On Monday the second day of April, the Bill
concerning Woollen-Cloths called Devonshire
Kersies or Dozens, was upon the second reading
committed unto the Knights and Burgesses of Devon, Mr. Serjeant Harris, Mr. George Moore and
others, and the Bill was delivered unto Sir Thomas Dennis one of the same Committees, who
with the rest were appointed to meet at two of
the Clock this Afternoon in the Exchequer
Six Bills were sent up to the Lords by Mr. Treasurer and others; of which the first was the Act
for Confirmation of the Subsidies granted by the
Clergy; and another touching the Lands of Sir
Francis Englefield Knight, Attainted of High
Treason; the residue being of no great moment.
Sir William Brunker, one of the Committees
in the Bill concerning Spinnersand Weavers (who
had been appointed on Monday the 26th day of
March last past) shewed, that the Committees
had met, and upon Conference amongst them
thought good to make a new Bill: And so bringing in both the old Bill and the new, prayed the
reading of the said new Bill.
The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens
Majesties Reign, Intituled An Act to retain the
Queens Majesties Subjects in their due obedience,
with some Amendments to the same, had its first
Three Bills of no great moment had each of
them one reading; of which the second being
the Bill against counterfeiting of Counsellors
hands, &c. was read the third time, and dashed
upon the Question.
The Bill for relief of maimed Souldiers and
Mariners was twice read, and committed unto
all the Privy-Council, the Knights and Burgesses
of London, the Burgesses of York and others, who
were appointed to meet this Afternoon at two
of the Clock in this House.
Nota, That certain Members of the House
were appointed to draw a Bill for the relief of
maimed Souldiers and Mariners on Monday the
12th day of March foregoing, which Bill being
so drawn, was upon Saturday the 24th day of the
said March upon the second reading referred to
certain Committees, and was lately upon Wednesday the 28th day of the same Month upon
the Motion of Sir Robert Cecil one of the said
Committees withdrawn out of the House and
no further proceeded in, and thereupon the aforesaid new Bill preferred this day and twice
Mr Serjeant Owen and Mr. Doctor Carey do
bring from the Lords the Bill for restraining of
Popish Recusants to some certain places of a
bead, lately passed this House with some Amendments; shewing, that the Lords liking very well
of the said Amendments have inserted those Amendments into the said Bill accordingly. And that
their Lorships have further thought good to add
unto the said Bill a Proviso, for Explanation of
the Branch of the said Bill which concerneth the
matter only of abjuration, have passed the said
Proviso, and affiled the same to the said Bill,
and sent it down to this House, to be also passed here if this House shall so think meet.
On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read,
and committed to the former Committees (who
had been appointed on Monday the 26th day of
March foregoing) and Mr. Wroth and the Burgesses of York and Norwich were added untothem.
Sir Thomas Denis, one of the Committees in the
Bill concernning Devonshire Kerseys and Dozens
(appointed yesterday) shewed the meeting of
the Committees, and that they have in some few
things amended the Bill, praying the reading of
the said Amendments; which being thereupon
twice read, the Bill upon the question was ordered
to be ingrossed.
The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock, Mr Stevenson, the Knights and Burgesses
for London, Mr Wroth, Mr Peak, and the Burgesses for Oxon, Cambridge, Sandwich, and Newcastle Under-line, who were appointed to meet
at two of the Clock this Afternoon in the Exchequer Chamber.
The Return of the Habeas corpus cum Causa
made by the Sheriff of the County of Darby for
Mr Thomas Fitzherbert.
Which short remembrance of this excellent
Precedent (how far an Outlawed man may be a
Burgess of the Parliament) is all that is found in
the Original Journal-Book it self of the House
of Commons. And therefore because there was
much debate concerning it this day, as had been
on divers other days foregoing (viz. on Thursday
the first day, Friday the 2d day, Saturday the
17th day, and on Friday the 30th day of March
last past) have caused it to be transcribed at large
out of the often before-recited Anonymous
Journal, in manner and form following.
The House was informed that the Lord Keeper
had sent the Record of Fitzherbert's Execution
hither to the House. The Chancery men who
brought it were called into the House to the Bar
and were appointed to read it ut Clerici. And the
House appointed the Writ sent out of Chancery
to be annexed unto the Record. The words of
the Writ were Tibi præcipimus quòd capias corpus
Tho. Fitzherbert, quocunque, &c. Dat. apud.
Westm. 7° die Martii. 35 Eliz.
The Sheriffs Return, Deliberatum fuit hoc Breve
15. die Martii super, &c. sed ante adventum istius
Brevis (scilicet) 3° Februarii 35 Eliz. captus fuit
Thomas Fitzherbert, &c.
Mr Dalton said, The Return of the Writ being
made unto another Court, and the Record it
self being in another Court, we cannot be Judges
of the matter, nor enlarge the party. And as
for the Return, methinks it therefore insufficient,
because it was not returned into this Court: And
I see not how we can be Judges of the Return.
For the number of voices in this Cause is not to
be judged for Law, whether it be a good Return
or not; for that which is Law, will notwithstanding rest for Law for all our Voices. Therefore I think that priviledge quæ est privatio Legis
in this Case could not be granted.
Mr Brograve said, As to the matter of priviledge, the Cause to me is very doubtful, because
priviledges in these Causes are very rare, and so the
matter resteth in doubt. This Court for its Dignity and highness hath priviledge, as all other Courts
have; And as it is above all other Courts, so it
hath priviledge above all other Courts; and as it
hath priviledge and Jurisdiction too, so hath it also
Coercion and Compulsion; otherwise the Jurisdiction is nothing in a Court, if it hath no Coercion. Therefore it seemeth unto me, that the
Return of the Writ ought to have been returnned into the Court of Parliament; but whether the Return be to be made into the Upper
House or Lower House, I know not.
For in many Cases we have divided Jurisdictions,
and the Upper House hath Jurisdiction by it self,
therefore if a Nobleman hath a Servant that
were arrested, they might make their Writ of
Priviledge returnable before themselves and give
him Priviledge. And here in this House, if one
that is a Member of this House and have sate
here, be arrested sedente Parliamento, we are to
give him Priviledge. But if he be taken before
his coming hither, it is not in our power to deliver him, but we must have the assistance of other
Courts in such Causes. The use is such in other
Causes: If the Action be a Mahime, whether
this be a Mahime or no the Court will not judge,
until those that have Science in those things affirm it to be so. And so when a matter Ecclesiastical
or Grammatical is in question the opinion of Civilians or Grammarians is known, before the Judgment is given. So in this Court, we ought to
desire Instructions from the Judges of the Realm,
whether in this Cause by the Law we can grant
priviledge or no.
For Priviledge there be two Writs issuing out
of this House; the one is a general Corpus cum
Causa, and this is granted upon apparent cause
of Priviledge: as if a Member of the House
be taken sedente Parliamento. The other Writ
is called a Writ of Parliament; this is granted
when the Cause is to be judged by the Parliament. But whether Priviledge be to be granted
to this party or no, it is not apparent. And in
the Cause the Lord Keeper is not to be Judge;
But here the whole Record is to remain, and
we with the advice and opinion of the Judges are
to consult if the party be to have priviledge.
Therefore seeing the Court hath Coercion in
it self, let us with the advice of the Judges proceed as we have power: For if we give away
our Coercion, we give away our Jurisdiction.
Mr Serjeant Harris said, the Record remaining in Chancery, this House is sufficiently possessed of it, even as in Case of all the Returns of
Knights and Burgesses.
Mr Francis Bacon said, The Return is well,
for the Return is an ensuing of the Writ that
must be made under Seal.
As for taking the assistance of the Judges, it
is a good course; for though we sit here to make
Laws, yet until the new Law is made, the old
Law is of force, and our Conference with them
gives away no resolution from us, but taketh advice only from them.
Vide 38 H. 8. fol. 60. a. Dyer.
Mr Finch said, in my opinion the Return
should have been into this House. For
a Writ of Error sued here, the Writ
used to be returned hither, as it appeareth in 3 E. 3. and 17 Edw. 3. and
1 H. 7.
It would seem by Trewinnards Case 38 H. 8.
that a Writ of priviledge is never returned, but
the party appearing the Court proceedeth.
Mr Speaker desired to know of the House if
for their better Information, they would give
him leave to speak; which the House willingly
Whereupon he said: For the discharge of my
own duty, and informing of your Judgments,
who I know will judge wisely and justly, I will
deliver unto you what I have learned, and what
I have observed; for ever since the lodging of
this Parliament, I have thought upon and searched after this Question, not particularly for this
Cause, but this point, the priviledge of the
House; for I judged it would come in question
for many occasions.
The Question is drawn to two Heads, the
one about the Writ, the other about the Return.
First, Whether the Writ might have gone out
of this House. I will tell you plainly my opinion, I beseech you let me not be ill thought of,
if I be rude in what I say, for it is my fault, I
cannot speak so mildly as some; but my manner
is, that which I speak, I speak sharply and somewhat roundly, but always with this tacite Condition, submitting my self to any better reason
that shall be shown me.
Though any Court of Record hath this Jurisdiction to make out Processes, yet this Court
cannot. Why? this may seem strange, that every
Court in Westminster, every Court that hath
Causes of Plea, every Lords Leet, and every
Court Baron hath his power, that they may make
out Process; yet this Court being the highest of
all Courts cannot; how can this be? The nature
of this House must be considered; for this Court
is not a Court alone; and yet there are some
things wherein this Court is a Court by it self,
and other things wherein it is no Court of it
To know then how we are one House, and
how we can be divided Houses, this would give
great light to the Question.
At the first we were all one House and fat together, by a precedent which I have of a Parliament holden before the Conquest by Edward the
Son of Etheldred. For there were Parliaments
before the Conquest. This appeareth in a Book
which a grave Member of this House delivered
unto me, which is Intituled Modus tenendi Parliamentum; out of that Book I learn this, and if
any man desire to see it, I will shew it him. And
this Book declareth how we all sat together, but
the Commons sitting in presence of the King and
amongst the Nobles disliked it, and found fault
that they had not free liberty to speak. And upon this reason that they might speak more freely;
being out of the Royal sight of the King, and
not amongst the great Lords so far their betters, the House was divided and came to sit
A bold and worthy Knight at the time when
this was sought, (the King desiring a reason of
this their request, and why they would remove
themselves from their Betters) Answered shortly,
That his Majesty and the Nobles being every
one a great person, represented but themselves;
but his Commons though they were but inferiour
men, yet every one of them represented a thousand of men. And this Answer was well allowed of.
But now though we be divided in Seat, be we
therefore divided Houses? No; for if any Writ
of Error be brought, as you shall see a notable
Case in 22 E. 3. this Writ must be returned in
Parliament, that is, to the whole House, and
chiefly then to the Upper House, for we are but
a limb of the House. Now where a Record is removed upon a Writ of Error given to another
Court, the manner is, that the chief of that
Court bring the Writ in his hand to the House:
But humbly sheweth unto the House, that the
Record being remitted out of the Court, no Execution can go forth though the Judgment be
affirmed. The Court of Parliament thereupon
maketh Transcript of the whole Record, and returns the Record again to the Court; but if the
Judgment be reversed, then the Record it self
is Cancelled and rased. This I read in my Book.
For in this Case, whatsoever a man tells me I
believe it not unless I see it written, Non lego non
credo, in these Cases. In the twenty third of the
Queen, I was of Councel with one in a Cause
where we tryed all means to reverse a Judgment,
and brought a Writ of Error in the Parliament,
and the Writ was issuing out of the Parliament,
and upon the fieri facias' was set Domina Regina,
and it was under the Great Seal of England, and
the Writ was returned in Parliament.
So this is plain the Writ is always returnable
in Parliament; but if in Parliament, then of the
Upper House, for of that House we are but a
Limb. This Writ I have seen then thus returned,
but never any man saw a Writ returnable in the
Lower House; so for this I hold the Writ cannot
be returnable into this House.
But now for the Authority we have, for
although this be true, I say, yet I speak not to
take any priviledge from this House; for some
things there are wherein we have Authority all
of us. But this is certain whatsoever we do sedente Parliamento, it is the Act of the whole
Court; for the Lords without the Commons, and
the Commons without the Lords, can do nothing: Now then at the first before the division
of the House, all Writs were returned proximo
Parliamento; but since the division of the House
it hath been always used, and plainly it must be
returned into Chancery.
And to say we cannot have notice of it, nor
cannot judge upon the Record being in Chancery
plainly, we may as well as we do upon the Return of every Burgess which is made into the
Chancery, and the Cause is all one.
And the Chancery in making the Writ will
not alter from that their Warrant made from
this House, which must be according unto ancient form: for waiting the other day upon my
Lord Keeper by your Commandments for the
making of this Writ, I desired to have a recital
added in these words, Quòd cùm existente Parliamento captus fuit, &c. with the recital of the
Cause of priviledge. My Lord Keeper conferring with the Judges upon it, would not allow
it, but thought better the usual form of Habeas
Corpus should be kept without any suspicion of
priviledge, until there appeared a Cause of priviledge for the party.
As for the Book of 38 H. 8. Trewinnards Case
recited in my Lord Diers, I have heard great
learned men say; that that Cause is no good
Law, and that the House did more than was warrantable.
Now for the Motion of Conference with the
Judges, the Case of Thorpe 31 H. 6. is not able
for this point: I have the Record. Thorpe was
Speaker in that Parliament, The Parliament being Summoned to be in June, it was Prorogued
until September; in the mean time, Thorpe was
taken in Execution by the Duke of York; he
notwithstanding this thought to have had the
priviledge of the Parliament. At the next Sessions, the matter being greatly considered, whether he could have a priviledge or no, a Conference was had in the Cause with the Judges; the
Judges being required in humble sort refused,
except it were so that the House did command
them (for in the House of Parliament the chief
Judges and their Judgments are controulable by
the Court) but if the House did command them,
they would be willing to inform them what in
their opinions they knew and thought.
This they did in the great Cause of Thorpe, and
I think we should do well in doing the like.
Now another thing is to be considered, for
Judicis Officium est ut res it a temperari, &c. The
consideration of Time must accompany a Judges
Office, the Parliament draweth to an end, and
this would be done with expedition; so the party was appointed to have his Councel the next
Morning in the Parliament, and they to be heard
and have the advice of the Judges. Vide the Resolution and Conclusion of this business upon
Thursday the 5th day of this instant April ensuing.
Thus far out of the aforesaid Anonymous Journal; the residue of this days Passages and part of
the next are inserted out of the Original JournalBook it self.
Mr Francis Bacon one of the Committees in
this Bill for relief of Maimed Souldiers and Mariners (appointed on Monday the 2d day of this
instant April foregoing) shewed the meeting and
travel of the said Committees and sundry Amendments thought good to be offered by them
to this House; and shewing the same Amendments with the reasons of them to the House, the
same Amendments were well liked of by this
House, and assented to be inserted into this said
Bill; and after the twice reading of the said Amendments, the said Bill so being amended was
upon the question Ordered to be ingrossed.
Four Bills of no great moment had each of
them one reading; of which the first being the
Bill for Naturalizing of Justin Dormer and George
Sheppy born beyond the Seas, had its first reading.
On Wednesday the fourth day of April, Mr
Barker one of the Committees in the Bill concerning Spinners and Weavers (who had been
appointed on Monday the 26th day of March
foregoing) shewed the meeting and travel of
the Committees and their Amendments to the
Bill, praying the reading of the same Amendments; which being read and ordered by the
House to be inserted into the Bill, the same Amendments were afterwards twice read, and the
Bill was upon the Question Ordered to be Ingrossed.
Mr Wroth, one of the Committees in the Bill
concerning Brewers, shewed the meeting and travel of the Committees, and their Amendments
to the said Bill, and prayeth the reading of the
same Amendments; which being read, and Ordered by the House to be inserted in the said Bill,
and also twice read afterwards, was upon the
Question Ordered to be ingrossed.
The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign, Intitled an Act to retain the
Queens Majesties Subjects in their due obedience, with some Amendments to the same, was
read the second time. Upon which divers
Speeches passed in the House before the said Bill
was committed, some of them being of very
good moment. Which because they are omitted
in the Original Journal-Book it self, are therefore supplied out of the often before recited Anonymous Journal in manner and form following.
Sir Thomas Cecill, Doctor Lewen, Mr Sands,
Sir Thomas Heneage, Sir Edward Dimock and
some others spake diversly to this Bill touching
the Explanation of a Branch of the Statute made
in Anno 23 Regin. Eliz. for reducing disloyal
Subjects to their due obedience, as is aforesaid.
Sir Walter Raleigh said, In my conceit the
Brownists are worthy to be rooted out of a Commonwealth: But what danger may grow to our
selves if this Law pass, it were sit to be considered. For it is to be feared, that men not guilty, will be included in it. And that Law is hard
that taketh life and sendeth into banishment,
where mens intentions shall be judged by a Jury,
and they shall be Judges what another means.
But that Law that is against a Fact, is but just;
and punish the fact as severeley as you will.
If two or three thousand Brownists meet at
the Sea, at whose charge shall they be transported, or whither will you send them? I am sorry for it, I am afraid there is near twenty thousand of them in England, and when they be
gone, who shall maintain their Wives and Children.
Mr Finch said, There be great faults in the
Preamble and in the Body of this Bill. It pretendeth a punishment only to the Brownists and
Sectaries, but throughout the whole Bill, not
one thing that concerneth a Brownist; and if
we make a Law against Barrowists and Brownists,
let us set down a Note of them, who they are.
But as the Bill is, not to come to Church, or
to speak against the government established, this
is not the opinion of the Brownists.
The Law that is intituled An Explanation, is
nothing else, save that it hath a name of it. For
Laws Explanatory are no New Laws of themselves, but part of the old; for there ought to
be nothing in the declaratory Law that was not
in the former, as appeareth in the Cause of Surnand and Stowell, the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7.
This Law being allowed to be an Explanation of 25. maketh all the offenders in that
Statute to be Traytors. This Law excepts no
Person; So all are in the former penalties of
that Law: for 23 of Eliz. is only for such as are
of the Romish Religion; and now to make it
include all the opinions, is to make additions to
that but no Explanations.
The Clause of speaking against the Law is very dangerous; For who can be safe from this?
Non Hospes ab hospite tutus. For if a man speak
against Non-Residents, Excommunication as it is
used, or any other abuse in the Church, he incurs
the danger of the Law.
The Clause against Conventicles is very dangerous. For the Conference of any Persons together being of any number, the Prayers of Holy Exercise, being not allowable in any place by
the Law, is an assembling against the Laws: for
the words be very strict, howsoever not contrary
to the Law, the offence is all one.
Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the
Queen, but such as are intended in this Statute,
And the annexing of the words, He must be an obstinate Recusant, and also write and speak, &c. This
is very suspicious, for Obscuris vera is never good.
Whosoever repaireth not to his own Parish
Church is a Recusant within this Law. Vide Apr.
6. die Veneris sequent.
Thus far out of the aforesaid Anonymous,
Journal; the residue of this days passages and
part of the next are transcribed out of the Original Journal-Book it self.
After which said Speeches touching the Bill of
Explanation of the Branch of a Statute made in
the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience,
the said Bill in the end was committed unto all
the Privy Council, Sir Walter Raleigh, Sir Henry
Unton, Sir Francis Hastings, Doctor Jo. James,
Doctor Lewen, Mr Doctor Cæsar, Sir William
Moore, Mr Francis Bacon, Mr Serjeant Harris,
Mr Wroth, Sir Thomas Cecill, Mr Finch, Mr Skinner, Mr Mainard, Mr George Moore, Sir Henry
Cocke, Mr Fuller, Mr. Robert Knowls, Sir William
Knowls, Sir Edward Dymock, Sir Edward Stafford, Mr. Edward Lewkenor, Mr. Henry Brett,
Mr. Periam, Sir Thomas Dennies, Sir Robert Sydney, Mr. Wroth, Sir. William Bowes, Mr. Atie,
Mr. Helcroft, Sir Thomas West, Sir Matthew
Morgan, Mr Berkeley, Mr. Sands, Mr. Boucher, Mr.
John Payton, Sir Richard Molineux, Mr. Tasborough, Mr. Horsey, Mr. Attorney of the Dutchy,
Mr. Finch, Mr. Fuller, Mr. Amersam, Sir George
Cary, and Sir George St Poole, and the Bill was delivered to Mr. Treasurer, who with the rest was
appointed to meet in this House, to Morrow at
two of the Clock in the Afternoon.
Mr. Serjeant Owen and Mr. Attorney General
do bring word from the Lords, that their Lordships do pray Conference with some selected
Members of this House to be held this Afternoon,
touching the Bill for the reviving, continuance,
explanation and perfecting of certain Statutes
lately passed this House, and sent up to their Lordships, and do shew that their Lordships for that
purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and
Mr. Serjeant Owen being sequestred, and the
Message declared to the House by Mr. Speaker,
it was required by the House, that forasmuch as
the Bill last read was then, and long before had
been in dispute and Argument, Answer thereof
might be returned unto their Lordships, that
this House prayeth that a Committee of this House
may rather wait upon their Lordships in the Afternoon (for that the House is now occupied in
Speeches and Arguments to a Bill which came into this House from their Lordships) Which being
so signified to the said Mr Serjeant Owen and Mr
Attorney General accordingly, shortly after Mr
Doctor Carey and Mr Powle brought word from
the Lords, that their Lordships would be ready
this Afternoon to conser with the Committees of
this House, in the Chamber next to the Upper
House. Which done, it was Ordered that the
former Committees of this House, (who had been
nominated on Monday the 28th day of March foregoing) be appointed to attend their Lordships
at the said time and place, and a note of the
Committees names were delivered to Mr Treasurer.
On Thursday the 5th day of April, the Bill for
true Assizing and marking of Timber was read
the second time, and committed unto Mr George
Moore, Mr Dalton, Mr Wroth, Mr Browne, Sir
John Hart and others, and the Bill was delivered
to the said Sir John Hart, who with the rest was
appointed to meet to Morrow at two of the
Clock in the Afternoon in the Exchequer Chamber.
Mr Serjeant Owen and Mr Doctor Powle do
bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth
year of King Henry the Eighth, as well touching
Grants made to his Majesty, as for Confirmation
of the Letters Patents made by his Highness to
others, and do pray from their Lordships the
speedy Execution of the same.
Mr Vice-Chamberlain, one of the Committees
with the Committees of the Lords in the Bill for
reviving, continuing, explanation and perfecting
of certain Statutes, sheweth the meeting and
Conference with the Committees of the Lords,
and that their Lordships have thought good to
add some small Amendments to the said Bill; and
a Proviso also for her Majesties Prerogative in the
point of Transportation of Corn, as the like
whereof was in the Statute of 13° of her Majesties Reign.
Nota, That the business so much before agitated touching Mr Fitzherbert received this day
the final resolution of the House, as is plainly set
down in the often before-cited Anonymous Journal, although it be wholly omitted in the Original Journal-Book it self, which said Cafe was
singly this. Thomas Fitzherberts being elected a
Burgess of the Parliament, two hours after his
Election and before the return of the Writ to the
Sheriff with the Indenture of his Election, the
said Sheriff Arresteth him upon a Capias utlagatum
in an Outlawry after Judgment at the Queens
Suit (as may be collected out of the reasons given
of their said Resolution) and then his Indenture
was returned to the Sheriff. Upon all which matters there grew two Questions; First, whether
the said Mr Fitzherbert were a Member of the
House; And secondly admitting he were, yet
whether he ought to have priviledge. Which
said matters having been formerly much debated
on Thursday the first day, Friday the second, Saturday the 17th day, and on Friday the 30th day
of March last past, as also on Tuesday the third
day of this instant April foregoing, received now
at last the Judgment of the House, which is inserted out of the aforesaid Anonymous Journal
in manner and form following.
The Judgment of the House was, That Thomas Fitzherbert was by his Election a Member
thereof; yet that he ought not to have priviledge in three respects. First, Because he was taken in Execution before the return of the Indenture of his Election; Secondly, Because he had
been Outlawed at the Queens Suit, and was
now taken in Execution for her Majesties debt;
Thirdly and lastly, in regard that he was so taken by the Sheriff, neither sedente Parliamento,
nor eundo nor redeundo.
Thus far out of the aforesaid Anonymous
Journal; the rest of this present Journal that
ensueth to the very end and dissolution thereof
is wholly supplied out of the Original JournalBook it self.
The Bill concerning Clapboards and Casks
(which as it seemeth was read presently after the
foresaid resolution of the House given in the said
Case of Mr Fitzherbert) had the third reading
and passed upon the Question.
Mr Attorney General and Mr Doctor Carey do
bring from the Lords the Bill for renewing, continuing, explanation and perfecting of certain
Statutes, lately passed this House with some Amendments, and a Proviso; which Bill was sent
up to their Lordships from this House.
The Bill for necessary relief of Souldiers and
Mariners was read the third time, and passed
upon the Question.
Upon a Motion made by Francis Neale Esq;,
one of the Burgesses for the Borough of Grantham in the County of Lincoln, That he was upon Sunday last in the Afternoon Arrested upon
an Execution by a Serjeant called John Lightburn, at the Suit of one Wessellen Weblen a BeerBrewer; and shewing further, that he had satisfied the money due upon the said Execution;
but yet nevertheless in regard of the preservation
of the Liberties and priviledges of this House
thought it his duty to make this House acquainted with the matter, and so refer and leave it to
their grave Wisdoms. Whereupon it was upon
the Question Ordered, that the Serjeant of this
House should in the name of this House give
warning unto the said Weblen and Lightborn to
give their attendance upon this House to Morrow, to answer their contempt accordingly. Vide
On Friday the 6th day of March, Two Bills
of no great moment had each of them one reading; of which the second being the Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of
Inmates and Inclosures in and near unto the City
of London and Westminster, was upon the second
reading committed unto all the Privy-Council,
the Knights and Burgesses of London, Mr Francis
Bacon and others; and the Bill was delivered to
Mr Wroth, one of the said Committees, who with
the rest was appointed to meet this Afternoon in
the Exchequer Chamber.
The Bill concerning Devonshire Kerseys was
read the third time and passed upon the Question.
The Proviso in the Bill for reviving, continuing, Explanation and perfecting of certain Statutes (the Amendments being first read and Ordered afterwards to be inserted) was three times
read, and they were all passed upon the question
The Proviso of the Lords to explain the Amendments of this House in the Bill which passed
their Lordships and was sent down to this House
for the restraining of Popish Recusants to some
certain places of aboad, was three times read and
passed upon the Question.
The Bill to make void the Spiritual Livings of
those that have forsaken the Realm, and do cleave
to the Pope and his Religion, was read the third
time and passed upon the Question.
Eight Bills which lately passed this House, viz.
the Bill to give liberty to the Lord Harrowden to
sell certain Lands for the payment of his debts,
The Bill concerning Spinners and Weavers, The
Bill touching Clap-boards and Casks, The Bill for
relief of Souldiers and Mariners, The Bill concerning Devonshire Kerseys, The Bill for reviving
and perfecting divers Statutes, with a new Proviso, The Bill for restraining of Popish Recusants
to some certain places of aboad, And the Bill to
make void the Spiritual Livings of those that
have forsaken the Realm, and do cleave to the
Pope and his Religion, were sent up to the Lords
by Mr Treasurer and others.
Mr Doctor Carey and Mr Powle do bring from
the Lords a Bill Intituled An Act for the avoiding
of deceit used in making and selling of twice
laid Cordage, and for the better preserving of
the Navy of this Realm; and prayed from their
Lordships the speedy expediting of the same
Bill, for that this Parliament draweth near unto
an end. Whereupon the same Bill was twice read
and committed unto Sir Walter Raleigh, Sir Francis Drake, Mr Lewkenor, Mr Wroth, Mr Finch
and Mr Flower; and the Bill was delivered to Sir
Francis Drake, who were appointed to meet in
the Afternoon of this present day.
The Bill against persons Outlawed and such as
will not pay their debts was read the second and
third time, and dashed upon the question.
Mr Vice-Chamberlain, one of the Committees
in the Bill for Explanation of a branch made in
the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties
Subjects in their due obedience, with some Addition to the same, shewed the meeting of the
said Committees yesterday, their long tarrying
together, in the end their desisting without any
determinable resolutions, occasioned by reason of
many and sundry Arguments and opinions, and
afterwards somewhat intimating the unkindness
of the Lords in neglecting the said Bill in this
House; adviseth, that a Conference be prayed
with their Lordships for the better effecting of a
convenient Law to be provided for meeting with
the disordered Barrowists and Brownists, without peril of intrapping honest and loyal Subjects.
Which in the end after sundry Speeches both
with the Motion and against it, it was presently
upon the Question assented unto, and Ordered,
that Mr Vice-Chamberlain, accompanied with a
convenient number of the Members of this House,
should presently repair to the Lords to move the
said Conference accordingly. Which so being
done, the said Mr Vice-Chamberlain shewed,
that their Lordships had willingly assented unto
the said Conference, and did appoint for that purpose the time to be at two of the Clock this Afternoon in the accustomed place. Which done, it
was Ordered that the former Committees (who
were appointed on Wednesday the 4th day of this
instant April foregoing) should then and there
attend their Lordships. And the Bill was delivered to Mr Vice-Chamberlain.
Wesselen Weblen Beer-Brewer and John Lightburn Serjeant at Mace, being present at the Bar,
and charged by Mr Speaker very deeply and amply with their great contempt against the Authority and Jurisdiction of this most High Court of
Parliament, in Arresting of Mr Francis Neale,
one of the Members of this Honourable Assembly, to the great prejudice and derogation of the
antient and usual Liberties and Priviledges of this
House; They the said Weblen and Lightburn humbly submitted themselves, and pretended by Ignorance to extenuate their faults. Which done,
and they being sequestred, after some Speeches
and debates touching the punishment of the said
Weblen and Lightburn, some one way and some
another; it was in the end resolved upon the
Question, that they should be committed Prisoners to the Tower by Order of this House, there to
remain during the pleasure of this House. And
then afterwards the said Weblen and Lightburn being brought in again to the Bar, Mr Speaker remembring again unto them the hainousness of
their offence, pronounced unto them the said
Judgment of this House; and gave charge unto
the Serjeant of this House to deliver the said Weblen and Lightburn unto Mr Lieutenant of the
Tower according to the said Order and Judgment
of this House against them. Vide in principio diei
On Saturday the 7th day of April, the Bill concerning Coopers was upon the second reading
committed unto Mr Serjeant Harris, Mr Dalton,
Mr Wroth and others, and the Bill was delivered
to Sir John Hart one of the same Committees,
who with the rest was appointed to meet at two
of the Clock this Afternoon in the Exchequer
The Bill for Naturalizing of Justin Dormer and
George Sheppy, was upon the second reading Ordered to be ingrossed.
Mr Finch, one of the Committees in the Bill
for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better
preserving of the Navy of this Realm, shewed
the meeting of the Committees and some few Amendments to the Bill, praying the reading of the
same Amendments; which being read and allowed by the House, the said Amendments were
twice read, and the Bill and the said Amendments also read the third time and passed upon
the Question accordingly.
Sir John Hart, one of the Committees in the
Bill for the true assizing and marking of Timber
(appointed on Thursday the 5th day of this instant April foregoing) shewed the meeting of
the Committees, and their opinion of nothing
fit to be done without much inconvenience in
the said Bill at all, and so delivereth in the said
Bill again to the House.
The Bill for the Explanation of the Statute
made in the thirty fourth year of King Henry the
Eighth, as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made
by his Highness to others, was upon the second
reading committed unto all the Privy-Council,
Mr Amersham, Mr Attorney of the Dutchy, Sir
Francis Drake, Sir Walter Raleigh and others;
and the Bill was delivered to Mr. Chancellor of
the Exchequer, together with the Committees
Names, who with the rest was appointed to meet
at two of the Clock this Afternoon in the Exchequer Chamber.
Mr. Tasborough moveth the reading of the Amendments of the Bill for the ease of Jurors returned upon Tryal, which Amendments being
twice read, the Bill was upon the Question Ordered to be ingrossed.
Mr. Vice-Chamberlain, one of the Committees
in the Bill for Explanation of a branch of a Statute made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens
Majesties Subjects in their due Obedience, with
some Additions to the same (who had been appointed on Wednesday the 4th day of this instant
April foregoing) shewed the meeting with the
Lords in Conference, and withal the very honourable and grateful acception and allowance
of their Lordships unto all the reasons of this
House offered unto their Lordships by the said
Committees of this House; and so concluding
shewed that such Additions, Substractions and
Alterations have been made, as by the good liking as well of the said Committees of the Lords,
as by the more part of the said Committees of
this House was thought fit; and so moved that
the same Additions, Substractions and Alterations might be read to the House for the further
liking of this House in the same, at their pleasures. Which being so read accordingly, it was
after sundry contrary Arguments Ordered, that
some of the former Committees of this House
should presently have further consideration
thereof in the Committee Chamber of this
House, which was thereupon so done accordingly. Vide concerning this matter on Wednesday the 4th day of this instant April foregoing.
Mr Serjeant Owen and Mr Doctor Ford do
bring from the Lords the Bill lately passed this
House for Mr Anthony Cooke, with a saving now
added by their Lordships; And the Bill also
for the Relief of Souldiers and Mariners, likewise lately passed this House, with some Additions now also added to the same by their Lordships.
The saving in the Bill for Mr Anthony Cooke
lately sent down to this House from the Lords,
was three times read, and so passed upon the
The additions in the Bill for the relief of Souldiers and Mariners lately sent down to this House by
the Lords were three times read, and upon the
Question passed, and were ordered to be inserted
into the same Bill.
The Bill concerning Brewers and the Brewing of Beer and Ale was read the third time,
and passed upon the Question.
The Bill for maintenance of Cloth-making
in the Town of Crambrook in the County of
Kent was read the second time, and Ordered
not to be committed.
The Bill for naturalizing of Justin Dormer and
George Sheppy had its third reading, and passed
upon the Question.
The Bill for Explanation of a Branch of a Statute made the 23th of her Majesties Reign, intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Additions to the same, was read the third time; And
all the Additions and Amendments of this House
to the same Bill being also three times read, the
said Bill with some Additions and Amendments
passed upon the Question.
On Monday the 9th day of April, Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at
Mace Prisoners at the Bar, are after admonition
given them by Mr Speaker discharged by the Order of this House of their Imprisonment, paying their Fees. Vide concerning this matter on
Thursday the 5th day and on Friday the 6th day
of this instant April immediately foregoing.
Mr Chancellour of the Exchequer, one of the
Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen.
8. as well touching Grants made to his Majesty,
as for Confirmation of Letters Patents made by
his Highness to others, shewed the meeting of
the Committees, and that they have considered
of some small amendments; and shewed further,
that four several Provisoes were offered to them
touching the said Bill, one by Mr Adams and one
by Mr ..... Tipper, and one by Mr Daws; and so
offereth both the Bill and the Amendments, and
the said former Provisoes also, leaving all the same
to the further consideration of this House.
Six Bills which last passed this House; of which
the first was the Bill for avoiding of deceit used
in making and selling of twice laid Cordage,
and for the better preserving of the Navy of this
Realm, and the second for Mr. Anthony Cook,
were sent up to the Lords by Sir Robert Cecil and
Upon sundry arguments touching the Proviso
offered by Sir Thomas Shirley to the Bill for
Explanation of the Statute of 34 Hen. 8. &c.
it was upon the Question denied to be received,
and the Proviso for Mr. Stanhop was upon the
Question and division of the House denied to be
received, with the difference of forty Persons,
viz. with the No one hundred twenty nine, and
with the Yea eighty nine.
Mr. Serjeant Owen and Doctor Carey do bring
word from their Lordships that their Lordships
do desire to know whether this House have any
Bills ready to send up unto them, shewing that
their Lordships are now at good leisure: And
willed them to put this House in remembrance
of the expediting of two Bills which were sent
from their Lordships to this House, viz. the
Bill for Explanation of the Statute made in the
thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty, as also for
Confirmation of Letters Patents made by his
Highness to others; and the Bill for restraint
of new Buildings, &c. Which Message being
opened to the House, Answer was made that one
of the said Bills being presently in debate in the
House, should by and by be returned unto their
The Bill for Explanation of the Statute made
in the thirty fourth year of King Hen. 8 as well
touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others, was read the third time, and passed upon the Question, and was presently sent
up to the Lords by Mr. Vice-Chamberlain and
Mr. Fuller, one of the Committees in the Bill
for restraint of new Buildings and converting of
great Houses into several Tenements and restraint
of Inmates, and Inclosures in and near the Cities
of London and Westminster (who had been appointed on Friday the 6th day of this instant
April foregoing) shewed the meeting and Travel of the Committees and their Opinions for
leaving out of one Clause in the Bill, and gave
the Reasons; which being liked of and allowed
by the House, the Bill was read the third time,
and after many Arguments both for the Bill
and against the Bill, it passed upon the Question.
On Tuesday the 10th day of April Sir John Hart,
one of the Committees in the Bill concerning
Coopers (appointed on Saturday the 24th day of
March foregoing) brought in the Bill again, as
not dealt in by the Committees for lack of convenient time.
The Bill for restraint of new building, converting of great Houses into several Tenements, and
for restraint of Inmates and Inclosures in and near
unto the Cities of London and Westminster,
with one amendment to the same Bill, was sent up
to the Lords by Mr Treasurer, Sir John Wolley
and others, with a remembrance to move their
Lordships for sending down the Bill for the
Grant of three intire Subsidies and six Fifteenths
and Tenths granted by the Temporalty, to the
end Mr Speaker may this Afternoon present the
same unto her Majesty according to the former
accustomed usage of this House.
Mr Serjeant Owen, Mr Attorney General and
Mr Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most
Gracious general and free Pardon.
The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was
read, and then passed upon the Question, and was
presently sent up to the Lords by Mr. Chancellor of the Exchequer and others.
This day in the Afternoon the Queens Majesty came into the Upper House of Parliament,
and there sitting in her Royal Throne, Mr Speaker
accompanied with the Knights, Citizens and Burgesses of the House of Commons, repaired unto
the said Upper House, where making an Excellent
Oration unto her Highness, and giving unto her
Majesty most humble thanks on the behalf of this
House for her Highness most gracious and favourable acceptation of their dutiful service, and
offering unto her Majesty in their names the Act
for three intire Subsidies and six Fifteenths and
Tenths, her Highness gave the Royal assent to
fourteen publick Bills and thirteen private Bills,
and so dissolved this Parliament.