Journal of the House of Lords: November 1601

November 1601

On Thursday the 5th day of November (to which day the Parliament had been last continued on Friday the 30th day of October foregoing) were two Bills read; of which the first being for Assurance of Lands, and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England, were each of them read primâ vice.

On Saturday the 7th day of November, the Bill for Assurance of Lands was read Secundâ 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 Zouch, the Lord Cobham, the Lord Grey, the Lord Rich, the Lord Howard of Walden; and the Lord Chief Justice of of her Majesties Bench, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron and Mr Attorney General were appointed to attend their Lordships.

The Bill to restrain the excessive use of Coaches within this Realm of England was read secundâ vice, and rejected.

Hereupon Motion was made by the Lord Keeper, that forasmuch as the said Bill did in some sort concern the maintenance of Horses within this Realm, consideration might be had of the Statutes heretofore made and Ordained touching the breed and maintenance of Horses; And that Mr Attorney General should peruse and consider of the said Statutes, and of some fit Bill to be drawn and prefer'd to the House touching the same, and concerning the use of Coaches; And that he should acquaint therewith the Committees appointed for the Bill before-mentioned for Assurance of Lands. Which Motion was approved by the House.

The Bill for the preservation of Pheasants and Partridges was read primâ vice.

On Tuesday the 10^th day of November, Two Bills had each of them one reading; of which the second being the Bill for preservation of Pheasants and Partridges, was read secundâ vice, and committed unto the 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 Pembrook and divers others to attend the Lords, (Vide concerning this attendance of the Judges upon the Lords Committees, on Thursday the 3^d day of this instant November foregoing) who were appointed to meet at the Little Chamber near the Parliament presence; and the Bill was delivered to the Archbishop of Canterbury.

On Thursday the 12^th day of November (to which day the Parliament had been last continued on Tuesday foregoing) The Bill concerning Musters, Souldiers and other things appertaining thereunto, was read secundâ vice, and committed unto the Archbishop of Canterbury, the Lord Treasurer and divers other Lords both Spiritual and Temporal; And the Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, M^r Justice Walmesley, Mr Justice Warberton, M^r Serjeant Yelverton and Mr Attorney General were appointed to attend the Lords.

Two Bills were brought up to the Lords from the House of Commons by Sir William Knolles and Mr Secretary Herbert; of which the first being the Bill against fraudulent Administration of Intestates goods was read primâ vice.

The Bill for Assurance of Lands was this day returned to the House with certain Amendments by the Lord Archbishop of Canterbury, the first of the Committees; which Amendments were presently twice read, and thereupon the Bill was appointed to be ingrossed.

Memorandum, That upon the reading of the said Amendments the Lord Bishop of London, one of the Committees, did offer to speak unto the Bill, or unto the said Amendments. Whereupon a doubt was moved by the Earl of Nottingham Lord Steward, whether it were agreeable to the good Order and Antient Custom of the House, that the said Lord Bishop being one of the Committees, and dissenting from the rest in some matter either of the Bill or of the Amendments, might speak thereunto upon the bringing in and presenting of the Amendments, or no. Which doubt being upon this occasion propounded in generality to the House by the Lord Keeper and put to the question, It was adjudged and resolved by the major part, That any Committee might speak in like case either to the body of the Bill or to the Amendments upon the bringing in of the same, before it be ingrossed. Upon which resolution Order was given to the Clerk of the Parliament, that a remembrance or observation thereof should be Entred in the Journal-Book, for the resolving and clearing of the like doubt if it should happen hereafter. And thereupon after the reading of the Amendments the said Lord Bishop of London proceeded to his Speech, and the Bill was appointed to be ingrossed as aforesaid. Vide in the Parliament de an. 39 Regin. Eliz. on Tuesday the 24th day of January.

Memorandum. Report was made unto the House by the Lord Zouch of one William Hogan an Ordinary Servant of the Queens Majesty, Arrested and Imprisoned upon an Execution by one John Tolkerne, since the beginning of the Parliament. And a Motion was likewise made by his Lordship to know the Judgment and resolution of the House in this point, whether any Ordinary Servant of her Majesty (though he be none of the Parliament) be not priviledged and protected from Arrest during the time of the Parliament by vertue of his said Service to her Majesty, in like sort as the Servants of the Lords of the Parliament attending the said Lords their Masters are priviledged and freed for that time from any Arrests of their Persons: And withal, being Arrested upon Execution, whether in this Case he may by good Order of this House be discharged. Which Motion and doubt the Lord Zouch professed that he did the rather propound, because (though there were divers Examples of former times touching the Servants of the Lords of the Parliament) the like to this concerning one of the Queens Servants had not been (so far as was remembred) brought in question heretofore. And therefore it pleased the Lords to take knowledge of this Motion, and to give Order that Tolkerne should be sent for, at whose Suit the Arrest was made; And withal, that such Precedents as the Clerk of the Parliament could shew, should be looked out and made known to the House. Vide plus concerning this matter on Monday the 23th day of this instant November following.

On Saturday the 14th day of November, (to which day the Parliament had been last continued on Thursday foregoing, by occasion of sending for the aforesaid Tolkerne) request was made by Mr Conisbie Gentleman Usher to the House, and signified by the Mouth of the Earl of Nottingham Lord Steward, That for as much as the bringing of any person before the Lords (upon breach of the Priviledge of the House) did appertain (as the said Mr Conisbie supposed and alledged) to his place, though in the last Parliament (by some mistaking as he thought) the Serjeant at Arms was imployed therein; That therefore their Lordships would be pleased to confirm and settle such Order, as he might at this time and from henceforth have the Right of his place in that behalf. Whose request being considered of 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 Zouch and the Lord Cobham should at their next meeting upon any other occasion take notice of such Precedents 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. Vide concerning this business on Tuesday the first day of Decemeber next following.

The meeting of the Committees about the Bill concerning Musters, Souldiers, &c. (who were nominated on Thursday the 12th day of this instant November foregoing, and appointed to meet this Afternoon) was upon Motion to the House, by some of the Committees, deserr'd until Monday next being the 16^th day of this instant November by eight of the Clock in the Morning.

A Motion was made by the Lord Keeper, that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament, and have not sent their Proxies, to admonish them thereof.

Five Bills had each of them one reading; of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read Secundâ vice, and committed to the Lord Treasurer, the Earl of Worcester, the Earl of Hartford, the Earl of Lincoln, the Bishop of Winchester, the Bishop of Lincoln, the Bishop of Bath and Wells, the Bishop of Chester, the Bishop of Exeter, the Bishop of Ely, the Lord Zouch, the Lord Cobham, the Lord Rich, the Lord Sheffield, the Lord Chandois, the Lord St John of Bletsoe and the Lord Compton; and the Lord Chief Justice of England, Mr Justice Gawdy, Mr Baron Savile and Mr Serjeant Yelverton were appointed to attend their Lordships.

The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judgment in Debt was read Secundâ vice, and committed unto the Lord Treasurer, the Earl of Worcester, the Earl of Pembrook, the Bishop of Rochester, the Bishop of Worcester, the Bishop of St Asaph, the Lord Cobham, the Lord Chandois, the Lord St John of Bletsoe; and Mr Justice Gawdy, Mr Baron Savile and Mr Serjeant Yelverton were appointed to attend their Lordships.

The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Majesties Ordinary servant, at the suit of John Tolkerne. Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Persons priviledged by Parliament, having received directions from the Lords for that purpose as is before Recorded; of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned, and no more.

1. Anno 27. Reginæ Eliz. die Martis, primo die Decembris, of James Diggs servant to my Lords Grace of Canterbury.

2. Anno 27. Reginæ Eliz. die Lnnæ 7. Die Decembris, of Robert Finneis servant to the Lord Viscount Binden.

3. Item,. in the last Parliament of 39 Eliz. 26. die Novembris, of Edward Barston servant to the Lord Chandois; and 8. die Decembris of John York the Lord Arch-Bishops servant.

4. Item Anno 14. Reginæ die ultimo Junii, It appeareth that the Lord Cromwel made complaint unto the Parliament of an Attachment served upon his Person; and that his Lordship was by Order of the Parliament discharged of the Attachment: but whether this Attachment was served in the time of the Parliament, it doth not certainly appear.

Which said Precedents being accordingly presented to the Lord Keeper, the same were presently read, together with certain Observations out of a Book written by Richard Crompton Esquire, Intituled the Authority and Jurisdiction of the Queens Courts, concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign.

This being done, albeit fundry Motions were thereupon made by divers of the Lords for a present proceeding in this matter, nevertheless because the said Tolkerne having been formerly sent for, could not yet be found, and also in respect there was less appearance of the Lords this day than at other times, and this matter concerning the priviledge of the House, was of great importance, and therefore required a more full Assembly, Stay was made of any further proceeding until Thursday next being the 19th day of this instant November: And in the mean time it was Ordered, that Tolkerne should again be sent for, to appear before the Lords in the House that day by nine of the Clock in the Morning. Vide concerning this matter on Monday the 23th day of this Instant November following.

On Monday the 16th day of November (to which day the Parliament had been last continued on Saturday foregoing,) the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secundâ vice.

Motion was made by the Lord Sheffield upon reading of this Bill, that Thomas Crompton, Son of Thomas Crompton Esquire deceased, with Henry Best, Francis Jackson and others whom it may concern, should be heard in the House, whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton. Which Motion was well approved by the House; and Ordered, that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning, and to bring them such persons as are interested in the Conveyance of those Lands. Vide December 7th Monday Postea.

Memorandum, That the Committees upon the Bill for Musters and Souldiers (who were appointed to meet this Afternoon on Thursday the 12th day of this instant November foregoing) have upon a Motion to the House appointed another meeting about the same, upon Thursday Morning ing next, being the 19th day of this instant November before the House sit.

Three Bills of no great moment had each of them one reading; of which the last being the Bill for establishing of the Remainder of certain Lands of Andrew Kettlebie Esq; upon Francis Kettlebie, was read the first time.

Upon reading whereof it was Ordered by the Lords, that Andrew Kettlebie Esq; and Jane his Wife (whom the Bill concerneth) should be heard in the House, either by themselves or by any other person or persons sufficiently deputed and appointed by them in that behalf, what they could answer and alledge concerning the same. And the Gentleman-Usher was appointed to give them present notice of this Order.

A Motion was made again by some of the Lords touching William Hogan Prisoner in the Fleet, that he might be sent for out of the said Prison and brought into the House before the Lords, to the end he might make relation of his Cause, that thereupon such Order might be speedily taken with him as should by the Court be found meet and agreeable to the priviledge of the said Court. Upon which Motion it was debated by what course the said Hogan should be brought out of the Fleet, being then in Execution, whether by Warrant to be directed from the Lords to the Lord Keeper, requiring him to grant forth a Writ in her Majesties name for the bringing of the said Hogan from thence, or by immediate direction and order from the House to the Gentleman-Usher or Serjeant at Arms, without any such Writ. Which being put to the question by the Lord Keeper, it was resolved and Ordered by the general consent of the House, that it should be done by immediate direction and Order from the House without any such Writ as aforesaid. And accordingly Ordered, that the said William Hogan should be sent for and brought before the Lords by the Gentleman-Usher into the said House of Parliament upon Thursday next being the 19th day of this instant November, by nine of the Clock in the Morning. Vide touching this business on Monday the 23th day of this instant November ensuing.

Dominus Custos Magni Sigilli continuavit præsens Parliamentum usq; in diem Jovis, viz. 19 diem Novembris.

On Thursday the 19th day of November, the Bill for Breed and encrease of Horses of Service within the Realm, was read primâ vice.

Two Bills were brought up to the Lords from the House of Commons; of which the second was to avoid and prevent divers misdemeanors in lewd and idle persons; And the third was for confirmation of Grants made to the Queens Majesty, and of Letters Patents made by her Highness to others. Touching which Bill see at large on Thursday the 17th day of December following.

The Lord Mordant not able to attend for want of Health certified by the Lord Compton.

This day William Hogan was brought from the Fleet into the House before the Lords, who having made (as he was required to do) relation of his Arrest, and of the time, and parties that Arrested him, declaring that he was Arrested by the Under-Sheriff of the County of Surrey and others assisting him, upon Saturday before the beginning of the Parliament (which began on the Tuesday following) and that it was known to the said Under-Sheriff that he was her Majesties Ordinary Servant, and moreover that he though Tolkerne was not privy to his Arrest at that time contrary to the priviledge of that Court; Upon the offer and Petition of the said William Hogan himself to pay the principal Debt of fifty Pounds, it was Resolved and Ordered by the Lords, that the said William Hogan should enter into sufficient to abide the Order and Judgment of the Earl of Cumberland, the Lord Bishop of London and the Lord Zouch, for such satisfaction to be made of the debt of fifty pounds, & any costs and charges, as by the said Lords should be thought fit, (the Bond to be taken to the said Lords) and thereupon be discharged out of Prison and out of Execution: And likewise that the Warden of the Fleet should be free from any trouble, damage or molestation for discharge of the said William Hogan. 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 being the 21^th day of this instant November by nine of the Clock in the Morning. Vide concerning this matter on Monday the 23th day of this instant November ensuing.

On Saturday the 21^th day of November, to which day the Parliament had been last continued or Thursday foregoing, Three Bills had each of them one reading; of which the last being the Bill for Assurance of Lands was read tertiâ vice.

Upon the reading of which said Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers others of the Lords, insomuch that the House was divided in opinion 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 be rather reformed than by the question to put it to the hazard of being rejected. By which occasion it was thought meet, first to propound another question, viz. whether the said Bill having been referr'd to Committees at the second reading, and been by them returned with some Amendments, and thereupon appointed to be engrossed, may now after the engrossing 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, 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 ususal rule of Law (whereof the Lord Keeper made mention) that where the numbers of the affirmative and negative are equal, semper præsumitur 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.

A Motion was made by the Lord Keeper and approved by the Lords, that the antient course of the House may be observed hereafter, in certifying the excuses of such Lords as should be absent from the House upon reasonable occasion, which ought to be done by one of their 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 that they could take no exceptions at it. Vide Dec. 7th Monday postea.

Hodie introductum est breve Francisci Domini Norris qui præsenti Parliamento interesse summonebatur, & admissus est ad præheminentiæ sedendi in Parliamento locum, salvo jure alieno.

On Monday the 23th day of November, to which day the Parliament had been last continued on Saturday foregoing, the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read tertiâ vice, and sent down to the House of Commons by Mr Doctor Stanhop and Mr Hone.

The Bill to avoid and prevent divers misdemeanors in lewd and idle persons was read secundâ vice.

Nota, That there is no mention at all in the Original Journal-Book of the referring of this Bill unto Committees upon the second reading thereof, nor yet that it was Ordered to be ingrossed: By which it may seem, that either the omission of it did happen by the negligence of Thomas Smith Esquire now Clerk of the Upper House, who did forget to set down the referring of it to Committees (if it were at all committed) or else that it being not committed, was engrossed of Course. And it is the rather probable, that this happened not by any omission of the said Clerk, in respect that divers other Bills at this Parliament are set down in the Original Journal-Book of the said Upper House to have been read the second time without any further mention either of the Commitment or ingrossing, as on Wednesday the 2d day, Friday the 4th day, Wednesday the 9th day, Saturday the 12th day, Monday the 14^th day, and on Wednesday the 16^th day of December next ensuing.

The Bill for Confirmation of Grants made to the Queen and of Letters Patents made by her Highness to others, was read secundâ vice and committed unto the Lord Archbishop of Canterbury and others (who were appointed to meet at the great Council Chamber) And the Bill was delivered to the said Lord Archbishop of Canterbury the first of the Committees.

The Bill for encrease and breed of Horses of service within this Realm was read Secundâ vice, and committed unto the Earl of Nottingham Lord Steward, and others; And the Bill was delivered unto him being the first of the Committees. Vide November 26th Thursday.

The meeting of the Committees upon the Bills concerning the suppressing of the multitude of Alehouses, and for the avoiding of unnecessary delays of Executions upon Judgments in Debt (who were appointed on Saturday the 14^th day of this instant November foregoing) was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little Chamber near 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 of the County of Surry 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. Vide concerning this matter on Thursday the 12^th day, Saturday the 14^th day, Monday the 16th day, and on Thursday the 19th day of this instant November foregoing; as also on Thursday the 26th day of the same Month following.

On Tuesday the 24th day of November, Three Bills of no great moment had each of them one reading; of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Kettlebie was read Secundâ vice, and committed unto the Earl of Worcester, the Lord Cobham, the Lord Chandois and the Lord Howard of Walden; And the Bill was delivered unto the said Lord Howard, who with the rest was appointed to meet on Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence.

This day the Wife of Andrew Kettlebie made her appearance in the House in the behalf of her Husband and her Self, excusing his not coming by reason of his great Age and Infirmities; And withal prayed that their Councel Learned might be heard. Whereupon it was Ordered, that both their Councel and the Councel of Francis Kettlebie should be heard in the House upon Thursday next being the 26th of this instant November, in the Morning.

On Thursday the 26th day of November, to which day the Parliament had been last continued on Thursday foregoing, one Bill being for the more peaceable Government of the parts of Cumberland, Northumberland, Westmerland and the Bishoprick of Durham was read the second time and committed: But in respect that the manner of committing Bills during all this Parliament was the same, and that the Judges and her Majesties Learned Councel were always appointed to attend the Lords Committees and never made Joint-Committees with them, as is at large observed in the next precedent Parliament, therefore the names of the said Committees are for the most part omitted.

It was Ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey, that the should be enlarged and set at liberty out of the Prison of the Fleet, whither he was lately committed for Arresting William Hogan her Majesties Servant. Vide concerning this matter on Monday the 23^th day of this instant November foregoing.

The Councel of Andrew Kettlebie Esq; and Francis Kettlebie were heard in the House; And thereupon the Committees of the said Bill were appointed to meet upon Saturday next by two of the Clock in the Afternoon at the Chamber of Parliament Presence; And the Lord Archbishop of Canterbury, the Lord Grey and the Lord Windsor were added unto the said Committees; And the Lord Chief Justice of the Common Pleas to attend with the others formerly appointed: And the Bill was delivered to the Lord Howard of Walden.

Nota, That here the Bill was delivered to the Lord Howard of Walden being the puisne Baron of the Committees; and on Monday the 23th day of this instant November foregoing, two several Bills being committed, the one of them was delivered to the Archbishop of Canterbury, and the other to the Earl of Nottingham, who were each of them the first or chief of either of the said Committees: By which it is plain, that as well in the Upper House as in the House of Commons, after any Bill is committed upon the second reading, it may be delivered indifferently to any of the said Committees. Vide also concerning this matter on Tuesday Dec. 8th ensuing. And so the Parliament continued until Tuesday the first day of December. On which day two Bills had each of them one reading; of which the second being the Bill for confirmation of all Leases made and to be made according to the true intent of the last Will and Testament of George Lord Cobham Deceased, was read primâ vice.

Six Bills were brought up to the Lords from the House of Commons by Sir William Knolles, Mr Secretary Herbert and others; of which the fifth was the Bill for the enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight, his Son and Heir Apparent, to dispose of certain Copyhold Lands parcel of the Mannor of Rotherfield in the County of Sussex, and of the Mannor of Ailesby and Felding in the County of Warwick.

And the sixth being the Bill to avoid trifling and frivolous Suits of Law in her Majesties Courts of Westminster, was read primâ vice.

Whereas the Lords Spiritual and Temporal of the Higher Court of Parliament were this day informed that one William Vaughan Servant to the Earl of Shrewsbury was of late Arrested, contrary to the priviledge of the said Court, by the procurement of one William Crayford of Mongcham in Kent, and committed to the Prison of Newgate, where he yet remaineth; It was therefore Ordered by the said Court, that a Serjeant at Arms shall be sent to the Keeper of that Prison, and require him in their Lordships names to bring the said William Vaughan before the Lords in his Company into the Upper House of Parliament to Morrow being the second day of this Instant December by nine of the Clock in the Morning; and that the said Serjeant at Arms shall also bring before the Lords at the time and place prefixed the said William Crayford, together with such other Persons as did either Arrest or assist the Arresting of the said William Vaughan. Vide on Saturday the 19th day of the Month following.

Memorandum that the Serjeant at Arms was this day sent for the parties above mentioned in like fort as the Gentleman-Usher had been formerly sent for others: And forasmuch as the Committees that were appointed on Saturday the 14th day of November foregoing to decide the question between them in that behalf, had not yet performed the same, It was therefore Commanded by the House that a remembrance should be made that the sending for any parties before the Lords at this time or heretofore by the Gentleman-Usher or Serjeant at Arms, should not be prejudicial to either of their rights, until the said Committees should have convenient time to consider of and decide this question betwixt them. Vide November the 14th Saturday foregoing.

Upon a Motion made to the House by the Lord Treasurer, it was agreed, that the Committees in the two several Bills, the one concerning Musters and Souldiers (who were appointed on Thursday the 12th day of November foregoing) and the other for confirmation of Letters Patents (who were appointed on Monday the twenty third day of November foregoing) should joyn in one Committee for both Bills.

Nota, That although it be ordinary for a Committee upon some new occasion to be encreased in the number, or for divers Bills to be referred to one and the same Committee; yet I conceive this Precedent here immediately foregoing to be very rare and exotick, in respect that two several Committees appointed at several times in two several Bills, are united together and made as one Committee to both the said Bills.