The Journals of Parliaments, Journal 22 · Part 2

The Journals of Parliaments · Journal 22 · Part 2

p. 498This Bill by the aforesaid Committees received all these alterations following, whereupon it came in as a new Bill again.

THE two first Articles altogether omitted being thought too hard.

The third that the Woman is to lose but two parts of her Jointure or Dower after her Husbands Death.

The fourth, That the Husband not being Recusant, is to forfeit no part of his Land for his Wives Recusancy.

The fifth, All Sales made by Recusants since 2 Eliz. of Lands whereof he taketh the profits, or which Conveyance is upon any trust and confidence, to be void as to the Queen, as for two parts of the profits to be answered her; and so all Sales hereafter to be made by any Recusant Convicted, the Sale being bonâ fide, &c.

The sixth, They shall be disinabled to be Justices of Peace, Mayors, Sheriffs, &c.

The ninth, Children being ten years old, until they be sixteen years, to be disposed of at the appointment of four Privy-Councellors, the Justices of Assize, the Bishop of the Diocess, Justices of Peace. If the third part of the Lands suffice not for maintenance, the rest to be levyed of the Parents goods.

The eleventh, Recusants that be Copyholders, to forfeit two parts to the Lord of the Mannor, if the Lord be no Recusant, and if he be, then to the Queen.

The thirteenth, Protesting that he doth not come under colour of any dispensation or other allowance from the Pope, but for Conscience and Religion.

Thus far out of the aforesaid Anonymous Journal, the rest of the Passages of this day follow out of the Original Journal-Book it self, amongst which is Entred the first reading of the aforesaid new Bill touching Recusants brought in this Morning by the said Committees in these words, viz.

The Bill for reducing disloyal Subjects to their due Obedience had its first reading.

Mr. Richard Lewkenor, one of the Committees in the Bill for confirmation of the Lands of William Raven made unto Lisle Cave, Thomas Andrews and Edward Haselrigg Esquires, shewing, that he and the residue of the Committees in the same Bill did meet together upon Saturday last in the Afternoon, and have upon their said Conference therein thought good to add certain words to the same Bill, viz. in the second line of the Proviso after the word [Conveyance] to add this word [Judgment] and in the same line after this word [made] to add these words [or had] and in the same line also after the word [by] to p. 499add these words [or against]; It was thereupon Ordered by this House upon the question, that the said words should be so added accordingly. And thereupon also were the same added words twice read for the two readings of the same.

Mr. Serjeant Fleetwood and Mr. Thomas Powle do bring from the Lords a Bill Intituled An Act for the restraining of Popish Recusants to some certain place of aboad.

The Bill for the better assurance and confirmation of the Jointure of the Lady Margaret Countess of Cumberland, after some Speeches had towards the furtherance of passing the said Bill, is passed upon the Question.

The Bill concerning the Exemplifications of Fines and Recoveries was upon the second reading committed unto all the Serjeants at Law being Members of this House, Mr. Francis Bacon, Sir Edward Dymock and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

Sir Robert Cecill moved for some course of necessary relief to be had and devised, for the great number of poor people pressing every where in the streets to beg: And dividing them into three parts and sorts, all of them, he said, in Christian Charity ought to be relieved though in sundry degrees, sorting the maimed and lame Souldiers for the first and best kind of those people and meetest to be relieved; The poor Aged and Diseased honest people are in Charity to be holpen for the second; And the stout, idle Rogues for the last and worst fit to be punished and set to work.

It was thereupon moved by Master Sands, for consideration also in that behalf to be had, that the Statutes already in force for relief of the poor and punishment of the Rogues might be perused by a Committee of this House. Whereupon it was Ordered by the House upon the Question, That all the Privy-Council being Members of this House, Sir George Carew, all the Serjeants at Law, Mr. Francis Bacon, Mr. Nathanael Bacon, Mr. Edward Dier, Sir Thomas Ingram, Sir Thomas Baskervile, Mr. Recorder of London, M^r Skinner, M^r Andrew Palmer, Mr. Wroth, Sir William Moore, Mr. George Moore, Sir William Bruncker, Sir Thomas Shirley, Sir Moyle Finch, Mr. Henry Finch, Sir Edward Dymock, Sir Francis Drake, Mr. Edgecombe, Mr. Thomas Fane, Sir Walter Covert, Sir Walter Raleigh, Mr. Auton, Mr. Nicholas Sanders, Sir Francis Vere, Mr. Sands, Mr. Chuite, Mr. Hackford, Sir John Points, Sir Henry Cocke, Sir Edward Hobby, Mr. Charles Dymock, Sir Robert Sidney, Mr. Arthur George, Sir Anthony Cope, Sir John Wingfield, Sir Henry Knivet, Sir Ferdinando George, Sir William Read, Sir Coniard Clifford, Sir Humphrey Foster, Sir Edward Stafford, Sir Robert Sackvile, Sir Henry Poole, Mr. John Thynne, Sir Thomas Dennyes, Sir William Bevile, Mr. Lawrence Stoughton, Mr. Edward Lewkenor, Sir John Harrington, Mr. Warren, Sir Francis Hastings, Mr. Boyes, Mr. Amersham, Mr. Perriam, Sir Thomas West, Mr. George Wray, Sir Thomas Read, Mr. Richard Lewkenor and Mr. Horsey should meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber, to confer about the said matters so moved; and also to confer touching the continuation of such other Laws and Statutes as are fit to be considered of in this present Sessions to be further continued.

On Tuesday the 13^th day of March, the Bill for reducing disloyal Subjects to their due obedience had its second reading.

Mr. Chancellor of the Exchequer brought in a Preamble agreed by the more part of the Committees to be set down in the Bill for the Subsidies, if this House shall like of it; which Preamble being read by the Clerk of this House, the same was after some Speeches had committed upon the Question unto Mr. Vice-Chamberlain, Mr. Chancellor of the Exchequer, Mr. Broughton, Mr. Brown and others, to be presently further considered of in the Committee Chamber of this House.

Mr. Attorney General and Mr. Doctor Ford do bring from the Lords a Bill concerning the Lands of Henry late Lord of Burgavenny deceased, with a Message also from their Lordships, to desire that a Committee of selected Members of this House may be appointed to have Conference with a Committee of the Lords touching the continuance of Statutes; It was resolved by the House to assent unto such a Committee accordingly, and that assent was also delivered in Answer to the said Mr. Attorney and Mr. Doctor Ford, and offer to be ready to attend their Lordships therein at such time and place as their Lordships shall please to signifie unto this House and appoint for that purpose.

After which Mr. Attorney General and Mr. Doctor Ford do bring word from the Lords, that their Lordships have nominated sixteen of themselves to confer with a convenient number of this House touching the said consideration for continuance of Statutes, and have appointed the time to be on Thursday next at two of the Clock in the Afternoon in the Exchequer Chamber next the Upper House of Parliament, if the House shall so think good. Which being shewed to the House by Mr. Speaker, it was Ordered by this House, that the former Committees of this House, yesterday selected for that purpose, should attend their Lordships to Morrow at the said time and place. Which was afterwards so signified over by Mr. Speaker unto the said Mr. Attorney General and Mr. Doctor Ford accordingly.

The said Preamble in the Bill of Subsidy being brought in again amended by the said Committees and read to the House by the Clerk, was agreed on by the whole House and appointed to be delivered to her Majesties Learned Councel, for the more speedy drawing of the Bill.

Nota, That this Bill touching the Subsidy after many days agitation did at length very difficultly pass the House by reason of the greatness thereof, on Thursday the twenty second of this instant p. 500March ensuing, this present day being the first in which the very Preamble was brought into the House and agreed upon, for which many in the House desired a longer time for it to be considered of by a Committee, and not to have been so suddenly assented to, as is noted in the foresaid Anonymous Journal more particularly mentioned at the beginning of this present Journal: But that the Speaker perceiving the Privy Counsellors of the House desirous to have the Bill expedited, did over-reach the House in the subtile putting of the Question; by which means it had been only considered of in the Committee-Chamber by those eighteen Members of the House appointed in the beginning of this Forenoon, and by them brought back again into the House, before the ending thereof, and so was agreed on by the said House as is aforesaid.

The Bill for Vesses which was committed on Friday the 9^th day of this instant March foregoing, was delivered to Sir Francis Hastings one of the Committees.

The Bill for Perpetuities committed on Friday the 9^th day of this instant March foregoing, was delivered to Sir Edward Hobby one of the Committees.

The Bill against Counterfeiting of Counsellors Hands, &c. committed on Saturday the 10^th day of this instant March foregoing, was delivered to Sir William Knolls one of the Committees.

Nota, That the Bill against Recusants, which had been newly brought in by the Committees on Monday the 12^th day of this instant March immediately foregoing, and the old Bill rejected, and had in the beginning of this Forenoon been read the second time, was now in the end of the same spoken unto by divers Members of the House. Which speeches containing in them matter of good consequence are wholly omitted in the Original Journal-Book it self, and are therefore supplied out of the aforefaid Anonymous Journal more particularly mentioned in the beginning of this present Journal, in manner and form following.

M^r Sands spake to the Bill for Recusants, that it might be as it went first for Recusants generally, and not restrained to Popish Recusants only: So that under this Bill there might be included Brownists and Barrowists.

M^r Lewes shewed, that it was not fit that the Bill should include any other than Popish Recusants.

M^r Speaker said, that the Preamble of this Bill being conferred with the body of this Bill, other Recusants than Popish Recusants could not be comprized therein. For the Title of the Bill and the Preamble run only in this manner, Against such as are enemies opposed to our State, and adherents to the Pope. So another Bill might be framed against those persons, but these cannot be comprized therein.

M^r Dalton would have Recusants that be Brownists comprized in the Bill as well as Popish Recusants, and to that end would have the Preamble altered, and be to repress disloyal Subjects and to impose upon them more due obedience; and so to go directly to the Act, Be it Enacted, leaving out all the Preamble; for he cited some Bills overthrown, as he said, only by reason of superfluous words in the Preamble.

Doctor Lewin made a long Speech. His end was only to have the Brownists and Barrowists as well provided against as Papists; but whether in this Bill or in some other, he left that to the Wisdom of the House.

After which Speeches the said Bill was committed again to the former Committees which were appointed on Wednesday the 28^th day of Febr. last past.

Thus far out of the aforesaid Anonymous Journal, that which follows is out of the Original Journal-Book it self.

On Wednesday the 14^th day of March Sir Edward Hobby, one of the Committees in the Bill touching M^r Read Stafford, brought in the Bill with some amendments, and opening the effects of the said Amendments to the House, the same Amendments then also being read by the Clerk, It was Ordered by this House, that the same Amendments should be inserted accordingly into the same Bill.

The Bill for M^r Anthony Cook had it first reading.

M^r Richard Lewkenor, one of the Committees in the Bill concerning the lawful deprivation of Edward Bonner late Bishop of London, brought in the Bill with some Amendments, and opening the Contents of the same Amendments to the House, the same Amendments also being then read to the House by the Clerk, it was Ordered by this House that the same Amendments should be inserted in the said Bill accordingly.

M^r John Hare, one of the Committees in the Bill concerning M^r Valentine Knightley brought in the Bill with some Amendments, and opening the Contents of the said Amendments to the House, the same Amendments being then also read to the House by the Clerk, It was Ordered by this House that the same Amendments should be also inserted into the said Bill accordingly.

The Bill for reducing of her Majesties Subjects to their due obedience committed Yesterday to the former Committees who were appointed on Wednesday the 28^th day of February (last past) was this day delivered to M^r Treasurer one of the Committees.

M^r Lewes one of the Committees in the Bill touching salted Fish and salted Herrings, brought in the Bill with some amendments, and shewing the Contents of the said Amendments, and the same being read by the Clerk of the House, it was Ordered bythis House, that the said Amendments should be inserted in the said Bill accordingly.

M^r Serjeant Yelverton one of the Committees in the Bill concerning the Exemplifications of p. 501Fines and Recoveries, brought in the Bill with some Amendments, which Amendments being twice read, the Bill after many Speeches both with and against the same Bill was dasht upon the question for ingrossing.

Three Bills also had each of them one reading; of which the last being the Bill touching the over-lengths of broad Cloth, was upon the second reading committed unto Mr. Chancellor of the Exchequer, the Burgesses of Worcester and Coventry, the Knights and Citizens of Yorkshire and the City of York, and others, who were appointed to meet upon Friday next at two of the Clock in the Afternoon in this House.

Richard Goodwin, returned one of the Citizens for the City of Wells in the County of Somerset, is for his better recovery of health, licenced by Mr. Speaker to depart home into his Country; and the said Mr. Goodwyn left two shillings and six pence with the Serjeant of the House to be distributed amongst the Poor.

The Bill to avoid stealing of Oxen, Kine, Sheep and other Cattle was upon the third reading dashed upon the Question.

On Thursday the 15^th day of March, Sir Edward Dymock, one of the Committees in the Bill for Confirmation of Letters Patents to the Mayor, Sheriff, Citizens and Commonalty of the City of Lincoln, (appointed on Saturday the 10^th day of this instant March foregoing) brought in the Bill with some Amendments, and opening the Contents of the same Amendments, the said Amendments were afterwards read by the Clerk, and then upon the question agreed by the House to be inserted in the said Bill accordingly.

Two Bills of no great moment had each of them one reading; of which the second being the Bill touching Execution of Process, was upon the second reading committed unto M^r Lewes, Sir Edward Dimock, the Recorder and Citizens of York, M^r Recorder of London and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in this House.

The Amendments in the Bill touching the late Deprivation of Edward Bonner late Bishop of London being twice read by the Clerk, the Bill was upon the question Ordered to be ingrossed.

The Amendments in the Bill touching salted Fish and salted Herrings being twice read, the Bill was upon the question Ordered to be ingrossed.

The Amendments in the Bill for confirmation of assurances of certain Lands and Tenements from Richard Knightley, Valentine Knightley and Edward Knightley Esquires, unto Charles Hales Esquire, Thomas Bricket and John Lamberd Gent. being twice read, the Bill was upon the question Ordered to be ingrossed.

M^r Serjeant Harris, one of the Committees in the Bill for the Naturalizing of Samuel Saltingstall and others, appointed on Monday the fifth day of this instant March foregoing, brought in the Bill with some Additions, which being first read to the House, were by the Order of the House agreed to be inserted into the Bill, and then afterwards the same Additions being twice read, the said Bill was Ordered to be ingrossed.

The Amendments in the Bill concerning M^r Read Stafford being twice read, the Bill was upon the question Ordered to be ingrossed.

M^r Wroth, one of the Committees in the Bill for the true assizing of Bread (appointed on Monday the 5^th day of this instant March foregoing) shewed the meeting and travel of the said Committees at sundry times about the said Bill, and that they thought good to make a new Bill for that matter. And so delivered in both the old Bill and also the new Bill.

The Bill for restraining Popith Recusants to some certain places of aboad, was read the second time, and committed to the former Committees (which said Committees were appointed on Wednesday the 28^th day of February last past) to meet to Morrow at two of the Clock in the Afternoon in this House, and the Bill was delivered to M^r Treasurer.

M^r Winch, one of the Committees in the Bill for the relief of Jurors upon Tryals between party and party, appointed on Saturday the 10^th day of this instant March foregoing, shewed, That the Committees have met and conferred on the said Bill, and did think good to make a new Bill. And so delivered in both the old Bill, and also the new Bill.

To Morrow in the Afternoon is appointed to have Conference and meeting touching provision to be treated of for relief of poor Souldiers. The Committee for which business was appointed on Monday the 12^th day of this instant March foregoing. p. 502mitted unto Sir William Moore, Mr. Hubbard, Mr. Sands and others; and the Bill was delivered to Mr. Hubbard, who with the rest were appointed to meet upon Tuesday next in the Afternoon at two of the Clock in the Exchequer Chamber.

Mr. Thomas Posthumus Hobby is Ordered by this House to move Sir Edward Hobby Brother of the said Thomas, that the Bills in his Custody touching springing uses and perpetuities, and touching the Execution of Process, and against Recusants, may be brought into this House to Morrow sitting the Court.

The Committees in the Bill against Counterfeiting of Councellors hands, &c. (appointed on Saturday the 10^th day of this instant March foregoing) are deferred until Monday next in the Afternoon.

The Bill concerning Mr. Ognall was upon the second reading committed unto Mr. Chancellor of the Exchequer, Sir John Wolley, Mr. Wroth and others, who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber.

Mr. Serjeant Owen and Mr. Doctor Carey do bring from the Lords a Bill Intituled An Act against persons Outlawed, and such as will not pay their Debts and Duties.

The Bill for granting of three intire Subsidies and six Fifteenths and Tenths granted to the Queens Majesty had its first reading. Vide more concerning this Bill on Thursday the 22^th day of this instant March next ensuing.

On Saturday the 17^th day of March, Mr. Richard Toptliffe and Mr. William Basset Esquires, Sheriffs of the County of Darby, and Mr. Moore being of Councel with Mr. Basset were heard at large at the Bar of this House touching the Case of Thomas Fitzherbert Esquire, returned a Member into this House, and now Prisoner in the Custody and Charge of the said Sheriffs; and after long hearing of the said Parties, it was in the end resolved by this House, that this House being a Court of Record would take no notice of any matter of fact at all in the said Case, but only of matter of Record. And that M^r Speaker on the behalf of this House shall move the Lord Keeper of the Great Seal of England for return to be made by the said Sheriff into the Chancery of the Writ of habeas corpus cum causa, in that Case lately awarded by his Lordship unto the said Sheriff, upon Motion to his Lordship from this House in that behalf, according to the purport of the same Writ, which being not done with such due Expedition as it ought, (the same being indilatè) his Lordship will then at the request of this House assess a good round Fine upon the said Sheriff for the same his Contempt. Vide concerning this matter on Thursday the first day, and on Friday the second day of this instant March foregoing; as also on March 30^th Friday, Apr. 3^d Tuesday, and Apr. 5. Thursday postea.

M^r Thomas Posthumus Hobby shewed, that according to the appointment of this House he hath moved his Brother Sir Edward Hobby for the two Bills which were in his hands, viz. the Bill for Perpetuities and the Bill touching the Execution of Process, &c. And that the said Sir Edward Hobby saith, he is a Committee amongst others in both the same Bills by appointment of this House, and that the same Bills were in that respect delivered to him by the Clerk of this House: And that albeit he thinketh it reasonable he should be acquainted with the proceedings in the said Bills in the Committee, as one of the same Committees; yet in regard of the dutiful good will he beareth to the Members of this House, and loth to offend any of the same, he delivered the said Bills to the said Mr. Posthumus Hobby to be brought into this House accordingly. And so the said M^r Thomas Posthumus Hobby delivered the said Bills.

Three Bills had each of them one reading; of which the last being the Bill to confirm the sale of certain Lands and Tenements made by Sir Richard Knightley Knight, Valentine Knightley and Edward Knightley Esquires, unto Charles Hales Esquire, Thomas Bruncket and John Lambert Gent. and others, was read the third time and passed upon the question.

The Serjeant of the House received of M^r Miles Sands six shillings, and of M^r Lewes two shillings to be given amongst the poor. Which it should seem they left with the said Serjeant upon Licence given them by M^r Speaker to depart into the Country upon some necessary Occasions.

M^r Finch, one of the Committees in the two Bills touching Popish Recusants, bringeth in both the same Bills with some Amendments; which said Amendments being opened by him unto the House, and afterwards read by the Clerk of the said House, the same Amendments were Ordered by the House to be put into the same Bills accordingly.

The Bill concerning springing uses and perpetuities was delivered to M^r Serjeant Harris one of the Committees appointed on Friday the 9^th day of this instant March foregoing.

And the Bill for the speedy Execution of Process (appointed to be considered of on Thursday the 15^th day of this instant March foregoing) was delivered to Mr. Dalton one of the said Committees.

On Monday the 19^th day of March, Two Bills of no great moment had each of them one reading; of which the first being the Bill concerning Iron Wier and Iron Wier-Works was read the first time.

Sir Francis Hastings, one of the Committees in the Bill concerning the breadth of Plunkets, Azures, Blues and other Coloured Cloaths, &c. appointed on Friday the 16^th day of this instant March foregoing shewed, that he and the residue of the Committees in the same Bill have met together, and thought good to make some Addition to the said Bill; and opening the contents thereof to the House, and afterwards praying the same to be read, it was after the reading p. 503Ordered to be inserted into the said Bill.

Mr. Speaker shewed unto the House, that according to their late direction he hath moved the Lord Keeper for the speedy bringing up of one Mr. Tho. Fitzherbert, and also for a Fine to be assessed by his Lordship upon Mr. Basset the Sheriff of Darbyshire, according to the request of this House for his contempt in not returning the Body and Cause of Mr. Fitzherbet heretofore according to the Writ: all which Mr. Speaker said, his Lordship would willingly do. Vide concerning this matter on Thursday the first day, Friday the second day, and on Saturday the seventeenth day of this instant March foregoing.

The Bill concerning the lawful Deprivation of Edward Bonner late Bishop of London had its third reading, and after sundry Speeches some words were added to the end of the Bill, and a Proviso also after those words so added were likewise read, and presently inserted into the said Bill, and three times read. The said Bill in such sort amended was passed upon the Question.

Mr. Vice-Chamberlain one of the Committees touching the relief of the poor (appointed on Monday the 12^th day of this instant March foregoing) and for continuance of Statutes, moved that for some present relief for poor Maimed and sick Souldiers, a Collection might be had amongst the Members of this House, at the rate of thirty shillings a piece for every one of this House being of her Majesties Privy-Council, ten shillings a piece for every one returned a Knight for any Shire into this Parliament, and every other being a Knight in Degree, though returned but as a Burgess; and every other of meaner degree that is returned for a Burgess at five shillings a piece: And that all such as are departed without Licence pay double after the said rates. Which was immediately upon the Question assented unto by the whole House accordingly.

Sir Robert Cecill, one other of the same Committees, liking well of the said course taken upon the said Motion made by the said Mr. Vice-Chamberlain, moved further for some future continual contribution of relief for maimed sick Souldiers and Mariners, and offered a Plot in Articles for a Bill to be framed to that purpose, and prayeth the reading of the said Articles. Which being thereupon read by the Clerk accordingly and well liked of by the House, the said Articles were by Order of the House referred to the said former Committees, (whose names see before on Monday the 12^th day of this instant March foregoing) to draw a Bill thereupon to that purpose accordingly.

Mr. Francis Bacon, one other of the said Committees, very well liking and much commending the said endeavours and Reports of the said Mr. Vice-Chamberlain and Sir Robert Cecill, maketh a Report at large of the Conference of the Committees of this House had with the Committees of the Lords concerning the continuance of Statutes, to about the number of twenty five or twenty six he said. And so entring into the particularities thereof, in sundry degrees, whereof some were doubtful and some disputable; amongst the said Committees on both sides it was thought sit for this time it should be left to further Conference amongst the said Committees accordingly.

The Bill concerning the assurance of certain Lands and Tenements to Read Stafford Esquire and Mabil his Wife, and to the Heirs of the said Read, was read the third time, and passed upon the Question.

M^r Calfeild, M^r Lewkenor, Sir Humphrey Foster, Mr. Valentine Knightley, Mr. Finch, Mr. Reynold, Mr. Fulk Grevill and Mr. Broughton were added to the Committees for George Ognell appointed on Friday the 16^th day of this instant March foregoing.

The Bill and Committees names concerning Petite Larceny appointed on Friday the 16^th day of this instant March foregoing, was delivered to Mr. Hubbert one of the said Committees.

And the Bill against Counterfeiting of Councellors hands, &c. committed on Saturday the 10^th day of this instant March foregoing, was delivered to Sir John Wolley one of the said Committees.

In the Afternoon.

The Bill for granting of three intire Subsidies and six Fifteenths and Tenths to her Majesty was read the second time, and the Proviso for the five Ports was then altered, and also twice read. The said Bill upon the question was Ordered to be ingrossed.

Nicholas Curwen and Wilford Rawson Esquires, returned into this present Parliament Knights for the County of Cumberland, are for their necessary Service in the affairs of her Majesty licensed to depart.

On Tuesday the 20^th day of March, Three Bills had each of them one reading; of which the last being the Bill touching the Sale of the Gray-Fryers in the Town of Cambridge was twice read and Ordered to be ingrossed. By vertue of which said Bill, upon the Sale of the said Friery, the Colledge now called Sidney Sussex Colledge was built in the said University.

Mr. Cradock, one of the Committees in the Bill for the better Execution of the Process and against Recusants, (committed on Thursday the 15^th day of this instant March foregoing) shewed, that he and the residue of the Committees have met together, and upon good considerations have thought good to amend sundry things in the said Bill. And opening unto the House the effects of some Amendments, the same Amendments being thereupon read to the House, it was Ordered upon the question that they should be inserted into the said Bill accordingly.

Sir John Wolley, one of the Committees in the Bill against counterfeiting of Councellors and p. 504principal Officers hands, (appointed on Saturday the 10^th day of this instant March foregoing) shewed, that he and the residue of the Committees have met together, and upon the end of their Travel therein do all of them think it a very dangerous Bill, and not fit in their opinions to pass this House. And did further think good to leave the same to the good consideration of this House. And because it is a Bill which came from the Lords, they thought good with … said report first made to deliver the said Bill again into this House, and so there to leave it in such sort as it is and not otherwise.

The Bill concerning the Lands late of Henry late Lord Burgavenny was upon the second reading committed unto M^r Thomas Fane, Sir Henry Knivett, M^r Recorder of London and others. And the Bill was delivered to Sir William Haward, one of the said Committees, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

Four Bills of no great moment were sent up to the Lords by M^r Vice-Chamberlain and others; of which the first was touching the sale of Raven's Lands, and another touching salted Fish.

It is Ordered, that touching the Bill against Alien Strangers selling by way of Retail, whereof report was now made by M^r Recorder of London, one of the Committees in the same Bill, of that which was done yesterday by such of the Committees as then did meet, or at the least by the more part of them, viz. by five, there being in very deed but nine in all, both parts should be heard to Morrow in this House with their Council.

The Bill for Confirmation of Letters Patents to the Mayor, Sheriff, Citizens and Commonalty of the City of Lincoln was read the third time, and passed upon the question.

M^r Serjeant Owen and M^r Powle did bring word from the Lords, that their Lordships desire Conference with the Committees of this House upon Thursday next at two of the Clock in the Afternoon in the Chamber next the Upper House, touching the Continuance of Statutes and relief of poor maimed Souldiers, if this House shall so like. Which Message being opened to the House by M^r Speaker, it was Ordered by this whole House, that the former Committees of this House (whose names see before on Monday the 12^th day of this instant March foregoing) should attend their Lordships at the said time and place accordingly. Which resolution of this House was also thereupon signified from this House to their Lordships by the said M^r Serjeant Owen and M^r Powle.

The Bill for the better expedition of Justice in the Court of Star-Chamber was read the second time. After the reading of which Bill M^r Francis Bacon stood up and and spake very earnestly against it, by means whereof, as it should afterwards seem, the Bill was Dashed. Which said Speech containing divers matters of good moment in it, although it be omitted in the Original Journal-Book it self, yet I have thought good to supply it out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal, being in manner and form following.

M^r Francis Bacon after silence made, spake as followeth: Neither Profit nor Peril shall move me to speak against my Consciene in this place. Yet because I am a party interessed in this Office which the Bill aims at, so may I seem to speak with feeling; my self also not thinking it fit, that being here a Judge, I should speak also as a party: yet I beseech you as the manner is in places Judicial, if the Judge be a party, though he sit not there as Judge, yet may he defend and speak at the Bar as a party in his own Case. So I beseech you, because I may hap to yield reason to the satisfying of any that yet may stand for the Bill, let me be heard to speak at the Bar. And then he offered to go to the Bar, but the House in favour would needs have him speak in the place where he sat. First there is cunning shewed in the Bill, and for that my Lord Keeper might be affected, it seems to give him the bestowing of the Clerks places. Secondly, to insinuate with practising Lawyers, it gives them a Fee; For no Interrogatories should be administred whereto their hand was not under. Thirdly, it offered also some kindness to me, for it gave a present Forfeiture of the Office upon sundry defaults. Fifthly, to the subject in general it pretended a very great relief. So that it carried a plausible show, but indeed the Bill was in it self prejudicial to her Majesty, inconvenient to the Judges of that Court, and burthensome to the Subject. Prejudicial to her Majesty, for it makes a diminution of her Inheritance; Inconvenient, for the Clerks place hath always been in her Gift, and this Bill would carry it to the Lord Keeper, who never before had it.

It is an Indignity offered unto the Court, for that the Clerk must be Ordered by an Act of Parliament, as if their wisdom and Care were not sufficent to relieve any abuses they should find in their Officers to the grief of the Subject.

Great Injury is offered to the parties interessed; for first, an Office which is incident unto the Clerk is given from him, he shall not have the appointing of his own Examiner. And again the Ancient Fee hath always been twelve pence the sheet, and as much in other Courts; therefore this is not tolerable. And considering the place of his Attendance, his place is in the highest Court, wherefore in reason his Fee is to have proportion with his Attendance.

Now where relief and Ease were pretended to the Subjects, no such thing will come by the Bill, but rather a greater Charge; for it gives a Fee for Judicial Acts, as for making Reports, for which no such Fee is due. It appoints that a Councellors hand must be to all Interrogatories; so their Clyents must pay a Fee more than usually. Also whereas he used upon Commission (the parties talking p. 505with their Deponents) to have Cause presently to draw Interrogatories they thought not ..... before; now they cannot minister any such Interrogatories; nay to every Commission sitting they must bring their Councel, which will be an exceeding great charge.

Besides, the Commissioners are bound under a pain not to accept Interrogatories that are not signed under a Councellors hand; so the Commissioners must take notice at their peril who be Councellors admitted to the parties, who not. These with many other reasons.

There was much division thereupon. Wherefore the Speaker propounded the question, that as many as will not have the Bill rejected say I, and the other to say No. The voice was so indifferent that it could not be discerned which were greater. Then the question grew whether part should go out, those that said I, or those that said No,

M^r Speaker said, the Order of the House is, that the I being for the Bill must go out, and the No against the Bill doth always sit. The reason is, that the Inventor that will have a new Law, is to go out and bring it in; and they that are for the Law in possession must keep the House, for they sit to continue it.

Thus far out of the aforesaid Anonymous Journal. The further Passages of this day and part of the next do follow out of the Original Journal-Book it self.

M^r Attorney General and M^r Doctor Stanhop do bring from the Lords a Bill Intituled An Act for Explanation and Confirmation of her Majesties Title to the Lands and Tenements late of Sir Francis Englefield Knight, Attainted of High Treason.

On Wednesday the 21^th day of March, Three Bills of no great moment had each of them one reading; of which the last being the Bill for the maintenance of the Haven in the Town of Colchester, and for the paving of the same Town, had its first reading.

The Amendments in the Bill touching the breadth of Plunkets, Azures and Blues being twice read, the Bill was upon the question Ordered to be ingrossed.

The Amendments in the Bill for the more speedy and due Execution of Process against Recusants being twice read, the Bill was upon the Question Ordered to be ingrossed.

The Councel on both sides were this day heard at large in this House in the Bill against Aliens selling by way of retail any Foreign Commodities, and afterwards sequestred. Which done, the Amendments intended by the Committees in the said Bill were read unto the House, and after the reading Ordered upon the question to be inserted into the same Bill accordingly. After which there followed divers long Speeches and Arguments on both sides both with the Bill and against the Bill, which said Speeches being omitted in the Original Journal-Book of the House of Commons, are in respect of the great weight of this matter touching Aliens now controverted, supplied out of the aforesaid Anonymous Journal (more particularly mentioned at the beginning of this present Journal) in manner and form following, viz.

M^r Francis Moore (of the Middle-Temple) being as it should seem at the Bar, of Councel with the City of London, and in their behalf to speak for the making of a new Law, by the Order of the House spake first, and did at large set forth the inconveniencies that grew to our Nation and Tradesmen by suffering I Tradesmen to retail. First because that Strangers Wares are better than ours, which causeth that our Retaylors have no sale of their Wares. They sell cheaper, though their Wares be as good as ours. And this is by reason they have Factors beyond the Seas that are their Friends and Kinsfolks, and so they save that Charge. A thing to be noted. And wheresoever they are, our own native Retaylors are Beggars. They receive Gentlemen and Yeomens Sons to be their Apprentices, themselves being Retaylors, and this is no Trade afterwards for them to live on; So many Beggars be made consuming their time under them. Their retailing Beggering our Retaylors makes a diminution of the Queens Subsidies. Their riches and multitude makes our Estate poorer and weaker, for they stick upon our wealth, and carry it into Foreign Countries.

In the Statute Richard 3. Cap. 9. there appeareth the like Complaint that now is, which being then made unto the King was then remedied, as appeareth by the Statute. And for the Objections made, First that it were against Charity, that Strangers sleeing hither for Religion and relief should be restrained from the means of getting their livings; Secondly, that their retailing … seneth the prices of our Wares, and encreaseth the number of Buyers; and Thirdly, that it were violating of their priviledge, if we have them by their diminution. The priviledge of S^t Martins hath always been allowed, and now not to be denied. To Answer to these in Order.

First, Charity must be mixt with Policy; for to give of Charity to our own Beggering, were but Prodigality; and such Charity we use; for we allow them all Trades that they have been brought up in; but retailing is a thing that they were never brought up unto in their own Countries, so no reason to allow it them here.

To the second, they buy of us, and sell as brought from beyond Seas; and upon this opinion sell our own Wares dearer than we can do.

Their priviledge of Denization is not to be allowed above the priviledge of Birth, and our Natives are not allowed to Retail and Merchandize as they do. And it may appear by a former Statute, that notwithstanding their Denization they have been bound under the Statute 34 H. 8.

And though the Stranger Merchants pay double Subsidies, yet Strangers Retaylors do not, but p. 506are taxed by the place, and that under value, because their goods and wealth is secret: but barr retailing, and they will all of them be Merchants, and so the Subsidy shall be doubled.

S^t Martins was first allowed for a Sanctuary, and for that Cause had his priviledge, and not to be so ill a Neighbour to the City as to rob it as it doth; and by former Statutes St. Martins hath been barred, as by the Statute 21 H. 8. appeareth, only the Statute of 1. H. 8. exempted it.

M^r Proud of Lincolns-Inn (being as it should seem at the Bar, of Councel with the Strangers, and in their behalf to speak) made particular Answer to M^r Moore for Strangers in resisting his Answers to the five Objections. Then he offered, if the Liberties of the Natives born might be granted to Strangers, they would seek no more, for they desired but to trade in all parts of the Realm.

M^r Hill of Lincolns-Inn (of Councel also with the Strangers, spake next and said, Make it Law that they shall not retail, and the Merchants hereafter will require a Law that they may not use Merchandise; and so the Shoo-maker, Taylor, and others, that they may not use their Trades, and in denying them one, you take away all. (Upon this instant M^r Speaker delivered a Bill which desired they might be barred of such Trades as to be Shoo-makers and such like. But this Bill was thought to be put in by the Strangers themselves of Policy. This I thought.) And besides these Retaylors themselves be not Aliens, but far Foreigners, such as have forsaken their own Countries and Liberties to live here in ours, and home they dare not resort.

Further, of the things they retail we have no Company or Trade here in England, and therefore it were unreasonable to bar them of their said Retailing.

It should seem that these three last before-named were all of the Councel of either part that spoke at the Bar, and that the Speeches following were all of them uttered by several Members of the House.

Sir John Wolley spake next, as it should seem, after the Councel of either part had been heard at the Bar, and said: This Bill should be ill for London, for the Riches and Renown of the City cometh by entertaining of Strangers, and giving liberty unto them. Antwerp and Venice could never have been so rich and famous but by entertaining of Strangers, and by that means have gained all the intercourse of the World.

M^r Fuller spake next against Alien Retaylors, and said: The Exclamations of the City are exceeding pitiful and great against these Strangers; nay had not these latter quiet times in their own Countries, and our troubles made many of them retire home, the Citizens would have been in uproar against them: The which if the Government of the City repress not, they will be apt enough to it. It is no Charity to have this pity on them to our own utter undoing; for of them there ought none to be sworn a Denizen, but he should first swear he is not worth five pound. This is to be noted in these Strangers, they will not converse with us, they will not marry with us, they will not buy any thing of our Country-men. Their retailing is the cause that all things be at that price with us. For they make Lawns Velvets, Rashes, Taffaraes, Linnen-Cloth, and all this they sell to us also. Now whosoever maketh a thing and selleth a thing, raiseth the price of it. The Retailing Stranger buyeth nothing of our Country Commodities, but all he layeth out he buyeth from beyond the Seas. The Searchers have sometimes taken seven thousand pound of theirs at a time.

Sir Edward Dymock speaking for the Strangers, said: The Beggery of our home Retaylors comes not by the Strangers Retailing, but by our home ingrossers; so that if our Retaylors might be at the first hand, they might sell as good cheap as the Strangers. But this Bill is thrust into the House by our home Ingrossers, of Policy, that their beggering of our Retaylors might be imputed to the Strangers Retailing. The Strangers here purchase dear. And beyond the Seas it is lawful for the Strangers, in the places of the best Traffick, to trade in any thing. In Venice any Stranger may buy, sell, or purchase House or Lands, and dispose thereof by his Will, or otherwise at his pleasure, as freely as any Citizen. And this may we do then in some sort. The Strangers are not they that transport our Coin, but it is our Merchants. For it is to be seen in all the Low-Countries, where her Majesty uttereth much Treasure, there is not so much English Coin to be had, as in the same Towns where the Merchants trade. And of my own Experience I know a Town in the Low-Countries, where a Contract of twenty pound was made by an English Merchant, and he agreed to pay it all in English Angels.

M^r Dalton against the Strangers said, That ingrossing ought to be suffered amongst Merchants, because otherwise the Commodities lying to be sold in parcels, would be consumed in Expences before the Ship were discharged. Therefore for Merchandise sake this is to be suffered. He imputed the Beggery of the City to Strangers, and said, that in some one Parish there were a thousand lived by Begging.

M^r Finch spake for the Strangers, and said: We ought not to be uncharitable, but this must be the Rule, None must so relieve Strangers, as by it to begger themselves. But for their riches, it groweth chiefly by Parsimony, and where they dwell I see not that the Nation is so much grieved at them as here in London, for they contribute to all Scots and Lots as we do. Though they be a Church by themselves, their Example is profitable amongst us, for their Children are no sooner able to go, but they are taught to serve God, and to flee idleness; for the least of them earneth his meat by his labour. Our Nation is sure more blessed for their sakes. Wherefore as the Scripture p. 507saith Let us not grieve the Soul of the stranger.

If this Stranger be both a Merchant and a Retaylor, there's a Law against him 15 Eliz. c. 2. But as I am for the Strangers of the Church, so not against any Law that should be made against such Strangers as be not of the Church, but here only for Merchandize; and those who have for Conscience sake only, may again (the fire being quenched) safely return into their own Countries. In 6 R. 2. An Act was made what Wares strangers should retayle and what not; but what is understood by this word retailing, or how far it is stretched, I know not. If Retayling stretch to sell that which they make here, as well as that which is brought from beyond Seas, this is too hard a Construction. In the days of Queen Mary, when our Cause was as theirs is now, those Countries did allow us that liberty, which now we seek to deuy them. They are strangers now, we may be strangers hereafter. So let us do as we would be done unto.

Serjeant Drew said: There is no reason we should be without respect to Strangers, yet our Charity must be done with a feeling of our Countrymens grief: And although I think it not fit, that the Law should look back; to have old men, long inhabiting here, now to become Apprentices; yet that all things should be at liberty to all strangers, as it is, that were not convenient. Wherefore I could wish there might be a Law for those that should come hereafter only, and the strangers that be now might be restrained to their Retayling of some Wares especially. My Motion therefore is, That the House would continue the Committee of the Bill until a further day, that it may receive Motion from their deliberation.

Thus far out of the aforesaid Anonymous Journal, the residue of this days passages that follow, and part of the next, are transcribed out of the Original Journal-Book it self.

After the aforesaid Speeches and Arguments the said Bill against Aliens selling by Retail was upon the question recommitted unto the former Committees (who had been appointed on Tuesday the 6^th day of this Instant March foregoing) to meet again about the same Bill in the Afternoon of this present day; and the Bill was also delivered to M^r Dalton one of the same Committees.

Sir William Bevel Knight, one of the Knights returned for the County of Cornwal in respect of his Wises extream sickness is by M^r Speaker licensed to depart.

Thomas Maylard, one of the Burgesses for Hertford, is for his necessary business at the Assizes licensed by M^r Speaker to depart.

On Thursday the 22^d day of March the Bill for the Grant of three intire Subsidies, and six Fifteenths and Tenths was read the third time, and passed upon the question.

Nota, That this Bill of the Subsidy, in respect of the greatness of the sum, passed the House of Commons with very great difficulty, as may appear by those several days upon which it was agitated, …, on Monday the 25^th day of February, and on Friday the second day, Saturday the third day, Tuesday the 6^th day, Wednesday the 7^th day, Friday the 9^th day, and Saturday the 10^th day, Tuesday the 13^th day, Friday the 16^th day and Monday the 19^th day of this instant March foregoing.

This day the House was called, and those Members of this House which were then present and did appear, did pay into the hands of M^r Robert Wroth and M^r Warren Esquires, their Charitable Contributions to the Relief of the poor in such proportion as had been agreed upon on Monday the 19^th day of this instant March foregoing, viz. every Privy Councellor of the House 30. shillings; every Knight in degree, and every one returned a Knight of a Shire, though not of that degree, and every Serjeant at Law or Doctor of Law (because I suppose they are in some respects accounted equal to Knights) twenty shillings; and every Borough of the Cinque Ports and every Burgess of the House five shillings.

There was also gven by every Member of the House twelve pence a piece to the Serjeant of the said House, for his Attendance, and for the Charges of a Clock set up by him for the use of the House.

There is also one passage of this day more set down in the aforesaid Anonymous Journal, more particularly mentioned in the beginning of this present Journal, which is omitted in the Original Journal-Book it self, being as follweth.

A poor Burgess of the House refused to pay his said Contribution of five shillings, would only pay two shillings six pence: whereupon the Speaker would have Committed him for disobeying the Order of the said House, but most of the Members of the same were against it, and so he escaped.

Thus far out of the aforesaid Anonymous Journal. The passages of the next day following are in part inserted out of the Original Journal-Book it self.

On Friday the 23^th day of March, Two Bills of no great moment had each of them one reading; of which the last being the Bill concerning Woollen Cloaths and Kerseyes made in the County of Devon, out of Cities, Towns Corporate and Market Towns, was upon the second reading committed unto Sir William Moore, all the Knights and Burgesses of Norfolk, York, Surrey. Kent, Somerset, Devon. and Cornwall, M^r Serjeant Harris and others; And the Bill was delivered to Sir William Moore, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in this House.

M^r Attorney of the Dutchy, one of the Committees in the Bill for M^r Anthony Cook, shewed that he and the residue of the Committees in that Bill (appointed on Friday 16^th day of this p. 508instant March foregoing) have met and had Conference together, and that for sundry respects then opened by him to the House, they thought good to frame a new Bill: And so offered the same new Bill, praying it might be read.

M^r Tasborough, one of the Committees in the Bill for relief of Jurors appearing upon Tryals, bringeth in the old Bill with some Amendments, and prayeth that the same Amendments may be allowed of by the House; hereupon they were twice read, and Ordered to be ingrossed; but the Bill remained without any further course or question at that time.

M^r Serjeant Harris, one of the Committees in the Bill for M^r Ognall (which had been appointed on Friday the 16^th day of this instant March foregoing) offereth a Report of the travel of some of the Committees; but it was upon a Counter-Motion made by ..... And so it leaves imperfectly, but it should seem upon the said Counter-Motion made by some other Member of the House, the said Report offered to be made by Serjeant Harris was for this time put by.

The Bill for Explanation and Confirmation of her Majesties Title to the Lands late Sir Francis Englefield's Knight, Attainted of High Treason, was upon the second reading committed unto all the Privy-Council, M^r Attorney of the Dutchy, M^r Nathanael Bacon and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

M^r Finch, one of the Committees in the Bill for the Lord Burgavenny (which had been appointed on Thursday the 20^th day of this instant March foregoing) shewed, that he and the residue of the Committees have met and considered of the parts of the said Bill, and find some defects in the same, chiefly in matter of form, and offered such Amendments unto the House as they thought fit; and prayed the same to be read: which being read by the Clerk, it was Ordered by the House that those Amendments should be added to the said Bill in a Schedule.

After which Report made by M^r Finch, it should seem that there followed further dispute this day touching that weighty business of Aliens retailing of Foreign Wares; which being wholly omitted in the Original Journal-Book it self, is therefore inserted out of the aforesaid Anonymous Journal, more particularly mentioned in the beginning of this present Journal, in manner and form following, viz.

M^r Palmer, Burgess for London, delivered the Bill for retailing, and signfied, that the Committees could not agree upon it; so desired that it would be considered by the House what is fit in their opinions to be done. But the said M^r Palmer was none of the said Committees.

The Speaker was thereupon ready to put it unto the Question, whether the Bill should be ingrossed; but the House would not have it so suddenly put to the Question. M^r Palmer proceeded and said, That the Strangers of late are grown to so great a number, that they being but forty open Retaylors, have undone since the last Parliament sixty at least of our English Retaylors, for so many are now Beggars that were forty pound Subsidy in the Queens Book. Their retailing hath inhanced the price of all Wares, such as they retail: for when they retailed not, but our English used the sale of fine Lawnes, Hollands and Cambricks, they were better cheap by fifteen pound in an hundred.

The Retailors here are but Factors to such as are Merchants beyond the Seas, so they are both Merchants and Factors; a thing which if we should use beyond the Seas, the Law would be fiery to us, or fire should be our Law if we withstood. And those places where we trade with our Cloth, should we retail it also, we should so inhaunce the price, that they would not be very glad of our Traffick. But this mischief is suffered amongst us by the Dutch.

It is to be proved that there were twenty Retaylors in London that passed ten or twelve thousand pound a piece in a year; and this twenty thousand pound a year at the least the Strangers carry out of the Realm, for of our Commodities they esteem nothing.

Where it was said the other day, our Merchants did carry our Coin out of the Realm, there is a restraint now that none shall do it. And it is to be shewed that the Merchants do Weekly bring in twelve or fifteen hundred pound, and sometimes two thousand weight of strange Coin.

Now whereas it is so much urged to be against that Charity which is commended to us by Moses towards the Stranger, let Moses tell us who is that Stranger; even the Fatherless and Widow. Wherefore from them we must not reap too clean, but cast out some handfuls for them to gather up: when we gather our Vintage, or when we gather our Corn, we must not gather too clean. But shall we be put out to gleaning and give our Fields to them? That were beyond Charity. Wherefore let Moses be expounded by the same Spirit. The Apostle saith, That he that provideth not for his Family is worse than an Infidel. Let us then have an Eye to our Country and our poor Country-men. You be here as Patres Patriae, you be here as amongst the Romans the Patres conscripti: I beseech you have respect unto this City, upon whose flourishing Estate the whole Realm dependeth.

Sir Walter Raleigh spake next and said: Whereas it is pretended, That for Strangers it is against Charity, against Honour, against profit to expel them; in my opinion it is no matter of Charity to relieve them. For first, such as fly hither have forsaken their own King; and Religion is no pretext for them, for we have no Dutchmen here, but such as came from those Princes where the Gospel is Preached, and here they live disliking our Church. For Honour, It is Honour to use Strangers as we be used amongst Strangers; And it is a lightness in a Common-Wealth, yea a baseness in a Nation to give a liberty to another Na- p. 509which we cannot receive again. In Antwerp where our intercourse was most, we were never suffered to have a Taylor or a Shoemaker to dwell there. Nay at Millain where there are three hundred pound English men, they cannot have so much as a Barber amongst them. And for Profit, they are all of the House of Almoigne, who pay nothing, yet eat out our profits, and supplant our own Nation. Custom indeed they pay, paying fifteen pence where we pay twelve pence, but they are discharged of Subsidies. The nature of the Dutchman is to fly to no man but for his profit, and they will obey no man long, now under Spain, now under Mounfort, now under the Prince of Orange, but under no Governour long. The Dutchman by his Policy hath gotten Trading with all the World into his hands, yea he is now entring into the Trade of Scarborough Fishing, and the Fishing of the Newfound. Lands, which is the stay of the West-Countries. They are the people that maintain the King of Spain in his Greatness. Were it not for them, he were never able to make out such Armies and Navies by Sea; it cost her Majesty sixteen thousand pound a year the maintaining of these Countries, and yet for all this they Arm her Enemies against her. Therefore I see no reason that so much respect should be given unto them. And so to conclude, in the whole cause I see no matter of Honour, no matter of Charity, no Profit in relieving them.

Sir Robert Cecill spake next and said: When I first heard this Bill read, I promised my self silence for it speaks of Trades, wherein I have no skill: But upon so great dispute as it hath received on both sides, and that very throughly and wisely, my understanding is cleared, and I see that now which I saw not before. What the word Retailing meant, I understood not before, but now it is brought to a matter of Charity to relieve Strangers, and especially such as do not grieve our Eyes. This hath brought great Honour to our Kingdom, for it is accounted the refuge of distressed Nations, for our Arms have been open unto them to cast themselves into our Bosoms: But yet our Charity unto them must not hinder or injure our selves. Now as the Bill is, it is not sufficient for this purpose: And if it be put to a Question, it must either be dashed or put to ingrossing. And for my own Conscience, if the Question be now made, I am not resolved to give my Voice. It were not for the gravity of the House nor the credit of the Committees to have it rejected upon the sudden, and as it is now, it is not fit to pass in my conceit. I see the Citizens themselves will be well assenting unto the reforming of the same; for M^r Recorder yesterday speaking with Zeal for the City, yet with good regard thought the Bill might receive great moderation. And thereupon the House was well pleased to stay the Bill and commit it again to the former Committees, to whom were further added Sir Robert Cecill, Sir Walter Raleigh, Sir Henry Knivet, M^r Wroth and others, who were appointed to meet with the former Committees (who had been nominated on Tuesday the 6^th day of this instant March foregoing) this Afternoon at two of the Clock in this House.

Now followeth the next days Passages and some others ensuing out of the Original Journal-Book.

On Saturday the 24^th day of March, the Bill touching Clapboards and Casks was twice read and committed unto the Committees that follow, viz. M^r Treasurer, M^r Wroth, M^r Francis Bacon, M^r Finch and others, and the Bill was delivered to M^r Treasurer, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

The Bill and Committees names touching the Lands late Sir Francis Englefields Knight, Attainted of High Treason, (who had been nominated on Thursday the 22^th day of this instant March foregoing) were delivered to M^r Vice-Chamberlain.

The Bill for relief of maimed Souldiers and Mariners was upon the second reading committed unto the former Committees (whose names see before on Monday the 12^th day of this instant March foregoing) and Sir Robert Cecill, M^r Richard Brown, M^r Hubberd and others were added unto them, and appointed to meet on Monday next at two of the Clock in the Afternoon in the Exchequer Chamber, and the Bill and Committees names were delivered to Sir Robert Cecill, Vicle plus March 28.

M^r Speaker being moved by M^r Edgecombe to read the private Bill for the Town of Stonchouse, and offering to have the Bill read first which came from the Lords touching Popish Recusants, being a publick Bill and remembred from her Majesty; It was upon the further arguing of Sir Edward Dymock put to the question of the House whether the same Bill for the Town of Stonchouse should be read or no, and upon the Question made was Ordered no.

Four Bills were sent up to the Lords by M^r Vice-Chamberlain and others; of which one was the Bill for Subsidy, and the other touching the Sale of the Gray-Fryers in Cambridge.

M^r Serjeant Owen and M^r Doctor Stamhop do bring from the Lords a Bill intituled, An Act to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts.

The Bill for restraining of Popish Recusants to some certain places of aboad, with the Amendments, were first twice read, and the Bill and Proviso upon the third reading passed upon the Question.

Sir Walter Raleigh, one of the Committees in the Bill against Aliens retailing of Foreign Wares, shewed the travels of the Committees, and offereth unto the House the Bill with a Proviso; And the Proviso being twice read, the Bill and Proviso upon the Question were Committed again to the former Comittees, and the Bill was delivered to M^r Dalton one of the said Committees, who were appointed to meet at p. 510two of the Clock in the Afternoon of this present day in the Exchequer Chamber.

On Monday the 26^th day of March, Two Bills of no great moment had each of them one reading; of which the last concerning Spinners and Weavers was upon the second reading committed unto M^r Chancellor of the Exchequer, Sir William Knowles, Sir Moyle Finch, Sir Francis Hastings and others, and the Bill was delivered to Sir William Knowles, who with the rest was appointed to meet to Morrow in the Afternoon in the Exchequer.

M^r Speaker shewed, that he had received a Bill Signed by her Majesty for the Restitution in Blood of Sir Thomas Parrot Knight Son and Heir of Sir John Parrot Knight deceased lately attainted of High Treason. Whereupon

The Bill for Restitution in Blood of Sir Thomas Parrot Son and Heir of Sir John Parrot Knight deceased Attainted of High Treason, was twice read.

M^r Vice-Chamberlain, one of the Committees in the Bill concerning Lands late Sir Francis Englefields Knight attainted of High Treason (who had been appointed on Thursday the 22^th day of this instant March foregoing) shewed, that he and the residue of the Committees in the same Bill have met together, and for certain things considered therein by them touching some Misprisions and imperfections both in sence and in writing, have thought good, that the said Committees of this House might upon a Motion to be made unto the Lords for Conference touching the said Misprisions and Imperfections have Conference with their Lordships therein, for that the same Bill came from their Lordships. Which upon that motion was assented unto by the whole House accordingly.

And immediately after, the Bill for restraining Popish Recusants to some certain places of aboad lately passed with some amendments in this House, which before came from the Lords; and the Bill also for Confirmation of the Joynture of the Lady Margaret Countess of cumberland, which likewise lately passed in this House; and did also before come from the Lords, were sent up to the Lords by M^r Vice-Chamberlain and others, with Order furthermore of this House to move their Lordships for the said Conference touching the said Misprisions and Imperfections, in the Bill touching the said Lands, lately the said Sir Francis Englefields.

The Bill for the bringing of fresh water to the Town of Stonehouse was upon the second reading committed unto Sir Francis Drake, M^r Edgecombe, Sir Thomas Conisby, M^r Dalton and others, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

The Bill for the Haven of Plymouth, and the Bill for the Inning of Plimpton Marsh were each of them read the second time, and committed to the former Committees in the Bill for the Town of Stonehouse, to meet at the same time and place, and the Bills were both of them delivered to Sir Francis Drake one of the said Committees.

The Bill concerning the Lands of Henry late Lord Burgavenny had its third reading, and the amendments were also read the third time, and the Bill with the Amendments passed upon the Question.

The Bill touching the Assize of Fuel was upon the second reading committed unto M^r Humphrey Conisbie, M^r Fanshaw, M^r Wroth, and others, and the Bill was delivered to M^r Fanshaw, who with the rest was appointed to meet this present day at two of the Clock in the Afternoon in the Exchequer Chamber.

M^r Serjeant Owen and M^r Doctor Ford do bring word from the Lords, that their Lordships according to the request of this House have assented unto the Conference demanded touching the said Bill, concerning the Lands late Sir Francis Englefields lately Attainted of High Treason; and that their Lordships have appointed the time to be to Morrow Morning at eight of the Clock at the accustomed place.

The Bill to give liberty to the Lord Harowden to sell certain Lands for the payment of his debts, had its first reading.

M^r Serjeant Owen and M^r Doctor Ford do bring word from the Lords, that touching the amendments of this House in the Bill which first passed in the Upper House, and was afterwards sent down unto this House; for restraining of Popish Recusants, to some certain places of aboad, and then passed in the House with some Amendments, and sent unto their Lordships this present day, their Lordships do desire that these Committees of this House which are appointed to have Conference with their Lordships to Morrow touching the said Bill concerning the Lands late Sir Francis Englefields, may also have Authority from this House at the same time and place to have Conference likewise with their Lordships touching the said Amendments of this House in the said Bill for restraining Popish Recusants to some certain places of aboad. Which afterwards upon the Return of that Message made unto that House by M^r Speaker was assented unto by the whole House accordingly, and so signified also unto the said Mr. Serjeant Owen and Mr. Doctor Ford.

On Tuesday the 27^th day of March Mr. Fuller, one of the Committees in the Bill for repealing of a branch of a Statute made in quarto & quinto Phil. & Mar. intituled An Act touching the making of Woollen Cloath, shewed the Travel of the Committees in the same. Whereupon after some other speeches then moving the House, the said Bill was recommitted to the former Committees (who had been appointed on Wednesday the 14^th day of this Instant March foregoing) to meet again this Afternoon.

The Bill touching the true and lawful Assizing of Bread was read the second time, and upon the doubtfulness of the Voices whether it should be Ingrossed or no, was upon the Question by the division of the House rejected, with the difference p. 511of twenty seven Voices, viz. with the Yea sixty five, and with the No ninety two.

The Bill to make void the Spiritual Living of those that have forsaken the Realm, and do cleave unto the Pope and his Religion, was twice read, and Ordered to be ingrossed.

The Bill against Strangers retailing of Foreign Wares was read the third time, and after many long Speeches both with the Bill and against the Bill, passed upon the Question by the division of the House, with the difference of fourscore Voices, viz. with the Yea a hundred sixty two, and with the No eighty two. Vide concerning this business on Tuesday the 6^th day. on Tuesday the 20^th day, Wednesday the 21^th day, and on Friday the 23^th day of this instant March foregoing.

Matthew Jones Gentleman, being found sitting in this House, and no Member of the same, was brought to the Bar, and there being charged by M^r Speaker for his said offence, humbly excused himself by Ignorance; and appearing unto the House to be a simple ignorant old man, was upon his humble submission pardoned to be discharged to Morrow, paying his Fees, and Ordered in the mean time to remain in the Serjeants Ward of this House.

M^r Serjeant Owen and M^r Doctor Stanhop do bring word from the Lords, That upon Thursday next at two of the Clock in the Afternoon in the accustomed place, Three Earls, three Barons and three Bishops of the Upper House, are appointed to have Conference with some of the Members of this House, if this House should so like, touching a Proviso to be devised for … Coverts mentioned in the Amendments of this House to the Bill which passed with their Lordships for restraining of Popish Recusants to certain places of aboad: And shewed, that their Lordships did like very well of the residue of the said Amendments. Which passage being opened unto the House by M^r Speaker, it was Ordered that a competent number of Committees in the said Bill (who had been appointed on Wednesday the 28^th day of February foregoing should attend their Lordships, which was so signified unto the said M^r Serjeant Owen and M^r Doctor Stanhop.

After which the said M^r Serjeant Owen and Mr. Doctor Stanhop do again bring word from the Lords, that touching the date of the beginning or of a Prorogation of a Parliament mentioned in the Bill touching Sir Francis Englefield's Lands, their Lordships do desire, that at the Conference about Recusants, already appointed on Thursday next, a Committee of this House may then also confer with their Lordships in that matter also. Which was then granted.

The Bill for Mr. Anthony Cooke was read the third time, and passed upon the Question.

On Wednesday the 28^th day of March, the Bill for reviving, continuing, explanation and perfecting of certain Statutes was twice read, and committed to the former Committees (whose names see before on Monday the 12^th day of this instant March foregoing) and unto Mr. Heiman, Mr. Dewhty, Mr. Rotheram, Mr. Finch, Mr. Attorney of the Dutchy, the Burgesses of the Cinque-Ports, Mr. Broughton, Mr. John Hare, Mr. Penruddock and Mr. Doctor Caesar, and the Bill was delivered to Mr. Wroth one of the former Committees, who with the rest was appointed to meet in this place at two of the Clock in the Afternoon of this present day.

Sir Robert Cecill, one of the Committees in the Bill for the relief of poor maimed Souldiers, (who had been appointed on Monday the 12^th day of this instant March foregoing) shewed, that the Committees have met together, but in effect upon sundry reasons shewed amongst them by divers of the said Committees to contrary effects, they could come to no Conclusion, but rather to a meer confusion upon the points of the matter; for his own private part said in the end, That as this House had committed the said Bill unto him and the residue of the said Committees, so had he thought good to commit the same Bill to Prison rather than to return it to this House again in the same or no better state than they did before receive it.

M^r Treasurer, one of the Committees touching Clapboards and Casks (appointed on Saturday the 24^th day of this instant March foregoing) shewed the meetings of the Committees and their Amendments to the Bill. Whereupon the said Amendments being read, the Bill and Amendments after some Speeches had to the same were recommitted to the former Committees, and M^r Bucking now added unto them, to meet this Afternoon.

The Bill for Naturalizing of certain Englishmens Children born beyond the Seas, was read the third time and passed upon the Question.

M^r Boucher, one of the Committees in the Bill for the Town of Stonehouse (which had been appointed on Monday the 26^th day of this instant March foregoing) shewed the meeting of the Committees, and their Amendments to the Bill; which Amendments being twice read, the Bill with the Amendments were Ordered by the House to be ingrossed.

The Bill for restitution in blood of Sir Thomas Parrot Knight, had its third reading and passed upon the question.

The five Bills which last passed this House, viz. the Bill for restitution in blood of Sir Thomas Parrot Knight, the Bill concerning the Lands of Henry late Lord Burgavenny, the Bill against Strangers retailing of Foreign Wares, the Bill for Mr. Anthony Cooke, and the Bill for Naturalizing of certain English Mens Children born beyond the Seas, were sent up to the Lords by Mr. Treasurer and others.

The Bill for the Lord Harowden had the second reading, and thereupon was committed to Sir John Harrington, Mr. Wroth, Mr. Hare and others; and the Bill was delivered to Sir John Harrington, who with the rest was appointed to meet this Afternoon in this House.

p. 512Matthew Jones Gentleman, Prisoner in the Serjeants Ward, being brought to the Bar and charged by Mr. Speaker with the greatness of his misbehaviour, in presuming to intrude himself yesterday into this High Court of Council being no Member of the same, and giving him grave admonition for his future dutiful behaviour, shewed him in the end, that in regard of his humble submission this House doth discharge him paying his Fees.

The Bill for the maintaining of Wier-Works was upon the second reading committed unto Sir Edward Dymock, Mr. Doctor Caesar, the Knights and Burgesses for York and Yorkshire, Mr. Wroth and others, and the Bill was delivered to Mr. Doctor Caesar, who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

On Thursday the 29^th day of March, Mr. Broughton, Mr. Attorney of the Dutchy, Sir Thomas Dennis, and Sir Francis Gudolphen were added to the former Committees in the Bill for the Haven of Plymouth (who had been appointed on Monday the 26^th day of this instant March foregoing) and appointed to meet at two of the Clock in the Afternoon of this present day.

The Bill concerning the Haven of Colchester, and the paving of the said Town, was upon the second reading committed unto Mr. Vice-Chamberlain, the Burgesses of Colchester, Mr. Grimston and others; And the Bill was delivered to Mr. Wroth, one of the said Committees, who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Mr. Treasurer, one of the Committees in the Bill touching Clapboards and Casks (appointed on Saturday the 24^th day of this instant March foregoing) brought in the Bill with some Amendments, which being twice read the Bill was Ordered to be ingrossed.

Mr. Serjeant Harris, one of the Committees for the Lord Harrowden (appointed on Wednesday the 28^th day of this instant March immediately foregoing) bringing in the Bill, and after Report made by him of the Travel of the Committees therein, the Bill was read for the third reading and passed upon the Question.

Mr. Finch, one of the Committees in the Bill for Continuation, Explanation and perfecting of certain Statutes (who had been appointed on Wednesday the 28^th day of this instant March foregoing) reporteth the meeting and Travel of the Committees, and also the Amendments of the Bill in sundry things; which Amendments after many long Arguments and sundry questions, with the division of the House were in the end Ordered to be inserted into the said Bill.

On Friday the 30^th day of … …. Broughton and Sir Edward Dyer were appointed to attend my Lord Keeper touching the Return of the Habeas Corpus cum Causa, for the bringing up of the Body of Mr. Fitzherbert Esquire. Vide concerning this matter on Thursday the first day, Friday the second day, and on Saturday the 17^th day of this instant March foregoing; as also on Tuesday April the 3^d, and on Thursday April the 5^th postea.

The Amendments in the Bill for Continuation, Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late of Sir Francis Englefield Knight, being twice read to the House, and the Bill it self and the same Amendments read the third time also, passed upon the Question.

The Amendments in the Bill for Continuation, Explanation and perfecting of certain Statutes being twice read, were upon the Question after many and sundry Arguments to divers particular points in the same, Ordered upon the question in the end to be ingrossed.

M^r Vice-Chamberlain, one of the Committees in the Bill for maintenance of the Haven of Colchester, and the paving of the Town, appointed on Thursday the 29^th day of this instant March foregoing) shewed, that he and the residue of the Committees have met together, and upon their Conference thought good to suppress the said Bill, for that they could not conveniently agree to such conclusion in the same as might satisfie the Inhabitants of the said Town: And shewed further the imparting of himself and the other Committees unto the Lords touching the Collection and distribution of the money to poor maimed Souldiers; And that thereupon their Lordships had appointed four of themselves for that purpose, which in that Case should join with such of this House as by this House shall be appointed. Whereupon M^r Vice-Chamberlain was Ordered to give their Lordships most humble thanks, and to shew them that after their Lordships shall have sent the Bill again to this House in such sort passed as their Lordships shall think meet, this House will thereupon then do therein what shall appertain.

Doctor Carew and M^r Powle do bring from the Lords a Bill Intituled, An Act for Confirmation of the Subsidies granted by the Clergy, together with the instrument for the same; with request also from their Lordships to this House for speedy Expedition of the same.

A Proviso to the Bill concerning the overlength of broad Cloth, was offered to the House, and after the twice reading thereof was Ordered to be ingrossed.

M^r Treasurer, Mr. Warren, Sir Francis Drake, Mr. Wroth, Mr. Doctor Herbert, Sir Henry Unton, Sir Thomas Cecill, Sir Thomas Morgan, Mr. Oliver S^t John, Sir Thomas Baskervile, Sir Thomas Shirley, Mr. John Hart, Mr. Flower, Sir Robert Sidney, Sir Thomas Conisby, are appointed to join with the Lords in the joint disposing of the Contribution of both Houses collected towards the relief of poor maimed Souldiers.

Nota, That this is all which is found in the Original Journal-Book of the House of Commons of this days Passages, and therefore there being an excellent Vote or Resolution of the House p. 513touching the Addition and Amendments of Bills after their passing of either House, set down in the often before-recited Anonymous Journal, more particularly mentioned at the beginning of this present Journal, I have thought good to have it inserted in manner and form following.

If a Bill having passed the Upper House be sent down to the House of Commons, and be likewise upon the third reading allowed and expedited in that House, and from them sent back again to their Lordships with Alterations and Amendments thereunto added here, the Lords may either reject the said Bill or must pass it with the said Additions, and that nothing more can be inserted into the said Bill by their Lordships; but they must frame either a new Bill in the same matter or business, or send down the former old Bill with other Additions or Provisoes as a new Bill: Or if a Bill being sent from the Lords to the House of Commons, do pass the said House also, as it had their Lordships before the sending down, it can never be again dealt in further by them.

Thus far out of the aforesaid Anonymous Journal: The next days Passages follow out of the Original Journal-Book it self.

On Saturday the 31^th day of March, the Bill for Confirmation of the Subsidies granted by the Clergy and read the first Time passed upon the Question.

The Bill touching Casks brought in with more Amendments by Mr. Wroth one of the Committees, and the same Amendments being twice read, the Bill was upon the Question Ordered to be ingrossed.

The Bill for reviving, continuing, explanation and perfecting of certain Statutes was read the third time; And after sundry Arguments the two Provisoes touching the dealing with the reputed Fathers of Bastards being withdrawn upon the Question, the Bill upon the Question was passed afterwards accordingly.

Mr. Attorney General and Mr. Doctor Ford do bring from the Lords two Bills; the one Intituled an Act for the restraint of new Buildings, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster; and the other for the Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign, Intituled An Act to retain the Queens Majesties Subjects in their due Obedience, with some Additions to the same, with a Message also from their Lordships, to know the pleasure of this House touching their Lordships request, for the further Explanation by their Lordships to be made of some part of the Amendments of this House in the Bill lately passed their Lordships and sent hither unto this House, and afterwards by this House returned again unto their Lordships with some Amendments of this House, Intituled An Act for restraint of Popish Recusants to some certain places of aboad. And the said Mr. Doctor Ford also shewed, that their Lordships prayed Expedition of the said Bills now brought down, for that the time of Parliament is like now to grow very short.

Mr. Speaker remembred unto the House the effect of the said Message from the Lords; whereupon it was resolved by the House, that Answer should be made unto the said Mr. Attorney and Mr. Doctor Ford, That if their Lordships should add any declaratory Proviso to the said Bill and sent it down to this House, this House would thereupon then further do as shall appertain.

Mr. Robert Penruddock, one of the Burgesses returned for the Borough of Milton, for her Majesties Affairs, and also for his own business is licensed by Mr. Speaker to depart home.

Three Bills lastly had each of them one reading; of which the last concerning the over-length of broad-Cloth was read the third time, and passed upon the Question.

On Monday the second day of April, the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens, was upon the second reading committed unto the Knights and Burgesses of Devon, Mr. Serjeant Harris, Mr. George Moore and others, and the Bill was delivered unto Sir Thomas Dennis one of the same Committees, who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Six Bills were sent up to the Lords by Mr. Treasurer and others; of which the first was the Act for Confirmation of the Subsidies granted by the Clergy; and another touching the Lands of Sir Francis Englefield Knight, Attainted of High Treason; the residue being of no great moment.

Sir William Brunker, one of the Committees in the Bill concerning Spinnersand Weavers (who had been appointed on Monday the 26^th day of March last past) shewed, that the Committees had met, and upon Conference amongst them thought good to make a new Bill: And so bringing in both the old Bill and the new, prayed the reading of the said new Bill.

The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign, Intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Amendments to the same, had its first reading.

Three Bills of no great moment had each of them one reading; of which the second being the Bill against counterfeiting of Counsellors hands, &c. was read the third time, and dashed upon the Question.

The Bill for relief of maimed Souldiers and Mariners was twice read, and committed unto all the Privy-Council, the Knights and Burgesses of London, the Burgesses of York and others, who were appointed to meet this Afternoon at two of the Clock in this House.

Nota, That certain Members of the House were appointed to draw a Bill for the relief of p. 514maimed Souldiers and Mariners on Monday the 12^th day of March foregoing, which Bill being so drawn, was upon Saturday the 24^th day of the said March upon the second reading referred to certain Committees, and was lately upon Wednesday the 28^th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in, and thereupon the aforesaid new Bill preferred this day and twice read.

M^r Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a boad, lately passed this House with some Amendments; shewing, that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly. And that their Lorships have further thought good to add unto the said Bill a Proviso, for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration, have passed the said Proviso, and affiled the same to the said Bill, and sent it down to this House, to be also passed here if this House shall so think meet.

On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read, and committed to the former Committees (who had been appointed on Monday the 26^th day of March foregoing) and Mr. Wroth and the Burgesses of York and Norwich were added unto them.

Sir Thomas Denis, one of the Committees in the Bill concerning Devonshire Kerseys and Dozens (appointed yesterday) shewed the meeting of the Committees, and that they have in some few things amended the Bill, praying the reading of the said Amendments; which being thereupon twice read, the Bill upon the question was ordered to be ingrossed.

The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock, M^r Stevenson, the Knights and Burgesses for London, M^r Wroth, M^r Peak, and the Burgesses for Oxon, Cambridge, Sandwich, and Newcastle Under-line, who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M^r Thomas Fitzherbert.

Which short remembrance of this excellent Precedent (how far on Outlawed man may be a Burgess of the Parliament) is all that is found in the Original Journal-Book it self of the House of Commons. And therefore because there was much debate concerning it this day, as had been on divers other days foregoing (viz. on Thursday the first day, Friday the 2^d day, Saturday the 17^th day, and on Friday the 30^th day of March last past) have caused it to be transcribed at large out of the often before-recited Anonymous Journal, in manner and form following.

The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House. The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici. And the House appointed the Writ sent out of Chancery to be annexed unto the Record. The words of the Writ were Tibi praecipimus quòd capias corpus Tho. Fitzherbert, quocunque, &c. Dat. apud. Westm. 7^o die Martii. 35 Eliz.

The Sheriffs Return, Deliberatum fuit hoc Breve 15. die Martii super, &c. sed ante adventum istius Brevis (scilicet) 3^o Februarii 35 Eliz. captus fuit Thomas Fitzherbert, &c.

M^r Dalton said, The Return of the Writ being made unto another Court, and the Record it self being in another Court, we cannot be Judges of the matter, nor enlarge the party. And as for the Return, methinks it therefore insufficient, because it was not returned into this Court: And I see not how we can be Judges of the Return. For the number of voices in this Cause is not to be judged for Law, whether it be a good Return or not; for that which is Law, will notwithstanding rest for Law for all our Voices. Therefore I think that priviledge quae est privatio Legis in this Case could not be granted.

M^r Brograve said, As to the matter of priviledge, the Cause to me is very doubtful, because priviledges in these Causes are very rare, and so the matter resteth in doubt. This Court for its Dignity and highness hath priviledge, as all other Courts have; And as it is above all other Courts, so it hath priviledge above all other Courts; and as it hath priviledge and Jurisdiction too, so hath it also Coercion and Compulsion; otherwise the Jurisdiction is nothing in a Court, if it hath no Coercion. Therefore it seemeth unto me, that the Return of the Writ ought to have been returnned into the Court of Parliament; but whether the Return be to be made into the Upper House or Lower House, I know not.

For in many Cases we have divided Jurisdictions, and the Upper House hath Jurisdiction by it self, therefore if a Nobleman hath a Servant that were arrested, they might make their Writ of Priviledge returnable before themselves and give him Priviledge. And here in this House, if one that is a Member of this House and have sate here, be arrested sedente Parliamento, we are to give him Priviledge. But if he be taken before his coming hither, it is not in our power to deliver him, but we must have the assistance of other Courts in such Causes. The use is such in other Causes: If the Action be a Mahime, whether this be a Mahime or no the Court will not judge, until those that have Science in those things affirm it to be so. And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known, before the Judgment is given. So in this Court, we ought to desire Instructions from the Judges of the Realm, whether in this Cause by the Law we can grant priviledge or no.

For Priviledge there be two Writs issuing out p. 515of this House; the one is a general Corpus cum Causa, and this is granted upon apparent cause of Priviledge: as if a Member of the House be taken sedente Parliamento. The other Writ is called a Writ of Parliament; this is granted when the Cause is to be judged by the Parliament. But whether Priviledge be to be granted to this party or no, it is not apparent. And in the Cause the Lord Keeper is not to be Judge; But here the whole Record is to remain, and we with the advice and opinion of the Judges are to consult if the party be to have priviledge.

Therefore seeing the Court hath Coercion in it self, let us with the advice of the Judges proceed as we have power: For if we give away our Coercion, we give away our Jurisdiction.

M^r Serjeant Harris said, the Record remaining in Chancery, this House is sufficiently possessed of it, even as in Case of all the Returns of Knights and Burgesses.

M^r Francis Bacon said, The Return is well, for the Return is an ensuing of the Writ that must be made under Seal.

As for taking the assistance of the Judges, it is a good course; for though we sit here to make Laws, yet until the new Law is made, the old Law is of force, and our Conference with them gives away no resolution from us, but taketh advice only from them.

M^r Finch said, in my opinion the Return should have been into this House. For a Writ of Error sued here, the Writ Vide 38 H. 8. fol. 60. a. Dyer.used to be returned hither, as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7.

It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned, but the party appearing the Court proceedeth.

M^r Speaker desired to know of the House if for their better Information, they would give him leave to speak; which the House willingly granted.

Whereupon he said: For the discharge of my own duty, and informing of your Judgments, who I know will judge wisely and justly, I will deliver unto you what I have learned, and what I have observed; for ever since the lodging of this Parliament, I have thought upon and searched after this Question, not particularly for this Cause, but this point, the priviledge of the House; for I judged it, would come in question for many occasions.

The Question is drawn to two Heads, the one about the Writ, the other about the Return.

First, Whether the Writ might have gone out of this House. I will tell you plainly my opinion, I beseech you let me not be ill thought of, if I be rude in what I say, for it is my fault, I cannot speak so mildly as some; but my manner is, that which I speak, I speak sharply and somewhat roundly, but always with this tacite Condition, submitting my self to any better reason that shall be shown me.

Though any Court of Record hath this Jurisdiction to make out Processes, yet this Court cannot. Why? this may seem strange, that every Court in Westminster, every Court that hath Causes of Plea, every Lords Leet, and every Court Baron hath his power, that they may make out Process; yet this Court being the highest of all Courts cannot; how can this be? The nature of this House must be considered; for this Court is not a Court alone; and yet there are some things wherein this Court is a Court by it self, and other things wherein it is no Court of it self.

To know then how we are one House, and how we can be divided Houses, this would give great light to the Question.

At the first we were all one House and sat together, by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred. For there were Parliaments before the Conquest. This appeareth in a Book which a grave Member of this House delivered unto me, which is Intituled Modus tenendi Parliamentum; out of that Book I learn this, and if any man desire to see it, I will shew it him. And this Book declareth how we all sat together, but the Commons sitting in presence of the King and amongst the Nobles disliked it, and found fault that they had not free liberty to speak. And upon this reason that they might speak more freely, being out of the Royal sight of the King, and not amongst the great Lords so far their betters, the House was divided and came to sit asunder.

A bold and worthy Knight at the time when this was sought, (the King desiring a reason of this their request, and why they would remove themselves from their Betters) Answered shortly, That his Majesty and the Nobles being every one a great person, represented but themselves; but his Commons though they were but inferiour men, yet every one of them represented a thousand of men. And this Answer was well allowed of.

But now though we be divided in Seat, be we therefore divided Houses? No; for if any Writ of Error be brought, as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament, that is, to the whole House, and chiefly then to the Upper House, for we are but a limb of the House. Now where a Record is removed upon a Writ of Error given to another Court, the manner is, that the chief of that Court bring the Writ in his hand to the House: But humbly sheweth unto the House, that the Record being remitted out of the Court, no Execution can go forth though the Judgment be affirmed. The Court of Parliament thereupon maketh Transcript of the whole Record, and returns the Record again to the Court; but if the Judgment be reversed, then the Record it self is Cancelled and rased. This I read in my Book.

For in this Case, whatsoever a man tells me … believe it not unless I see it written, Non lego non p. 516credo, in these Cases. In the twenty third of the Queen, I was of Councel with one in a Cause where we tryed all means to reverse a Judgment, and brought a Writ of Error in the Parliament, and the Writ was issuing out of the Parliament, and upon the fieri facias was set Domina Regina, and it was under the Great Seal of England, and the Writ was returned in Parliament.

So this is plain the Writ is always returnable in Parliament; but if in Parliament, then of the Upper House, for of that House we are but a Limb. This Writ I have seen then thus returned, but never any man saw a Writ returnable in the Lower House; so for this I hold the Writ cannot be returnable into this House.

But now for the Authority we have, for though this be true, I say, yet I speak not to take any priviledge from this House; for some things there are wherein we have Authority all of us. But this is certain whatsoever we do sedente Parliamento, it is the Act of the whole Court; for the Lords without the Commons, and the Commons without the Lords, can do nothing: Now then at the first before the division of the House, all Writs were returned proximo Parliamento; but since the division of the House it hath been always used, and plainly it must be returned into Chancery.

And to say we cannot have notice of it, nor cannot judge upon the Record being in Chancery plainly, we may as well as we do upon the Return of every Burgess which is made into the Chancery, and the Cause is all one.

And the Chancery in making the Writ will not alter from that their Warrant made from this House, which must be according unto ancient form: for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ, I desired to have a recital added in these words, Quòd cùm existente Parliamento captus fuit, &c. with the recital of the Cause of priviledge. My Lord Keeper conferring with the Judges upon it, would not allow it, but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge, until there appeared a Cause of priviledge for the party.

As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers, I have heard great learned men say, that that Cause is no good Law, and that the House did more than was warrantable.

Now for the Motion of Conference with the Judges, the Case of Thorpe 31 H. 6. is not able for this point: I have the Record. Thorpe was Speaker in that Parliament, The Parliament being Summoned to be in June, it was Prorogued until September; in the mean time, Thorpe was taken in Execution by the Duke of York; he notwithstanding this thought to have had the priviledge of the Parliament. At the next Sessions, the matter being greatly considered, whether he could have a priviledge or no, a Conference was had in the Cause with the Judges; the Judges being required in humble sort refused, except it were so that the House did command them (for in the House of Parliament the chief Judges and their Judgments are controulable by the Court) but if the House did command them, they would be willing to inform them what in their opinions they knew and thought.

This they did in the great Cause of Thorpe, and I think we should do well in doing the like.

Now another thing is to be considered, for Judicis Officium est ut res it a temperari, &c. The consideration of Time must accompany a Judges Office, the Parliament draweth to an end, and this would be done with expedition; so the party was appointed to have his Councel the next Morning in the Parliament, and they to be heard and have the advice of the Judges. Vide the Resolution and Conclusion of this business upon Thursday the 5^th day of this instant April ensuing.

Thus far out of the aforesaid Anonymous Journal; the residue of this days Passages and part of the next are inserted out of the Original Journal-Book it self.

M^r Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners (appointed on Monday the 2^d day of this instant April foregoing) shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House; and shewing the same Amendments with the reasons of them to the House, the same Amendments were well liked of by this House, and assented to be inserted into this said Bill; and after the twice reading of the said Amendments, the said Bill so being amended was upon the question Ordered to be ingrossed.

Post Meridiem.

Four Bills of no great moment had each of them one reading; of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas, had its first reading.

On Wednesday the fourth day of April, M^r Barker one of the Committees in the Bill concerning Spinners and Weavers (who had been appointed on Monday the 26^th day of March foregoing) shewed the meeting and travel of the Committees and their Amendments to the Bill, praying the reading of the same Amendments; which being read and ordered by the House to be inserted into the Bill, the same Amendments were afterwards twice read, and the Bill was upon the Question Ordered to be Ingrossed.

M^r Wroth, one of the Committees in the Bill concerning Brewers, shewed the meeting and travel of the Committees, and their Amendments to the said Bill, and prayeth the reading of the same Amendments; which being read, and Ordered by the House to be inserted in the said Bill, and also twice read afterwards, was upon the Question Ordered to be ingrossed.

p. 517The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign, Intitled an Act to retain the Queens Majesties Subjects in their due obedience, with some Amendments to the same, was read the second time. Upon which divers Speeches passed in the House before the said Bill was committed, some of them being of very good moment. Which because they are omitted in the Original Journal-Book it self, are therefore supplied out of the often before recited Anonymous Journal in manner and form following.

Sir Thomas Cecill, Doctor Lewen, M^r Sands, Sir Thomas Heneage, Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin. Eliz. for reducing disloyal Subjects to their due obedience, as is aforesaid.

Sir Walter Raleigh said, In my conceit the Brownists are worthy to be rooted out of a Commonwealth: But what danger may grow to our selves if this Law pass, it were fit to be considered. For it is to be feared, that men not guilty, will be included in it. And that Law is hard that taketh life and sendeth into banishment, where mens intentions shall be judged by a Jury, and they shall be Judges what another means. But that Law that is against a Fact, is but just; and punish the fact as severeley as you will.

If two or three thousand Brownists meet at the Sea, at whose charge shall they be transported, or whither will you send them? I am forry for it, I am afraid there is near twenty thousand of them in England, and when they be gone, who shall maintain their Wives and Children.

M^r Finch said, There be great faults in the Preamble and in the Body of this Bill. It pretendeth a punishment only to the Brownists and Sectaries, but throughout the whole Bill, not one thing that concerneth a Brownist; and if we make a Law against Barrowists and Brownists, let us set down a Note of them, who they are. But as the Bill is, not to come to Church, or to speak against the government established, this is not the opinion of the Brownists.

The Law that is intituled An Explanation, is nothing else, save that it hath a name of it. For Laws Explanatory are no New Laws of themselves, but part of the old; for there ought to be nothing in the declaratory Law that was not in the former, as appeareth in the Cause of Surnand and Stowell, the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7.

This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors. This Law excepts no Person; So all are in the former penalties of that Law: for 23 of Eliz. is only for such as are of the Romish Religion; and now to make it include all the opinions, is to make additions to that but no Explanations.

The Clause of speaking against the Law is very dangerous; For who can be safe from this? Non Hospes ab hospite tutus. For if a man speak against Non-Residents, Excommunication as it is used, or any other abuse in the Church, he incurs the danger of the Law.

The Clause against Conventicles is very dangerous. For the Conference of any Persons together being of any number, the Prayers of Holy Exercise, being not allowable in any place by the Law, is an assembling against the Laws: for the words be very strict, howsoever not contrary to the Law, the offence is all one.

Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen, but such as are intended in this Statute. And the annexing of the words, He must be an obstinate Recusant, and also write and speak, &c. This is very suspicious, for Obscuris vera is never good.

Whosoever repaireth not to his own Parish Church is a Recusant within this Law. Vide Apr. 6. die Veneris sequent.

Thus far out of the aforesaid Anonymous, Journal; the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self.

After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience, the said Bill in the end was committed unto all the Privy Council, Sir Walter Raleigh, Sir Henry Unton, Sir Francis Hastings, Doctor Jo. James, Doctor Lewen, M^r Doctor Caesar, Sir William Moore, M^r Francis Bacon, M^r Serjeant Harris, M^r Wroth, Sir Thomas Cecill, M^r Finch, M^r Skinner, M^r Mainard, M^r George Moore, Sir Henry Cocke, M^r Fuller, Mr. Robert Knowls, Sir William Knowls, Sir Edward Dymock, Sir Edward Stafford, Mr. Edward Lewkenor, Mr. Henry Brett, Mr. Periam, Sir Thomas Dennies, Sir Robert Sydney, Mr. Wroth, Sir. William Bowes, Mr. Atie, Mr. Helcroft, Sir Thomas West, Sir Matthew Morgan, M^r Berkeley, Mr. Sands, Mr. Boucher, Mr. John Payton, Sir Richard Molineux, Mr. Tasborough, Mr. Horsey, Mr. Attorney of the Dutchy, Mr. Finch, Mr. Fuller, Mr. Amersam, Sir George Cary, and Sir George S^t Poole, and the Bill was delivered to Mr. Treasurer, who with the rest was appointed to meet in this House, to Morrow at two of the Clock in the Afternoon.

Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords, that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon, touching the Bill for the reviving, continuance, explanation and perfecting of certain Statutes lately passed this House, and sent up to their Lordships, and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred, and the Message declared to the House by Mr. Speaker, it was required by the House, that forasmuch as p. 518the Bill last read was then, and long before had been in dispute and Argument, Answer thereof might be returned unto their Lordships, that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon (for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships) Which being so signified to the said M^r Serjeant Owen and M^r Attorney General accordingly, shortly after M^r Doctor Carey and M^r Powle brought word from the Lords, that their Lordships would be ready this Afternoon to confer with the Committees of this House, in the Chamber next to the Upper House. Which done, it was Ordered that the former Committees of this House, (who had been nominated on Monday the 28^th day of March foregoing) be appointed to attend their Lordships at the said time and place, and a note of the Committees names were delivered to M^r Treasurer.

On Thursday the 5^th day of April, the Bill for true Assizing and marking of Timber was read the second time, and committed unto M^r George Moore, M^r Dalton, M^r Wroth, M^r Browne, Sir John Hart and others, and the Bill was delivered to the said Sir John Hart, who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber.

M^r Serjeant Owen and M^r Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of the Letters Patents made by his Highness to others, and do pray from their Lordships the speedy Execution of the same.

M^r Vice-Chamberlain, one of the Committees with the Committees of the Lords in the Bill for reviving, continuing, explanation and perfecting of certain statutes, sheweth the meeting and Conference with the Committees of the Lords, and that their Lordships have thought good to add some small Amendments to the said Bill; and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn, as the like whereof was in the Statute of 13^o of her Majesties Reign.

Nota, That the business so much before agitated touching M^r Fitzherbert received this day the final resolution of the House, as is plainly set down in the often before-cited Anonymous Journal, although it be wholly omitted in the Original Journal-Book it self, which said Case was singly this. Thomas Fitzherberts being elected a Burgess of the Parliament, two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election, the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit (as may be collected out of the reasons given of their said Resolution) and then his Indenture was returned to the Sheriff. Upon all which matters there grew two Questions; First, whether the said M^r Fitzherbert were a Member of the House; And secondly admitting he were, yet whether he ought to have priviledge. Which said matters having been formerly much debated on Thursday the first day, Friday the second, Saturday the 17^th day, and on Friday the 30^th day of March last past, as also on Tuesday the third day of this instant April foregoing, received now at last the Judgment of the House, which is inserted out of the aforesaid Anonymous Journal in manner and form following.

The Judgment of the House was, That Thomas Fitzherbert was by his Election a Member thereof; yet that he ought not to have priviledge in three respects. First, Because he was taken in Execution before the return of the Indenture of his Election; Secondly, Because he had been Outlawed at the Queens Suit, and was now taken in Execution for her Majesties debt; Thirdly and lastly, in regard that he was so taken by the Sheriff, neither Sedente Parliamento, nor eundo nor redeundo.

Thus far out of the aforesaid Anonymous Journal; the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original Journal-Book it self.

The Bill concerning Clapboards and Casks (which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of M^r Fitzherbert) had the third reading and passed upon the Question.

M^r Attorney General and M^r Doctor Carey do bring from the Lords the Bill for renewing, continuing, explanation and perfecting of certain Statutes, lately passed this House with some Amendments, and a Proviso; which Bill was sent up to their Lordships from this House.

The Bill for necessary relief of Souldiers and Mariners was read the third time, and passed upon the Question.

Upon a Motion made by Francis Neale Esq, one of the Burgesses for the Borough of Grantham in the County of Lincoln, That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn, at the Suit of one Wessellen Weblen a Beer-Brewer; and shewing further, that he had satisfied the money due upon the said Execution; but yet nevertheless in regard of the preservation of the Liberties and priviledges of this House thought it his duty to make this House acquainted with the matter, and so refer and leave it to their grave Wisdoms. Whereupon it was upon the Question Ordered, that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow, to answer their contempt accordingly. Vide diem sequentem.

On Friday the 6^th day of March, Two Bills of no great moment had each of them one reading; of which the second being the Bill for restraint p. 519of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster, was upon the second reading committed unto all the Privy-Council, the Knights and Burgesses of London, M^r Francis Bacon and others; and the Bill was delivered to M^r Wroth, one of the said Committees, who with the rest was appointed to meet this Afternoon in the Exchequer Chamber.

The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question.

The Proviso in the Bill for reviving, continuing, Explanation and perfecting of certain Statutes (the Amendments being first read and Ordered afterwards to be inserted) was three times read, and they were all passed upon the question accordingly.

The Proviso of the Lords to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of aboad, was three times read and passed upon the Question.

The Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, was read the third time and passed upon the Question.

Eight Bills which lately passed this House, viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts, The Bill concerning Spinners and Weavers, The Bill touching Clap-boards and Casks, The Bill for relief of Souldiers and Mariners, The Bill concerning Devonshire Kerseys, The Bill for reviving and perfecting divers Statutes, with a new Proviso, The Bill for restraining of Popish Recusants to some certain places of aboad, And the Bill to make void the Spiritual Livings of those that have forsaken the Realm, and do cleave to the Pope and his Religion, were sent up to the Lords by M^r Treasurer and others.

M^r Doctor Carey and M^r Powle do bring from the Lords a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm; and prayed from their Lordships the speedy expediting of the same Bill, for that this Parliament draweth near unto an end. Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh, Sir Francis Drake, M^r Lewkenor, M^r Wroth, M^r Finch and M^r Flower; and the Bill was delivered to Sir Francis Drake, who were appointed to meet in the Afternoon of this present day.

The Bill against persons Outlawed and such as will not pay their debts was read the second and third time, and dashed upon the question.

M^r Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Addition to the same, shewed the meeting of the said Committees yesterday, their long tarrying together, in the end their desisting without any determinable resolutions, occasioned by reason of many and sundry Arguments and opinions, and afterwards somewhat intimating the unkindness of the Lords in neglecting the said Bill in this House; adviseth, that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered Barrowists and Brownists, without peril of intrapping honest and loyal Subjects. Which in the end after sundry Speeches both with the Motion and against it, it was presently upon the Question assented unto, and Ordered, that M^r Vice-Chamberlain, accompanied with a convenient number of the Members of this House, should presently repair to the Lords to move the said Conference accordingly. Which so being done, the said M^r Vice-Chamberlain shewed, that their Lordships had willingly assented unto the said Conference, and did appoint for that purpose the time to be at two of the Clock this Afternoon in the accustomed place. Which done, it was Ordered that the former Committees (who were appointed on Wednesday the 4^th day of this instant April foregoing) should then and there attend their Lordships. And the Bill was delivered to M^r Vice-Chamberlain.

Wesselen Weblen Beer-Brewer and John Lightburn Serjeant at Mace, being present at the Bar, and charged by M^r Speaker very deeply and amply with their great contempt against the Authority and Jurisdiction of this most High Court of Parliament, in Arresting of M^r Francis Neale, one of the Members of this Honourable Assembly, to the great prejudice and derogation of the antient and usual Liberties and Priviledges of this House; They the said Weblen and Lightburn humbly submitted themselves, and pretended by Ignorance to extenuate their faults. Which done, and they being sequestred, after some Speeches and debates touching the punishment of the said Weblen and Lightburn, some one way and some another; it was in the end resolved upon the Question, that they should be committed Prisoners to the Tower by Order of this House, there to remain during the pleasure of this House. And then afterwards the said Weblen and Lightburn being brought in again to the Bar, M^r Speaker remembring again unto them the hainousness of their offence, pronounced unto them the said Judgment of this House; and gave charge unto the Serjeant of this House to deliver the said Weblen and Lightburn unto M^r Lieutenant of the Tower according to the said Order and Judgment of this House against them. Vide in principio diei praecedentis.

On Saturday the 7^th day of April, the Bill concerning Coopers was upon the second reading committed unto M^r Serjeant Harris, M^r Dalton, M^r Wroth and others, and the Bill was delivered to Sir John Hart one of the same Committees, who with the rest was appointed to meet at two p. 520of the Clock this Afternoon in the Exchequer Chamber.

The Bill for Naturalizing of Justin Dormer and George Sheppy, was upon the second reading Ordered to be ingrossed.

M^r Finch, one of the Committees in the Bill for the avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, shewed the meeting of the Committees and some few Amendments to the Bill, praying the reading of the same Amendments; which being read and allowed by the House, the said Amendments were twice read, and the Bill and the said Amendments also read the third time and passed upon the Question accordingly.

Sir John Hart, one of the Committees in the Bill for the true assizing and marking of Timber (appointed on Thursday the 5^th day of this instant April foregoing) shewed the meeting of the Committees, and their opinion of nothing fit to be done without much inconvenience in the said Bill at all, and so delivereth in the said Bill again to the House.

The Bill for the Explanation of the Statute made in the thirty fourth year of King Henry the Eighth, as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, was upon the second reading committed unto all the Privy-Council, M^r Amersham, M^r Attorney of the Dutchy, Sir Francis Drake, Sir Walter Raleigh and others; and the Bill was delivered to Mr. Chancellor of the Exchequer, together with the Committees Names, who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber.

Mr. Tasborough moveth the reading of the Amendments of the Bill for the ease of Jurors returned upon Tryal, which Amendments being twice read, the Bill was upon the Question Ordered to be ingrossed.

Mr. Vice-Chamberlain, one of the Committees in the Bill for Explanation of a branch of a Statute made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due Obedience, with some Additions to the same (who had been appointed on Wednesday the 4^th day of this instant April foregoing) shewed the meeting with the Lords in Conference, and withal the very honourable and grateful acception and allowance of their Lordships unto all the reasons of this House offered unto their Lordships by the said Committees of this House; and so concluding shewed that such Additions, Substractions and Alterations have been made, as by the good liking as well of the said Committees of the Lords. as by the more part of the said Committees of this House was thought fit; and so moved that the same Additions, Substractions and Alterations might be read to the House for the further liking of this House in the same, at their pleasures. Which being so read accordingly, it was after sundry contrary Arguments Ordered, that some of the former Committees of this House should presently have further consideration thereof in the Committee Chamber of this House, which was thereupon so done accordingly. Vide concerning this matter on Wednesday the 4^th day of this instant April foregoing.

M^r Serjeant Owen and M^r Doctor Ford do bring from the Lords the Bill lately passed this House for M^r Anthony Cooke, with a saving now added by their Lordships; And the Bill also for the Relief of Souldiers and Mariners, likewise lately passed this House, with some Additions now also added to the same by their Lordships.

The saving in the Bill for M^r Anthony Cooke lately sent down to this House from the Lords, was three times read, and so passed upon the Question.

The additions in the Bill for the relief of Souldiers and Mariners lately sent down to this House by the Lords were three times read, and upon the Question passed, and were ordered to be inserted into the same Bill.

The Bill concerning Brewers and the Brewing of Beer and Ale was read the third time, and passed upon the Qestion.

The Bill for maintenance of Cloth-making in the Town of Crambrook in the County of Kent was read the second time, and Ordered not to be committed.

The Bill for naturalizing of Justin Dormer and George Sheppy had its third reading, and passed upon the Question.

The Bill for Explanation of a Branch of a Statute made the 23^th of her Majesties Reign, intituled An Act to retain the Queens Majesties Subjects in their due obedience, with some Additions to the same, was read the third time; And all the Additions and Amendments of this House to the same Bill being also three times read, the said Bill with some Additions and Amendments passed upon the Question.

On Monday the 9^th day of April, Wesselen Weblen Bear-Brewer and John Lightburn Serjeant at Mace Prisoners at the Bar, are after admonition given them by M^r Speaker discharged by the Order of this House of their Imprisonment, paying their Fees. Vide concerning this matter on Thursday the 5^th day and on Friday the 6^th day of this instant April immediately foregoing.

M^r Chancellour of the Exchequer, one of the Committees in the Bill for Explanation of a Statute made in the thirty fourth year of King Hen. 8. as well touching Grants made to his Majesty, as for Confirmation of Letters Patents made by his Highness to others, shewed the meeting of the Committees, and that they have considered of some small amendments; and shewed further, that four several Provisoes were offered to them touching the said Bill, one by M^r Adams and one by M^r ..... Tipper, and one by M^r Daws; and so offereth both the Bill and the Amendments, and p. 521the said former Provisoes also, leaving all the same to the further consideration of this House.

Six Bills which last passed this House; of which the first was the Bill for avoiding of deceit used in making and selling of twice laid Cordage, and for the better preserving of the Navy of this Realm, and the second for Mr. Anthony Cook, were sent up to the Lords by Sir Robert Cecil and others.

Upon sundry arguments touching the Proviso offered by Sir Thomas Shirley to the Bill for Explanation of the Statute of 34 Hen. 8. &c. it was upon the Question denied to be received, and the Proviso for Mr. Stanhop was upon the Question and division of the House denied to be received, with the difference of forty Persons, viz. with the No one hundred twenty nine, and with the Yea eighty nine.

Mr. Serjeant Owen and Doctor Carey do bring word from their Lordships that their Lordships do desire to know whether this House have any Bills ready to send up unto them, shewing that their Lordships are now at good leisure: And willed them to put this House in remembrance of the expediting of two Bills which were sent from their Lordships to this House, viz. the Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8. a Bill touching Grants made to his Majesty, as also for Confirmation of Letters Patents made by his Highness to others; and the Bill for restraint of new Buildings, &c. Which Message being opened to the House, Answer was made that one of the said Bills being presently in debate in the House, should by and by be returned unto their Lordships.

The Bill for Explanation of the Statute made in the thirty fourth year of King Hen. 8 as well touching Grants made to his Majesty as for Confirmation of Letters Patents made by his Highness to others, was read the third time, and passed upon the Question, and was presently sent up to the Lords by Mr. Vice-Chamberlain and others.

Mr. Fuller, one of the Committees in the Bill for restraint of new Buildings and converting of great Houses into several Tenements and restraint of Inmates, and Inclosures in and near the Cities of London and Westminster (who had been appointed on Friday the 6^th day of this instant April foregoing) shewed the meeting and Travel of the Committees and their Opinions for leaving out of one Clause in the Bill, and gave the Reasons; which being liked of and allowed by the House, the Bill was read the third time, and after many Arguments both for the Bill and against the Bill, it passed upon the Question.

On Tuesday the 10^th day of April Sir John Hart, one of the Committees in the Bill concerning Coopers (appointed on Saturday the 24^th day of March foregoing) brought in the Bill again, as not dealt in by the Committees for lack of convenient time.

The Bill for restraint of new building, converting of great Houses into several Tenements, and for restraint of Inmates and Inclosures in and near unto the Cities of London and Westminster, with one amendment to the same Bill, was sent up to the Lords by M^r Treasurer, Sir John Wolley and others, with a remembrance to move their Lordships for sending down the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths granted by the Temporalty, to the end M^r Speaker may this Afternoon present the same unto her Majesty according to the former accustomed usage of this House.

M^r Serjeant Owen, M^r Attorney General and M^r Powle do bring from the Lords an Act intituled An Act for the Queens Majesties most Gracious general and free Pardon.

The Bill intituled an Act for the Queens Majesties most gracious general and free Pardon was read, and then passed upon the Question, and was presently sent up to the Lords by Mr. Chancellor of the Exchequer and others.

Post Meridiem.

This day in the Afternoon the Queens Majesty came into the Upper House of Parliament, and there sitting in her Royal Throne, M^r Speaker accompanied with the Knights, Citizens and Burgesses of the House of Commons, repaired unto the said Upper House, where making an Excellent Oration unto her Highness, and giving unto her Majesty most humble thanks on the behalf of this House for her Highness most gracious and favourable acceptation of their dutiful service, and offering unto her Majesty in their names the Act for three intire Subsidies and six Fifteenths and Tenths, her Highness gave the Royal assent to fourteen publick Bills and thirteen private Bills, and so dissolved this Parliament.