Lunae, 22 Martii
L. 1. AN Act for the Naturalizing of Peter Verbeake.
L. 1. An Act for the Naturalizing of Sir Fran. Stewart.
L. 1. An Act to enable Sir Rich. Lumley to make Sale of certain Lands.
Inferior Courts : - To-morrow, Four Clock, Committee Chamber.
Master of the Rolls.
L. 2. An Act to enable the Master of the Rolls to make Leases of certain Houses: - Committed to Sir Edw. Coke, Sir Jo. Walter, Sir Rob. Hicham, Sir Geo. Moore, Mr. Denny, Sir Hen. Mildmay, Sir Nico. Tufton, Sir Hen. Poole, Sir Pet. Mutton, Sir Char. Mountacue, Chancellor Duchy, Sir Will. Herbert, Mr. Owen, Sir Tho. Estcourt, Sir Hen. Fane, Sir Gil. Jerrard, Mr. Ducke, Mr. Drake, Mr. Alford, Mr. Ravenscrofte; - Tuesday, Two Clock, Court of Wards.
L. 2. An Act for the further Description of a Bankrupt: - Committed to Sir Jo. Walter, Knights, Burgesses London, Sir Will. Whitmore, Mr. Neale, Mr. Tho. Fanshaw, Mr. Noy, Sir Dud. Digs, Sir Pet. Hayman, Mr. Pym, Sir Tho. Walmesley, Sir Edwyn Sandys, Sir John Savyle, Sir Rob. Hicham, Mr. Solicitor, Sir Clem. Throckmorton, Mr. Ravenscrofte, Mr. Mynn, Sir Nico. Tufton, Sir Hen. Poole,
Sir Char. Mountacue, Sir Tho. Estcourt, Sir Edw. Bowier: All Lawyers, and Merchants, that will come, are to have Voice : - Wednesday, Court of Wards.
Sir Fran. Seymour: - The Inhabitants of Chipenham - To have it the first Cause heard at the Committee To-morrow. - Desire the Election of Sir Fra. Popham may stand.
Ordered, To be the third Cause.
L. 2. - Anwell River. -
Sir Edw. Cooke: - This a very good Bill. Prevents One great Mischief, that hangs over the City. - Nimia potatio: frequens incendium. - To have it committed. -
Secretary Calvert, Mr. Treasurer, Mr. Comptroller, Sir Edw. Cooke, Mr. Recorder, Sir Jo. Savyle, Mr. Shervyle, Sir Char. Morrison, Sir Rob. Killegrue, Mr. Noye, Sir Tho. Cheeke, Sir Will. Udall, Sir Tho. Midleton, Sir Fra. Crane, Secretary Cottington, Sir Ar. Capell, Mr. Oliver, Sir Hen. Poole, Sir Jo. Walter, Mr. Cooke, Sir Gil. Jerrard, Mr. Maynard, Knights, Burgesses of Essex, Middlesex, Hartford, and London, Sir Max. Dallison. The Patent to be brought to the Committee: - Wednesday, Star-chamber.
Answer to the King.
Sir Edw. Sandys reports from the Committee, to draw an Answer to his Majesty. - Have agreed upon a Draught. - Read.
Sir Edw. Cooke: - Some Things in it to be amended. - Re-committed: - Presently, Committee Chamber.
Sir Rob. Cotton, Mr. Selden, to attend them.
Sir Jo. Savyle: - A new Writ went for a new Election for Pomfrett. Two Returns made. - To know the Resolution of the House.
Referred to the Committee of Privileges.
A Letter also to the Speaker, about that. That also referred to the Committee.
Sir Tho. Wentworth: - Two Men returned ; Sir John Jackson, and Sir Tho. Beamount, Sir Jo. Jackson brought in a great many Recusants. - The Mayor greatly misbehaved himself. - To have both Parties suspended, till the Cause be determined.
That left to the Discretion of the Parties, to do as they will.
Mr. Benbowe says, that both of them are returned upon the Back of the Writ. Desires the Resolution of the House, which he should certify.
Mr. Glandvyle: - He, that is first returned, may sit in the House till it be determined. - But not to make any Order for his coming: That is to adjudge the Election good.
Mr. Secretary Calvert: - Here Two returned : Therefore to have both suspended, till the Cause determined.
Sir Rob. Moore : - We ought to take Notice of the Return of the Mayor, and not of the other.
Sir Rob. Philips: - Not any Precedent for this. - To let the Committee take it into Consideration Tomorrow ; and the Parties, in the mean Time, to stay out of the House. - Ordered.
Answer to the King.
Sir Edw. Sandys reports again from the Committee. -
Have made some Alterations in it.
Sir Rob. Philips: - To have the Word, " publick," put in.
Upon Question, approved, with that Word added.
Libel on Ld. Keeper, &c.
A Message from the Lords, by Attorney, and Sir Edw. Salter: -
The Lords signify to us, that, on Friday Morning last, a Complaint made against one Morly, a Wood-monger, for printing and dispersing a Paper, scandalous to my Lord Keeper, and Star Chamber. He, attached by the Serjeant, alleged, the Cause was depending here. They, out of their Correspondence with this House, have surceased; and desire to know, whether this House be possessed with the Cause, or no.
Sir Edw. Cooke: - On Friday last this Petition preferred, and read. - Very ridiculous. Delivered back to him again, as unfit for the Consideration of the House.
Answer: The House hath taken into Consideration the Message: Return Thanks, for their good Correspondence.
This House not possessed of any Thing concerning Morly. - Preferred a Petition on Friday last: This read, and considered; and returned again, as a frivolous Petition.
Sir Edw. Sandys, and others, sent up to the Lords, to desire a Conference, with as much Expedition as may, touching an Answer to be made to his Majesty's Demand.
Mr. Glandvyle reports from the Committee of Privileges, for Stafford. - A Petition of Sir Will. Walter: Complained that Mr. Dyat was returned; when he had most Voices. No Complaint against Mr. Cradock. The Case thus: A Precept went to the Borough: Came to the Hands of Mr. Dyatt. That Morning went to the Town-house, and went to an Election; and, upon the Election, Mr. Cradock had most Voices. Some Question, whether Sir Will. Walter, or Mr. Dyatt, had most Voices; but the Committee found, that, being no publick Warning, no good Election: Neither Sir Will. Walter, nor Mr. Dyat, duly chosen. Mr. Cradock's Election not duly chosen. All agreed, that they ought to meddle with that, ex officio; because but One. Warning for both. The Opinion of Committee, to have a new Election of both.
Ordered, upon Question, That a new Writ shall go down, for a new Election for Two Burgesses for Stafford. -
Another Petition from Blechingley. - Sir Miles Fleetwood, duly chosen, but had made his Election to serve for another Place. - An undue Practice in Lovell. The Case thus : This Borough no Corporation : They have only to do with the Election. The Precept not delivered to the Borough, but to the Bailiffs. Warning given to all Men. - Chose Mr. Hayward and Sir Miles Fleetwood. - Committee resolved, that the Bailiff nothing to do with the Election.
2. That none but the Borough-holders ought to have Voice.
3. That Mr. Hayward was well elected, although no publick Officer gave Notice. - The Misdemeanor of Two : Doctor Harris had been too busy in this. 1. Gave out, my Lady Howard would take away 20 Nobles a Year from the Town, if they did not chuse -
3. Proved by One Witness, Mr. Lovell, being excepted against, for his Religion -
Propounded no Punishment; - To stand at Bar: To give him an Admonition; and to let him know, he had been too busy in this Matter.
For Mr. Lovell; resolved, that he had committed a great Offence against this House,
1. They found, that he had not received the Communion since Easter twelve-month, because out of Charity. His Mother a Recusant, his Brother a Priest, and his Daughter a Nun. It appeared, that Lovell set these Men a-work; gave them 6d. to drink; and they were to give him 61. if they did not chuse him, or his Friend. Lastly, threatened the Town, that That which was given to them by my Lady Maynard -
Got an Assembly of Inmates to seal an Indenture: Sealed this, without any Warrant: Delivered it without the Sheriff, in his Presence. - They think fit, he is to be committed to the Tower, during the Pleasure of the House; not to be enlarged, till he submit; and the Warrant -
Sir Edw. Sandys reports from the Lords. - Have attended them, and delivered their Message: Had this Answer: That they did with great Joy apprehend the good Correspondence: Would afford a Conference, Painted Chamber: - The same Number.
Our Committee of 48. sent up to the Lords : And Sir Edw. Sandys to make Report.
Resolved, upon Question, The Bailiffs have nothing to do with the Election: None but Borough-holders ought to have Voice.
Resolved, That Mr. Hayward is well elected.
Mr. Fanshaw: - This Doctor hath lately preached a Sermon against the Committee.
The Notes of it read. - Very ill Pulpit Language.
Ordered, That that Paper shall be referred to the Committee of Privileges; and they to have Power to send for him, and the Witnesses.
Ordered, A Warrant shall go out for a new Election, in Place of Sir Miles Fleetwood.
Person sent for.
Ordered, That Mr. Lovell shall be sent for by the Serjeant forthwith, and come to the Bar upon his Knee. He to be set by, as a Man incapable of the Election.
L. 2. An Act to make Ministers capable of Leases. -
Sir Edw. Cooke : - In Hen. VIII. Ministers had no Wives; yet had Bastards, and might take Leases for them - Qui ex damnato coitu nascuntur, inter liberos non censentur. -
Committed to Sir Edw. Cooke, Mr. Wentworth, Mr. Alford, Mr. Pym, Sir Tho. Jermyn, Doctor Ducke, Mr. Glandvyle, Sir Will. Cope, Sir James Perrott, Sir Christo. Hilliard, Sir Dan. Norton, Sir Rich. Harrison, Sir Hen. Wallop, Sir Fra. Barrington, Sir Cle. Throckmorton, Sir Gil. Jerrard, Sir Hen. Mildmay, Mr. Denny, Sir Rob. Cooke, Sir Erasmus Dreyden, Mr. Bushrop, Sir Hen. Anderson, Sir Tho. Wentworth, Mr. Bowyer, Sir Jo. Walter: - To-morrow Afternoon, Exchequer Court.
Clerks of the Market.
Mr. Banks to draw a Bill against the Abuse of the Clerks of the Market.
Earl of Holdernes.
Mr. Brooke reports the Earl of Holdernes his Bill. -
Only One Alteration in the Title. - Twice read. -
Ordered, to be ingrossed.
L. 2. An Act against scandalous and unworthy Ministers: - Committed to Sir Wal. Earle, Sir James Perrot, Sir Will. Cope, Sir Hen. Poole, Mr. Whitfeild, Sir Dan. Norton, Mr. Alford, D. Ducke, Sir Tho. Estcourt, Sir Miles Fleetwood, Mr. Ersfeild, Mr. Denny, Sir Geo. Chudleigh, Mr. Whitakers, Sir Pet. Mutton, Mr. Fanshaw, Sir Rob. Moore, Sir Rob. Cooke, Sir Nath. Rich, Sir Tho. Heron, Sir Fra. Barrington, Sir Rob. Philips, Sir Hen. Anderson, Mr. Calldecott: - To-rnorrow, Exchequer Court.
Sir Edw. Sandys reports from the Lords. - Fell out unfortunately, that the Prince stayed for the Writing. -
They retired into their House, and, after a little Time, came again. Lord Admiral said merrily, with the *, that they had held Correspondence with us in Delay. The Lords, with a chearful Assent, joined with us; only One Particular that concerned them: -
" We have with a chearful Consent, no One dissenting:" - This Alteration: " Of us your Commons, no One dissenting." - So they are appropriated to us. - One other Particular : Lords put us before them. - Prince said, we are the first in granting the Subsidies, and therefore should have the first Place. -
House to sit, &c.
The Lords will sit this Afternoon, and desire us to do so, that we may desire an Audience. - One Thing more: The Duke desires a fair Copy written out against the Afternoon.
Resolved, The House to sit this Afternoon: And a Copy to be made.
Lunae, 22 Martii - Post Meridiem
Bills from Lords.
A MESSAGE from the Lords, by Attorney and Serjeant Crooke: -
The Lords have sent down Three Bills: 1. Jeofayles, - some Amendments in it: 2. To abolish Battle in Writs of Right: 3. Viscount Mountacue.
The Alterations read, and approved.
The Bill read, and passed, with the Amendments.
Trials by Battle.
L. 1. An Act to abolish all Trials by Battle, in all Writs of Right.
L. 2. An Act to abolish all Trials by Battle : - Committed to Sir Edw. Cooke, Mr. Noy, Mr. Selden, Mr. Whatman, Mr. Whitfeild, Mr. Solicitor, Mr. Wainsford, Sir Pet. Hayman, Sir Geo. Chaworth, Sir Geo. Goring, Mr. Glandvyle, Mr. Price, Sir Rob. Cotton, Sir Geo. Moore, Sir Will. Fleetwood, all the Lawyers of the House, and Soldiers: - Wednesday, Court of Wards, Two a Clock.
Mr. Noye added to the Bill of Concealments : - To meet To-morrow Morning,
Secret Offices, to be delivered to Mr. Attorney of the Wards: - To meet To-morrow Morning.
Inferior Courts, delivered to my Lord Cooke;- - To meet To-morrow Morning.
Welch Cloths, &c,
L. 2. An Act for free Trade of Welch Cloths, Cottons, Frises and Linings. - Ordered, To be ingrossed.
Sheriffs'Accounts : - To-morrow, Two a Clock, former Place.
Mr. Glandvyle delivers in a Bill for Bail upon Outlaries.
A Message from the Lords, by Attorney, Serjeant Finch . -
The Lords signify to this House, that the Prince and Duke have moved the King for a Time to attend him : They have received his Pleasure in it; and therefore desire a Conference presently with the former Committee of our House, Painted Chamber.
Answer: This House will presently give a Meeting, as is desired.
Our Committee sent up. Sir Edw. Sandys to make the Report.
L. 1. Lord Mountacue his Bill.
Sir Edw. Sandys reports from the Lords. - The Prince present. Duke B. delivered, that the King well pleased to give Audience To-morrow, Eight Clock, Whitehall; but he, being not very well, desires to be attended with a less Company. The Lords have pitched upon a certain Number: Desire, that none attend but the Committees only. - Had read the Writing to the King: Confessed, he had no Order for it. - -
King not much misliked. - Some Exceptions to it : One a peremptory one. In the first Speech delivered to him, purposely left out the Name of Religion ; which he seconded, as a strong Reason to be left out now, as well as then, - If a War of Religion, to leave it out will greatly avail the common Cause. - Fortified with a third Reason. This the first Exception. A second Exception, rather an Observation of an Omission. Observed, we had no particular Care of his own Estate. Duke said, he hoped, he had such Officers, as his Revenue should suffer no Diminution. Duke told him, though we had omitted it now, yet in due Time we would take it into Consideration. - Prince, taking the Paper into his Hand, drew his Pen under some Words.
Sir Natha. Rich: - The Lords, out of their Desire of Correspondence, would not pass that by the Vote of the House, till we had first done it.
Sir Rob. Philips: - We shall run the Hazard of losing Assistance of Catholique Princes, if this be inserted. - To have them left out, without any Question. - Agreed.
Committee to attend the King.
A Message from the Lords, by Attorney and Serjeant Crooke. -
The Lords signify to this House, that they have propounded, and agreed, to have the same Committee attend the King. They are pleased to restrain themselves, that none attend, but the Committee, in regard of his Majesty's Indisposition of Health.
Answer: This House hath likewise resolved to send the same Committee, with the like Restraint; and to attend at the same Time.
Message to Lords.
Sir Ed. Sandys sent up to the Lords, to let them know, we have left out those Words, by a general Consent,without Question.
Only Committee to attend the King.
Ordered peremptorily, That no Members of this House shall attend the King To-morrow Morning, but only the Committee of 48. Their Names to be presented to my Lord Chamberlain.
Answer from Lords.
Sir Edw. Sandys reports from the Lords. - The Lords greatly approve of that Accommodation, of those Words to be omitted in the Writing of Remonstrance.