The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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Simonds d'Ewes, 'Journal of the House of Lords: January 1598', 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/pp536-544 [accessed 31 October 2024].
Simonds d'Ewes, 'Journal of the House of Lords: January 1598', in The Journals of All the Parliaments During the Reign of Queen Elizabeth( Shannon, Ire, 1682), British History Online, accessed October 31, 2024, https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp536-544.
Simonds d'Ewes. "Journal of the House of Lords: January 1598". The Journals of All the Parliaments During the Reign of Queen Elizabeth. (Shannon, Ire, 1682), , British History Online. Web. 31 October 2024. https://prod.british-history.ac.uk/no-series/jrnl-parliament-eliz1/pp536-544.
January 1598
On Thursday the 12th day of January the Bill entitled An Act for encrease of People for the service and defence of the Realm was returned unto the House by the Committees (who were appointed on Tuesday the 20th day of December foregoing) and a Motion was made by the Lord Arch-Bishop of Canterbury, the first of the Committees, that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill. Whereupon Mr Attorney and Mr Doctor Stanhop were addressed to the House of Commons with a Message to that effect; and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow, being the 13th day of this instant January ensuing, by two of the Clock in the Afternoon.
Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People, &c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill; and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill, to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting. The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing; And therefore agreed that answer should be made, that if upon verbal Conference they should remain unsatisfied touching the said Objections, then they should have the same delivered unto them in writing for their further consideration thereof. Which answer was presently notified to the said select Committees. And in the mean season the Judges were required to set down the said Objections in writing, that it might be in readiness for the said Committees of the House of Commons, if upon the verbal Conference they should not be satisfied. Vide concerning this matter on Saturday the 14th day of this instant January following.
Three Bills of no great moment had each of them one reading; of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk, was read secundâ vice and committed unto the Lord Treasurer, the Earl of Essex Lord Marshal, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Rich, the Lord North and the Lord Buckhurst; and the Lord Chief Baron and Mr Attorney General to attend their Lordships. Vide concerning this Attendance of the Judges on Monday the 7th day of November foregoing.
The Bill for the establishing of the Bishoprick of Norwich and the Possessions of the same, against a certain concealed title made thereunto, was read secunda vice. Upon this reading it was Ordered by the Lords that all parties whom this Bill may concern should be openly heard in the House upon Saturday next in the Morning, being the 14th day of this instant January, to the end it might be considered whether the same may justly pass without prejudice to the said parties, and George Lester then to be warned to attend. Vide concerning this matter on Monday the 14th day of December foregoing; as also on Saturday the 14th day, Monday the 16th day, and Tuesday the 17th day of this instant January following.
Another Bill also of no great moment touching Clothiers was read secunda vice, and referr'd to Committees. Vide plus de ista materia die sequente.
Certain Amendments were offered unto the House by the Committees upon the Bill Intituled An Act for the Naturalizing of certain Englishmens Children and others born beyond the Seas. Which Amendments were presently twice read; And thereupon both the Bill and the Amendments were read the third time, and returned unto the House of Commons by Mr Serjeant Drew, and Mr Dr Carew.
On Friday the 13th day of January, the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read primâ vice.
The said Kirkham and Ambrose Willoughby Esq; are to be warned to attend the Lords on Monday Morning next, being the 16th day of this instant February, at which time it is appointed that the said Bill shall be read the second time. Vide touching this matter on Monday the 16th day, and Tuesday the 17th day of this instant January following.
The Bill against deceitful stretching and tentering of Northern Cloth was read secundâ vice, and committed to the Earl of Shrewsbury, Viscount Bindon, the Bishop of London, the Bishop of Bath and Wells, and the Bishop of Norwich, the Lord Zouch, and the Lord Buckhurst; and the Lord Chief Baron, Mr Justice Owen and Mr Baron Evers, to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7th day of November foregoing.
The same Committees, time and place appointed upon the Bill for the relieving of Clothiers, concerning the weight of short broad and coloured Cloths, &c. the former Committees being part of this number, having not had time to perfect the same, who had been appointed yesterday.
Three Bills of no great moment had each of them one reading; of which the last being the Bill to preserve the property of stoln Horses in the true Owners, of Vouchers in sale of Horses in Fairs and Markets, was read tertia vice and refused.
The Bill concerning the recovery and draining from the water certain overflown grounds in the County of Norfolk was read secundâ vice, and referr'd to the same Committees upon the Bill formerly read of that kind concerning three hundred thousand Acres, &c. (whose names see before on Wednesday the 11th day of this instant January foregoing) with Addition of the Lord St John; and Mr Attorney to attend; appointed to meet at the same time and place, &c. And such parties as the same may concern to be warned to attend also.
On Saturday the 14th day of January certain Objections unto the Bill Intituled An Act for the increase of people, &c. were set down in writing by Mr Attorney General, and brought into the House by the Archbishop of Canterbury, the first of the Committees. And the same was sent to the House of Commons for their consideration thereof, according to a Proviso made by their Lordships to the Select Committees of the House of Commons at the meeting yesterday about that Bill, by Mr. Attorney General and Dr. Stanhop. Vide concerning this matter on Thursday the 12th day of this instant January foregoing, as also on Friday the 20th day of the same Month following.
Upon Motion made by the Lord Archbishop that the Committees for the Bill of Tillage had not time to perfect the same at the meeting formerly Assigned, It was Ordered by the House that the said Committees should meet again about it at the great Council Chamber, &c.
The like Motion was made touching the Bill of Broakers and Pawn takers, and the like Order.
Certain Knights and Burgesses of the House of Commons sent to the Lords to desire a Conference with a competent number of that House concerning the Amendments and Provisoes added to the Bill Intituled An Act for erecting of Houses of Corrections and punishment of Rogues, Vagabonds and Sturdy Beggars. Whereupon choice was made of the Lord Archbishop, the Lord Admiral, the Earl of Shrewsbury and the Bishop of Winchester, being part of the number formerly appointed upon that Bill; the three Chief Justices, Mr. Serjeant Drew and Mr. Attorney to attend. And the same presently signified to the said Knights and Burgesses, but with this caution, That whatsoever had been amended or added by their Lordships could not now be altered by the Orders of the House. Howbeit to yield the House of Commons satisfaction of the reasons that moved their Lordships to make those Amendments, they assented to the Conference, and the meeting was appointed to be in the outward Chamber of the Upper House of Parliament on Monday the sixteenth day of this instant January following, by eight of the Clock in the Morning. On which said Monday see more of this matter.
The Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties services concerning the Wars, was read primâ vice.
The Councel Learned as well on the part of the Bishop of Norwich and his Tenants, as on the part and behalf of George Lester were heard openly in the House; but for the present no further Order or proceeding therein. Vide touching this business on Tuesday the 20th day of December last past, and on Thursday the 12th day of this instant January foregoing; as also on Monday the 16th day, and Tuesday the 17th day of the same Month next ensuing.
The Earl of Essex not able to attend for want of health was certified by the Lord North.
The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester.
On Monday the 16th day of January, to which day the Parliament had been last continued on Saturday foregoing, Two Bills had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the City of Lincoln and the Town corporate of Nottingham, was read secundâ vice, and committed unto the Lord Treasurer of England, the Earl of Essex Earl Marshal, the Earl of Nottingham Lord Admiral, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Evers, the Lord North, the Lord St. John and the Lord Buckhurst; the Lord Chief Justice of the Common Pleas, Mr Justice Clench, Mr Serjeant Drew and Mr Attorney General to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7th day of November foregoing.
Report was made to the House by the Lord Archbishop of Canterbury, that upon the meeting of such of the Lords of the Upper House as were appointed this day to confer with certain select Knights and Burgesses of the House of Commons concerning the Amendments and Provisoes added by their Lordships to the Bill intituled An Act for erecting of Houses of Correction, &c. The said Knights and Burgesses do hold themselves satisfied upon the reason alledged by their Lordships in some part of the said Amendments, but not in all. Vide concerning this matter on Saturday the 14th day of this instant January foregoing.
Kirkham was called into the House before their Lordships, and after he had been heard what he was able to say in his own behalf concerning the Bill, the same was read the second time, viz. The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham was read secundâ vice, and Ordered to be engrossed. Vide concerning this Bill on Friday the 13th day of this instant January foregoing, as also on Tuesday the 17th day of the same Month immediately ensuing.
Two Bills also had each of them one reading; of which the first being the Bill for repressing of offences that are of the nature of stealth, &c. was returned unto the House by the Earl of Essex, the first of the Committees, with certain Amendments; which Amendments were presently thrice read, and sent by Mr Serjeant Drew and Mr Dr Stanhop to the House of Commons for their consideration.
A Motion was made, that a Proviso should be added to the Bill concerning the Bishoprick of Norwich; which Proviso was presently drawn in the House by Mr Attorney, and thereupon read. And for the more expedition in the proceeding of the Bill, it was thought meet, that the Lord Archbishop of Canterbury, the Earl of Essex Lord Marshal, the Earl of Nottingham Lord Admiral, the Bishop of London, the Lord Hunsdon Lord Chamberlain, and the Lord Cobham should confer with a competent number of the House of Commons about the said Proviso. Whereupon Mr Serjeant Drew and Mr Attorney were sent to the said House of Commons to signifie the same. Who presently assented to a meeting, and made their repair to their Lordships forthwith accordingly. Vide concerning this matter on Tuesday the 20th day of December foregoing, and on Thursday the 12th day, and on Saturday the 14th day of this instant January last past; as also on Tuesday the 17th day of the same Month immediately ensuing.
Four Bills were brought up to the Lords from the House of Commons; of which the last was the Bill for confirmation and better assurance and conveyance of certain Mannors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the Earl of Leicester. Vide postea concerning this Bill on to Morrow following.
On Tuesday the 17th day of January it was agreed upon in the House, that the Committees upon the Bill for maintenance of Husbandry and Tillage (who were appointed on Wednesday the 11th day of this instant January foregoing) should meet for perfecting of the same at the great Council Chamber at the Court at Whitehall this present day, by two of the Clock in the Afternoon.
The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read tertiâ vice, and sent to the House of Commons by Mr Serjeant Drew and Mr Dr Stanhop. Vide touching this business on Friday the 13th day, and on Monday the 16th day of this instant January foregoing.
Two Bills had each of them one reading; of which the second being the Bill for confirmation and better assurance and Conveyance of certain Mannors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the late Earl of Leicester, was read primâ vice.
George Ognell and the parties that follow the Bill for the Hospital, to be heard openly in the House by their Councel Learned to Morrow the 18. day of this instant January in the Morning. Vide concerning this business on Monday the 16. day of this instant January foregoing, in fine Diei.
A Proviso drawn by Mr Attorney by Commandment of the House and appointed to be added to the Bill for establishing the Bishoprick of Norwich, &c. was twice read and commanded to be ingrossed; And then both the Bill and the Proviso being read the third time, were returned to the House of Commons for their consideration of the Proviso. Vide touching this matter on Tuesday the 20th day of December foregoing, and on Thursday the 12. day, Saturday the 14. and on Monday the 16. day of this instant January foregoing.
The Earl Marshal was added to the Bill concerning Accomptants.
Three Bills lastly had each of them one reading; of which the last being the Bill for some better staying of Corn within the Land, to give liberty to English Subjects sometimes to buy Wheat &c. and to sell the same again in the same kind, for the better relief of the CommonWealth, was read tertiâ vice and rejected.
On Wednesday the 18th day of January, the Lord Keeper signified to the House, that the parties that follow the Bill for the Hospital of Warwick are not provided of their Councel Learned. Whereupon the House assigned them a new day, viz. Friday Morning the 20. day of this instant January following. Vide concerning this matter on Monday the 16. day, and on Tuesday the 17. day of this instant Month foregoing.
Four Bills of no great moment had each of them one reading; of which the two last, the one for the avoiding of bringing in of Pins, and the other for the better furnishing and supplying of skilful Chirurgeons in and to the Land and Sea services for her Majesty and the Realm, were each of them upon the second reading rejected.
The Earl Marshal was added to the Bill for Broakers and Pawn-takers.
The Committees upon the Bill for consirmation of Statute Merchants in the Cities of Lincoln and Town of Nottingham, and the Committees upon the Bill concerning Tellors and Receivors were appointed to meet this present day.
The Councel learned on both sides upon the Bill concerning Mr Mollineux were appointed to be heard openly in the House on Saturday next, being the 21th day of this instant January, and warning to be given in the mean while thereof to the parties.
The Amendments agreed upon by the Councel upon the Bill of Tillage (who were appointed on Wednesday the 11th day of this instant January foregoing) were appointed to be brought into the House to Morrow Morning by the Lord Chief Justice of England.
The Lord Buckhurst signified, That upon a Letter written unto him by the Lord Marquess of Winchester, notifying his present sickness whereby he was not able to give his Attendance as yet, the said Lord Buckhurst having moved her Majesty therein according to the request of the said Lord Marquess, it pleased her Majesty to hold him excused for the present until his recovery, and commanded that he should then give his Attendance.
On Thursday the 19th day of January the Bill for reforming of certain abuses touching Wine Casks was read secundâ vice, and commited unto the Lord Burleigh Lord Treasurer, the Earl Marshal, the Earl of Nottingham Lord Admiral, the Bishop of Rochester, the Bishop of Chichester, the Lord North, the Lord Buckhurst, the Lord Howard of Walden; and Mr Justice Owen and Mr Serjeant Drew to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7th day of November foregoing) which said Committees were appointed to meet at the little Council Chamber at the Court at Whitehall at three of the Clock in the Afternoon.
Certain Amendments and a Proviso was brought into the House and delivered, by the Archbishop of Canterbury, the first of the Committees upon the Bill of Maintenance of Husbandry, &c. and the same being twice read were commanded to be ingrossed.
Answer was returned in writing from the House of Commons, and delivered by certain Knights and Burgesses sent for that purpose, unto the Objections taken by their Lordships to some Points of the Bill intituled An Act for the increase of People for the service and defence of the Realm; which objections were also formerly delivered unto them in writing upon their request made unto their Lordships.
Certain selected Persons of the House of Commons, viz. Sir William Knolls and Sir Edward Hobby Knights, with divers others coming from the said House of Commons, in delivered a Message signifying that the said Knights and Burgesses desired to receive satisfaction, from the Lords concerning an Innovation (as the said Knights and Burgesses supposed) very lately begun in the Upper House in delivering of an Answer from the Lords by the Mouth of the Lord Keeper, in other form and manner than was pretended by the Knights and Burgesses to have been in former times used, and, as they did interpret it, to the prejudice and derogation of the liberty of the House of Commons. For whereas on the fourteenth day of this instant January foregoing, Sir Walter Raleigh Knight with divers others of the said House of Commons were sent up to the Lords to deliver a certain Message to the House, after Consultation had thereon by the Lords, and after signification given to the said Sir Walter Raleigh and the rest (staying in the outward Room for Answer) that they might come in to receive the same; it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place, and all and every of the Lords keeping their places, and not going down to the Bar as the use and form is, when the Lords either receive Bills or Message from the House of Commons, and as the Lord Keeper had done once or twice before by Error, or not attending the Formality and Order of the House in that Point. This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the same House of Commons, wherein they desire to receive satisfaction as is before mentioned.
Upon which Message the Lords having consulted and delivered their Opinions touching the said Order and Custom of the House, as it had been observed and particularly noted and remembred by some of them that were the most ancient and of longest continuance in Parliaments, and especially by the Lord Burleigh Lord Treasurer, the most ancient Parliament man of any that were at that time present either of the Upper House or House of Commons, and likewise by the Lord Archbishop of Canterbury, and by the Lord Admiral, the Lord North the Lord Buckhurst and others, that had been present in many Parliaments; It was resolved that the Order and usage of the House was and is, That when any Bills or Messages be brought from the House of Commons to be preferred to the Upper House, the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar, there to meet such as come from the said House of Commons, and from them to receive in that place their Messages or Bills: But contrariwise when any Answer is to be delivered by the Lord Keeper, in the name and behalf of the House, to such Knights and Burgesses as came from the House of Commons, the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar, and the Lord Keeper is to deliver the same sitting in his place with his head covered, and all the Lords keeping their places; and that whensoever it had been otherwise done, it had been by error and mistaking, and therefore not to be drawn into an Example or Precedent as it was acknowledged by the Lord Keeper this day and the rest of the Lords, that the going of the said Lord Keeper and the rest of the Lords from their places to the Bar some few days before, once or twice, to give Answer to some of the House of Commons (whereof the said House of Commons seemed to take some advantage) was only by miscognizance or rather for want of due remembrance at that present of the Order and Custom of the House, whereunto their Lordships (having regard rather to dispatch of matters of importance in the House, than to formalities) were not greatly intentive. This to have been the ancient usage of the House, and that the same ought still to be, was concluded by common and general consent, both upon particular remembrances and observations of the like course and Order holden aforetime by other Lords that held the place in the House of Lord Chancellor or Lord Keeper, and also by divers reasons produced and alledged to prove and shew, that the said Order doth best stand with the dignity and gravity of the House, and with the conveniency and aptness for dispatch of affairs appertaining to the Parliament; and that the contrary course is both undecent and inconvenient.
This being so resolved and concluded, it was agreed that Mr Attorney General and Mr. Serjeant Drew should go down to the House of Commons, and signify from the Lords to the Knights and Burgesses, That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demands, Answer should be given them. Whereunto the said Knights and Burgesses returned signification of their assent by the said Mr Attorney General and Mr Serjeant Drew. And in very little time after sent up accordingly the same persons who before had been sent to demand satisfaction. But being come into the House, and having placed themselves at the lower end of the said room, (as at other times they accustomed, except the Lord Keeper and the rest of the Lords would come from their places and meet them at the Bar to deliver them Answer) the Lord Keeper moved them to come nearer to receive Answer. And when they perceived that the Lords were resolved not to come from their places to the Bar, they protested by the Mouth of Sir William Knolles, that they had no Commission to receive Answer in that form. And so refusing to receive any Answer, departed. The question and difference thus remaining betwixt the Houses, it was afterwards upon a Motion sent down from the Lords to the House of Commons agreed on both parts, that a Conference should be had, and that the aforesaid selected persons of the said House of Commons, or so many of them as should be needful should meet with divers of the Lords of the Upper House (being nominated by the House for that purpose) in the outward great Chamber before the Chamber of Parliament presence, to debate the matter and bring it to a conclusion. Which Meeting and Conference being assented unto, and afterwards accordingly there performed on the .... of January, and the Questions debated and the reasons and observation of former time for the aforesaid Order and Custom of the House being alledged by the Lord Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral, the Lord North and the Lord Buckhurst, that had been present in many Parliaments, (and especially by the Lord Treasurer the most ancient Parliament Man) it was found and observed that the Order and Custom of the House was as is before written; videlicet, that when any Bills or Messages are brought from the House of Commons to be presented to the Upper House, the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar, there to meet such as come from the House of Commons, and from them to receive in that place their Messages or Bills: But contrariwise when any Answer is to be delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as come from the House of Commons, the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar, and the Lord Keeper is to deliver the same sitting in his place with his Head covered, and all the Lords keeping their places. And thereupon the House of Commons was satisfied, and the same form was afterwards kept accordingly.
On Friday the 20th day of January, the Answer that came yesterday from the House of Commons to the Objections taken by their Lordships to some points of the Bill Intituled An Act for the encrease of people for the service and defence of the Realm, was by the Order of the House referr'd and delivered to the Lords Committees formerly appointed upon that Bill, on Tuesday the 20th day of December foregoing, who were required to consider thereof and to make their Report of their Opinions concerning the same.
The Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read primâ vice, A former Bill of that nature having been rejected in the House of Commons.
The Bill for the maintenance of Husbandry and Tillage was read tertiâ vice; and the Amendments and Proviso were thrice read, together with the Bill, and were sent down to the House of Commons for their consideration of the Amendments and Proviso by Mr Attorney General and Mr Dr Stanhop.
The Bill for reforming of sundry abuses committed by Souldiers and others in her Majesties Services concerning the Wars was read primâ vice. A former Bill of this nature having been considered of by the Committees was by them refused for many defects found therein, and this preferr'd to the House instead thereof.
The House having not time to hear the Councel Learned on the behalf of George Ognell and those that follow the Bill for the Hospital of Warwick, as was formerly appointed, a new time was appointed for the hearing of the same, viz. on Monday Morning next, being the 23th day of this instant January.
Four Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others; of which the first being the Bill to reform deceit and breaches of Trust touching Lands given to Charitable uses, was read primâ vice.
On Saturday the 21th day of January, Four Bills of no great moment had each of them one reading; of which the second being the Bill for repealing of a branch of a Statute made in the thirty fourth year of Hen. 8. Intituled the Ordinance of Wales, was read secunda vice, and committed unto the Archbishop of Canterbury, the Lord Marshall, the Earl of Shrewsbury, the Earl of Worcester, the Bishop of Worcester, the Bishop of Landaff, the Bishop of Chester, the Lord La Ware, the Lord Rich, the Lord Chandois and the Lord Compton; and the Lord Chief Baron and Mr Baron Evers to attend their Lordships. Vide concerning this Attendance of the Judges upon the Lords Committees on Monday the 7th day of November foregoing.
The parties on both sides concerning the Bill of Edward Mollineux were openly heard by their Councel; and thereupon the said Bill was referr'd to Committees, &c. Vide touching this Bill on Tuesday the 13th day, and on Saturday the 17th day of December foregoing.
On Monday the 23th day of January, to which day the Parliament had been last continued on Saturday foregoing, Three Bills of no great moment had each of them one reading; of which the first being the Bill for establishing a Jointure to Anne Lady Wentworth was read primâ vice.
Five Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for Naturalizing of certain Englishmens Children and others born beyond the Seas, was returned with the allowance of the Amendments expedited. And the third for repressing of offences that are of the nature of stealth, and are not Felonies by the Laws of the Realm, was likewise returned with allowance of the Amendments expedited.
Committees were appointed to confer with a competent number of the House of Commons concerning the Bill Intituled An Act for the encrease of people for the service and defence of the Realm, and the meeting desired to be to Morrow Morning the 24th day of this instant January before the House sit, which the House of Commons Assented unto, viz. the Earl of Shrewsbury, the Lord Viscount Bindon and others.
The Committees that were appointed for Conference the 12th day of December foregoing upon the Bill concerning Tellors, Receivors, &c. were now appointed to meet (adding unto them the Earl Marshal) to Morrow, &c. the meeting also assented unto by the House of Commons with a competent number of them.
The Councel Learned on part of George Ognell, and on the behalf of the Hospital of Warwick, &c. were openly heard in the House. Vide concerning this business on Monday the 16th day, Tuesday the 17th day, and Friday the 20th day of this instant January foregoing.
Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness.
The Committees in the Bill for punishment of Rogues, Vagabonds, &c. (who were appointed on Saturday the 21th day of this instant January foregoing) returned the same to the House with some Amendments by the Lord Archbishop of Canterbury, and the Lord Chief Justice required to consider of the Amendments.
Two Bills were brought up to the Lords from the House of Commons; of which the first being that Lessees may enjoy their Leases against all Patentees, their Heirs and Assigns, not with standing any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was presented by Sir Robert Cecill and others.
On Tuesday the 24th day of January, Three Bills of no great moment had each of them their first reading; of which the first was, that no person robbing any House in the day, although no person be therein, shall be admitted to have benefit of Clergy.
The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars, was returned by the Lord Marshal second of the Committees, with sundry Amendments thought meet to be added; which Amendments were presently twice read, and after consideration thereof had, and much debate whether the Bill should so pass or no, it was thought necessary to be recommitted to the said Committees (who were appointed on Monday the 16. day of this instant January foregoing) and the time and place appointed presently at the little Chamber near the Parliaments presence. The Bill was brought in again with the same Amendments and no Alteration, and thereupon commanded to be engrossed.
The Bill entituled An Act for the relieving of Clothiers concerning the weight of short, broad and coloured Cloths to be made within the Counties of Suffolk and Essex, was returned to the House by the Earl of shrewsbury the first of the Committees, who made Report that upon hearing of both Parties, and upon due consideration of the reasons and allegations by them alledged, the Committees thought there could not be any further proceedings in the same. Whereupon a new Bill was presented bearing this Title, viz. An Act touching the making of short, broad, course coloured Cloths in the Counties of Suffolk and Essex, which was presently read primâ vice.
The Bill for punishment of Rogues, Vagabonds, &c. was brought into the House by the Lord Chief Justice with certain Amendments.
It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees, may afterwards be contradicted or spoken against by any of the Committees: but the doubt was left for the present unresolved. Vide on Thursday the 12th day of November in the Parliament de Anno 43 Regin. Eliz. where this doubt was cleared and ruled affirmatively.
On Wednesday the 25th day of January, Three Bills had each of them one reading; of which the last was the Bill, that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, not with standing any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown.
Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill.
Four Bills of no great moment were brought up to the Lords from the House of Commons; of which the first was the Bill for maintenance of Husbandry and Tillage.
Two Bills had each of them one reading; of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars, was read tertiâ vice.
The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays, &c. (who had been appointed on Thursday the 12th day of this instant January foregoing) had not time at the day formerly assigned; and moving for a new day to be appointed for their meeting, the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber.
Notice was given to the House by the Lord Treasurer, that the Committees upon the Bill concerning Tellors, Receivors, &c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon, according to the Order taken the 23th day of January: But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers (otherwise than to speak as they should see cause as private men) and desired that the Answer might be communicated to the said Commons in writing; the Lords therefore sent down the said Answers to the House of Commons by the hands of Mr Attorney General, and Mr Doctor Stanhop.
The Committees upon the Bill concerning the draining of Waste and Marish grounds, and (who had been appointed on Wednesday the 11th day of this instant January foregoing) were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon.
The Amendments upon the Bill for punishment of Rogues, Vagabonds, &c. were twice read; And thereupon the Bill with the said Amendments was commanded to be engrossed.
On Thursday the 26th day of January, the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts, &c. was returned by the Earl Marshal the second of the Committees, by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill. A Motion was therefore made that the Cause might be ended by some Arbitrary Course. Whereupon the Parties on both sides were called into the House and moved to that purpose; unto which they assented, and made choice of the Earl of Rutland, the Lord Bishop of London, and the Lord Mountjoy, who were appointed to meet this Afternoon (Vide concerning this matter on Tuesday the 17th day of December foregoing.)
Six Bills of no great moment had each of them one reading; of which the fifth being the Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read tertiâ vice, and sent down to the House of Commons by Mr Serjeant Drew and Mr Attorney General.
The Bill for the lawful making of Bayes, &c. was returned by the Earl Marshal the second of the Committees, with a Proviso thought meet to be added; which Proviso was twice read, and commanded to be engrossed.
The Bill to reform deceits and breaches of Trust touching Lands given to Charitable uses, was returned to the House by the Archbishop of Canterbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added, which were twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso engrossed in Parchment ready for a third reading.
Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandring persons (who were appointed Yesterday) had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday; their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit.
The Bill entituled An Act for the encrease of people for the service and defence of the Realm, was returned to the House by the Earl of Shrewsbury, the first of the Committees. And because it seemed to all the Committees appointed for this Bill (together with the Judges) that notwithstanding the Conference with divers selected persons of the House of Commons, this Bill could not proceed; Order was given to the Judges, and especially to the Lord Chief Justice, to draw a new Bill. Whereupon this new Bill following was brought into the House.
The Bill against decaying of Towns and Houses of Husbandry was read primâ vice.
The Bill against carrying of Pelts, &c. was returned into the House by the Earl Marshal.
Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health.
The like excuse by the Lord Chandois for the Lord La Ware.
The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence.
On Friday the 27th day of January, Two Bills of no great moment had each of them one reading; of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice: but no mention that it was committed.
The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice.
Certain Amendments upon this Bill were drawn by the Lord Chief Justice, and being al lowed by the House were also twice read; and thereupon the Bill with the said Amendments was commanded presently to be engrossed.
The Bill touching the making of short broad, course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury, Lord Viscount Bindon, the Lord Bishop of London, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Zouch, the Lord Wharton, the Lord Darcie of Chich, and the Lord Buckhurst; and the Lord Chief Justice of England, the Lord Chief Baron, Mr Justice Owen and Mr Baron Evers to attend their Lordships.
Two Bills lastly had each of them their third reading; of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments, was returned to the House of Commons by Mr Serjeant Drew and Mr Doctor Stanhop for their consideration of the said Amendments.
The Lord Treasurer took his place this day as Baron of Burleigh, between the Lord Buckhurst and the Lord Compton.
The Lord Admiral took his place as Earl of Nottingham, between the Earl of Lincoln and the Lord Viscount Bindon.
And the Lord Chamberlain his place as Baron of Hunsdon, between the Lord Chandois and the Lord St John of Bletso.
On Saturday the 28th day of January, the Bill for the lawful making of Bayes, &c. The Bill to restrain the excessive making of Malt; and one other of no great moment were each of them read tertiâ vice, and sent down to the House of Commons by Mr Serjeant Drew and Doctor Carew.
The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice, and committed unto the Earl of Essex Lord Marshal, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Chamberlain, the Lord Zouch, the Lord Cobham, the Lord Sandes, the Lord Chandois and the Lord Compton; and Mr Baron Clerke and Mr Baron Evers or either of them to attend their Lordships.
The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine, was read secundâ vice. But no mention is made in the Original JournalBook that this Bill was committed; for at the next sitting, viz. Die Lunæ 30° die Januarii, the same Bill was read tertiâ vice, and sent to the House of Commons by Doctor Carew and Doctor Stanhop.
On Monday the 30th day of January, to which day the Parliament had been last continued on Saturday foregoing, the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees. And because the Committees found many defects therein, so that they thought the same unfit to proceed, they therefore together with the said Bill presented a new Bill intituled as the former, which was read primâ vice.
The Bill touching the making of short broad course coloured Cloths (which was committed on Friday the 27th day of this instant January foregoing) was returned to the House by the first of the Committees; and therewithal, because the same was by the said Committees thought defective, a new Bill of the same title was likewise presented.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine, was read tertiâ vice, and sent down to the House of Commons by Dr Carew and Dr Stanhop.
Seven Bills were sent up to the Lords from the House of Commons; of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners, was returned with the allowance of an Amendment which was added by the Lords.
Sir Robert Cecill and other Knights and Burgesses that brought the seven Bills last mentioned, and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars, to which Conference the Lords assented, and the time and place appointed to Morrow in the Afternoon at the Great Council Chamber at the Court at Whitehall, and the same Committees that were formerly appointed on Monday the 16th day of this instant January foregoing, and the Earl of Sussex, the Earl of Shrewsbury, the Earl of Rutland, the Lord Zouch and the Lord Cobham were added unto them.
The Bill Intituled An Act for the enabling of Edmund Mollineux Esq; to sell the Lands, &c. was returned to the House by the Earl of Rutland, the first of the Committees or Arbitrators, with Amendments, which were twice read, and agreed, that the Bill should be engrossed. (Vide touching this matter on Tuesday the 13th day, and on Wednesday the 14th day of December foregoing, as also on Thursday the 26th day of this instant January last past.)
A new meeting was appointed for the Committees upon the Bill Intituled An Act for reformation of certain abuses touching Wine-Casks, (who were appointed on Thursday the 19th day of this instant January foregoing) and the time and place appointed to Morrow Morning in the little Chamber near the Parliament presence.
On Tuesday the 31th day of January, the Committees in the Bill concerning Lessees and Patentees (who had been appointed on Wednesday the 25th day of this instant January foregoing) were this day appointed to meet to Morrow the first day of February following in the Afternoon in the little Chamber near the Parliament presence, and the Judges there required to attend.
The Bill for retailing Broakers and other Pawntakers was read secundâ vice, and was referr'd to the Committees formerly appointed for that Bill (on Saturday the 14th day of this instant January foregoing) with Addition of some Lords, who met presently about the same, and returned the Bill with some Amendments; which being presently twice read, the Bill was commanded to be ingrossed.
The Bill for reformation of certain abuses touching Wine-Casks was returned by the Earl of Nottingham, the second of the Committees, with some Amendments; which were presently twice read, and the Bill commanded to be ingrossed.
Three Bills of no great moment had each of them one reading; of which the last being the Bill concerning Garret de Malynes and John Hunger Merchant Strangers was read primâ vice.
The Bill for establishing a Jointure to Anne Lady Wentworth was returned unto the House with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and the Bill commanded to be ingrossed.
A Motion was made from the House of Commons by Sir John Fortescue and others, that some new time might be appointed for Conference about the Bill Intituled An Act to reform sundry abuses committed by Souldiers, &c. in regard they had appointed some other meeting this Afternoon for preparing of a Bill of Accomptants in readiness to proceed, their Lordships having considered of the Motion, made Answer by the Lord Keeper, That they wished (for some good consideration) that the appointed time, viz. this Afternoon might hold for this Conference, supposing that if it pleased the Committees of the House of Commons to come somewhat the sooner this Afternoon for this purpose, they might well enough perform both the one and the other. Vide diem præcedentem.
Two Bills lastly had each of them one reading; of which the first being the Bill for enabling of Edmund Mollineux Esq; to sell Lands for payment of his Debts and Legacies, was read tertiâ vice, and sent down to the House of Commons by Serjeant Drew and Dr Carew. Vide concerning this matter on Tuesday the 13th day, and on Saturday the 17th day of December foregoing; as also on Thursday the 20th day, and on Monday the 30th day of this instant January last past.