On Tuesday the first day of December, whereas
James Diggs, one of the ordinary Gentlemen of
my Lord's Grace of Canterbury, was committed
to the Fleet upon a Reddit se in the Exchequer,
since the beginning of this present Parliament;
the Lords at the Motion of the Lord Archbishop
of Canterbury, claiming the ancient priviledge of
this High Court, gave Commandment to the
Gentleman Usher, that the said James should be
brought before them.
And this day the said Lords having openly
heard both Sir Roger Manwood then Lord Chief
Baron of the Exchequer, and the same James
Diggs; They Ordered that the said Diggs by
vertue of the priviledge of this Court, should be
enlarged and set at liberty.
And it was further Ordered, that the Warden
of the Fleet should be discharged of the Prisoner
and of the Action that might be brought against
him the said Warden of the same.
Lastly, Touching the Lord Chief Baron, the
said Lords have resolved for such causes and reasons as they have heard, that the said Lord Chief
Baron had not committed any contempt against
this Right Honourable Court.
And further Ordered 13° die Decembris, that
the appearance of the same James Diggs, by rendring himself into the Exchequer, was and
should be a sufficient discharge of his Sureties and
their Bonds, and that the Bonds shall be redelivered.
Provided nevertheless, that for as much as the
said James Diggs was not Arrested in Execution
at the Suit of Richard Howe, but was committed
after Judgment by the Barons of the Exchequer
upon a Reddit se, for discharge of his Sureties.
It is therefore further Ordered by the said Lords,
that touching the sum of money recovered by
the said Howe against the said James Diggs, the
said Howe and James Diggs shall stand to such
Order as the Lord Chief Baron and other of the
Barons of the Exchequer shall set down for the
same. Vide more afterwards concerning this matter upon Monday the 14th, and on Tuesday the
15th day of this instant December following.
On Thursday the third day of December, to
which day the Parliament had been on Tuesday
last continued, the Bill for fit and convenient
places for landing and shipping of Merchandize
was read secunda vice, and then committed to
the Lord Treasurer and others, and to the two
Senior Barons of the Exchequer.
Nota, That here two Judges who are but Assistants unto the Upper House, are made joint
Committees with the Lords.
On Friday the 4th day of December, Two Bills
were sent up to the Lords from the House of
Commons; of which the first being an Act for
the maintenance of Navigation was read prima
vice, and the second touching the Clothiers of
Essex was read prima & secunda vice, and then
On Saturday the 5th day of December, Three
Bills of no great moment had each of them one
reading; of which the second being the Bill for
the Inning of Erith and Plumsted Marsh, was
read secunda vice, and committed unto three
Earls, one Bishop and five Barons: which Committees did appoint to hear amongst themselves
as well the Parties Owners, as Inners touching
the same Bill.
The Bill also concerning the Essex Clothiers
which had been sent up yesterday to the Lords
from the House of Commons, was this day upon
the third reading and conclusion thereof sent
back again thither.
On Monday the 7th day of December, to which
day the Parliament had been last continued, two
Bills had each of them one reading; the first for
maintenance of Navigation, and the second for
increase of Mariners.
Two Bills also were sent up to the Lords from
the House of Commons; the one touching the
Essex Clothiers, the other for the better and
more reverent observing of the Sabbath day.
Nota, That this Bill concerning the Sabbath day
was long in passing the two Houses, being committed, and amendments upon amendments added unto it, as Vide afterwards on Tuesday the
8th day, on Monday the 14th day, and on Saturday the 19th day of this instant December ensuing; as also on Wednesday the third day, and
on Saturday the 6th day of March following. Vide
etiam on Wednesday the 9th day of this instant
Whereas the Lord Viscount Bindon moved
the Lords for the priviledge of the House for
Robert Finnies, alledging that he was his Servant, the Lords gave Commandment to the
Gentleman-Usher to go to the Counter in Woodstreet, where the said Robert Finnies then lay
upon an Execution, and to bring him and the
Parties that Arrested him before them.
And this day the said Lords after the hearing
of the Cause thought it not convenient that the
said Robert Finnies should enjoy the priviledge
of this House, as well because he claimed not
the priviledge when he was first Arrested, nor in
the Counter when he was charged with the Execution; as also for that he was not a menial
Servant, nor yet ordinary Attendant upon the
said Viscount. And further Ordered, that the
Officers of the Sheriffs of London should take
again in Execution the said Finnies and convey
him to the place from whence he came, and that
the bringing of the said Finnies before the said
Lords at their Commandment should not be in
any wise prejudicial to the Sheriffs or their
On Tuesday the 8th day of December, the Bill
for the better and more reverent observing of
the Sabbath day was read prima vice. Vide concerning this Bill on Monday the 7th day of this
instant December foregoing.
On Wednesday the 9th day of December, Five
Bills had each of them one reading; of which
the first being the Bill for the increase of Mariners was read the second time, and thereupon
And the second of the said Bills being for the
better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury, the Lord
Treasurer, the Lord Steward, the Earl of Kent,
the Earl of Darby, the Earl of Sussex, the Earl
of Bedford, Viscount Mountague, the Bishop of
London, the Bishop of Winchester, the Bishop of
Salisbury, the Bishop of Chester, the Lord Chamberlain, the Lord Zouch, the Lord Willoughby,
the Lord Grey, the Lord North, the Lord Norris, the Lord Chief Baron, and Justice Windham.
Nota, That here two Judges being here meer
Assistants of the Upper House were made joint
Committees with the Lords; whereas of later
times they are always Commanded to attend the
Lords Committees, of which also there was another Precedent this Morning.
The Bill to provide remedy against fraudulent means used to defeat Wardships, Liveries
and primier seisin was read secunda vice, and
committed to the Lord Treasurer (being Master
of the Wards) to two Earls, Viscount Mountague,
two Bishops, five Barons, the two Chief Justices,
and the Queens Attorney.
The continuance or Adjournment of the Parliament this day is not at all Entred in the Original Journal-Book, which seemeth to have happened through the Clerks negligence.
On Thursday the 10th day of December, Three
Bills of no great moment had each of them their
first reading; of which the first was concerning
Sir Thomas Lucy Knight, and others.
On Saturday the 12th day of December, to
which day the Parliament had been on Thursday
last continued, Five Bills of no great moment
had each of them one reading; of which the
last being the Bill to provide remedy against
fraudulent Conveyances, and another concerning
certain assurances of Sir Thomas Lucy and others,
were after the third reading sent down unto the
House of Commons.
A Bill lastly being for the assurance of certain
Lands unto George Chewne Esquire, and others
in Fee-simple, was sent up to the Lords from the
House of Commons.
On Monday the 14th day of December, to which
day the Parliament had been on Saturday last
continued, the Bill for the better and more reverent observing of the Sabbath day, with certain
amendments, was read tertiâ vice, and with another Bill of no great moment was sent down to
the House of Commons by two Do(?)tors.
Neta, That though this Bill were upon Wednesday last past, being the 9th day of this instant
December, referred to Committees; yet no mention is made in the Original Journal-Book, when
it was again returned or brought into the House
by the said Committees, by whom it is most probable that these amendments were added unto
it, and for the passing of which the said Bill was
at this time sent down to the House of Commons,
having formerly passed that House, and been
sent up from thence to the Lords (before the
aforesaid new amendments had been added by
them) on Monday last past being the 7th day of
this instant December.
The Bill touching the Lord Dacres and the
Lord Norris was read prima vice.
Memorand. That upon the Petition of the
Lord Norris, the Lords Ordered that he and the
Lord Dacres with their Council should be heard
upon Saturday next to Answer the said Bills.
Memorand. That touching the former Order
Entred primo die Decembris concerning James
Diggs, for that there wanted words for the discharge of the Bond and Sureties of the said
James Diggs; This day the Lords Ordered that
(?) appearance of the said James Diggs by ren(?) himself in the Exchequer, was and should
be a safficient discharge of his Sureties and their
Bonds, and that the Bonds should be redelivered, and that this Order should be added to the
Memorand. That where the said James Diggs
exhibited to the Court a Bill of complaint in form
of supplication against Sir Roger Manwood Knight
Lord Chief Baron, the Lords having heard the
Parties and the Witnesses of Mr Diggs, and deliberately considered the Contents thereof, with
one consent agreed and adjudged, that the said
complaint was untrue and unjustifiable against
the Lord Chief Baron: And further Ordered,
that the said James Diggs by humble submission
and open recognition should consess and acknowledge his fault. And that the Earl of Rutland,
the Bishop of Winchester, the Lord Lumley, the
Lord North, and the Lord St John of Bletsoe,
the Master of the Rolls and Mr Serjeant Gawdy
should peruse and consider the said recognition,
whether it were made in due form, and that
then it should be Entred on Record. Vide touching this matter on Tuesday the first day of this
instant December foregoing.
On Tuesday the 15th day of December four
Bills of no great moment had each of them one
reading, of which the first being the Bill for
confirmation of her Majesties Letters Patents
granted to Queens-Colledge in Oxford was read
Secundâ vice, & commissa ad ingrossandum.
This day James Diggs Gent. did according to
their Lordships Order made yesterday, humbly
submit himself in manner and form following, as
it stands Entred upon Record in the Original
Journal-Book of this Parliament.
The humble Submission of James Diggs unto
the High Court of Parliament, as well for his
contempt unto the said Court, as unto Sir Roger
Manwood Lord Chief Baron, by his untrue and
unadvised Speeches in his Bill of complaint.
Whereas I James Diggs did of late exhibite
a Bill of complaint unto your honourable Lordships in this High Court of Parliament, against
the said Lord Chief Baron, wherein amongst other things is contained as followeth, that is to
say, That the said Lord Chief Baron doth still
continue an obstinate intention to frustrate your
Lordships honourable Order, taken for the discharging of the great Bonds of the said James
Diggs his Sureties, boldly saying, that the same
your Lordships honourable Order should be undone or brought about again, as by the said Bill
of complaint doth appear. And whereas also it
pleased your most honourable Lordships upon
the humble Petition of me the said James Diggs
to call before your honourable Lordships that
Witness which I the said James Diggs did avow
for the proof of the Allegations before rehearsed
in the said Bill of Complaint against the said Lord
Chief Baron, which Witness being heard and examined at large touching the said Allegations,
with the circumstances of the same openly before
your honourable Lordships in this High Court
of Parliament, it hath plainly and evidently appeared that there was no such obstinate intention
in the said Lord Chief Baron, nor that he did
utter the said words or Speeches above-mentioned. Whereupon it hath pleased your honourable Lordships to Order that I the said James Diggs
should before your Lordships openly in this honourable Court of Parliament recognize my fault
for this my untrue and unadvised complaint
Wherefore I the said James Diggs being now
heartily sorry for my said untrue and unadvised
complaint in the Speeches aforesaid exhibited against the Lord Chief Baron, do openly before
your Lordships in this most High Court of Parliament consess and acknowledge my said offence
in my said unadvised and untrue complaint made
against the said Lord Chief Baron. And do here
before your Lordships heartily pray and desire
the said Lord Chief Baron to remit and forget
my said offence in my untrue and unadvised
complaint made against him; and withal do
most humbly beseech all your Lordships to pardon my contempt and offence committed to this
most High Court in exhibiting unto your Lordships of the said unadvised and untrue complaint.
Vide the former proceedings of this case of
James Diggs Gentleman on Tuesday the first day,
and on Monday the 14th day of this instant December foregoing.
Nota also, That there is no continuance or adjournment of the Parliament by the Lord Chancellor in usual form entred in the Original Journal-Book, which seemeth to have happened
through the negligence of the Clerk of the Parment; but it is easie to be conjectured the Lord
Chancellor continued the Parliament unto nine
of the Clock in the forenoon of Wednesday next
On Wednesday the 16th day of December two
Bills of no great moment had each of them one
reading; of which the second being the Bill
against scandalous Libelling was read secundâ
vice, and committed to the Archbishop of Canterbury, the Archbishop of York, the Lord Treasurer
and others, the Master of the Rolls, the two
Chief Justices, the Queens Serjeant and Attorney.
Nota, That here not only the Judges which
are but Assistants to the Lords, but also the
Queens Council, which are but meer Attendants
upon the upper House, are made joynt Committees with the Lords.
On Thursday the 17th day of December the
Bill for restitution in blood of Thomas Howard,
Son of Thomas Howard, late Duke of Norfolk,
was read primâ vice.
And the same Bill was again read secundâ &
tertiâ vice, and by all the Lords concluded and
sent to the House of Commons by two Doctors
being Masters of the Chancery.
Nota, The speedy passing of this Bill by vouchsasing of it three readings at one time each after
other, did express the special desire of the Lords
to pass this Bill with as much honour as lay in
them to do.
Eight other Bills of no great moment had each
of them one reading; of which the second being
the Bill for the paving of Newark upon Trent in
Com. Nott. was read tertiâ vice & conclusa and sent
to the House of Commons.
On Saturday the 19th day of December, to
which day the Parliament had been on Thursday
last continued, four Bills were brought up to the
Lords from the House of Commons; of which
the last was the Bill for the restitution in blood
of the Lord Thomas Howard, which it seemeth
the House of Commons passed with great expedition, having given it one reading yesterday
morning, when they sent it again up to the
Lords, as appeareth by the Original JournalBook of the House of Commons de Anno isto 27°
Reginæ Eliz. pag. 44, & 50.
The Bill also for the paving of Lewes in the
County of Sussex was read primâ vice.
Lectæ sunt the Reasons and Allegations of the
Lord Norris, why the Bill exhibited by the Lord
and Lady Dacres should not be enacted.
Memorandum. This day the Lords, as they
had ordered before, having heard both the
Council of the Lord Dacres and Lord Norris
and Samson Leonard Esquire, upon offer and
agreement of the parties to commit the Cause to
the hearing of four of the Lords and two of the
Judges, the Lords thought it most convenient
that they should be named by the parties themselves. The Lord Dacres and Samson Leonard
named William Lord Burleigh Lord Treasurer,
Robert Earl of Leicester Lord Steward, and Sir
Roger Manwood Knight Lord Chief Baron. The
Lord Norris named the Earl of Kent, the Earl of
Bedford and Sir Gilbert Gerrard Knight Master of
the Rolls. And further Ordered, That the Lords
and Judges should end the matter between the
said parties before the next Session of Parliament if they could; and if they could not, then
to make Report thereof to the whole House.
And further Ordered, That all the parties should
have Letters directed to such Witnesses to appear
before the said Lords as they thought convenient; and that the said Lords should have Authority to examine all parties upon their Oaths,
if occasion so required.
Memorandum, That whereas the Lords received a Bill from the House of Commons, viz. for
the better and more reverent observing of the
Sabbath day, the said Lords having passed the
same with some amendments, sent down the said
Bill to the House of Commons, who sent up the
same with other amendments of theirs; which
because the Lords thought it not to stand with
the Order of the House to pass the same Bill again
with their new amendments, they returned the
said Bill to them again, and signisied the same
unto them by Mr Serjeant Gawdy, &c.
On Monday the 21th day of December, Consedentibus Proceribus Dominus Cancellarius exposuit
Regiam Majestatem satis perpendere Festum solemne Nativitatis Domini in proximo esse, nec posse
ante idem hoc Parliamentum terminari, nec in longum tempus prorogari; propter quas & alias causas
& considerationes idem Cancellarius jussu suæ Majestatis le(?)tis Literis Patentibus magno Sigillo suo
sigillat. hoc Parliamentum in quartum diem Februarii prox' sequentem adjournavit, adhortatusq;
est omnes & singulos ut tunc adsint, facturi quod
decuerit. Earúmq; autem tenor sequitur in hæc
Elizabetha Dei gratiâ Angliæ, Franciæ & Hiberniæ Regina Fidei Defensor, &c. Reverendissimo in Christo Patri Johanni Cantuar' Archiepiscopo, totius Angliæ Primati & Metropolitano, & prædilecto & sideli Consiliario suo Thomæ
Bromley Militi Domino Cancellario Angliæ, ac
etiam Reverendissimo in Christi Patri Edwino Eboracen' Archiepiscopo Angliæ Primati & Metropolitano, necnon prædilecto & sideli Consiliario suo
Wilielmo Domino Burleigh Domino Thesaurario
Angliæ, ac charissimo consanguineo Edwardo Comiti Oxon' magno Camerario Angliæ, ac etiam
charissimis consanguineis & consiliariis suis Edwardo Comiti Lincoln' magno Admirallo suo Angliæ, Georgio Comiti Salop' Comiti Mareschallo
Angliæ, Roberto Comiti Leicester magno Seneschallo Hospitii sui, necnon charissimis consanguineis
suis Philippo Comiti Arundel, Henrico Comiti
Kantiæ, Henrico Comiti Darbiæ, Willielmo Comiti Wigorn', Edwardo Comiti Rutland, Georgio Comiti Cumberland, Henrico Comiti Sussex,
ac charissimis consanguineis & consiliariis suis Ambrosio Comiti Warwici Magistro Ordinationum
suarum, Francisco Comiti Bedford, ac etiam charissimis consanguineis suis Henrico Comiti Pembroke, Edwardo Comiti Hartford, Anthonio
Vicecomiti Mountague, necnon Reverendis in Christo Patribus Johanni Episcopo London, Thomæ
Episcopo Winton', ac prædile(?)tis & fidelibus suis
Carolo Domino Howard Domino Camerario Hospitii sui, Edwardo Domino Zouch, Peregrino
Domino Willoughby, Edwardo Domino Morley,
Willielmo Domino Cobham Domino Gardiano
quinq; Portuum, ac etiam prædilecto & fideli suo
Henrico Domino de Hunsdon Domino Gardiano
Marchiarum Orientalium versus Scotiam, Salutem.
Cùm nuper pro quibusdam arduis & urgentibus
negotiis nos, statum & defensionem Regni nostri
Angliæ & Ecclesiæ Anglicanæ concernentibus, præsens hoc Parliamentum nostrum apud Civitatem
nostram Westmonasterii vicesimo tertio die Novembris ultimo præterito inchoari & teneri ordinaverimus, à quo die idem Parliamentum nostrum tunc
& ibidem tentum & continuatum fuerat usque in
instantem vicesimum primum diem Decembris:
Sciatis tamen quia negotia Parliamenti nostri in
eodem communicata ante Festum Natalis Domini
nunc prox' instantis terminari non possunt, & propter alias causas & considerationes nos specialiter
moventes, prædictum Parliamentum nostrum &
omnes causas & materias inceptas & non adhuc
terminatas adjornand' duximus. De fidelitate
igitur, prudentiâ & circumspe(?)tione vestris plurimùm confidentes, de avisamento & assensu Concilii
nostri assignavimus vos Commissionarios nostros,
dantes vobis & aliquibus sex vel pluribus vestrum
tenore præsentium plenam potestatem & authoritatem hoc instante die Lunæ ad præsens Parliamentum nostrum, ac omnia negotia & materias supradi(?)t' adhuc ut præfertur non terminata, nomine
nostro ad & in quartum diem Februarii jam prox'
futurum usque prædictam Civitatem nostram Westmonasterii adjornand' & continuand' ibidem tunc
tenend' & prosequend'. Et ideo vobis mandamus,
quòd circa præmissa diligenter intendàtis, ac ea in
forma prædicta effectualiter expleatis. Damus antem universis & singulis Archiepiscopis, Marchionibus, Comitibus, Vicecomitibus, Episcopis, Baronibus, Militibus, Civibus & Burgensibus, ac omnibus aliis quorum interest ad dictum Parliamentum
nostrum conventuris, tenore præsentium firmiter in
mandatis, quod vobis in præmissis faciend', agend'
& exequend' pareant, obediant & intendant, prout
decet. In cujus rei testimonium has Literas nostras
fieri fecimus Patentes. Teste meipsa apud Westmonasterium vicesimo primo die Decembris, Anno
Regni nostri vicesimo septimo.
Nota, That by these Letters Patents the Parliament was adjourned forty four days, viz. from
Monday the 21th day of December unto Thursday
the 4th day of February ensuing. From which,
as also from many other like Precedents, it appeareth, that it is and always hath been the power of the Prince not only to summon, dissolve
and prorogue, but also to adjourn his Parliament at his pleasure; yet this must be done either by himself in person or by matter of Record; yet it is also in the power of either House
when they shall think it expedient to adjourn it
The meeting of the two House at the end of
this foresaid Adjournment was in such manner
as it useth to be at the end of a Prorogation
without all Solemnity and Pomp; yet with this
difference: At the end of every Prorogation a
new Session beginneth, though the same Parliament continueth; but at the end of an Adjournment there beginneth neither new Session nor
new Parliament, but (be the Adjournment for
one day or for many) the business is so entred
upon at the next meeting as it was left, and as
it stood at the time of the Adjournment.
Yet because the Adjournment was for so many
days, I have caused all the Names of the Lords
who were present this Thursday following, being
the 4th day of February, to be transcribed out
of the Original Journal-Book; which course,
though it be usually observed in all these Journals at the beginning only of a new Parliament,
or at least of a new Session, yet it is in one respect somewhat necessary at the beginning of
this new meeting after the Adjournment, because the presence of the Lords on this said ensuing Thursday, though it appears not that any
new Proxies were returned, (which is usual after a long Adjournment as well as after a Prorogation) differeth much from that former number
of the Lords noted to have been present on Tuesday the 26th day of November foregoing, as may
appear by this which followeth.