THE JOURNAL OF THE House of COMMONS.
An Exact and perfect Journal of the Passages of the House of Commons, in the Parliament holden at Westminster, Anno 31 Reginæ
Eliz. Anno Domini 1588. which began there (after one Prorogation of the same) on Tuesday the 4th Day of February, and then and
there continued until the Dissolution thereof on Saturday the 29th Day
of March, Anno Domini 1589.
This Parliament was Summoned
about three Months after Gods miraculous preservation of Religion,
the Realm and her Majesties Person, from the ambitious and bloody Conquest of the Spanish King: and therefore the House did not only regard their private
business, as the passing of Bills, discussing Elections, preserving their Priviledges and the like,
with which this Journal is abundantly stored;
but also the publick safety of her Majesty and
her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths
and Tenths and two entire Subsidies, the Clergy
also adding two Subsidies of their own, and by
desiring her also in the conclusion of this Parliament to denounce open War against the King
of Spain, who had so lately invaded her, whom
they concluded to have been the Root and
Fountain of all the Conspiracies practised, and
of all the Rebellions raised against her Majesty.
Although this Parliament had been summoned
to have begun and to have been holden on Tuesday the 12th day of November last past; yet it
held not, but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the
4th day of February in the thirty first year of
the same.
On which said Tuesday the 4th day of February
it held accordingly, and her Majesty came in Person unto the Upper House, where Sir Christopher
Hatton, being now Lord Chancellor, in her
Highness presence declared unto the Lords Spiritual and Temporal, and to the Knights, Citizens
and Burgesses of the House of Commons then
and there Assembled, how great happiness they enjoyed under her Majesties peaceful and victorious
Reign; and that though the Spanish late Wonderful Fleet had been lately defeated, yet there
wanted not still power and malice in him against
this Nation and her Majesty: and so much the
more implacable it may be conjectured he now
remains, because of his late defeature and loss
before-mentioned. And therefore he shewed,
that the cause of the calling of this Parliament
was to provide by common Counsel against all
his future attempts. And lastly he gave notice to
those of the House of Commons to make present
choice of some one amongst them to be their
Speaker. Whereupon the Knights, Citizens and
Burgesses of the said House departing thither, did
chuse George Snagg Serjeant at Law for their said
Prolocutor; who having modestly disabled himself, was notwithstanding allowed by the House,
and thereupon placed by two of the most eminent Personages thereof in the Chair.
Concerning the former Prorogation or this
latter days Passages upon the Parliament began,
there is not any one word in the Original Journal-Book of the House of Commons, which (as it
seemeth) happened through the great negligence
of Mr Fulk Onslow at this time Clerk of the said
House: For in the first page of the same Journal
in the upper part thereof, it is thus written, viz.
Martis 4to Februarii, Anno Reginæ Eliz. 31°
1588. and after it the whole leaf is left a blank,
with intention doubtless at first that the manner
of the beginning of this Parliament on the said
day, together with the choice of the foresaid
Speaker, should have been inserted at large.
It should seem also that according to her Majesties continuance of the Parliament on the
foresaid Tuesday the 4th day of February unto
two of the Clock in the Afternoon of the Thursday following being the 6th day of the same
Month, the House of Commons sate not this present Wednesday, being the 5th day thereof; and
the rather, because their Speaker was not yet
presented: which is gathered, as the Passages also of the two former days are transcribed, out of
the Original Journal-Book of the Upper House;
that so by that means this present Journal might
remain perfect.
On Thursday the 6th day of February the
Knights, Citizens and Burgesses of the House of
Commons having notice about two of the Clock
in the Afternoon, that her Majesty and the Lords
Spiritual and Temporal were already come unto,
and had taken their several places in the Upper
House, expecting their attendance, they repaired
thither with George Snagg Serjeant at Law their
Speaker or Prolocutor Elect, and presented him
unto her Majesty; who notwithstanding his
humble disablings and excuses of himself, did by
the Mouth of the Lord Chancellor signifie her
allowance of him: and afterwards also did in
like manner Answer to his Petitions of course
made in the name of the House of Commons for
freedom of Access, liberty of Speech, and freedom from Arrests and Suits; and lastly in his own
name for Pardon for himself; That the said
House of Commons and himself should enjoy
and use all such Priviledges and Freedoms as had
in the like case been enjoyed by any others in
the times of her Majesties most Noble Progenitors. Whereupon the said Knights, Citizens and
Burgesses, with their Speaker, departed to their
own House.
Nota, That there is no mention made of the
manner of the Presentment of the Speaker before mentioned in the Original Journal-Book of
the House of Commons, but only in the upper
part of the second leaf thereof is written in one
line, Mr Serjeant Snagg Mr Speaker presented, and
immediately under it in another line do follow
these words, viz. Jovis 6° die Februarii 1588.
and after it the whole page is left a blank, except a few lines in the bottom of it, which contain the Bill usually read after the Knights, Citizens and Burgesses of the said House of Commons return to their own House with their Speaker newly admitted upon their Presentment of
him. Which said blank page was doubtless left
(as those others before mentioned) to the intent
and end at the first to have inserted therein the
whole form and manner of the said Presentment and Admission.
The foresaid Bill, finally, read at this time upon the return of the Speaker and the rest from
the Upper House, is Entred in the said JournalBook in manner and form following, viz.
And then was read a Bill for reformation of
deceitful practices used in reversal of Fines at the
Common Law, the first reading.
On Friday the 7th day of February, upon a
Motion made unto this House (which had likewise been made yesterday touching matters of
the priviledge of this House, it is Ordered that
Mr Comptroller, Sir William Moor, Mr Lieutenant of the Tower, Sir George Barnes, Mr Recorder of London, Mr Robert Wroth, Mr Thomas
Cromwell, Mr Morrice, Mr Humsry Conisbie and
Mr Francis Alford and every of them shall examine such matters of priviledge as shall happen
in this present Session of Parliament to come in
question, and to make reports thereof unto this
House, for the further order and resolution of
this House and every of the same cases, as shall
appertain.
The Bill touching Informers and Informations
upon penal Statutes was read the first time.
Upon report this day made by John Butler
Esquire one of the Burgesses for the Borough of
Malden in the County of Essex, that William
Vernon Gentleman also returned the other Burgess for the same, is sick, and not able to give
his attendance in the service of this House, and
likewise willing and desirous that another be chosen to serve in his place; It is Ordered that a
Warrant from this House be made unto the Clerk
of the Crown for sending forth a new Writ for
chusing another Burgess in the lieu and stead of
the said William Vernon.
Upon the like Motion also by Hugh Hare Gentleman, one of the Burgesses for the Borough of
Halesmeer in the County of Surrie, made on the
behalf of Nicholas Hare Esquire, returned one of
the Burgesses for the Borough of Horsham in the
County of Sussex; It is Ordered that a like Warrant be made for the returning of another Burgess for the said Borough of Horsham, in the lieu
and stead of the said Nicholas Hare.
This day the House was called, and all those
that did then sit in the House and were present at
the calling of the same, did thereupon severally
Answer to their names, and departed out of the
House as they were called.
Amongst whom one Master Gerrard Esquire
being returned into this House one of the Knights
for the County of Lancaster, and also for the
County of Stafford, made his choice to appear
and stand for the said County of Stafford; and
thereupon it was Ordered that a Warrant of this
House should be directed to the Clerk of the
Crown for her Majesties Writ to chuse a new
Knight for the said County of Lancaster in the
lieu and stead of the said Mr Gerrard.
On Saturday the 8th day of February the Bill
to avoid the abuses grown by forestalling, Ingrossing and Regrating was read the first time.
Upon a motion this day made by Sir Edward
Hobby touching the sundry abuses of returning
the Knights and Burgesses into this House this
present Session of Parliament, as in some not returned at all, some others returned erroneously,
and for some places for which none hath been returned heretofore, and some returned superfluously, as two for one place and one for two
places, and other corrupt courses in sundry of
the Returns, to the great prejudice both of the
liberties and also of the service of this House;
It is ordered that it be committed unto Sir William Moore, Sir Edward Hobby, Mr Edward
Dyer, Mr Cromwell, Mr Recorder of London,
Mr Alford, Mr Francis Hastings, Sir Edward Dymock, Mr Robert Markham, Mr Lieutenant of
the Tower, Mr Rowland Watson Clerk of the
Crown, and that he do attend as well with the
Returns of the Sheriffs as with his own Book of
the same Returns certified by him into this
House, and to meet in the Exchequer Chamber
upon Monday next at three of the Clock in the
Afternoon.
And upon a further motion made by Mr Humphrey Conisby for due consideration to be had that
the Members of this House may give their better
attendance in this House hereafter than hath been
of late accustomed, This matter is also referred
to the said former Committees, and the said Mr
Conisby added unto them.
The Bill touching Informers and Informations
upon Penal Statutes was read the second time,
and committed unto all the Privy Council of this
House, Mr Recorder, Sir William Moore, Mr
Grafton and others who were appointed to meet
in the Exchequer Chamber upon Tuesday next at
two of the Clock in the Afternoon.
On Monday the 10th day of February the
Bill touching the benefit of Clergy in some cases
of Offenders, was upon the second reading committed unto Mr Cromwell, Mr Secretary Wolley
and others, who were appointed to meet in the
Star-Chamber upon Wednesday next at two of
the Clock in the Afternoon.
Upon a motion this day made by Mr Treasurer, that Mr Robert Knowles Esquire being
returned into this House both Knight for the
County of Brecknock and also one of the Burgesses for the Town of Reading, and hath made
his choice to appear as Knight of the said County of Brecknock; It is ordered that a Warrant
from this House be directed to the Clerk of the
Crown for another Writ to choose another
Burgess for the said Town of Reading, in the
lieu and stead of the said Robert Knowles.
Upon motions also made for some Burgesses
returned into this Session and which are sick and
desirous to have others to serve in their places
to be returned upon new Writs, partly by Certificate of the same parties under their hands, and
partly by report of some of the Members of this
House; It is ordered after sundry arguments,
that this Case be considered of by the foresaid
Committees this Afternoon (whose names see before on Friday the 7th day of this instant February) and Sir Francis Godolphin, Sir Henry
Cobham, Mr Francis Bacon, Mr Francis Moore and
Mr Fane are now added unto them.
A Bill that Lands Intailed and Copy-hold
Lands may be liable to the payment of debts
was read the first time, and after sundry Arguments rejected upon the question.
On Tuesday the 11th day of February a Bill
touching the pursuit of Hue and Cry was read
the first time.
Mr Treasurer in the name of himself and of the
residue of the Committees (whose names see before
on Friday the 7th day of this instant February) for
examination of the Returns and attendance of the
Members of this House, doth shew, that they met
yesterday in the Afternoon, and having conferred
together about those matters, were of opinion that
this House is to take notice of all Returns only in
such sort as the same shall be certified unto this
House by the Clerk of the Crown in the Chancery
and not otherwise, without any intermedling at
all with any business of the Sheriffs or of any others
in making the Election of any such Member to be
Knight, Citizen, Burgess or Baron; but yet that
this House hath nevertheless authority in cases
where no Return is made at all, to direct their
Warrant under the hand of Mr Speaker unto
the said Clerk of the Crown Office for her Majesties Writ to go forth for chusing and returning any Knight, Citizen, Burgess or Baron into
this House in every such Case where any such
shall not before happen to be returned at all.
And further, that upon Conference they do find,
that no new Knight, Citizen, Burgess or Baron
hath been chosen in the place of another being
sick, unless the sickness be irrecoverable in all
likelihood, as Frensy or such like. And moreover where in the Return of the Burgesses for the
Borough of Appleby in the County of Westmerland it appeareth, that in the Indenture returned being razed in the sentence of Election, Laurence Lister and Thomas Musgrave are named Burgesses, and in the sentence for giving them authority being likewise razed, Robert Warcop and
Anthony Felton are named with the former hand,
they do think it convenient upon the insufficiency and uncertainty thereof that a new Writ
be granted for chusing of new Burgesses for the
said Borough, and the said former Return not
yet received of Record to be utterly disallowed.
Which opinion of the said Committees in every
behalf was well liked of by this House. And
that as concerning better attendance to be given
hereafter by the Members of this House for the
service of the same House, they think it meet
to be redressed by way of Fines or Amerciaments
to be inflicted upon such the Members of this
House as upon the calling of the House or otherwise shall be found to make such default, or to
be much or long absent from the service of this
House without Licence or some reasonable cause
to be shewed for the same. Which course was
also well liked and allowed of by this said
House.
And after this report made by Mr. Treasurer,
Mr Speaker putting the House in remembrance
of some persons already in this present Session allowed by this House to be returned into the place
of some others sick, and the Warrants already
gone out for the same being repugnant directly
to one part of the said report now allowed and
liked of by this House, doth desire to know the
further resolution of this House touching those
persons so now to be newly returned upon the
said Warrants. And after some Speeches thereof
had not throughly digested, Mr. Chancellor of
the Exchequer stood up, and offering to speak
of some great matter (but yet without prejudice
to the due consideration of the things then in
disputation) as very necessary, but yet to be referred to another time, putteth the House in
mind of the prosperous and quiet state of this
Realm under her Majesties most happy and Blessed Government by the space now of thirty
years.
But what should here follow is very negligently omitted, especially there being almost
three entire blank pages left for the inserting of
it: but it may probably be conjectured that the
chief end and scope of his Speech was, as to set
forth the Excellency and Justice of her Majesties
Government, so also to demonstrate the great
Malice and Cruelty of the King of Spain, backed
and assisted by so many Potent Allies; and that
therefore it would be most necessary that some
timely consultation be had for speedy preparation to be made, whereby to resist all his future
attempts. And that lastly he did thereupon move
the House to think of some supply to be given to
her Majesty both in respect of her late great
Charges, and also for the better enabling her to
provide for the future safety of her Highness
Dominions. And that the latter part of the
foresaid Speech of Sir Walter Mildmay Chancellor of the Exchequer was touching some Aid to
be given to her Majesty, it is most probable, in
respect that the next business which is set down
to have followed at the end of his said Speech, is
the appointing of these Committees following,
to consider of a Bill of Subsidy to be framed for
her Majesties Aid, viz. All the Privy Council being of the House, the first Knight returned for
every Shire, and in the absence of the first the
second, Mr Cromwell, Sir Edward Dyer, Mr Morrice, Mr Beal, Mr Ancon, Mr. Recorder of London, Mr. Skinner, Mr. Doctor Lewin, Mr. William James, Mr. Fairfax, Mr. Thomas Liefield,
Mr. Arthur Throckmorton, Mr. Fleming, Mr. Thomas Hamman, Mr. Robinson, Mr. Michaell Sands,
Mr. Rugg, Mr. Tasborough, Mr. George Moor,
Mr. Richard Brown, Mr. York, Mr. Walter Jones,
Mr. Cope, Mr. Alford, Mr. Grimston, Mr. Finns,
Mr. Bacon, Sir Henry Gray, Mr. Owtred, Mr. Aldersey, Mr. Hutton, Mr. Humphrey Conisbie, Mr.
Robert Sackvile, Mr. John Stubbs, Mr. William
Brunker, Mr. Tanfield, Mr. Fanshaw, Mr. Vivian,
Mr. Davers, Mr. Sands and Mr. Weeks, who were
appointed to meet this Afternoon at three of
the Clock in the Exchequer Chamber. Vide
Febr. 17.
The Committees touching Informers, (whose
names see on Saturday the 8th day of this instant
February foregoing) are deferred to Friday next
in the Afternoon, which had been appointed
on the foresaid Saturday to have met this Afternoon.
Mr Speaker moved the House in the behalf of
(Mr Fulk Onslow) the Clerk of the same, that
having of late been long sick and yet somewhat
recovered, albeit but weak still and sickly, and
enjoying his Office by Letters Patents of the
Grant of her Majesty to exercise the same by
himself and his sufficient Deputy or Deputies, it
might please this House in his absence (if he shall
happen in regard of his health and necessary ease
sometimes to withdraw himself from the exercise
of his Office in this House in his own person) to
accept therein the attendance and service of such
of his own Clerks or Servants, as before his intermedling therein within this House shall first
have taken the Oath usually ministred unto all
the Members of this House. And thereupon it
was so granted and assented unto by this whole
House accordingly.
On Wednesday the 12th day of February, Two
Bills of no great moment had each of them their
first reading; of which the first was the Bill touching Orford-Haven in the County of Suffolk.
Upon a Motion made unto this House by Mr
Puleston Esquire returned into this House Knight
for the County of Flynt, that William Aylmer
Esquire did since the beginning of this Session of
Parliament cause a Subpœna to be served upon
him out of the Court of Star-Chamber, to the
prejudice of the Liberties and Priviledge of this
House, to Answer unto a Bill there containing
almost forty sheets of paper, and so praying the
Order of this House, offereth forth a Precedent
of this House under the hand of the Clerk of this
House heretofore in a like Case between one Mr
Alban Stepneth a Member of this House, and Mr
Anthony Kirle Gent. (which said Case was discussed in the Parliament de Anno 27 Reginæ Eliz.
on Wednesday the 10th day, and on Thursday the
11th day of February) which Precedent being
read by the Clerk, it was after some Speeches resolved, that the said Mr Aylmer should be called
into this House by the Serjeant to Answer the
said matter. Whereupon the said Mr. Aylmer being brought to the Bar, Mr Speaker in the name
of this House charged him with the said contempt, and required his Answer thereunto; who
in all reverent and humble sort shewed, that the
said Bill whereupon the said Subpœna was awarded, did concern a wrong not only unto her
Majesty, but also unto this honourable House, in
an indirect course of proceeding in the Election
of the Knights for the County of Denbigh into
this present Parliament, procured by the said Mr
Puleston; and so intimating, that the said Bill
and serving of the said Subpœna did tend to the
maintenance (he well hoped) of the Liberties
and Priviledges of this House, he was sequestred
the House, and the said Mr. Puleston likewise;
and then after some further Speeches had, it was,
(partly withal for the good opinion that many
Members of this House did conceive of the said
Mr. Aylmer, being oftntimes heretofore a Member of this House, and an honest and grave Gentleman,) resolved, that the said Cause with the
circumstances thereof comprehended in the said
Bill should be considered of by some Committees of this House, and so afterwards report to be
made of the same accordingly: And that the said
Mr. Aylmer should then give his attendance upon
the said Committees, and presently withal be left
to his own liberty, free from any Custody or restraint of the Serjeant of this House, and shall
also be charged by Mr Speaker in the name of
this whole House to surcease his said Suit and proceeding against the said Mr. Puleston in the mean
time. And thereupon Mr. Vice-chamberlain, Mr.
Recorder of London, Sir William Moor, Sir Edward Hobby, Mr. Cromwell, Sir Edward Dymock,
Mr. Wroth, Mr. Francis Bacon, Mr. Grymston,
Mr. Conisby, Mr. Morgan, Mr. Morrice, Mr. Cook
and Mr. Harris were nominated for that purpose,
and appointed to meet upon Saturday next at
two of the Clock in the Afternoon. And then
the said Mr. Aylmer being brought in again to
the Bar, Mr. Speaker signifyed unto him the said
Order of this House in that behalf, discharging
him from the Custody of the said Serjeant, and
requiring him to give his attendance upon the
said Committees at the said time and place accordingly, and also to forbear any further to proceed
in the mean time against the said Mr. Puleston.
Whereunto he willingly assented.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill to avoid the abuses grown in forestalling,
regrating and ingrossing, was read the second
time; and after many Speeches and Arguments
had upon the same, was committed unto Sir Valentine Dale Master of the Requests, Mr. Recorder of London, Sir Edward Dymock, and others,
who were appointed to meet upon Monday next
in the Afternoon at two of the Clock in the StarChamber.
The Committees in the Bill touching Clergy in
some Cases of offenders (whose names see on
Monday the 10th day of this instant February foregoing appointed to meet that Afternoon) is deferred until Tuesday next in the Afternoon at the
former House and place.
On Thursday the 13th day of February, Three
Bills of no great moment had each of them one
reading; of which the last being the Bill to reform disorders of common Inns and other Victualling Houses, was read the second time, and after many Speeches and Arguments committed
unto Sir Valentine Dale Master of the Requests,
Mr. Francis Hastings, Mr. Cook and others, who
were appointed to meet on Wednesday next at
two of the Clock in the Afternoon in SerjeantsInn Hall in Chancery-lane.
The Bill touching Orford-Haven was read the
second time, and after some Speeches committed
unto Mr. Arthur Hopton, Mr. Anthony Wingfeild,
Mr. Recorder, Mr. Grymston, Mr. Robinson and
others, who were appointed to meet upon this
day se'night at two of the Clock in the Afternoon
in the Exchequer Chamber.
On Friday the 14th day of February, Four
Bills of no great moment had each of them one
reading; of which the second being a Bill touching Exactions upon the Subjects of this Realm
by the Officers of the Exchequer was read the
first time; which said Bill was brought into the
House by Sir Edward Hobby, who alledged that
the said Exactions did nothing tend to any further profit or commodity of her Majesty.
The meeting of the Committees in the Bill
touching Informers (whose names see on Saturday the 8th day of this instant February foregoing) is again deferred (as it had been before on
Tuesday the 11th day of the foresaid February
last past) till to Morrow in the Afternoon.
Mr. John Hare maketh a Motion unto this
House for consideration to be had for meeting
with the disorders of Purveyors, and offereth a
Bill unto this House for that purpose.
Two Bills also of no great moment had each
of them one reading; of which the second being the Bill for abridging of Proclamations upon
Fines to be levied, was upon the second reading
committed unto Mr. Morice, Mr. Broughton, Sir
Henry Knivet and others, who were appointed
to meet at Serjeants-Inn Hall in Fleetstreet, upon
Tuesday next at two of the Clock in the Afternoon.
The Bill touching Orford-Haven (committed
yesterday) was this day delivered to Mr. Arthur
Hopton one of the Committees in the same
Bill.
On Saturday the 15th day of February, Sir Edward Hobby moved (he said) upon good cause,
that Mr. Speaker do give admonition unto this
whole House, that Speeches used in this House
by the Members of the same be not any of them
made or used as Table talk, or in any wise delivered in notes of writing to any person or persons whatsoever not being Members of this House,
as of late (is thought) hath been done in this
present Session: And thereupon by consent of
this House admonition was given by Mr. Speaker
in that behalf accordingly, shewing unto them
that they are the Common Council of the
Realm.
A Bill to reform disorders in Purveyers was
read the first time. Mr. Treasurer, Mr. Cradock,
Sir William Moor, Mr. Harris, Sir Henry Knyvet,
Mr. Tasborough, Mr. Palmer, Mr. Francis Bacon,
Mr. Cromwell, Sir Edward Dymock, Mr. ViceChamberlain and Mr. George Moor did speak to
the Bill; and afterwards it was Ordered upon
the question, that the said Bill should be read
again this present day for the second reading.
Whereupon the same was then presently read
again, and upon the question committed unto
all the Privy Council being of this House, all
those that have spoken to the Bill, Mr Edward
Dyer, Mr Robert Wroth, Sir Henry Grey, Mr Hare
and others, who were appointed to meet in this
House upon Monday next at two of the Clock
in the Afternoon: and the same time and place
is also appointed for the Committees for Informers, and that the Serjeant of this House do in
the mean time repair to the Clerk of the Higher
House for the Bill that passed this House this last
Parliament touching Purveyers, and was then sent
up to the Lords or at least for a Copy of the same
Bill, to the end the said Committees may consider of the same in the proceeding of this Bill as
shall be thought convenient. And it is also resolved, that such Officers of her Majesties Honorable Household and Court of Green Cloth as
shall please to be at the said Committee, may be
heard and conferred with touching the purport
of the said Bill at their good pleasures. Vide. 27.
Febr. postea.
On Monday the 17th day of February the Bill
touching the multiplicity of Suits and the excessive number of Attorneys, was upon the second
reading committed unto the Knights for the
Counties of Norfolk and Suffolk, Mr Recorder
of London, Mr Cromwell and others, who were
appointed to meet on Wednesday next at two of
the Clock in the Afternoon in Serjeants-Inn Hall
in Chancery Lane.
Sir Edwad Hobby shewed with his great grief
that since the last sitting of this House he hath
been of some great personage (being no member of this House) very sharply rebuked for some
his Speeches delivered in this House by him upon
Friday last, in the setting forth the Bill for reformation of abuses in some Officers of the Court
of Exchequer, and that the same his Speeches
have been by some (he thinketh of this
House) delivered unto the said great personage
very untruly, as tending unto all the Officers of
the same Court; and so shewing other the particulars as well of his own said former Speeches as
of the said untrue report and sinister construction of the same somewhat at large, doth in the
end refer himself therein to the testimony of this
whole House: And with all praying the good
consideration of this House towards him in this
his honest and just excuse, as in like former cases
hath been erst accustomed towards other Members of this House, and especially in regard of
the maintenance and preservation of the antient
Liberties of the same, desired, that by some of
this House the said great personage may be satisfied of the truth of the case, and also moved
to shew the name of the reporter of the said untrue Speech; and to that end citeth unto them
two like Precedents of this House, the one in the
time of King Edward the 6th and the other
of the Queens Majesty that now is. And sheweth
further that he thinketh his said Speech by him
first delivered in this House was discovered since
Mr Speaker his late admonition generally given
to this whole House against the uttering of the
secrets of this House either in Table-talk or
Notes in Writing, and not before. And so concluding giveth due commendation to the said
Bill, and prayeth another reading thereof presently, and also all good and speedy course both
in the Commitment and other passages of the
same. Vide Febr. 27. postea.
Mr Chancellor of the Exchequer sheweth first,
that he offereth not to speak to any prejudice
of the said motion, but putting the House in remembrance of their charge given unto him and
others for Conference to be had touching some
convenient supply of Treasure to be had and levyed for the necessary defence of her Majesty
and this Realm, now presently in danger of
such mighty and great enemies, as erst of late
hath been at large delivered unto this House by
some Members of the same, declared unto them,
that he and the greater part of the residue of the
Committees therein, though divers of them did
not give that attendance therein which so great
and weighty a cause doth require, have met and
had Conference together about the same four
several times, and that at the last and fourth
time of their said conference they resolved upon
such an extraordinary proportion of provision
as they thought the present extraordinary occasion of necessity doth require, and that they did
set the same down in writing, which he also
moved might be read unto them, to the end that
if it might upon the reading thereof stand with
their good liking to allow of it and give their
assents unto it, Mr Speaker might then deliver
it to her Majesties learned Councel to have
the same framed into the form of a Bill to be
proceeded in and past in this House; and shewed further, that as the grant of this Contribution is greater than hath been heretofore for
the most part ordinarily used to be granted
(the present necessity so requiring it) so thinking good amongst them it should not hereafter
be an occasion of a Precedent to posterity for
the like (without like cause) divers of them
were of opinion, that some meet words to such
effect might be inserted in the Preamble of the
Bill. And shewed further, that one of the Committees, to wit Mr Francis Bacon, had for that purpose set down a Note in Writing, which he said
(if it pleased them) they might also hear read,
and afterwards (if they so thought good) might
also be delivered to her Majesties said learned
Councel likewise with the said other note; and
that withal the said Mr Bacon might repair to
her Majesties said learned Councel for the further proceeding therein with them, if this House
should so think good. Whereupon the House
liking well of this motion, both the said Notes
in writing were read by the Clerk and afterwards
agreed by the whole House, that the same Notes
should be forthwith delivered by Mr Speaker to
her Majesties said learned Councel accordingly, and the said Mr Bacon also to repair unto
them.
Sir Henry Knyvet entreth into Speech of some
recital of the said grief of the said Sir Edward
Hobby, and well liking and allowing of due consideration to be had thereof by this House, reciteth very briefly the whole substance in effect
both of the said first Speech of the said Sir Edward Hobby, and also of his said late Motion, and
giving due commendation of the same his first
Speech and also of his said protestation of excuse, urgeth the present reading and proceeding
of the said Bill withal speed. Whereupon after
sundry other Speeches tending likewise to the
prosecution of the said Bill to Commitment, it
was upon the question Ordered that the same
Bill should be presently read accordingly.
The Bill Quo titulo ingressus est was read the
second time, and after sundry Speeches and Motions deferred to further Argument to be had
upon the same Bill again to Morrow.
The Bill touching Informers and Forestallers
were delivered to Mr. Cromwell one of the Committees.
And also the report of the Committees in the
cause between Mr. Puleston and Mr. Aylmer upon a Motion made by Mr. Nicholas Hare is likewise deferred until then, for lack of convenient
time for the same now. Vide concerning this matter on Wednesday the 12th day of this instant February foregoing.
On Tuesday the 18th day of February, Four
Bills of no great moment had each of them their
first reading; of which the last was the Bill for
the relief of Thomas Haselrigge Esquire.
Sir Edward Dymock, Mr. Clark and Mr. Peter
Osburn arguing to the Bill of Quo titulo (read
the second time in the latter part of the day
foregoing) do each of them hold Sir Edward
Hobby free and thereby excused of any such
Speeches touching the higher Officers of the Exchequer, as he had been charged with and rebuked for. And the whole residue of their Arguments shew no misliking at all of his simile's or
words used in the setting forth of the said Bill.
Whereupon after sundry other Disputations of
other Members of this House had upon the said
Bill, it was at last upon the question committed
unto Mr. Chancellor of the Exchequer, Sir John
Parrot, Mr. George Moor, Mr. Sutton, Sir Edward Dymock and others, who were appointed
to meet to Morrow at two of the Clock in the
Afternoon in the Exchequer Chamber.
Mr. Serjeant Shuttleworth and Mr. Doctor Awberry do bring from the Lords a Bill Intituled
An Act providing remedy against discontinuances in Writs of Error in the Exchequer and Kings
Bench.
Mr. Speaker noting the great disorder in this
House by some that standing up and offering to
speak sometimes three or four together, and persisting still without offering to give place one of
them to another, knowing well nevertheless
which of themselves did first stand up, and so
by the Order of this House ought to be first
heard, but yet expecting by Acclamation of the
residue of the House growing for the most part
to a great confused noise and found of senceless
words, do stand still continuing their offer to
speak first, and do also many times in their Motions and Arguments utter very sharp and bitter
Speeches, sometimes rather particularly offensive
than necessarily with such great vehemency delivered, putteth them in remembrance, that every
Member of this House is a Judge of this Court,
being the highest Court of all other Courts, and
the great Council also of this Realm, and so moveth them in regard thereof, that as in all other
Courts, being each of them inferiour to this high
Court, such confused courses either of contention, acclamations, or reciprocal bitter and sharp
Speeches, terms or words are not any way either
used or permitted amongst the Judges of the said
Inferiour Courts, or the Councellors admitted in
the same Courts, so they would hereafter forbear to attempt the like disorders, as the honour
and gravity of this House justly requireth.
Upon a Motion made by Mr. Vice-Chamberlain, that the Committees in the Bill for Purveyors (appointed on Saturday the 15th day of this
instant February foregoing) do meet again this
Afternoon at three of the Clock; And also that
the report to be made by him touching the dealing of the Committees in the cause between Mr.
Puleston and Mr. Aylmer be deferred till to Morrow in the Afternoon.
On Wednesday the 19th day of February, Mr.
Serjeant Walmesly one of the Committees in the
Bill touching the abridging of Proclamations (appointed on Wednesday the 12th day of this instant February foregoing) upon Fines at the
Common Law, sheweth, that they have met and
conferred upon the said Bill, and having in some
parts amended the same, offer another Bill containing the same Amendments.
Mr. Vice-Chamberlain one of the Committees
in the Cause between Mr. Puleston and Mr. Aylmer, sheweth, that he and others of the Committees have had Conference together and heard
both Parties, and the Councel also of the said
Mr. Aylmer at large, and so reciting amongst
many of the circumstances delivered unto them
touching the said matter, some of the causes moving the said Mr. Aylmer to cause the said Mr.
Puleston to be served with a Subpœna to appear
in the Star-Chamber, doth in the end shew, that
he and the residue of the said Committees were
of opinion, that the said Mr. Aylmer had committed a contempt unto this House in prejudice
of the Liberties and Priviledges of the same
House, which as for his part he wished should
not escape unpunished in some sort, so giving
very good commendations of the said Mr Aylmer
for his humble and dutiful behaviour before the
said Committees in the whole course of his dealing with them in the said cause, and shewing
withal that he had to his great charge attended
now a long time upon the said Committees for
their report to this House in the said matter, and
had withal ignorantly and yet not without
the privity and advice of some learned in the
Laws proceeded to the causing of the serving of
the said Subpœna, as he was informed, without
offence to this House or Liberties of the same,
he might (acknowledging his fault and upon his
humble submission to be made to this House, and
craving pardon for his said contempt) be set at
liberty and discharged paying the Serjeants Fees
of this House. And afterwards upon sundry
other Speeches and Arguments (the whole House
agreeing and resolving directly that the said Mr
Aylmer had committed the said contempt) and
some also moving to inflict some other further
punishment upon him (over and besides such his
submission to be so made) that he might not only
bear the Charges of the said Mr. Puleston sustained touching the said matter of contempt, but
also surcease any further proceeding at all against
the said Mr Puleston by reason of serving the said
Subpœna, but should (if he would) take out
another Subpœna after this Session of Parliament
ended against the said Mr. Puleston the next
Term; and some others again being of a contrary opinion, moved, that the said Mr Aylmer
should neither pay the said Mr. Puleston his Charges, nor yet surcease his proceeding against him
upon the said Subpœna already served, because
the said Mr. Puleston had already voluntarily
without the privity of this House, and also since
the time of his grief and complaint unto this
House exhibited, put in his Answer to the Bill
in the said Court of Star-Chamber against him;
and the said Answer also being offered forth unto
this House and read by the Clerk, it appeared
manifestly, that the said Mr. Puleston had voluntarily put in his said Answer to the said Bill, and
so was at Issue, in that he pleaded to the said
Bill Not guilty; It was upon the question resolved and Ordered by this House, that Mr Aylmer
should not only be at his liberty to proceed in
his said Suit without offence to this House, but
should also upon his humble submission to be
made to this House be discharged of his said contempt paying his Fees to the Serjeant of this
House.
And then it was thought good the said Mr
Aylmer might be called in and heard what he
could say for himself in the matter; and (the
said Mr Puleston being sequestred) he was brought
presently to the Bar, and charged by Mr Speaker
with the said contempt; who humbly shewed,
that if it were a contempt, it was done by him
simply and ignorantly and no way arrogantly,
and without all peril of contempt to this House
as his Councel had informed him, and therefore
humbly submitting himself craved their pardon;
and thereupon being sequestred the House again,
it was after sundry other Speeches upon another
question resolved, that the said Mr Aylmer should
likewise upon his said humble submission be discharged of his said contempt, paying only the
Serjeants Fees. Which done, the said Mr Aylmer
was brought in again by the Serjeant, and Mr
Speaker pronouncing unto him the said Judgment
of this House, both for his Licence to prosecute
his said Suit in the Star-Chamber, and also for
his liberty and discharge of the said contempt,
the said Mr Aylmer yielding unto this honourable
House his most humble thanks, departed and
went his way. Vide concerning this business upon Wednesday the 12th day, and on Monday the
17th day of this instant February foregoing.
Mr Vice Chamberlain shewed, that he and
others the Committees in the Bill concerning
Purveyors have met, and also have had Conference together with some of her Majesties Officers of the Green-Cloth, and according to the
Commission of this House. And further, that
they have in some parts amended the said Bill,
and also added a Proviso thereunto, such as they
think fit both for her Majesties Service, and also
for the better passage of the Bill and relief of the
Subject. And prayeth the same Amendments and
Proviso may be read. Which said Amendments
and Proviso were thereupon twice read accordingly. Which done, there followed sundry
Speeches upon the same Amendments and Proviso. And so for that time it was left at large
without any further course or question to ingrossing or any thing else, the time being far
spent and the House ready to rise.
The Bill touching Quo titulo ingressus est was
delivered to Sir Edward Hobby one of the Committees in the same. The Bill concerning common Inns and Victualling-Houses was delivered
to Mr. Prat one of the Committees in the same
Bill. And the Bill touching multiplicity of Suits
and the excessive number of Attorneys was delivered to Mr. Heydon one of the Committees in
the same Bill.
On Thursday the 20th day of February, Three
Bills of no great moment had each of them one
reading; of which the last being the Bill for relief of Thomas Haselrigg Esquire, was upon the
second reading committed unto Sir Richard
Knightley, Sir Henry Knyvet, Mr. Recorder of
London and others, who were appointed to meet
upon Monday next at two of the Clock in the
Afternoon in the Star-Chamber.
The Committee in the Bill touching Informers
and Informations is deferred unto Saturday next
at two of the Clock in the Afternoon at the former place of meeting.
Mr. Vice-Chamberlain one of the Committees
in the Bill touching Informers and Informations
upon penal Statutes sheweth, that he and such
other of the Committees as were met together
yesterday in the Afternoon, had conferred together upon the same Bill, and then had amended
it in some parts thereof, as they upon good considerations in their own conceits thought convenient. And so offering the said Bill in such sort
amended, delivered in the same to be further
dealt in by this House as this House should think
good. And withal moved further, for avoiding
of confusion hereafter, and for a more orderly
and speedy proceeding of this House in the making of Laws, that they would from henceforth
in their Commitments use to name a fewer number than they have hitherto in this Session of
Parliament for the most part used to do. And
that those so to be named should give better Attendance in the same Commitment than hitherto
they have done this Session. And further, that
at each meeting of the same Committees at the
times and places appointed for the same, the
names of all the said such Committees should
then be first read, and if the more part of them,
or at least the one half of them shall be present,
then the more part or one half of them to proceed to Conference accordingly or else not.
Which Motion was well liked of and allowed.
Sir John Parrot one of the Committees in the
Bill of Quo titulo ingressus est, sheweth, that by
reason of the great time spent yesterday in the
Commitment of the Bill touching Informers and
Informations upon penal Statutes, he and the residue of the said Committees in this Bill could
not end their Conference in the same; And
therefore moved another meeting again about
the same this Afternoon; and that her Majesties
learned Councel might also be there with them.
Whereupon for that it was then Answered by
Mr. Vice-Chamberlain, that her Highness said
learned Councel could not be there this Afternoon, but were (he well knew) to be elsewhere
imployed all the same whole Afternoon; It was
resolved that the said Committees should nevertheless then meet together, and proceed in the
said Conference as much as they could in the
mean time, until a further time might be afterwards taken for her Majesties said learned Councel to be with them.
On Friday the 21th day of February, the Bill
for the true payment of the Debts of Thomas
Hanford, was upon the second reading committed unto Mr. Comptroller, Sir Henry Knyvet,
Mr. Alford, Mr. Hare, Mr. Grafton and Mr.
Francis Moor, who were appointed to meet to
Morrow Morning at seven of the Clock in the
Committee Chamber of this House; and then
Mr. Hanford to attend the said Committees: and
also the Bill that passed in the last Parliament
from this House to the Lords, to be also delivered
to the said Committees; both which Bills were
then delivered to Mr. Comptroller.
Upon a Motion made by Mr. John Stubs it is
Ordered, that Thomas Drury may with his free
liberty by the priviledge of this House attend
the Committees in the Bill for the relief of Thomas Haselrigg Esquire, exhibited into this House
against him, and also to prosecute in the same cause
without any molestation or arrest during the
pleasure of this House. Vide March 7. March 18,
& Mar. 19. following, & Mar. 21.
Upon a Motion made by Mr. Harris, that divers Members of this House having Writs of nisi
prius brought against them to be tried at the Assizes in sundry places of this Realm to be holden
and kept in the Circuits of this present Vacation,
and that Writs of Supersedeas might be awarded
in those Cases in respect of the priviledge of this
House due and appertaining to the Members of
the same; It is agreed, that those of this House
which shall have occasion to require such benefit
of priviledge in that behalf, may repair unto Mr.
Speaker to declare unto him the state of their
Cases, and that he upon his discretion (if the
Cases shall so require) may direct the Warrant of
this House to the Lord Chancellor of England
for the awarding of such Writs of Supersedeas accordingly.
Upon a Motion made by this House that ......
Saintpole Esquire, one of the Knights in this present Parliament for the County of Lincoln, being
also Sheriff of the said County of Lincoln at this
present time, might have Licence by this House
to depart into the Country about the attendance
of his said Office of Sheriffwick; It was granted
and agreed that he might so do accordingly.
Nota, That by this it appeareth to be a thing
no ways strange or in it self incompetible for a
Sheriff of any Shire to be a Member of the House
of Commons, and there to perform the service
of that House: And that the Licence given to
such at any time to depart, is no other than is at
any time vouchsafed of course to the Members
of that House upon any urgent occasions by them
alledged requiring their absence for some time, be
it longer or shorter, of which also there is a remarkable Precedent in the Journal of the House
of Commons de Anno 27 Reginæ Eliz. upon Friday the 4th of December, and another Precedent
also in the same Parliament upon Tuesday the
23th day of February de anno isto prædicto 27 Reginæ Eliz. yet was there a Precedent in this very
Case otherwise adjudged by the House after much
dispute upon Wednesday the 4th day of November
in the Parliament de anno 43, & 44 Reginæ Eliz.
Anno Domini 1601. Where Sir Andrew Nowell
being Sheriff of the County of Rutland, was afterwards Elected one of the Knights for the same,
and so compelled to return himself; which perhaps also may make the difference in the Case,
and that where any man is first Elected a Member of the House of Commons and afterwards
made Sheriff of some County, his first Election
stands good. Vide etiam Dec. 2. de anno isto 43.
The Proviso to the Bill concerning Purveyors
was twice read, and in the Bill these words [or
within] were interlined in one place of the said
Amendments in the said Bill, and inserted in the
Bill by Order of this House, which were also
twice read, and so the Bill and Proviso Ordered
upon the question to be ingrossed.
The Amendments in the Bill touching Informers were twice read, and upon the question Ordered to be ingrossed.
Four Bills also of no great moment had each of
them one reading; of which the last being the
Bill for repealing of certain Statutes was read the
second time, and upon the question committed
unto Mr. Cromwell, Mr. Broughton, Mr. Edward
Dyer, Mr Grafton and others, who were appointed to meet upon Tuesday next at SerjeantsInn Hall in Chancery Lane at two of the Clock
in the Afternoon.
The Committee in the Bill touching OrfordHayen (who were appointed on Thursday the
13th day of this instant February foregoing) is
deferred till to morrow in the Afternoon at
two of the Clock in the place formerly appointed.
The Committees in the Bill against multiplicity of Suits and the excessive number of
Attornies (who were appointed on Monday the
17th day of this instant February foregoing) is
appointed to be dealt in at one of the Clock in
the Afternoon of this present day.
The Commitment in the Bill touching the benefit of Clergy in some cases of offences (who
were appointed on Monday the 10th day of this
instant February foregoing) is appointed to be
dealt in this present day at two of the Clock in
the Afternoon in the Exchequer Chamber, and
the Bill was delivered to Mr Wroth.
The Commitment in the Bill touching Common Inns and other Victualling-Houses is appointed to be dealt in (who were appointed upon Thursday the 13th day of this instant February foregoing) on Wednesday next at two of the
Clock in the Afternoon, in the former place
(being the 26th day of this instant February following,) and the Bill was delivered to Mr
George Barne.
On Saturday the 22d day of February, Two
Bills of no great moment had each of them one
reading; whereof the second being the Bill for
the relief of George Ognell Esquire was upon the
second reading, and upon the question committed unto Mr Henry Brooke, Mr Serjeant Walmesley
the Knights for the Shire of the County of Warwick and others, who were appointed to meet
upon Monday next at two of the Clock in the
Afternoon in the Star-Chamber.
The Bill for the assurance of the Jointure
of Ann the wife of Henry Nevill Esquire was
read the second time, and upon the question
Committed unto Sir Edward Hobby, Mr Cook,
Mr Cradock, Mr Francis Bacon and others, who
were appointed to meet upon Monday next at
two of the Clock in the Afternoon in the StarChamber.
The Bill for relief of Thomas Haselrigge Esquire
(committed on Thursday the 20 day of this instant February foregoing) was delivered this
day to Sir Edward Hobby one of the Committees.
Three Bills which had this day passed the House
upon the third reading, were sent up to the
Lords by Mr Vice-Chamberlain, Sir John Parrot
and others, with commendations and request for
their Lordships favourable expedition; of which
the two last were one touching Purveyers, and
the other touching Proclamations in Fines.
Mr Comptroller one of the Committees in the
Bill for the true payment of the debts of Thomas Hanford reporteth their meeting together,
and that Hanford himself was present with his
Councel, and also the Councel of another Gentleman, and referreth the residue of the report to Mr Grafton one other of the same
Committees, who likewise making a further report of the same, especially touching the allegations made to them by the said Thomas Hanford and his Councel, and afterwards upon some
further speeches the Bill then rested to be presently amended in some things before thought
fit by the said Committees, but not as then yet
set down in writing.
The Bill touching the free Grammer School
of Tunbridge in the County of Kent was upon
the second reading committed unto Mr Cook,
Sir Edward Dymock, Sir Edward Hobby, Sir
George Cary and others, who were appointed
to meet upon Tuesday next in the Star-Chamber
at two of the Clock in the Afternoon.
Two Bills also of no great moment had each
of them one reading; whereof the second being
the Bill touching Mortmain, was upon the second reading committed unto Mr Treasurer, Sir
John Parrot, Sir Edward Hobby, Sir William Moore
and others, who were appointed to meet on
Thursday next at two of the Clock in the Afternoon in the Exchequer.
Mr Serjeant Puckering and Mr Doctor Ford
did bring from the Lords three Bills; of which
the two last were one for reviving of a Statute
made in the 23d year of her Majesties Reign for
repairing of Dover Haven, and the other for
repairing of the Pier of Hartilpool, with their
Lordships like requital of commendation for the
furtherance of this House in the said two Acts for
Dover Haven and Hartilpool, as their Lordships
erst this present day received from this House
for their Lordships furtherance in expediting of
the Bills concerning Purveyors and the abridging of Proclamations in Fines, &c. brought
this day unto their Lordships from this House.
On Monday the 24th day of February, The
Bill for four Fifteenths and Tenths and two entire Subsidies had its first reading.
Mr Chancellor of the Exchequer, one of the
Committees in the Bill touching Quo titulo ingressus est, reporteth the meetings and Conferences of the Committees at sundry times, and
that in the end they thought good for divers respects to alter some things in the said Bill, and so
to make a new Bill, which he offered unto this
House together with the old Bill, and praying
the new Bill might be read, the same new Bill
was thereupon read accordingly: which being
then read, it was after some Speeches upon the
same reading then further declared by the said
Mr Chancellor, that Mr Osburn the Treasurer's
Remembrancer in the said Court of Exchequer
had been with them in the said Committment, and
not only satisfied the said Committees very truly, that he could not erst use any other course of
dealing in the said Office than hitherto he hath
done, as having no warrant to the contrary; so
did he also very willingly and honestly for his
part give his assent and good liking to the passing
of this Bill, and professed to be ready and well
pleased to follow the rule of the same when it
shall be established for a Law, which then may
be good Warrant unto him in that behalf, like
as he would have been contented so to have done
before if he might safely and lawfully avowed
the same. And so thereupon moved (for the
better expediting of the said Bill) another reading presently, and that thereupon the said Bill
may be Ordered to be ingrossed, which was so
then read again, and upon the question Ordered
to be ingrossed accordingly.
Mr Cromwell one of the Committees in the Bill
for Orford-Haven reporteth the meeting of the
Committees and their travel in the same, and
sheweth some Amendments made by them in the
said Bill, and their reasons for the same; which
Amendments were then thereupon twice read accordingly, and so the Bill upon the question Ordered to be ingrossed.
The Bill for the true payment of the Debts of
Thomas Hanford delivered into this House on
Saturday last by some of the Committees with
these words stricken out viz. [with assent of the
said Thomas Hanford] and this word [or] likewise stricken out and in stead thereof this word
[and] put in; the said word [and] being twice
read, the Bill was upon the question Ordered to
be ingrossed.
The Bill for reviving and enlarging of a Statute made in the twenty third year of her Majesties Reign for repairing of Dover-Haven, was
read the first time.
Upon a Motion made touching Conference to
be had in the Commitment of the Bill for relief
of George Ognell Esquire, and that Trussell the
adverse party being now in Execution in one of
the Counters of London, might be heard before
the said Committees without peril of an escape
if he should be brought to Westminster; It is
agreed, that the Committees which were appointed to have met this day in the Afternoon
about that matter in the Star-Chamber, do meet
in the Guild-Hall where the said Trussell may be
brought before them with his Keeper without
danger (as it is thought) of an escape in the
said Execution.
The Bill for the assurance of the Jointure of
Anne the Wife of Henry Nevil Esquire (which
was committed yesterday) was this day delivered to Mr. Henry Savile one of the said Committees.
The Bill for the relief of George Ognell Esquire
(committed also yesterday) was this day delivered to Mr. George Moor one of the said Committees.
John Cocks one of the Burgesses for the Borough of Bletchingly in the County of Surrey, is
for his especial affairs licensed to depart.
On Tuesday the 25th day of February, Three
Bills had each of them one reading; of which
the first Mr. Cradock offereth unto this House,
being for continuance and perfecting of divers
Statutes, and praying the same might be read,
the same was thereupon then read accordingly
for the first reading.
Mr. Francis Bacon one of the Committees in
the Bill for the assurance of the Jointure of Anne
the Wife of Henry Nevill Esquire sheweth, that
divers of the said Committees had met together
in Conference about the said Bill, and for certain considerations by him then alledged had
amended something in the said Bill, and also added something to the same. Which Amendments
and Additions being opened to the House and
twice read accordingly, the said Bill was afterwards upon the question Ordered to be ingrossed.
Mr. Recorder moved touching the want of
one of the Barons of New Rumney in the County
of Kent not returned into this House, but yet
(he said) duly Elected as he was informed under
the Seal of the Corporation of the said Town of
New Rumney; And further shewing, that he
thought the Precedent thereof might tend to
the prejudice both to the Liberties and also to the
service of this House, prayed consideration of
this House therein. Whereupon after sundry
other Speeches and Argument to the like effect
by others, it was at last Ordered, that the state
of the Case should be further examined by the
former Committees of this House appointed for
such Cases of Returns as should happen to fall
out during this present Session of Parliament.
Whose names then being read by the Clerk, they
were appointed to meet at the Rolls this present
day at two of the Clock in the Afternoon, and
a note of the names of the said Committees was
then delivered by the Clerk to Mr. Cromwell one
of the said Committees.
Mr. Damport moved neither for making of
any new Laws nor for abrogating of any old
Laws, but for a due course of proceeding in
Laws already established, but executed (he
thinketh) by some Ecclesiastical Governour contrary both to the purport of the same Laws and
also to the minds and meanings of the Law-Makers, to the great hurts and grievances of sundry
her Majesties good Subjects; and so offereth some
particularities in writing to the effect (he said)
of his Motion, praying the same might be read,
and committed to be further considered of and
dealt in, as this House should think good.
Mr Secretary Wolley putteth the House in remembrance of her Majesties express inhibition
delivered to this House by the Mouth of the
Lord Chancellor at the beginning of this Session
of Parliament touching any dealing with Ecclesiastical Causes; And shewed for his own part,
that he thinketh this House should incur contempt to her Highness, if contrary to that inhibition they should deal in the said matter last
moved. Whereupon the said matter in writing
was then received, but not then read at all, and
was afterwards without any thing done more
therein delivered back again by Mr. Speaker unto the said Mr. Damport upon Monday the 17th
day of March following in the Forenoon of the
same day, before the said Mr. Speaker went to
the Parliament House.
Mr Serjeant Shuttleworth and Mr Doctor Clark
do bring word from the Lords, that their Lordships do desire that four or five of this House do
confer with their Lordships touching a Bill for
abridging of Proclamations to be had upon Fines
to be levied at the Common Law, lately passed
this House and sent up unto their Lordships from
this House; It was Ordered, that Mr Secretary
Wolley, Mr. Recorder, Mr. Cook, Mr. Serjeant
Walmesley, Mr. Francis Bacon, Mr. Morrice, and
Mr. Harris should presently wait upon their
Lordships therein, who so did thereupon accordingly.
The Bill concerning Process and Pleadings in
the Court of Exchequer, passed this day in this
House, was sent up to the Lords by Sir John Parrot and others, with request to be made unto
their Lordships from this House, for their Lordships good and favourable expediting of the Bill
for reformation of certain abuses by Purveyors
lately sent unto their Lordships by this House.
Mr. Wroth moved for better attendance to be
continued and used by the Members of the
House in the service of the same House, that
none after the House is set do depart before the
rising of the same House, unless he do first ask
leave of Mr. Speaker, upon pain that every one
hereafter doing the contrary do pay for every
time six pence to the use of the Poor. And it
was thereupon assented unto by the whole
House accordingly.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill touching secret Outlawries was read the
first time, and upon further Motion read again
for the second reading, and committed unto Mr.
Serjeant Walmesley, Sir Henry Knyvet, Mr. Cradock, Mr. Cromwell, Mr. Cooke and others, who
were appointed to meet at two of the Clock in
the Afternoon at Serjeants-Inn Hall in Fleetstreet.
The Bill touching Writs of Covenant, &c. was
upon the second reading committed unto Mr.
Harris, Mr. Drew, Mr. Cooke, Mr. Morrice, Mr.
Wroth and others, who were appointed to meet
at Serjeants-Inn Hall in Chancery-lane, upon Thursday next at two of the Clock in the Afternoon.
Mr. Sollicitor and Mr. Doctor Cary do bring
from the Lords the Bill for abridging of Proclamations to be had upon Fines to be levied at the
Common Law lately passed this House with some
Amendments, viz. in the eleventh line between
the word [terms] and the word [next] to put
in the word [holden] and to put out the words
following, viz. [unless it be] &c. and all the
words following unto these words [and that]
in the fifteenth line; which being opened unto
the House by Mr. Speaker, the said Amendments were accomplished and perfected with all
the due readings and passage of the same Bill so
amended accordingly.
The Committees names in the Bill touching
the free Grammar School of Tunbridge in the
County of Kent, appointed on Saturday the
22th day of this instant February foregoing were
read by the Clerk, and the Committees appointed to meet at the Rolls at two of the Clock in
the Afternoon of this present day; and the Bill
with a note of the said names was delivered then
to Sir Edward Dymock one of the said Committees.
The Committees names in the Bill for repeal
of certain Statutes (appointed on Friday the 21th
day of this instant February foregoing) were read
by the Clerk, and the Committees appointed to
meet at the Rolls at two of the Clock in the Afternoon of this present day; and the Bill with
a note of the said Committees names was then
delivered to Mr. Cromwell one of the said Committees.
The Bill touching Mortmain, with a note of
the names of the Committees in the same, was
delivered to Humfrey Waring Servant to Mr. Aldersey, one of the Committees in the same Bill,
to be by him delivered to the said Mr. Aldersey;
but it appeareth not certainly in what place or
upon what occasion the said Bill was delivered
to the Servant of the above-named Mr. Aldersey;
for although it be Entred in the Original Journal-Book of the House of Commons amongst
such other matters as were debated in the House,
yet it is most probable it was delivered unto him
out of the House, either after or upon the very
rising thereof.
On Wednesday the 26th day of February, the
Bill concerning Captains and Souldiers was read
the first time, and argued unto by Mr. Outred, Sir
Edward Dymock, Mr. Cromwell, Sir Henry Knyvet, Mr. Treasurer, Mr. North and Mr. Markham;
and afterwards Mr. Cromwell, Mr. Outred, Mr.
Serjeant Walmesley, Mr. North, Mr. Wroth, Sir
William Moor, Sir Edward Dymock, Sir Henry
Knyvet, Mr. Markham and Sir Ralph Bourchier,
were appointed to Article to the said Bill, and
to meet this Afternoon at two of the Clock in
the Exchequer Chamber; and the Bill was delivered to Mr. Cromwell.
Upon a Speech used by Mr. Alford purporting,
that some that had spoken to the said Bill had
uttered some words of rejecting the same Bill and
casting it out of the House, where in very deed
there was no such Speech used at all by any that
had spoken to the said Bill, nor yet any word
tending to such effect; It was upon the Question
resolved by the Judgment of the whole House,
that there had been no such Speech used at all by
any of them that did speak.
Mr. Francis Bacon one of the Committees in
the Bill concerning Forestallers, Regraters and Ingrossers, shewed the meeting and travail of the
Committees in the said Bill, and that they had
made a new Bill, and shewing the reasons moving them so to do sufficiently and at large, offereth in the end the new Bill, and prayeth the
good and speedy expediting of the same.
On Thursday the 27th day of February, the
Bill for four Fifteenths and Tenths and two entire subsidies had its second reading.
Mr Serjeant Puckering and Mr Sollicitor do
bring word from the Lords, that their Lordships
have this morning received a Message from her
Majesty delivered unto them by two of the
Lords of her Majesties most Honourable Privy
Council, which Message their said Lordships of
the Upper House do mind to impart unto this
House, and pray that some convenient number of
this House may to that end be appointed to meet
with fourteen of their Lordships in the Room
next to the Higher House of Parliament either
this present Forenoon, or else to Morrow in the
Forenoon at the choice of this House; and so requiring the answer of this House presently, they
departed, and stayed without in the mean time.
Where the said Message being opened by Mr
Speaker, It was resolved upon the Question, that
twenty eight or thirty of this House should attend upon their Lordships this present Forenoon
accordingly. And then the said Mr Serjeant
Puckering and Mr Sollicitor being called in again, and receiving the answer of this House by
the Mouth of Mr Speaker, all the Privy Council
being of this House and now present, viz. four,
Sir Henry Cobham, Sir Henry Gray, Sir William
Moore, Sir Edward Dyer, Sir George Bary, Sir
Edward Hobby, Sir Edward Dymock, Sir Henry
Knyvet, Sir Thomas Palmer, Sir George Moore,
Mr Serjeant Walmesley, Mr Francis Hastings, Mr
Alford, Mr Wroth, Sir Richard Knightly, Sir Robert Jermin, Mr Heydon, Mr Recorder of London, Mr Beamond, Mr Cook, Mr Beale, Mr Cradock, Mr Markham Mr Lieutenant of the Tower,
Mr Tho. Knivet, Mr Cromwell, Mr Richard Brown,
Mr Conisby, Sir Philip Butler and Mr. Outred were
nominated and sent up to the Higher House to attend the said fourteen Committees of the Lords
touching their imparting unto this House the said
Message delivered unto them from her Majesty, and
the paper Bill touching Purveyors was deliver'd
to Mr. Cromwell one of the said Committees, and
the Note of the Committees names to Mr. ViceChamberlain.
Mr Recorder one of the Committees in the Bill
for Reformation of disorders of common Inns and
other Victualling Houses, shewed the meeting and
travail of the Committees, and some Causes which
moved them to deal only with that part thereof
which concerneth Casks and the Gaging of Vessels
for Beer and Ale, and so offereth a new Bill for that
purpose, with request for good expediting thereof.
Mr. Apsley moved this House touching the
great inconveniences grown by the great number of Pluralities and Non-Residents, and offereth a Bill for Reformation thereof, praying the
same might be presently read, which was so done
by the order of the House accordingly.
The Council and the Residue returned from
the Lords, and Mr. Treasurer reported that my
Lord Treasurer shewed them that the Message
from her Majesty delivered this day unto the
Lords of the Upper House, was concerning two
Bills lately passed this House and sent to the Upper House, the one concerning Purveyors and
the other touching Process and Pleadings in the
Court of Exchequer, a thing misliked of her
Majesty in both those Cases, the one tending to
the Officers and Ministers of her own Household,
and the other to the Officers and Ministers of
her own Court of her own Revenues; in both
of which if any should demean themselves any
way unlawfully or untruly, her Majesty was of
her self (he said) both able and willing to see
due Reformation, and so would do to publick
example of others upon any of the said Officers
or Ministers which at any time should be found
to offend in any particularity either in her said
Household or in her said Court. Whereupon
after sundry Motions, Speeches and advices what
might best be done for satisfying her Majesty of
the doings of this House concerning their dealings in both the said Bills either by way of excuse or confession or otherwise howsoever; It
was in the end resolved to make choice of some
Committee of this House both to consider further of the course, and also to search such Precedents as might best serve for that purpose; And
then were named the said former Committees,
and Mr. John Hare, Mr. Morrice, Mr. Clark, Mr.
Liefield, Sir Francis Gudolphin and Mr. Augyer
were added unto them, and appointed to meet
to Morrow in the Afternoon at two of the Clock
in the Star-Chamber. Vide concerning this business on Monday the 17th day of this instant February foregoing, & in principo bujus diei; and
touching the other matter, being the Bill of
Purveyors, see upon Saturday the 15th day of
this instant February last past, & de utrisq; materiis vide diem Martis diem 4 Martii sequentem,
& diem Jovis diem 6. ejusdem mensis, & diem
Sabbathi diem 8. & diem Lunæ diem 17.
On Friday the 28th day of February, Four
Bills of no great moment had each of them one
reading; of which the last being the Bill for
maintenance of the Pier of Hartilpool was upon
the second reading committed unto Mr George
Cary, Mr Stubbs, Mr Beale, the Burgesses of Newcastle, Lin and Yarmouth and others, who were
appointed to meet to Morrow in the Afternoon
in the Exchequer Chamber at two of the Clock;
and the Bill was delivered to Sir Edward Hobby
one of the said Committees.
The Bill also touching Costs to be recovered
against common Informers had its first reading,
and upon a further Motion was read again for
the second reading, and upon the question Ordered to be Ingrossed.
Upon some Motions had touching a Scruple
conceived yesterday by some few of this House
upon putting of the Bill of Subsidy to the question of Ingrossing, it was by divers and sundry
Members of this House at this time delivered in
their Speeches, that it was not any way meant
by any Member of the House to have the said
Bill then longer deferred from ingrossing upon
that question in any other respect than only to
the end that some such as then seemed to offer
some Provisoes or Speeches to the said Bill, might
first be further heard; and partly also that some
other necessary Bills for the Common-Wealth
might the better be treated of and expedited in
the mean time before the said Bill of Subsidy (if
it were so soon ingrossed) were prepared so
ready to the passing, upon their conjectural
opinions that when the Subsidy Bill were once
passed the House, the end of this Session of Parliament was like to ensue shortly after. And then
afterwards the said Bill was upon the question
Ordered to be ingrossed accordingly.