thank-fulness for them and your self; I will deliver her Majesties Commandment with what brevity I may, that I be not tedious to my most gracious Soveraign.
First, She saith your proceeding in the matter of her Prerogative, she is perswaded that Subjects did never more dutifully do it; and that she understood you did but obiter touch her Prerogative, and no otherwise but by humble Petition: and therefore the thanks that a Prince may give to her Subjects, she willingly yieldeth. But she now well perceiveth that private respects are privately masked under publick pretences.
Secondly, Touching the presentation of your Subsidies, 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 you have granted, her Majesty greatly commendeth your confidence and judgments; and though it be not proportionable to her occasions, yet she most thank fully receiveth the same, as a loving and thank-ful Prince. And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign; for we all know she never was a greedy Grasper, nor straight-handed keeper: And therefore she commanded me to say, That you have done (and so she taketh it) dutifully, plentifully, and thank-fully.
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 have deserved more. And so he ended, after an Admonition given to the Justices of Peace, That they would not deserve the Epethites of prowling Justices, Justices of Quarrels, who counted Champerty good Chevesance; sinning Justices, who did suck and consume the Good of this Commonwealth; and also against all those that did lie, if not all the year, yet at least three quarters of the year, in the City of London.
They are dissolved.
After these Speeches ended, her Majesty gave her Royal Assent to nineteen Publick Acts, and ten Private Acts; and then the Parliament was dissolved by the Lord Keeper of the great Seal of England.