January 1598
This day this Court was Adjourned until the
11th day of January next coming at eight of the
Clock in the Morning by her Majesties Commandment, and so likewise the Upper House.
Upon which said 11th day of January being
Wednesday, the House (according to the aforesaid Adjournment upon Tuesday the 20th day of
December last past) met again, and without any
further Ceremony proceeded in such ordinary
Bills and businesses as had been left unperfected
in the former meeting; the first of which that
is expressed in the Original Journal Book of the
House of Commons, was the giving of the first
reading unto the Amendments and Provisoes of
the Lords added unto the Bill lately passed in
this House and sent up to their Lordships, and
again returned from them with the said Amendments and Provisoes, being Intituled An Act for
the erecting of Houses of Correction and punishment of Rogues, Vagabonds and Sturdy
Beggars.
The Amendments and Provisoes of the Lords
in the Bill lately passed in this House, Intituled
An Act for the relief of the Poor, were likewise
this day read in the House for the first reading
of the same Amendments and Provisoes.
The Bill for Arthur Hatch her Majesties Ward
for the injoying of the Rectory and Parsonage
of South-Molton in the County of Devon for certain Years, reserving the usual Rent, was read
the first time.
The Bill concerning the High-way Lands of
Ailesbury in the County of Buckingham was upon
the second reading committed unto Mr Chancellor of the Exchequer, Mr Recorder of London,
Mr Lea, the Burgesses of Aylesbury, Mr Boyer,
and others; who were appointed to meet in the
Inner-Temple Hall at two of the Clock in the Afternoon of this day.
Mr Hext, one of the Committees in the Bill
against wandring Souldiers and Mariners, and in
the Bill concerning Lessees and Patentees, shewed
that for lack of meeting of the Committees to
a convenient number they had done nothing in
those Bills, and so prayed another time for their
meeting. Whereupon the former Committees
(who had been nominated on Saturday the third
day, and on Wednesday the 7th day of December
foregoing) were appointed to meet to Morrow
at Serjeants-Inn Hall in Chancery-lane, at two of
the Clock in the Afternoon for the said Bill against wandring Souldiers and Mariners, and the
Bill and Committees names were delivered to
Mr Hext one of the said Committees: and the
further course of the said Bill concerning Lessees
and Patentees to be deferred to be further considered of by the former Committees in the
same.
The Bill for Limitation of time for bringing of
Formedons in the Descender, and Writs of Error,
was upon the second reading committed unto
Mr Serjeants Heyle, Harris and Walberton, Mr Attorneys of the Dutchy and Court of Wards, Mr
Sands, Sir Edward Hobby and divers others, who
were appointed to meet to Morrow in the Afternoon at two of the Clock at Serjeants-Inn Hall
in Chancery-lane.
The Bill for Costs to be awarded in a Prohibition, was upon the second reading committed to
the former Committees, to meet at the former
day and place, and Mr. Doctor James, Mr. Doctor Bennit, Mr. Doctor Cæsar, Mr. Doctor Parkings, Mr. Doctor Crompton and others were added unto them for this Bill.
The Amendments and Proviso of the Committees in the Bill to prevent double payments of
Debts upon Shop-Books was deferred till to
Morrow to be further considered of, for the perfecting of the same, above in the Committees
Chamber for this House.
The Bill lastly for taking away of Clergy
from Robbers of Houses in the day time, though
no person be therein, was read the first
time.
On Thursday the 12th day of January, Three
Bills had each of them one reading; of which
the last being the Bill for the due execution of
Ordinances made by Corporations, was upon the
second reading committed unto Mr. Philips. Mr.
Serjeant Walberton and others, who were appointed to meet to Morrow in the Afternoon
at two of the Clock at Serjeants-Inn in ChanceryLane.
The Bill to restrain the excessive making of
Mault was read the second time and committed to
the former Committees which had been in two
other Bills before framed to this purpose (whereof the first had its second reading, and was committed upon Wednesday the 9th day of November
foregoing, and then as it seems being rejected
by the Committees, a new Bill was to that purpose by them framed, which had its second reading on Wednesday the 7th day of December foregoing, and was thereupon committed to the former Committees and some others, who, as may
very plainly be gathered, disliking the said new
Bill, framed yet a third Bill more to the like effect, which was this present Thursday read the
second time and committed to all the former
Committees in the two other Bills; whose names
because they are in the former Commitments but
in part set down, are now at last in this place inserted at large, in respect that the said Bill touching Maultsters was so often altered, which is not
usual, the names of which Committees were as
followeth, viz. Sir Robert Wroth, Mr. Hubberd,
Mr. Liere, the Burgesses of York, Hull, Worcester
and Gloucester, Mr. Bembridge, Mr. Henry Yelverton, Mr. Wallis, Mr. Oglethorp, Mr. John Caswell, Sir Henry Norris, Mr. Henry Vaughan, Mr.
Green, Sir Henry North, Mr. George Rotheram,
Mr. William Ford, Mr. Miles Sandes, Mr. Recorder of London, Mr. Stevenson, Mr. Michael Stanhop, Mr. Swaine, Mr. Little, Mr. Fulk Grevill, Mr.
Peake, Mr. Litten, Mr. Nathaniel Bacon, the Burgesses of Norwich and Cambridge, Warwick, Coventry and Tewxbury, Sir Thomas Hobby, Mr.
Winch, Mr. Yelverton, the Knights and Burgesses
of Bedford, Sir William Brereton, Mr. Austen, Mr.
Henry Hubberd, Mr. Serjeant Walberton, Sir Francis Knolles, Mr. Edward Lewkenor, Mr. Stoughton,
Mr. Stringer, Doctor Bennit, Mr. Smith and Sir
John Tracy; and the Bill and Committees names
were delivered to Mr. Hubberd, one of the said
Committees, who with the rest was appointed
to meet to Morrow at two of the Clock in the
Afternoon at Serjeants-Inn in Chancery-lane.
Mr Attorney General and Mr Doctor Stanhop
did bring word from the Lords, that whereas
there did pass a Bill in this House intituled An
Act for the increase of People for the service and
strength of the Realm, which was sent up to
their Lordships by this House, their Lordships
have had the same Bill twice read in the Upper
House with their Lordships; and did further
signify that their Lordships did desire a Conference touching that Bill with a Selected Number
of the Members of this House; and that their
Lordships had appointed thirty one of themselves for that purpose, and have appointed the
place of meeting to be in the great Council
Chamber at the Court between one and two of
the Clock in the Afternoon. Upon the delivery
of which Message to the House by Mr Speaker,
there were appointed for the said Conference
all the Privy Council being Members of this
House, Sir Thomas Cecill, Sir Walter Raleigh, Sir
William Cornewallis, Mr Francis Bacon, all the
Serjeants at Law, Mr Fulk Grevil, Sir Robert
Wroth, Sir William Moore, Sir Thomas Conisby,
Sir George Carey, Mr. Sollicitor, Master Philips,
with divers others.
And it was then further Ordered, that the
two Commitments this day appointed to have
been holden to Morrow in the Afternoon in Serjeants-Inn in Chancery-Lane, should be deferred
unto Saturday next in the Afternoon in the said
place; And that Mr. Comptroller with some other Members of this House do presently repair
unto the Upper House to move their Lordships
on the behalf of this House, that their Lordships
would be pleased to set down in writing unto this
House the reasons their Lordships have to object
against the said Bill, That the said Committees
of this House may be the better informed to satisfy their Lordships therein to Morrow at the
said Conference.
Mr. Comptroller with other the Members of
this House returning from the Lords shewed, that
they have moved their Lordships for the having
of the said Reasons delivered unto this House in
Writing, according to the Charge of this House
delivered unto him and them by this House in
that behalf; and that their Lordships Answer
was, that they did think it to be against the ancient Orders of Parliament to deliver any reasons in writing before a verbal Conference first
had of both Houses together, which was to be
done to Morrow. Vide Jan. 24. postea.
The Bill for the Hundred of Beynersh aliàs
Benherst in the County of Berks was read the
second time, and upon the question was Ordered to be ingrossed.
The Amendments this day made by some of
the Members of this House above in the Committees. Chamber of this House in the Bill to prevent double payment of debts upon Shop-Books,
were twice read, and upon the question were
Ordered to be ingrossed.
The Amendments and Provisoes of the Lords
to the Bill lately passed in this House, intituled
An Act for the erecting of Houses of Correction
and punishment of Rogues, Vagabonds and
Sturdy Beggars, being twice read for the second and third reading of the same Amendments
and Provisoes, were together with the said
Bill after sundry Speeches first had, referred to
the further Examination and Consideration of
Sir Walter Raleigh, Mr. Francis Bacon, Mr. Sollicitor, Mr. Lewkenor, Mr. Wingfield, Sir Edward
Hobby, Sir William Cornwallis, Mr. Hext, Mr. Serjeant Harries and Sir Robert Wroth, who were
appointed to meet this Afternoon together with
the other Committees in the Bill against wandring Souldiers and Mariners, at Serjeants-Inn n
Chancery-Lane.
Mr. Serjeant Drew and Mr. Dr. Stanhop did
bring from the Lords one Bill lately passed this
House and sent up to their Lordships, Intituled
An Act for the naturalizing of certain Englishmens Children and others born beyond the Seas,
and do shew that their Lordships have passed the
same Bill with some Amendments of their Lordships in the same Bill.
The Learned Councel for the Hospital of Warwick being this day present at the Bar in this
House, and no Councel at all for any adverse
party then appearing to be present, it was resolved that one ...... Ognell being Prisoner in the
Fleet should be advertized by Mr. Serjeant Harris, that to Morrow is given for him to bring
his Councel into this House, if he so will at his
own peril. And further it is resolved, that if the
said Ognell shall not then bring his Councel accordingly, this House will then further proceed
for the behalf of the said Hospital as shall appertain without further delay.
The Bill to reform deceits and breaches of
trust touching Lands given to Charitable uses,
was read the first time.
On Friday the 13th day of January, Two Bills
of no great moment had each of them one reading; of which the second being the Bill concerning Garret de Malines, and John Hunger
Merchants Strangers, was upon the second reading committed unto the Knights and Burgesses of
London, Mr. Thomas Smith, Sir Walter Raleigh,
Mr. Oldsworth and others; and the Bill and Committees names were delivered to Sir John Hart,
one of the Committees, who with the rest was
appointed to meet upon Monday next at two of
the Clock in the Afternoon in Serjeants-Inn in
Chancery-lane.
Mr. Oldsworth, one of the Committees in the
Bill for the erecting and building of a Bridge
over Wye at Wilton upon Wye, near the Town of
Rosse in the County of Hereford (who were appointed on Monday the 12th day of December
foregoing) shewed the meeting and travel of the
Committees, with some Amendments by them
in the Bill, and so delivered in the said Bill into
the said House.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill concerning the suppression of unlawful
and unsized Bread, was upon the second reading
committed unto the Knights and Citizens of London, Mr. Edward Hubbard, the Burgesses for
Chester, Worcester, Oxford, Bristol, Winchester
and Cambridge, Serjeant Harris and others, who
were appointed to meet to Morrow in the Afternoon at two of the Clock at Serjeants-Inn in
Chancery-lane, and the Bill and Committees names
were delivered to Mr Recorder of London.
The Learned Councel on both Parties concerning the Bill for the Hospital of Warwick being
present at the Bar, and heard at large, it was after sundry Arguments and Speeches both against
the Bill and with the Bill Ordered upon the question to be ingrossed.
Sir Walter Raleigh, one of the Committees in
the Bill against wandring Souldiers and Mariners,
and for conferring some part of the same Bill,
with the Lords Amendments and Provisoes in the
Bill lately passed in this House Intituled, An Act
for the erecting of Houses of Correction and
punishment of Rogues, Vagabonds and Sturdy
Beggars, shewed the meeting and travel of the
Committees, and that they do think it convenient that some Conference be prayed with the
Lords by this House as well touching some parts
of their Lordships said Amendments and Provisoes, as of some parts of their Lordships said Amendments tending to the body of the said Bill:
Upon which it was after some few Speeches had
by some Members of this House concerning the
said Motion, thought good to respite any further proceeding in the said Motion for Conference till to Morrow, in regard partly that another Conference is already appointed to be had
this Afternoon with their Lordships at the Court
by certain Committees of the House upon a former appointment.
Mr Finch, one of the Committees in the Bill
for Costs in a Prohibition (who were appointed
on Wednesday the 11th day of this instant January foregoing) shewed the meeting and travel of
the Committees, with some their Amendments
to the Bill; and so delivered the Bill into the
House; which Amendments being twice read,
and the Bill after sundry Speeches further then
also in some part altered, the Bill was upon
the Question Ordered to be ingrossed accordingly.
Mr John Acton, one of the Burgesses for
Droitwich in the County of Worcester, is for his
special business licensed by Mr. Speaker to depart.
On Saturday the 14th day of January, Two
Bills of no great moment had each of them one
reading; of which the second being the Bill to
reform deceits and breaches of trust touching
Lands given to charitable uses was upon the second reading committed unto Mr. Serjeant Harris, Mr. Serjeant Lewkenor, Mr. Serjeant Warberton, the Knights and Burgesses for London, Mr.
Miles Sands, Sir Robert Wroth and others; and
he Bill and Committees names was delivered to
Mr. Serjeant Harris, who with the rest was appointed to meet upon Monday next at two of
the Clock in the Afternoon at Serjeants-Inn in
Chancery-lane.
The Bill for the reviving, Continuation and
Explanation and perfecting of divers Statutes
was upon the second reading committed unto all
the Privy-Council being Members of this House,
Sir Walter Raleigh, Sir Edward Hobby, Mr. Anthony
Wildman, Mr. Sollicitor, Mr. Francis Bacon, Sir
George Carey, Mr. Fulk Grevill, Sir Oliver Lambert, Mr. Brograve, Attorney of the Dutchy, with
divers others, who were appointed to meet in
the Exchequer Chamber upon Tuesday next at
two of the Clock in the Afternoon.
Mr. Attorney General and Mr. Doctor Stanhop
coming from the Lords, Mr. Attorney shewed,
that whereas Yesterday in the Conference at the
Court by the Committees of both Houses it pleased their Lordships to appoint him to deliver unto the Committees of this House such defects as
their Lordships did conceive to be in the Bill
lately passed in this House, for the increase of
people for the service and defence of the Realm,
which he then did so deliver accordingly; at
which time the same was verbally answered but
only by one of the said Committees of this House,
and that also with protestation of no advantage
to be taken thereby to the prejudice or hindrance
of the Bill: At which time also, as it was prayed
by the said Committees of this House, that their
Lordships would vouchsafe to set down the said
pretended defects in writing, and their Lordships
then assented so to do; so their Lordships did
now send down the same in writing unto this
House accordingly. And so the said Mr. Attorney did deliver the same to Mr. Speaker, and
then departed. Vide January the 24th Tuesday
postea.
The Bill for Arthur Hatch her Majesties Ward
for the enjoying of the Rectory and Parsonage
of South-Molton in the County of Devon, for
certain years reserving the usual rent, was read
the third time and passed upon the Question.
Sir Walter Raleigh renewing the Motion for a
Conference to be prayed with the Lords concerning their said Amendments and Provisoes in
the Bill for erecting of Houses of Correction and
punishment of Rogues and Sturdy Beggars, for
the better reconciling of the same with the Bill
now begun in this House against wandring Souldiers and Mariners, it was thereupon thought
convenient by this House that he the said Sir Walter Raleigh accompanied with a convenient number of the Members of this House, should presently repair to the Upper House to move
for the said Conference accordingly.
Sir Walter Raleigh and the residue returning
from the Lords, after the Bill to prevent double
payment of Debts upon Shop-Books had been
read the third time and passed the House, he
shewed that they moved their Lordships for the
said Conference on the behalf of this House, and
that their Lordships have thereupon appointed
six of themselves to meet for that purpose with
a convenient number of the Members of this
House upon Monday next at eight of the Clock
in the Morning in the second Chamber of the
Upper House: And did further shew unto this
House, that when he and the residue (after the
said Motion made unto their Lordships for the
said Conference) did attend their Lordships Answer, and were called in to receive the same, their
Lordships did then deliver the said Answer unto
the said Members of this House at the Bar, not
using any of their Lordships former and wonted
courteous manner of coming down towards the
said Members of this House to the Bar, but all
of them sitting still in their great Estates very solemnly and all covered, the Lord Keeper sitting
also still in like manner covered, delivered the
said Answer unto the said Members of this House,
to the great indignity of this House, and contrary to all former usage of their Lordships heretofore towards the Members of this House in
like Cases accustomed. Whereupon their Lordships innovation being misliked of by sundry
Members of this House very much, and in some
part debated by them, for further resolution
thereupon there were nominated and appointed
for that purpose Mr. Comptroller, Sir Walter
Raleigh, Mr. Grevill, Sir Robert Wroth, Sir Oliver Lambert, Mr. Hext, Mr. Chancellor of the
Exchequer, Sir Anthony Mildmay with many
others, who were appointed to meet this Afternoon at two of the Clock in Serjeants-Inn in
Chancery-lane, to inform themselves in the said
Cause against that time of Conference accordingly. Vide on January the 12th Friday, residuum
istius materiæ.
Mr. Bacon reciting in part the proceedings
Yesterday in the Conference with the Lords at
the Court, and putting the House in mind of
the Objections of the Lords, delivered this day
in writing by Mr. Attorney General, moved for
a Committee of some selected Members of this
House to be nominated to confer and consider
upon the said Objections for the better answering
of the same to the maintenance of the Bill. Whereupon some desiring that the said Objections
might be read, all was then further deferred till
Monday next, the time being now far spent, and
the House ready to rise.
On Monday the 16th of January, Two Bills
had each of them one reading; of which the
first being the Bill for explanation and addition
of an Act of Quinto Reginæ for maintenance of
the Navy, was read the first time.
The 31. Objections of the Lords touching the
Bill lately passed in this House, and sent up to
their Lordships, Intituled An Act for the increase
of People for the service and defence of the
Realm, were read to the House upon the Motion of Mr Francis Bacon, who after the reading of the aforesaid objections moved eftsoons
for a Committee of some select Members of this
House to have some speedy Conference together
to their better maintenance of the said Bill, and
answering or confuting the said Objections.
Whereupon were nominated and appointed
these following, viz. All the Privy Council being Members of this House, Sir Thomas Cecill,
Mr Francis Bacon, Mr Sollicitor, Mr Brograve,
Attorney of the Dutchy, Mr Serjeant Warberton,
Mr Serjeant Harries, Mr Serjeant Heyle, Mr Serjeant Lewkenor, Mr Serjeant Williams, Mr Miles
Sands, Mr Francis Moore, Mr Combes, Mr Philips, Mr. Crew, Sir Walter Raleigh, Mr. Lawrence
Hide, Mr. Yelverton, Mr. Robert Wingfield, Mr.
Wiseman, Mr. Recorder of London, Sir Anthony
Mildmay, Sir Edward Hobby Sir Thomas Conisby,
Mr. George Crooke and Mr. Humphrey Conisby, to
meet this Afternoon at two of the Clock in the
Exchequer Chamber for that purpose, and the
Objections and Committees names were delivered to Mr. Comptroller. Vide January the twenty
fourth.
Sir Edward Hobby moved that the Serjeant of
this House be commanded to call Leicester to appear in the House for the serving of a Subpœna
upon Sir Henry Norris, and also to warn one
Stevens.
Whereupon Mr. Arnold moved for the like
Order for a Privy Seal served upon him by a
Member of this House Returnable into the Court
of Wards. But what farther proceeding there
followed in either of the matters is very negligently omitted in the Original Journal-Book of
the House of Commons.
Mr. Wingfield, one of the Committees in the
Bill for the due Execution of Ordinances made
by Corporations (who were appointed on Thursday the 12th day of this instant January foregoing) shewed the meeting of the Committees, and
their good liking of the Bill to pass as it is already framed; and so delivered in the Bill, and
moved that it might be put to the question for
the ingrossing, which was so done accordingly.
Mr. Serjeant Warberton, one of the Committees in the Bill for limitation of time for bringing
of Formedons in the Descender and Writs of Errour (who were appointed on Wednesday the
11th day of this instant January foregoing) shewed the Opinions of the Committees to be that
the Bill is fit to be reserved till the next Parliament, and so delivered in the Bill.
Sir Edward Hobby, one of the Committees in
the Bill for the Joynture of the Lady Sands
(who were appointed on Friday the 16th day
of December foregoing) moved for a new day to
be appointed for the meeting of the Committees. Whereupon day was given upon Wednesday next at two of the Clock in the Afternoon in
the Exchequer Chamber.
The Bill for the relief of the Hundred of
Beynersh aliàs Benherst in the County of Berks
was read the third time and passed upon the
question.
Mr. Comptroller, one of the Committees of
this House for Conference this present Morning
with the Committees of the Lords touching
their Lordships Amendments and Provisoes to
the Bill lately passed this House, Intituled, An
Act for the erecting of Houses of Correction and
punishment of Rogues, Vagabonds and Sturdy
Beggars (who were appointed on Thursday the
12th day of this instant January foregoing)
shewed the travel of the Committees of this
House with the Committees of the Lords in the
said Conference at large, and so leaving the further consideration to the resolution of this House,
the further reading of the said Provisoes was
after sundry Speeches then had deferred till to
Morrow.
Two Bills also had each of them one reading;
of which the first being the Bill for the Hospital
of Warwick, was read the third time and passed
upon the question.
Mr. Serjeant Drew and Mr. Doctor Carew do
bring word from the Lords, that their Lordships
have given two readings to the Bill lately passed
in this House and sent up to their Lordships concerning the establishment of the Possessions of the
Bishoprick of Norwich; and that for the better
expediting of the Bill, their Lordships do desire present Conference with a Committee of
this House with six of their Lordships. Whereupon Mr. Brograve, Attorney of the Dutchy,
Mr. Francis Bacon, Sir Edward Hobby, Sir William Cornwallis, Sir Robert Wroth, Sir William
Moore, Mr. Miles Sands, Mr. Warner, Mr. Serjeant Warberton, Mr. Lieutenant of the Tower
and Mr. Edward Hubberd were nominated and
sent presently for that purpose accordingly.
Four Bills were sent up to the Lords from the
House of Commons by Sir Tho. Cecill and others;
of which one was the Bill to prevent the double
payment of Debts upon Shop-Books.
The Bill that Sir Anthony Mildmay may dispose of his Lands intailed to him by Sir Walter
Mildmay his Father, was upon the second reading committed unto Mr. Secretary, Mr. Chancellor of the Exchequer, Sir Thomas Cecill, Sir
Edward Hobby, Mr. Sollicitor, M. Philips, Mr.
Serjeant Halle and others; and the Bill and
Committees names were delivered to Mr. Chancellor of the Exchequer, who with the rest was
appointed to meet to Morrow at two of the
Clock in the Afternoon in the Exchequer Chamber.
Mr. Serjeant Drew and Mr. Doctor Stanhop
did bring from the Lords a Bill which lately
passed in this House, and was sent up unto their
Lordships, Intituled An Act for the repressing of
Offences that are of the nature of Stealth, and
are not Felonies by the Laws of the Realm,
which Bill their Lordships have also passed with
some Amendments.
On Tuesday the 17th day of January, Four
Bills had each of them one reading; of which
the last being the Bill for the assurance of the
Joynture of Joyce the Wife of John Thornbrigg
was read the second time, and upon the several
questions was rejected.
The Bill to reform sundry abuses in the Garbling of Spices and Drugs, was read the second
time and rejected upon the several questions for
the committing and for the ingrossing.
Mr Serjeant Drew and Mr Doctor Stanhop did
bring from the Lords a Bill concerning a Lease of
great value procured to be passed from her Majesty by William Kirkham the Younger, which
Bill their Lordships have passed, and do desire
the speedy expediting thereof in this House, the
same Bill greatly importing her Majesty. Whereupon the same Bill was presently read in this
House for the first reading thereof accordingly.
The Amendments and Provisoes of the Lords
to the Bill lately passed in this House, Intituled
An Act for the erecting of Houses of Correction
and punishment of Rogues, Vagabonds and
Sturdy Beggars, being read for the third reading
thereof, the Bill being put to the Question, and
after sundry Speeches and Arguments first had
both with the Bill and against the Bill, was dashed upon the division of the House, with the advantage and difference of sorty Voices, viz. with
the No a hundred and six, and with the Yea sixty
six upon the doubtfulness of two several former
questions for the passing thereof.
Mr Attorney General and Mr Doctor Stanhop
do bring from the Lords a Bill lately passed in
this House, Intituled An Act for the establishment of the Bishoprick of Norwich and the Possession of the same, against a certain concealed
pretended title made thereunto; and do shew
that their Lordships have also passed the same Bill,
with a Proviso thereunto added by their Lordships, and so delivered the Bill to Mr Speaker.
On Wednesday the 18th day of January, Eight
Bills had each of them one reading; of which
the first being the Bill for renewing, continuance
and explanation of an Act for the necessary relief
of Mariners and Souldiers was read the first time;
And the last being the Bill to tax all Lands and
Goods for the payment of the Subsidy in the
same Parish where it lyeth, was read the first
time, and rejected upon the Question for a second reading.
The Committees in the Bill to restrain the
excessive making of Mault, (who were appointed on Thursday the 12th day of this instant January foregoing) and the Committees in the Bill
to restrain deceits and breaches of Trust (who
were appointed on Saturday the 14th day of this
instant January foregoing) are appointed to meet
in the Exchequer Chamber this Afternoon at
two of the Clock.
Mr Finch, one of the Committees in the Bill
against wandring Souldiers and Mariners (who
were appointed on Wednesday the 7th day of December foregoing) shewed the meeting and travel of the Committees, and that they have made
a new Bill for that purpose; and so delivering
in both the old Bill and the new Bill, prayed the
speedy expediting of the said new Bill. Whereupon the same Bill was then presently read for
the first reading.
The Bill to enable Thomas Knivet Esquire to
dispose of certain Lands Entailed to him by Dame
Anne Knivet his Mother, was upon the second
reading committed unto Mr. Serjeant Williams,
Mr. Serjeant Warberton, Sir Walter Raleigh, Mr.
Brograve Attorney of the Dutchy, and others;
and the Bill and Committees names were delivered to Sir Walter Raleigh, who with the rest
was appointed to meet to Morrow at two of
the Clock in the Afternoon in the Exchequer
Chamber.
The Bill for taking away of Clergy from Robbers of Houses in the day time though no person
be in the House at the time of the Robbery, was
upon the second reading referred to Sir Robert
Wroth, Mr Serjeant Hale and others, to consider further for some Amendments in the same Bill presently in the Committee Chamber of this House.
The Bill for Explanation and Addition of an
Act of 5° Reginæ for the maintenance of the
Navy, was upon the second reading committed
unto Sir Walter Raleigh, Mr. Henry Hubberd, Mr.
Cole, Mr. Chapman, Mr. Doctor Cæsar, Mr. Lewkenor and others; and the Bill and Committees
names were delivered to Mr. Doctor Cæsar, who
with the rest was appointed to meet in the Exchequer Court at two of the Clock in the Afternoon.
The Bill concerning Lessees and Patentees,
with a Note of the Committees names, was delivered to the former Committees (who were
appointed on Saturday the 3d day of December
foregoing) to be further considered by them concerning such their Amendments in the same Bill
as have not yet been read in this House.
The Bill for confirmation of Ordinances made
by Corporations was read the third time, and
after sundry Speeches and Arguments both with
the Bill and against the Bill, and upon some Motions to be made for the said Bill before it should
be put to the Question for the passing, the question was first made for the said Amendments, and
resolved both upon the question and also upon
the division of the House with the difference and
advantage of sixty five Voices, viz. with the Yea
seventy, and with the No a hundred thirty five,
that the Amendments should not be made to the
said Bill; and then afterwards the said Bill being
put to the question accordingly, the same Bill
was dashed.
Mr Attorney General and Mr Doctor Stanhop
coming from the Lords, Mr Attorney shewed,
that their Lordships commanded him to signifie
unto this House, that whereas their Lordships
received a Bill from this House Intituled An Act
for increase of people for the service and defence
of the Realm, their Lordships having a very good
liking of the meaning and intent of the said Bill,
and finding nevertheless sundry imperfections in
the said Bill, have not only imparted those imperfections in a verbal Conference by a Committee of their Lordships unto a Committee of this
House, but also did afterwards deliver the same
in writing unto this House; since which time
their Lordships have heard nothing thereof from
this House; their Lordships do now desire to understand the further mind of this House touching
the same Bill. Which Message being reported
unto the House by Mr Speaker, and the said Mr.
Attorney and Mr. Doctor Stanhop first sequestred, it was thereupon resolved by this House,
that Answer should be made unto their Lordships, that this House hath not omitted any opportunity to consider of the said pretended imperfections for the further Answering of them
with all possible Conveniency, and will signifie
the same unto their Lordships with as convenient
speed as they can. Which Answer for this time
was immediately after delivered by Mr. Speaker
unto the said Mr. Attorney and Mr. Doctor Stanhop to be returned unto their Lordships accordingly. Vide Jan. 24. Tuesd. postea.
On Thursday the 19th day of January, the
Bill for reuniting the Mannor of Paris Garden in
the County of Surrey, was upon the second reading committed unto Mr. Brograve Attorney of
the Dutchy, Mr. Norton, Mr. Wiseman, Mr. Serjeant Williams, Mr. Edmund Boyer, and Mr.
Francis More and others; and the Bill with the
Committees names was delivered to Mr. Edmund
Boyer, who with the rest was appointed to meet
to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock.
The Bill for the repealing of a branch of a
Statute made in the thirty fourth Year of King
Henry the Eighth, Intituled, The Ordinance for
Wales, was read the second time, and not being
spoken against by any was Ordered to be ingrossed.
Mr Snagg, one of the Committees in the Amendments of the Bill for the reviving, continuing, explanation and perfecting of divers Statutes
(who were appointed on Saturday the 14th day
of this instant January foregoing) and in the Bill
also for taking away of Clergy from Robbers of
Houses in the day time though no person be in
the House at the time of the Robbery done
(who were appointed Yesterday) shewed the
meeting and travel of the Committees, and sundry their Amendments and Additions to the said
Bills at large, and so delivered in both the said
Bills into the House accordingly.
Mr. Serjeant Harris, one of the Committees in
the Bill to reform deceits and breaches of Trust
(who were appointed on Saturday the 14th day
of this instant January foregoing) shewed the
meeting and travel of the Committees, and some
their Amendments and Additions to the same
Bill, which Amendments and Additions being
twice read, the Bill was upon the Question Ordered to be ingrossed.
Mr. Francis Bacon, one of the Committees of
this House to confer and consider of the 31. Objections of the Lords unto the Bill lately passed
this House, Intituled, An Act for the increase of
people for the service and defence of the Realm,
shewed the meeting and travel of the Committees, and that they have set down in writing
Answers to the same Objections ready to be presently sent to their Lordships if this House shall
so think good, and so moved the present reading of the same Answers in this House. Whereupon the Clerk of this House did severally read
all the said Objections, and the said Mr. Bacon
did then also read every several Answer to the
same Objections particularly and distinctly. Which
being done, it was after some Motions and
Speeches of sundry Members of this House resolved by this House, that the said Answer in
writing should be sent up from this House to
their Lordships presently by Mr. Comptroller,
accompanied with a convenient number of the
Members of this House, which was so done thereupon accordingly. Vide concerning this matter
on Tuesday the 24th day of this instant January
ensuing.
Mr. Brograve Attorney of the Dutchy, one
of the Committees in the Bill for confirmation of
the Jointure of Christian Lady Sands (who were
appointed on Friday the 16th day of December
foregoing) shewed the meeting and travel of the
said Committees at large, and concluded with a
Motion that the Council of both sides may be
heard in this House for the better satisfaction of
this House in the Cause. Whereupon it was Ordered that their Council should be heard in this
House upon Saturday next accordingly, and
both the Parties to have but one Councel
a-piece.
The Bill to take away future uses creating perpetuities of Lands was read the first time.
The Bill against the Excess of Apparel was upon the second reading committed unto all the
Privy Council being Members of this House, Sir
Walter Raleigh, Sir Edward Hobby, Sir Thomas
Conisby, Sir Oliver Lambert, Mr. Yelverton and
others; and the Bill and Committees names were
delivered to Mr. Comptroller, who with the rest
was appointed to meet to Morrow at two of the
Clock in the Afternoon in the Exchequer Chamber. Vide Febr. 7th.
On Friday the 20th day of January, the Bill
for the sale of the Lands and Goods of John
Sharp to pay his Debts, was upon the second
reading committed unto Sir John Hart, Mr.
Henry Hubberd, Mr. Nevill, Mr. Thomas Smith,
Mr. Southerton, Mr. Colebrand and others; and
the Bill with the Committees names was delivered
to Mr. Southerton, who with the rest was appointed to meet this Afternoon at two of the Clock
in the Middle-Temple Hall.
The Bill that Thomas Culpepper and John Culpepper may dispose of their Lands whereof they
are Tenants in Tail as other Tenants in Tail may
do, was read the second time and committed to
Mr Barker, Mr. Serjeant Harris, Mr. Hide, Mr.
Wiseman, Mr. Wingfield, Mr. Serjeant Williams,
and Sir William Cornwallis; and the Bill and
Committees names were delivered to the said
Mr. Serjeant Williams, who with the rest was appointed to meet in the Middle-Temple Hall at
two of the Clock this Afternoon.
Mr. Serjeant Harris, one of the Committees in
the Bill that Lessees may enjoy their Leases (who
were appointed on Saturday the 3d day of December foregoing) and in the Bill concerning
the suppressing of unlawful and unsized Bread
(who were appointed on Friday the 13th day
of this instant January foregoing) shewed the
meeting and travel of the Committees in both the
said Bills, and their Amendments in the Bill concerning Lessees and Patentees; which Amendments being then twice read, the Bill was upon
the question Ordered to be ingrossed.
And further shewed, that the said Bill concerning the suppressing of unlawful and unsized
Bread was in opinion of the said Committees fit
to be reserved till another Parliament.
The Amendments and Proviso of the Lords
to the Bill intituled An Act for the relief of the
Poor being thrice read, the said Amendments
were assented unto, and the said Proviso passed
upon the question.
The Amendments of the Lords to the Bill intituled An Act for the Naturalizing of certain
English mens Children and others born beyond the
Seas being three times read, were assented unto
by this House upon the question.
The Proviso of the Lords added to the Bill intituled An Act for the establishment of the Bishoprick of Norwich and the Possessions of the
same against a certain pretended concealed Title
made thereunto, being three times read, the
same Proviso passed upon the question.
Three Bills also had each of them one reading; of which the last being the Bill to reform
Deceits and Breaches of Trust touching Lands
given unto Charitable Uses was read the third
time, and passed upon the question.
The Amendments of the Lords in the Bill lately
passed in this House intituled An Act for the repressing of Offences that are of the nature of Stealth
and are not Felonies by the Laws of the Realm,
being thice read, were assented unto by this House.
Four Bills were sent up to the Lords from the
House of Commons by Mr. Comptroller and others; of which the first was the Bill for the
establishment of the Bishoprick of Norwich, and
the Possessions of the same against a certain pretended concealed Title; and the second was the
Bill for Arthur Hatch &c. with two others of no
great moment, which passed the House this present
day; with further Order that this House desired
some Conference with their Lordships for the
further satisfaction of this House touching the
said innovation of their Lordships said manner of their late giving Answer unto the Members of this House contrary to their Lordships
ormer usage in such Cases heretofore.
The Bill for the most Commodious usage of
Lands dispersed in Common Fields was read the
second time, and rejected upon the several questions for the Committing and Ingrossing.
William Kirkham the younger was brought into this House to the Barr and heard at large; and
resolved further by the House not to hear him
any further nor any Councel for him: Nevertheless to hear the Councel to Morrow of such as
pretend any interest under the title of Kirkham
to any the Lands comprehended in the Lease
mentioned in the Bill.
Mr Attorney General and Mr Doctor Stanhop
do bring from the Lords a Bill lately passed in
this House intituled An Act for the maintenance
of Husbandry and Tillage, which Bill their Lordships have also passed with very many Amendments and with a Proviso. And shewed further,
That their Lordships commanded him to shew
unto this House, that their Lordships had very
willingly yielded unto the Motion of this House
made unto their Lordships this present day for
Conference, and that their Lordships had for that
purpose appointed the Number of twenty of
themselves, and do desire that the same Conference may be had presently, if it shall so please this
House. Which being done, and the said Mr
Attorney and Mr Doctor Stanhop gone out of
the House, It was resolved that a convenient
number of this House should presently attend
their Lordships in the said Conference. And the
same being afterwards so signified unto the said
Mr Attorney and Mr Doctor Stanhop, who were
called again into this House to receive that answer, all the Privy Council being Members of
this House, Sir William Moore, Mr Fulk Grevil
and others being Members of this House were
presently thereupon sent up unto their Lordships
accordingly.
The Bill for the reviving, continuing and Explanation of an Act for the necessary relief of
Mariners and Souldiers was upon the second reading committed unto the Committees in the Bill
against the excess of Apparel (who were appointed yesterday foregoing) and to meet in the Exchequer Chamber at two of the Clock this Afternoon, and Mr Arnold was now added to the
same Committee.
The Amendments of the Committees in the
Bill for taking away of Clergy from Robbers of
Houses in the day-time though no body be in the
House at the time of the Robbery done, being
twice read, the Bill was upon the question Ordered to be ingrossed.
The Bill to prohibit the carrying of Herrings
was upon the second reading committed unto Mr
Walgrave, Mr Oldsworth, Mr Edward Lewkenor,
Mr Wiseman and others, who were appointed to
confer presently in the Committee Chamber of
this House.
Mr Comptroller and the residue returning
from the Lords, Mr Secretary shewed that in the
debate of the .............................
but touching what business this Report was made
by Mr Secretary, or what that business was, is
every negligently omitted by Fulk Onslow Esq;
Clerk of the House of Commons, in the Original Journal-Book it self of that House, although
a whole blank Page be there left with intention
doubtless at first to have inserted it: And therefore it shall not be amiss here in some sort to set it
down, partly out of some former passages of
the said Journal Book, and partly out of the Original Journal-Book of the Upper House. And
first for the business it self, it was grounded upon some distaste that Sir Walter Raleigh and other Members of the House of Commons had
received from the Carriage of the Lords towards
them in not rising unto them upon the delivery
of an Answer to a certain Message brought up
by them to their Lordships on Saturday the 14th
day of this instant January foregoing, as is there
set down at large. To which said distast of theirs
the Lords did this present Friday, being the 20th
day of the same Month, in the Conference had
between the Committees of either House, desire
to make satisfaction according to the resolution
had by their Lordships in their own House Yesterday being Thursday. Which said Resolution
or Answer of their Lordships was as it should
seem now reported unto the House of Commons
by Mr Secretary Cecill upon his return with the
other Committees from the said Conference, and
is set down upon the said Thursday being the 19th
day of the said instant January in the abovementioned Original Journal-Book of the Upper
House much to the purpose and effect following, viz.
That their Lordships Answer was, that in the
delivery of the said Message unto the said Sir
Walter Raleigh and others the said Members of
the House of Commons, upon Saturday the 14th
day of this instant January last past, their Lordships had not given unto them the said Members
of the said House any just distast, or therein offered unto the said House of Commons it self any
indignity at all; but that their Lordships had
therein observed the ancient Order of Parliament, which they were fully satisfied to be as
followeth, viz.
That when any Bills or Messages are brought
from the House of Commons to be presented to
the Upper House, the Lord Keeper and the rest
of the Lords are to arise from their places and
go down to the Bar, there to meet such as come
from the House of Commons, and from them to
receive in that place their Messages or Bills: But
contrariwise, when any Answer is delivered by
the Lord Keeper in the name and behalf of the
House, to such Knights and Burgesses as come
from the House of Commons, the said Knights
and Burgesses are to receive the same standing
towards the lower end of the House without the
Bar, and the Lord Keeper is to deliver the same
sitting in his place with his head covered, and all
the Lords keeping their places. And hereupon the
House of Commons was satisfied, and the same
form was afterwards kept accordingly.
Nota, That this little foregoing Passage only
is supplied out of the Original Journal-Book of
the Upper House, and now what ensueth is again inserted out of that of the House of Commons.
On Saturday the 21th day of January, Two
Bills of no great moment had each of them one
reading; of which the last was the Bill for restraint of carrying of Corn or Grain out of this
Realm at certain times.
Mr Francis Goodwin, one of the Committees
in the Bill for establishing certain Lands given by
Will for the maintenance of the High-ways at
Ailesbury in the County of Buckingham (who
were appointed on Wednesday the 11th day of
this instant January foregoing) brought in the
Bill with some Amendments, which being twice
read, the Bill was upon the Question Ordered to
be ingrossed.
Mr Walgrave, one of the Committees in the
Bill to prohibite the carrying of Herrings beyond
the Seas (who were appointed Yesterday) shewed
the meeting of the Committees and their Amendments of the Bill, which Amendments being
twice read, the Bill was upon the question Ordered to be ingrossed.
The Bill that the Plaintiffs shall pay the Defendants their Costs by lying in Prison for want
of Bayl if the Action pass against the Plaintiffs,
and for the punishment of wrongful Arrests upon forged Warrants, was read the first time.
Mr Sollicitor, one of the Committees in the
Bill for the reviving, continuance, explanation
and perfecting of divers Statutes (who were appointed on Saturday the 14th day of this instant
January foregoing) shewed the meeting and travel of the Committees and some their Amendments in the same Bill; which Amendments being twice read to the House, it was after many
Motions and Speeches for recommitment of the
same Bill Ordered upon the Division of the House
in the doubtfulness of two former Questions
with the advantage of thirty Voices, viz. with
the No an hundred twenty four, with the Yea
ninety one, that the said Bill should not be recommitted: And afterwards upon another Question it was Ordered that the said Bill should be
ingrossed.
The Lord Sandes and Sir Walter Sandes with
their Councel were present here in this House at
the Bar and heard at large touching the Bill for
the Confirmation of the Jointure of Christian
Lady Sandes (which had been read the second
time and committed on Friday the 16th day of
December foregoing.) Vide January 24. Tuesday
postea.
The Bill against lewd and wandring persons
pretending themselves to be Souldiers or Mariners was read the third time, and after many
Speeches and Arguments, some with the Bill and
some against the Bill, was in the end put to the
Question, together with a Proviso added thereunto and three times read, and so passed accordingly.
Mr. Edward Hubberd, one of the Committees
in the Bill to restrain the excessive making of
Mault and disorderly Brewing of strong Beer
(who were appointed on Thursday the 12th day
of this instant January foregoing) shewed the
meeting and travel of the said Committees with
some their Amendments to the said Bill, and so
delivered in the Bill to the House.
On Monday the 23th day of January, Three
Bills of no great moment had each of them one
reading; of which the third being the Bill for
Explanation of a Saving in a Statute made xxvii°
Reg. Eliz. Intituled, An Act for the better foundation and relief of the Poor of the Hospital of
Eastbridge in the County of Canterbury, was read
the second time and rejected upon the several
Questions for the committing and ingrossing.
Sir John Hart, one of the Committees in the
Bill concerning Garret de Malines and John Hunger Merchants Strangers (who were appointed
on Friday the 13th day of this instant January
foregoing) shewed the meeting and travel of
the Committees, and their making of a new Bill
for sundry considerations then opened by him,
and so delivered in both the old Bill and the
new Bill.
The Bill for the better measuring of seven
Miles from the Town of Great-Yarmouth, according to a Statute made in the thirtieth Year of
King Edward the Third, was upon the second
reading committed unto Mr. Comptroller, Mr.
Chancellor of the Exchequer, Mr. Brograve Attorney of the Dutchy, Mr. Maynard, Mr. Fulk
Grevill, Mr. Walgrave and others; and the Bill
with the Committees names was delivered to the
said Mr. Fulk Grevill, who with the rest was
appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer
Chamber.
Mr. Shirley, one of the Committees in the Bill
for the sale of the Lands and Goods of John
Sharp to pay his Debts (who were appointed
on Friday the 20th day of this instant January)
shewed the meeting and travel of the Committees with some their Amendments to the same,
and so delivered in the said Bill to the House.
The Bill for reviving, continuance, explanation and perfecting of divers Statutes was read
the third time and passed upon the Question.
Five Bills were sent up to the Lords from the
House of Commons by Mr. Comptroller and
others; of which one was the Bill against lewd
and wandring persons pretending themselves to
be Souldiers and Mariners, and another for the
Naturalizing of certain Englishmens Children
and others born beyond the Seas.
The Amendments and Provisoes of the Lords
in the Bill for the maintenance of Husbandry and
Tillage lately passed this House being three times
read, the said Amendments were assented unto
and the said Proviso passed upon the Question.
The Bill that Lessees may enjoy their Leases
against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their
Rent during the time that the Reversion or Inheritance remained in the Crown, was read the
third time and passed upon the Question.
The Bill for reviving, continuance, explanation and perfecting of divers Statutes, and the
Bill that Lessees may enjoy their Leases against
all Patentees, their Heirs and Assigns, notwithstanding any default of payment of their Rents
during the time that the Reversion or Inheritance
remained in the Crown, were sent up to the
Lords by Mr. Secretary and others.
Mr. Serjeant Drew and Mr. Doctor Carew did
bring word from the Lords, that whereas a Bill
lately passed in this House was sent up unto
their Lordships Intituled An Act for the increase
of People for the service and defence of the
Realm, and their Lordships had thereupon caused the same Bill first to have two readings in
the Upper House, and finding many imperfections in the same Bill, yet their Lordships very well
liking of the intent and scope of the said Bill
and the good furtherance thereof, moved for
Conference with some of the Members of this
House touching the said Bill, wherein the said
imperfections were first imparted by their Lordships unto the Committees of this House in a Verbal Conference, and afterwards sent down by
their Lordships to this House in writing; and
Answers thereupon returned by this House to
their Lordships in writing, to the same imperfections; their Lordships very much affecting the
purport and true meaning of the said Bill, and
wishing all good furtherance therein, do desire
that a convenient number of selected Members
of this House may be appointed to have Conference with six of their Lordships touching this
matter to Morrow at eight of the Clock in the
Morning in the Chamber next the Upper House:
And do also desire, that a convenient number of
the Members of this House may be in like manner
appointed to meet with their Lordships to Morrow at two of the Clock in the Afternoon in the
Great Council-Chamber at the Court for Conference touching the Bill passed by their Lordships
and sent down by them unto this House, Intituled An Act for the better Explanation and Execution of the Act made in the thirteenth year of
the Queens Majesties Reign Cap. 4to concerning
Tellors, Receivers, &c. Whereupon Mr. Comptroller, Mr. Secretary, Mr. Chancellor of the
Exchequer, Mr. Francis Bacon, Mr. Brograve
Attorney of the Dutchy, and all the Serjeants at Law being Members of this House, Mr.
Recorder of London, Mr. George Moore, Mr. Yelverton, Sir Walter Raleigh, Mr. Fulk Grevill, Sir
Thomas Cecill and Mr. Attorney of the Court of
Wards, were nominated and appointed to attend
their Lordships to Morrow in the Morning at
eight of the Clock in the Chamber next to the
Upper House accordingly.
The former Committees of this House in the
said Bill concerning Tellors, Receivers, & c. (who
were appointed on Monday the 5th day of December foregoing) were this day likewise appointed to attend their Lordships to Morrow at two
of the Clock in the Afternoon at the said great
Council Chamber at the Court. Vide concerning this Matter, as also touching the Bill for
Increase of People, & c. on Tuesday the 24th day
of this instant January immediately ensuing.
The Amendments in the Bill to restrain the
excessive making of Mault and disorderly brewing
of strong Beer being twice read, the Bill was
after many Speeches and Arguments both with
the Bill and against the Bill ordered upon the
question to be ingrossed.
On Tuesday the 24th day of January the Bill
concerning Garret de Malins and John Hunger
Merchants-Strangers had its first reading, being
a new Bill, and was brought in by the Committees of the old Bill, who were appointed on
Friday the 13th day of this instant January foregoing, and had thought fit that the said old Bill
should be rejected.
The new Bill also for the disposing of certain
Lands to Mr Thomas Knivet, was read the first
time (after that the old Bill had been rejected by
the Committees thereof, who were appointed on
Wednesday the 18th day of this instant January
foregoing.)
The Bill for Confirmation of the Joynture
of Mary Lady Verney was upon the second
reading committed unto Mr Philips, Mr Sands,
Mr Francis Goodwin, Mr Snagg, Mr Oglethorpe
and others; and the Bill with the Committees
names were delivered to Mr Snagg, who with the
rest were appointed to meet at four of the Clock
this Afternoon in the Middle-Temple Hall.
The Bill for establishing an Award made between Edmund Cotten Gentleman and Thomas
Harvey Yeoman for the assurance of certain
Lands in the County of Norfolk to Thomas Bennet and his Heirs for ever, was read the third time
and passed upon the question, the learned Councel on both sides being first heard at large at the
Bar.
After sundry long Speeches by divers Members
of this House in the Bill for Confirmation of the
Joynture of Christian Lady Sands both with the
Bill and against the Bill, with some motions for
having the matter between the Lord Sands and
Sir Walter Sands referred to Arbitrement or
Comprmise, it was at last resolved upon the question, that according to the said Motions the said
course should be taken for Compromise accordingly, and the said Parties should become bound each
to other for the performance of such Award or Arbitrement as should be made by Arbitrators to be
named by this Court; And further, that the said
Lord Sands and Sir Walter Sands be warned to
be here in this Court to Morrow to understand
the purpose of this House in that behalf accordingly. Vide concerning this matter on Saturday
the 21. day of this instant January foregoing.
Vide etiam diem sequentem.
Mr Comptroller shewed that himself and the
residue of the Committees appointed by this
House for Conference with the Lords touching
the Bill Intituled An Act for the increase of
People for the service and Defence of the
Realm, have attended their Lordships this Morning according to the Charge of this House given to him and the residue of the Committees
for that purpose. And further shewed, that
their Lordships having perused and considered
the Answer of this House in writing to their
Lordships Objections in writing delivered by
them to this House, their Lordships cannot give
passage to the said Bill: But liking very well of
the purpose and intent of the said Bill, their
Lordships do with another Bill to be drawn and
proceeded in to the said effect in some good
course; and do purpose to send down unto this
House to Morrow Morning some points or heads
in writing for that purpose. Vide touching this
business on Thursday the 12th day, Saturday the
14th day, Monday the 16th day, Wednesday the
18th day, Thursday the 19th day, and on Monday
the 23d day of this instant January foregoing.
Vide itidem diem sequentem.
On Wednesday the 25th day of January Mr
Snagg one of the Committees in the Bill for Confirmation of the Joynture for the Lady Mary
Verney wife of Sir Edmund Verney Knight (who
were appointed on the day foregoing) shewed
the meeting and travel of the Committees, and
some few Amendments in the same Bill, and so
delivered in the Bill.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill for the avoiding of deceit in Measure
and Weights, was read the first time.
The Committees in the Bill for the better measuring of seven Miles from the Town of great Yarmouth (who were appointed on Monday the 23d
day of this instant January foregoing) are ordered to meet at two of the Clock this Afternoon in the Exchequer Chamber.
The Committees in the Bill also for reviving,
continuing and explanation of an Act for the necessary relief of Souldiers and Mariners are likewise to meet this Afternoon at two of the Clock
in the Exchequer Chamber.
The Bill for the better Execution of Judgments was upon the second reading committed
unto Mr Brograve Attorney of the Dutchy, Mr
Finch, Mr Yelverton, Mr. Carew, Mr. Francis
Bacon and others; and the Bill and Committees
names were delivered to the said Mr. Carew, who
with the rest was appointed to meet this Afternoon at two of the Clock in Grayes-Inn Hall.
The Amendments in the Bill for erecting and
building of a Bridge over the River of Wye at
Wilton upon Wye near the Town of Rosse in the
County of Hereford being twice read, the same
was upon the question ordered to be ingrossed.
The Amendments in the Bill for Confirmation
of the Jointure of the Lady Verney Wife of Sir
Edmund Verney Knight, being twice read, the
Bill was upon the Question ordered to be ingrossed.
The Amendments in the Bill for the reuniting
of the Mannor of Paris Garden in the County of
Surrey being twice read, the Bill was upon the
question Ordered to be ingrossed.
Two Bills also had each of them one reading;
of which the second being the Bill to restrain
the excessive making of Mault, was read the
third time, and after sundry Arguments both
with the Bill and against the Bill, and certain
words stricken out in the first Proviso, in one
place thereof the word [such] and in another
place thereof these words [or Maults for his own
expences only] passed upon the Question.
Mr. Attorney General and Mr. Doctor Stanhop
do bring word from the Lords, that whereas a
selected number of their Lordships in a Verbal
Conference with a Committee of some of the
Members of this House concerning a Bill lately
passed in the Upper House and sent down by
their Lordships unto this House, Intituled An Act
for the better Explanation and Execution of the
Act made in the thirteenth year of the Queens
Majesties Reign concerning Tellors, Receivors,
&c. divers exceptions were then taken by the
Committees of this House unto the said Bill, and
were afterwards sent up to their Lordships by
this House in writing; with which said Exceptions their Lordships not being satisfied, have sent
down unto this House their Lordships Answer
unto the same also in like manner in writing:
And so did then deliver the same to Mr. Speaker
and departed. Which Message being reported
unto the House by Mr. Speaker, it was resolved,
that the former Committees of this House in that
Cause (who were appointed on Monday the 5th
day of December foregoing) with some others
then added unto them, should meet this Afternoon at two of the Clock in the Exchequer
Chamber to confer and consider of their Lordships said Answer in writing accordingly.
The Lord Sands and Sir Walter Sands being
present in this House, Mr. Speaker imparted unto
them the Motion of this House for compromising
the Cause. Whereunto the Parties assenting, after either of them had been heard speak severally their further minds unto this House in some
particulars, the said Lord Sandes made choice
of the Earl Marshal and of Mr Comptroller, and
the said Sir Walter Sandes made choice of Mr Secretary and Mr Chancellor of the Exchequer for
the said Compromise. Whereupon the Earl Marshal after his pleasure first signified unto this House,
the meeting of the same Committees was then
appointed to be at the Court to Morrow in the
Afternoon. Vide concerning this matter on Saturday the 21th day, Monday the 23th day, and
on Tuesday the 24th day of this instant January
foregoing.
Four Bills were sent up to the Lords from the
House of Commons by Mr. Comptroller and others; of which the second was the Bill to prohibit the carrying of Herrings, and the third to
retain the excessive making of Mault.
Mr Serjeant Lewkenor, one of the Committees of
this House for the late Conference with the Committees of the Lords upon Monday last in the
Morning concerning the Bill for increase of people for the service and defence of the Realm, did
bring from the Committees of the Lords certain
Articles or Heads in writing unto this House, for
the framing of a new Bill to the purpose presently
of the old Bill, though not in that form, to the
end their Lordships may understand the opinion
and liking of this House touching the same Articles or Heads; and so delivered in the same Articles in writing into this House. Whereupon
after many Speeches and Arguments by divers
Members of this House for the reading or not
reading, for the committing or not committing
of the said Articles, pro & contra, it was at last
resolved upon the question, that the said Articles should be read, and so they were thereupon
read accordingly. Which done, after some further debating for the retaining or the returning
of the same Articles, and for Answer therein
to their Lordships, it was Ordered, that the said
Mr Serjeant Lewkenor should presently himself
alone go and deliver the said Articles again unto
such of the said Lords Committees as he had first
received them of; signifying for Answer only,
that they had been read in this House, and no
more. Vide concerning this matter on Thursday
the 12th day, on Saturday the 14th day, on
Monday the 16th day, on Thursday the 19th day,
on Monday the 23th day, and on Tuesday the 24th
day of this instant January foregoing.
Mr Finch, one of the Committees in the Bill
against excess of Apparel (who were appointed
on Thursday the 19th day of this instant January
foregoing) shewed the meeting and travel of the
Committees and some of their Amendments in
the same Bill, and likewise their framing of a
new Bill to avoid the great excess used in wearing of Ruffs. And so delivered in both the said
Bills into this House.
On Thursday the 26th day of January, Two
Bills had each of them one reading; of which
the second being the Bill concerning Garret de
Malynes and John Hunger Merchant Strangers,
was read the second time, and Ordered upon
the Question to be ingrossed.
Mr Arnold, one of the Committees in the Bill
for the reviving, continuing and explanation
of an Act for the necessary relief of Mariners and
Souldiers, prayed a new day of meeting for the
Committees in that Bill. Whereupon Mr Arnold,
Sir Henry Norris, Sir Giles Merrick, Sir Oliver
Lambert, the Knights and Burgesses for London,
Mr Hext, Mr Wiseman, Mr Doctor Sands, Mr Cole,
Sir Thomas Conisby, Mr Harper, Sir Francis Hastings, Mr Snagg, Mr James Harrington, Sir Francis Popham with many others, who were nominated and appointed to meet this Afternoon at
two of the Clock in the Middle-Temple Hall.
The Bill for the setling and disposing of certain Lands of Mr Thomas Knivets was read the
second time, and Ordered upon the Question to
be ingrossed.
Two Bills also had each of them one reading;
of which the last being the Bill for further Ceremony and Credit to be required for Mills, was
read the second time, and upon the Question
for the Commitment thereof was upon the division of the House Ordered not to be committed,
with the advantage of forty six Voices, with the
No a hundred and forty, and with the Yea ninety
four, and afterwards upon another question for
the ingrossing was Ordered to be ingrossed.
Mr Serjeant Drew and Mr. Doctor Carew did
bring from the Lords a Bill passed with their
Lordships, Intituled An Act for the reforming
of sundry abuses committed by Souldiers and others, used in her Majesties Services concerning
the Wars.
The Learned Councel of certain persons pretending interest under the title of William Kirkham the Younger, to some of the Lords comprehended in the Lease mentioned in the Bill, were
this day heard at large in this House, and were
appointed to prepare their Provisoes to be offered unto the Bill against to Morrow.
Mr. Serjeant Drew and Mr. Doctor Stanhop did
bring from the Lords a Bill passed with their Lordships Intituled An Act for punishment of Rogues,
Vagabonds and Sturdy Beggars.
The Bill for the reforming of sundry abuses
committed by Souldiers and others used in her
Majesties Services concerning the Wars, was read
the first time.
On Friday the 27th day of January, the Bill
that Plaintiffs shall pay the Defendants their Costs
lying in Prison for want of Bayl if the Action
pass against the Plaintiff, was read the second
time and committed unto Mr. Sands, Mr. Boyes,
Mr. Snagg, Mr. George Crooke, Mr. Recorder of
London and others, who were appointed to meet
this Afternoon at two of the Clock in the Middle-Temple Hall.
The Committees likewise in the Bill for the
execution of Judgment (who were appointed on
Wednesday the 25th day of this instant January
foregoing) and the Committees in the Bill for
avoiding of deceits in measures and weights, were
likewise appointed to meet at the same time and
place, which was now upon the second reading
committed to the former Committees in the Bill
that the Plaintiffs shall pay the Defendants
their Costs, and Mr. Johnson was added unto
them.
The Bill for punishment of Rogues, Vagabonds and Sturdy Beggars, was read the first
time.
The Amendments in the Bill for Explanation
and Addition of an Act of quinto Regin. Eliz.
for maintenance of the Navy being twice read,
the Bill was rejected upon the question for ingrossing.
Two Bills of no great moment had each of
them one reading; of which the second being
the Bill to give some remedy against the decay
and spoil of the Queens Majesties Highways in
the Counties of Sussex, Surrey and Kent through
disorderly carrying to Iron Forges and Furnaces,
was read the second time and committed to the
Knights of those three Shires, Mr. Shirley, Mr.
Binley, Mr. Oglethorp, Mr. Colebrand, Mr. Edward
Lewkenor and others; and the Bill and Committees names were delivered to the said Mr. Colebrand, who with the rest was appointed to meet
to Morrow at two of the Clock in the Afternoon
in the Middle-Temple Hall.
The Bill for Reformation of sundry abuses
committed by Souldiers and others used in her
Majesties Services concerning the Wars, was upon the second reading committed unto Mr. Grevill, Sir Robert Wroth, Sir Walter Raleigh, Mr.
Henry Nevill, Sir George Carcy, Mr. Brograve Attorney of the Dutchy, and divers others; and
the Bill and Committees names were delivered to
Sir Walter Raleigh, who with the rest was appointed to meet to Morrow at two of the Clock in
the Afternoon in the Exchequer Chamber.
Mr. Serjeant Drew and Mr. Doctor Stanhop did
bring from the Lords a Bill lately passed in this
House, Intituled An Act to reform deceits and
breaches of trust touching Lands given to Charitable uses, and did shew that their Lordships
have likewise passed the same Bill with a Proviso
and some Amendments.
The Amendments and Provisoes of the Lords
to the Bill lately passed in this House, Intituled
An Act to reform deceits and breaches of trust
touching Lands given to Charitable uses, being
three times read, the said Amendments were assented unto by this House, and the said Proviso
passed upon the Question accordingly.
The Bill concerning the Highway Lands of the
Town of Aylesbury in the County of Buckingham
was read the third time, and upon some Motions by some Members of this House was Ordered
to be respited from being put to the Question
till to Morrow, that the Councel of the other
sides may be here.
Mr Doctor Carew and Mr Doctor Stanhop did
bring from the Lords the Bill lately passed in this
House Intituled An Act against lewd and wandring persons pretending themselves to be Souldiers and Mariners: And did shew in like manner, that their Lordships had passed the same Bill
with some Amendments.
The Amendments of the Lords in the Bill lately passed in this House Intituled An Act against
lewd and wandring persons pretending themselves to be Souldiers and Mariners, being three
times read, the same Amendments were upon the
question assented unto accordingly.
The Committees of this House in the Bill from
the Lords Intituled An Act for the better Explanation and Execution of an Act made in the thirteenth year of the Queens Majesties Reign Capite
quarto, concerning Tellors, Receivors, &c. (who
were appointed on Wednesday the 18th day of this
instant January foregoing) were appointed to
meet this Afternoon in the Exchequer Chamber at two of the Clock, and have further consideration and Conference amongst themselves
touching the proceeding in the same Bill.
On Saturday the 28th day of January, the Bill
for punishment of Rogues, Vagabonds and Sturdy
Beggars was read the second time and committed
unto some Members of this House to be considered of in the Committee Chamber of this
House.
The Bill for Confirmation of the Jointure of
Mary Lady Verney Wife of Sir Edmund Verney Kt,
was read the second time and passed upon the
Question.
Goodale, one of the adverse Parties to the Bill
concerning the Highway Lands of the Town of
Aylesbury being present in this House and praying some words to be inserted into the said Bill,
which being upon due and deliberate consideration of this House admitted to be inserted accordingly, and three times read, the Bill was
put to the question, and passed thereupon accordingly.
Mr. Pembridg, one of the Committees in the
Bill for reviving, continuing and explanation of
An Act for the necessary relief of Mariners and
Souldiers (who were appointed on Thursday the
26th day of this instant January foregoing)
shewed the meeting and travel of the Committees and some their Amendments to the Bill, and
so delivered in the Bill to the House.
The Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read the third time
and passed with an Amendment of this House
in the last line of the same Bill, viz. by inserting
these words [end of the] between the first word
[the] and the word [first] in the same line.
Mr. Serjeant Drew and Mr. Doctor Cary did
bring from the Lords a Bill passed with their
Lordships, intituled An Act against the decaying
of Towns and Houses of Husbandry; and another Bill which lately passed in this House, and was
sent up to their Lordships, intituled An Act for
the lawful making of Bayes within the Counties
of Essex and Suffolk; which Bill is also passed
with their Lordships, with a Proviso added to
the same by their Lordships; which said Proviso being three times read, was passed upon the
question.
The Bill against the decaying of Towns and
Houses of Husbandry had its first reading.
On Monday the 30th day of January the Bill
concerning Garret de Malynes and John Hunger
Merchant Strangers was read the second time.
There were seven Bills this Morning sent up to
the Lords from the House of Commons by Mr
Secretary and others; of which the first was the
Bill for Punishment of Rogues, Vagabonds and
Sturdy Beggars; the second for the lawful making of Bayes; And the third was the Bill to reform deceits and breaches of trust touching
Lands given to Charitable uses: with order also to move their Lordships for Conference
some time after this present day with their
Lordships, concerning the Bill lately passed with
their Lordships, and sent down by them unto
this House, intituled An Act to reform sundry
abuses committed by Souldiers and others used
to her Majesties services concerning the Wars.
Mr Chancellor of the Exchequer, one of the
Committees for Conference amongst themselves
concerning the Bill intituled An Act for the better Explanation and Execution of the Act made
in the 13th year of the Queens Majesties Reign
Cap. quart. concerning Tellors and Receivors, &c.
shewed the meeting and travel of the Committees, and their not liking to pass the same Bill
in this House in manner and form as the same
was passed with the Lords, in regard of many
inconveniencies appearing in the same Bill, which
were then opened by him at large: And shewed
further, that they thought good to frame a new
Bill in that Cause with a better and more reasonable form; and so delivered in the same Bill,
which was thereupon presently read for the first
reading accordingly.
Mr Snagg one of the Committees in the Bill
that the Plaintiffs shall pay the Defendants Costs
lying in Prison for want of Bail (who were
appointed on Friday the 27th day of this instant
January foregoing) and in the Bill to avoid deceits in Measures and Weights, shewed the
meeting and travel of the Committees with their
Amendments to the said Bill to avoid deceits in
Measures and Weights, and their opinion of reserving the said other Bill till another Parliament, and so delivered in both the said Bills into
the said House.
Mr Doctor Carew and Mr Doctor Stanhop did
bring from the Lords a Bill intituled An Act for
the Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne.
The Bill against the decaying of Towns and
Houses of Husbandry was read the second time,
and committed unto the former Committees in the
Bill for reforming of sundry abuses by Souldiers
and others used in her Majesties service concerning the Wars (who were appointed on Friday
the 27th day of this instant January foregoing)
and to meet this Afternoon at two of the Clock
in the Exchequer Chamber, as in the said other
Bill is likewise appointed; and the Bill and Committees names were delivered to Mr Chancellor of
the Exchequer.
Mr Secretary and the residue returning from
the Lords, he shewed their delivering both of
their Bills and of the message of this House unto
their Lordships, as he had in charge by this
House to do. And further shewed, that their
Lordships have appointed twenty of themselves
to meet with a convenient number of the Members of this House for the Conference in the
great Council Chamber at the Court at two of
the Clock in the Afternoon concerning the said
Bill intituled An Act for the reforming of sundry
abuses by Souldiers and others used in her Majesties services concerning the Wars.
The Bill for Confirmation of the Joynture of
Christian Lady Sands was read the third time.
Two Provisoes ingrossed in Parchment being
offered unto this House by the Lord Sands to be
added to the said Bill, were twice read, and
upon the second reading of the same Provisoes
it was Ordered after many and sundry Arguments and Speeches of divers Members of this
House, that the same Provisoes should be committed unto Mr. Comptroller, Mr. Chancellor of
the Exchequer, Mr. Brograve Attorney of the
Dutchy, Mr. Sollicitor, Mr. Serjeant Williams,
and others; and the Provisoes were delivered
to Mr. Sollicitor, who with the rest was appointed to meet to Morrow at eight of the Clock in
the Afternoon in the Committee Chamber of
this House. Vide concerning this matter on Saturday the 21th day, and on Tuesday the 24th day
of this instant January foregoing.
On Tuesday the 31th day of January the Bill
for Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne, was read the first time.
The Amendments in the Bill for reviving, continuing and Explanation of an Act for the necessay relief of Mariners and Souldiers being twice
read, the Bill was upon the question Ordered
to be ingrossed.
The Amendments in the Bill for avoiding deceits in Measures and Weights were twice read,
and after some Speeches had by sundry Members
of this House touching the same Bill pro & contra, the Learned Councel of the Clerk of the
Market being upon a motion of some of this
House admitted to be heard at the Bar, and called for that purpose by the Serjeant of this House
to come in, the Serjeant shewed that the said
Clerk of the Market was gone down into the
Hall to fetch his said Councel, in the mean time
whereof the House entred into another Cause,
and the said Bill was thereupon committed to
be put to the question for ingrossing.
The Bill for the more speedy payment of the
Queens Majesties debts and for the better explanation of the Act made in the 13th year of
the Queens Majesty, intituled An Act to make the
Lands, Tenements, Goods and Chattels of Tellors, Receivers, & c. lyable to the payment of
their debt, was read the second time and committed unto the former Committees, and Sir
Walter Raleigh, Mr Fulk Grevil, Mr Swayne, Sir
Anthony Mildmay, Sir Anthony Cope and others
were added to them; and the Bill with the Committees names was delivered to Mr Sollicitor one
of the said former Committees, who with the rest
was appointed to meet to Morrow at four of the
Clock in the Star-Chamber in the Afternoon.
Mr Fulk Grevil one of the Committees in the
Bill for the better measuring of seven Miles from
the Town and Haven of Great Yarmouth in the
County of Norfolk (who were appointed on
Monday the 23d day of this instant January foregoing) shewed the meeting of the Committees,
and that they cannot agree upon any thing
touching the said Bill; and so delivered in the
same Bill in such manner as he before received the
same out of this House.
Mr Sherley one of the Committees in the Bill
concerning the high-wayes in Sussex, Surrey and
Kent (who were appointed on Friday the 27th
day of January foregoing) shewed the meeting and travel of the Committees with some their
Amendments in the same; and so delivered in
the said Bill.
The two Provisoes to the Bill for Confirmation of the Joynture of Christian Lady Sands
being returned to the House by the Committees
and read the third time, the said Bill and Provisoes were passed upon the question. Vide concerning this business on Saturday the 21. day, on
Tuesday the 24th day and on Monday the 30th
day of this instant January foregoing.
The Proviso in Parchment offered unto the
Bill intituled An Act concerning a Lease of great
Yearly Value procured to be passed from her Majesty by William Kirkham the younger, was twice
read; and after many disputes and Arguments by
sundry Members of this House, the same Proviso
was read again for the third reading, and then the
said Bill was in like manner read the third time;
which done, the question was put for the annexing of the said Proviso to the said Bill, and Ordered upon the question and upon the division
of the House with the advantage of six Voices,
that the said Proviso should not be annexed to
the said Bill, the Yea being but seventy, and the
No being seventy six. And afterwards the Bill
being in like manner put to the question, the said
Bill was passed upon the question and upon the
division of the House with the advantage of
four Voices, the Yea being seventy five, and the
No being but seventy one. Vide concerning
this matter on Friday the 20th day of this instant
January foregoing.