The Journals of Parliaments, Journal 23 · Dedication

The Journals of Parliaments · Journal 23 · Dedication

p. 526To the Queens most Excellent Majesty.

BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K^r: That whereas Thomas sometimes Lord Le Ware, Ancestor and great Grandfather of your said Subject, whose Heir Male he is, That is to say, your Subject is Son and Heir to William, who was Son and Heir to George, who was Brother and Heir to Thomas, who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father, by Writ of Summons of Parliament of the said King Henry the Eighth, came to the Parliament then holden at Westminster in the said third year, and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth, as in the time of your Noble Brother King Edward the Sixth, and in the time of your Dear Sister Queen Mary, have come in their proper persons by their Writs and Commandment, until the Parliament holden at p. 527Westminster in the first and second years of King Philip and Queen Mary, which was after the Death of the said Thomas your Suppliants great Grandfather, and of Thomas his Son, that had not any Issue of his Body, and of the said George who died in the Life of his Brother Thomas, the said William Father of your Suppliant being the Son and Heir of the said George, and Heir Male to his said great Grandfather; to which Parliament he was not summoned, for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth, disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life; and the said William being now dead, your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment; May it please your most gracious Majesty to consider the Premisles, and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled, That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time.

This Petition being read, it was referr'd to these Committees following viz. The Lord Treasurer, the Earl of Nottingham Lord Admiral, the Earl of Shrewsbury, the Lord Bishop of London, the Lord Bishop of Winton, the Lord Zouch, the Lord Stafford, the Lord Windsor, the Lord Shefsield, the Lord North, the Lord S^t John of Bletso, the Lord Buckhurst, Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas, Sir William Perriam Lord Chief Baron, and Edward Coke the Queens Attorney, who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6^th day of November at two of the Clock in the Afternoon. Where what they did and what Judgment the Lords and the whole House gave in this Case, followeth afterwards on Thursday the 10^th of this instant November, and on Monday the 14^th day of the same.

On Monday the 7^th day of November, to which day the Parliament had been last continued, the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice, and committed unto the Lord Archbishop of Canterbury, the Lord Treasurer, the Lord Admiral, the Earl of Northumberland, the Earl of Shrewsbury, and the Earl of Worcester, the Bishop of London, the Bishop of Winchester, and the Bishop of Norwich, the Lord Zouch, the Lord North, and the Lord Buckhurst, the Lord Chief Justice of England, M^r Baron Evans and M^r Attorney General, to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8^th day of November, at four of the Clock in the Afternoon. See more of this on Monday the 14^th of November following.

Nota, That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords, and are not nominated as Joint-Committees with them, which is usually to be seen in every former Parliament almost of her Majesties Reign; and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them, in respect that they were no Members of, but only Assistants unto the said Upper House; or else that Thomas Smith Esquire now Clerk of, the said House was more careful and diligent in the distinct and exact setting down, that the said Judges were not nominated as Joint-Committees, but only to attend such Lords Committees as were appointed by the said House, which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish. And yet the said M^r Mason may in some sort be justly excused of any universal or continual carelessness in this kind, in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons, or by themselves about any matter of weight, there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees: But when an ordinary Bill only was committed upon the second reading, and especially if it concerned matter of Law, there the Judges for the most part, and sometimes also the Queens Learned Councel, were nominated as Joint-Committees with them. But whatsoever the usage hath been in former times, most certain it is, that not only in this present Parliament, but in all that have been since unto this present year 1629. the said Judges being Assistants unto, and the King's Learned Councel being Attendants upon the said Upper House, have never been nominated as Joint-Committees with their Lordships, but have always been appointed to attend them. And which may make it seem the more strange: Whereas the Judges have liberty in the said Upper House it self, upon leave given them by the Lord Keeper, or the Lord Chancellor for the time being, to cover their heads, at a Committee they are now always accustomed to sit bare and uncovered; which said course finally was constantly observed during all the continuance of this present Parliament, as may appear not only by the instance foregoing, but by those many other Committees which followed on Thursday the 24^th day of this instant November, on Thursday the 8^th day of December, on Wednesday the 11^th day of January, on Saturday the 4^th day of February, and all other the days (which were very many) in which any Committees were nominated.

On Thursday the 10^th day of November, to which day the Parliament had been last continued, the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh, against the taking away of Women against their wills unlawfully, was sent up to the Lords from the p. 528House of Commons, and thereupon read primâ vice.

The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware, and how it was resolved by them upon hearing and debating of the matter, with certain Learned Counsellors in the Law brought before the Committees of the said Lords, that the place which he claimed in the Order and Rank of the Barons, was due unto him, viz. next after the Lord Willoughby of Eresby. Which Report being made to the House, and the voices of all the Lords being demanded, the opinion of the Committees was allowed by the consent of all (the Lord Windsor only excepted) And the Lord Keeper was required to acquaint her Majesty with the determination of the same House, and to know her pleasure concerning the same. Vide concerning this Business of the Lord La Ware on Saturday the 5^th day of this instant November foregoing, and on Monday the 14^th day of the same November ensuing.

The Lord Treasurer made a motion to the House, that for as much as the Journal-Books kept heretofore by the Clerks of the Parliament, seemed to have some error in them in misplacing the Lords, so as it was doubted how the same might be of true Record, That it would please the Lords to take Order, that the said Books that from thenceforth should be kept by the Clerk of the Parliament, may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose, and the List of the Lords in their Order to be subscribed by them, taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament.

On Saturday the 12^th day of November, to which day the Parliament had been last continued, the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully, was read secunda vice and committed.

Nota, That because the Committees during all this Parliament were only Peers and Members of the House, and that the Judges with her Majesties Learned Councel, (as see more on Monday the 7^th of this instant November foregoing) were always appointed to attend upon them, and never nominated as joint Committees with them, therefore the names of them are for the most part omitted as not worth the inserting or observation.

On Monday the 14^th day of Novemb. (to which day the Parliament had been last continued on Saturday foregoing) the Bill for the better explanation and execution of the Act made in the 13^th year of the Queens Majesties Raign concerning Tellors, Receivors, &c. was read primâ vice.

This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants, &c. which was on the 7^th day of November foregoing read secunda vice and referred to Committees; by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties, Order was given by them to her Majesties Attorney General to draw a new Bill, viz. the Bill aforesaid; which Bill was presented by the Lord Arch-Bishop of Canterbury, first of the said Committees, in the behalf of the said Committees.

A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully, and was also twice read.

The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health.

The Lord Treasurer moved the House, that such Lords as were absent from the Parliament and had not sent their Proxies, and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance, may be admonished to reform the same.

On this said 14^th day of November 1597. upon the Petition of the said Lord La Ware, exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament, and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5^th day of this present Month of November, and referr'd the same day (upon the reading) unto the Committees, as is before recorded in the Session of the same day; the said Committees having at the time and place appointed assembled themselves, and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it, did resolve and determine that in their opinions the said Petition of the Lord La Ware was just; and that the place which he sought was due unto him, viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley, being the same place which his great Grandfather held heretofore, as appeareth by Record. Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer, the first of the Committees, the 10^th day of this instant November foregoing in the Session of the same day (as before is recorded) and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House, it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House. Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware (as hath been declared unto the House by the Lord Keeper;) It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal, p. 529that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned, to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley. Which was accordingly done on this said 14^th day of November, The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch (supplying the place of the Lord Willoughby) and by the said Lord Berkeley in their Robes, Garter the King of Arms attending them, and doing his Service according to his Office.

On Tuesday the 15^th day of November, Two Bills had each of them one reading; of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking away of Women against their Wills unlawfully, together with the Proviso annext unto it by the consent of the House, was read tertiâ vice, and afterwards sent down to the House of Commons, that the Proviso there might be considered of. And so the Parliament continued till Saturday the 19^th day of November at nine of the Clock.

On which day the Bill touching the School of Sevenoake was read primâ vice.

Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivors (which said Bill had been yesterday committed upon the second reading, although the mention of the said reading and Commitment be purposely omitted) and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House.

The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lords, and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence.

Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17^th day of this Month (through the negligence of the Messenger unto whom the same was delivered) and now his Lordship wanting health to give his Attendance, desireth to be excused of his absence, the Earl of Worcester and the Earl of Southampton testifying his sickness.

Introductum est breve Radulphi Domini Evers, quo praesenti Parliamento interesse summonebatur, & admissus est ad suum praeheminentiae sedendi in Parliamento locum, salvo jure alieno.

On Monday the 21^th day of November, to which day the Parliament had been last continued on Saturday foregoing, Two Bills of no great moment had each of them one reading; of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was read primâ vice.

Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in.

Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivors, &c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill; And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence. Vide concerning this Bill on Saturday the 19^th day of this instant November foregoing.

On Tuesday the 22^th day of November, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the establishment of the new Colledge of the Poor of Cobham in the County of Kent, was read primâ vice.

Three Bills also of no great moment were each of them sent up to the Lords from the House of Commons; of which the first was an Act formerly sent to them; with a Proviso from this House thereunto added, concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully.

The Committees upon the Bill of Tellors, Receivors, &c. meeting at the little Chamber near the Chamber of the Parliament presence, and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved, did refer the Bill to her Majesties Attorney General to be reviewed. Vide more of this on Saturday the 19^th day, and on Monday the 21^th day of this instant November foregoing.

On Thursday the 24^th day of November, to which day the Parliament had been last continued on Monday foregoing, Five Bills had each of them one reading; of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesties Reign, was read primâ vice.

This Bill was reviewed by M^r Attorney by the appointment of the Committees (on Tuesday the 22^th day of this instant November foregoing) who then referr'd it unto him, and was now brought in instead of the former Bill, touching which see before on Saturday the 19^th day, and on Monday the 21^th day of November aforesaid.

And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign, Intituled An Act for the encrease of Mariners and maintenance of Navigation, was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral, the Earl of Worcester, the Earl of Southampton, the Bishop of London, the Bishop of Winchester, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Cobham, the Lord Mountjoy; and M^r Justice Walmesley, M^r Serjeant Drew and M^r Attorney p. 530were appointed to attend the Lords. Vide November 7^th antea.

On Saturday the 26^th day of November, to which day the Parliament had been last continued on Thursday foregoing, Three Bills had each of them one reading; of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign touching Tellors and Receivors, was read the third time and commanded to be: ingrossed.

A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London, who Arrested Edward Barston the Lord Chandois Servant contrary to the priviledge of this House.

The Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign, Intituled An Act for the encrease of Mariners and maintenance of Navigation, was brought into the House by the Committees (whose names see before on Thursday the 24^th day of this instant November foregoing) with an Amendment thought sit to be put into the Bill; And the Amendment being thrice read, the Bill was appointed to be fixed in a Schedule to the Bill.

On Monday the 28^th day of November, to which day the Parliament had been last continued on Saturday foregoing, The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors and Receivors, was read tertiâ vice, and sent to the House of Commons by M^r Attorney General and D^r Stanhop.

The Bill that was sent from the House of Commons with this Title, viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesties Reign, Entituled An Act for the encrease of Mariners and maintenance of Navigation, was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto, viz. An Act for encrease of Mariners and for maintenance of the Navigation, repealing a former Act made in the twenty third year of her Majesties Reign bearing the same title, as also of some Amendments in the Body of the Bill added by the Committees (whose names see on Thursday the 24^th day of this instant November foregoing) by M^r Attorney General and D^r Carew.

The Bill touching the School of Seavenoake was brought in by the Committees (who were appointed to meet on Monday the 21^th day of this instant November foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) without alteration, and commanded to be ingrossed.

On Thursday the first day of December, to which day the Parliament had been last continued on Saturday foregoing, The Bill concerning the School of Seavenoake was read tertiâ vice, and sent to the House of Commons by M^r Serjeant Drew and M^r D^r Stanhop.

The Bill for the establishing the Town Lands of Wanting, &c. was brought in by the Committees (who were appointed on Saturday the 26^th day of this instant November foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) with a Proviso by them thought fit to be added thereunto, which Proviso was twice read.

The Parties that Arrested the Lord Chandois Servant, Edward Barston, viz. William Wood and one Stephenson a Serjeant with two others, were brought into the House by the Serjeant at Arms, and upon some notice taken of the matter, M^r Justice Owen and M^r Serjeant Drew were appointed to examine the same, and to make report thereof to the Lords. Vide concerning this matter on Saturday the 26^th day of this instant November foregoing.

The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and the Lord S^r John of Bletso.

On Saturday the third day of December, to which day the Parliament had been last continued on Thursday foregoing, the Bill for the establishing of the Town Lands of Wanting in the County of Berks, was read tertiâ vice, and sent to the House of Commons by M^r Serjeant Drew and M^r Attorney, for their consideration of a Proviso thought fit to be added by the Committees.

Five Bills were sent up to the Lords from the House of Commons; of which the first was the Bill for the encrease of Mariners and for maintenance of the Navigation, repealing a former Act made in the twenty third year of her Majesties Reign bearing the same title, which said Bill was sent from the Lords to the House of Commons for their consideration and allowance of the title and some Amendments in the Body of the Bill.

A second being the Bill for erecting of Hospitals or abiding and working Houses for the Poor, was read primâ vice.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for the better and safer Recording of Fines to be levied in the Court of Common Pleas was read primâ vice.

Upon the Report of M^r Justice Owen and M^r Serjeant Drew, unto whom the Examination of the matter was committed concerning the Arresting of Edward Barston Servant to the Lord Chandois by one Stephenson a Serjeant of London, at the Suit of one William Wood, these two being found and judged to have willfully offended therein against the priviledge of the House, were committed and sent to the Prison of the Fleet, there to be kept close Prisoners until further direction should be given by the Lords of Parliament.

p. 531And whereas the two others were this day brought into the House before the Lords and supposed to be partakers of the same offence, they upon Examination being found not to have wilfully committed any fault therein were dismissed, and Order given accordingly by the Lords for their discharge in that behalf; And also for the discharge of Edward Barston out of the Prison of the Counter. Vide concerning this matter on Saturday the 25^th day of November foregoing, and on Thursday the first day of this instant December last past, as also on Monday the 5^th day of this said December following, as also on Wednesday the 14^th day of the same Month.

On Monday the 5^th day of December, to which day the Parliament had been last continued on Saturday foregoing, Six Bills of no great moment were brought up to the Lords from the House of Commons; of which the first was the Bill for erecting Houses of Correction, and Punishment of Rogues and Sturdy Beggars; And the second being the Bill to restrain Brewers to keep two Coopers and no more, was read primâ vice.

The Bill for the Confirmation of the Jointure of Christian Lady Sands, was read primâ vice.

Four other Bills also of no great moment were read secundâ vice, and thereupon Committed.

The absence of the

Earl of Essex

Lord Viscount Bindon

Earl of Cumberland

Lord Scroope

Lord Willoughby of Eresby

Bishop of Rochester

excused by the

Lord Rich.

Lord Chandois.

Lord Wharton.

Lord Zouch.

Bishop of Bath and Wells.

This day Order was given for the Release of Stephenson the Serjeant that arrested the Lord Chandois his Servant. Vide concerning this matter on Saturday the 26^th day of November last past, as also on Thursday the 1. day and on Saturday the 3. day of this instant December foregoing.

On Tuesday the 6^th day of December, Two Bills of no great moment had each of them one Reading; of which the first being the Bill for erecting of Houses of Correction for punishment of Rogues, Vagabonds and sturdy Beggars was read secunda vice.

The Committees in the Bill Entituled An Act for the better and safe Recording of Fines to be levyed in the Court of Common Pleas (who were appointed yesterday, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as a matter of small consequence) returned the same to the House with some Amendments, which Amendments were twice read and the Bill commanded to be ingrossed.

On Wednesday the 7^th day of December, Seven Bills of no great moment had each of them one reading; of which the first being the Bill for Confirmation of the Jointure of Christian Lady Sandes, was read secunda vice, and commanded to be ingrossed; and the second being the Bill for the better and safer Recording of Fines to be levied in the Court of Common-Pleas was read tertiâ vice, and sent down to the House of Commons by M^r Attorney and D^r Stanhop.

Hodie retornatum fuit breve Thomae Domini Howard de Walden.

On Thursday the 8^th day of December, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the enabling of Edmund Mollineux Esquire, to sell Lands for the payment of his Debts and Legacies, was read prima vice; And the second being the Bill for confirmation of the Jointure of Christian Lady Sandes, was read tertiâ vice, and sent to the House of Commons by M^r Attorney and M^r, D^r Carew.

The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice, and referr'd to these Committees following, viz. The Lord Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral of England, the Earl of Northumberland, the Earl of Shrewsbury, the Earl of Worcester, the Earl of Southampton, the Bishop of Winchester, the Bishop of Coventry and Litchfield, the Bishop of Hereford, the Bishop of Bath and Wells, the Bishop of Norwich, the Bishop of Chester, the Lord Hunsdon Lord Chamberlain, the Lord Zouch, the Lord De la Ware, the Lord Cobham, the Lord Mountjoy, the Lord Darcy, the Lord Windsor, the Lord North, the Lord Chandois, the Lord S^t John, the Lord Buckhurst; The two Chief Justices, the Lord Chief Baron, M^r Justice Gaudy, M^r Serjeant Drew and M^r Attorney General, to attend the Lords. (Vide plus antea November 7^th Monday.)

These Committees to meet at the little Council Chamber at the Court of Whitehall, on Saturday next being the 10^th day of this instant December, at two of the Clock in the Afternoon.

The Bill for erecting of Houses of Correction and for punishment of Rogues, Vagabonds, and Sturdy Beggars, was read secunda vice, and referr'd to the Committees for the former Bill, and the same time and place appointed for meeting; And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill.

Three Bills also of no great moment had each of them one reading; of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had, p. 532&c. was read secundâ vice. Upon which reading it was Ordered, that all parties whom this Bill may concern, either on the part of M^r Hatch or against him, shall be heard openly in the House upon Monday next the 12^th day of this instant December by their Councel Learned, and all specialties concerning the same to be then produced, to the end it may be considered whether it shall be convenient to pass this Bill or no; M^r Serjeant Drew and M^r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor, and to make Report thereof accordingly on the part of the said poor Knights. Vide December 12^th postea.

The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased, and for payment of his Debts, was read secunda vice.

A Motion was made by some of the Lords and approved by the House, that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth, and namely any of the Wentworths to come to the House, and alledge if they find cause why the Bill should not proceed. And the next Tuesday was assigned for this purpose.

… the Knight Marshal's Man that arrested John York the Lord Archbishops Servant, was brought before the Lords this day by the Serjeant at Armes; and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House, was committed to the Prison of the Fleet, there to remain till their Lordships should give direction for his enlargement. Vide concerning this matter on Wednesday the 14^th day of this instant December following.

On Friday the 9^th day of December, Four Bills of no great moment had each of them one reading; of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol, and for relief of the Orphans and Poor there, was read secundâ vice; upon the reading whereof some Amendments were thought sit by the House to be added, which were presently drawn and agreed upon by the same House, which being twice read, the Bill with the said Amendments were Ordered to be ingrossed.

Seven Bills were brought up to the Lords from the House of Commons; of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm, as other Tenants in Tail may do, a private Statute made 27 Hen. 8. to the contrary notwithstanding, was (with three other of the said Bills being of no great moment) read primâ vice.

The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth. The sixth was for the establishing the Town Lands of Wanting in the County of Berks, which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons; And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent, which was returned into the House without any Alteration.

On Saturday the 10^th day of December, Three Bills of no great moment were each of them read tertiâ vice; of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor, with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships, were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop.

The Bill Entituled An Act against Forestallers, Regraters and Engrossers was returned into the House by the Committees (who were appointed on Monday the 15^th day of this instant December foregoing, although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence) with some Amendments which were twice read and Ordered to be ingrossed.

Three Bills of no great moment had each of them one reading; of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do, a private Statute made An. 27 H. 8. to the contrary notwithstanding, was secunda vice lect.

Upon the Motion of the Lord Marquess of Winchester, It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides. Vide Decemb. 12. sequen.

Three Bills also of no great moment were sent up to the Lords from the House of Commons; of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas, and was returned and allowed by the said House of Commons without any Alteration.

On Monday the 12^th day of December, to which day the Parliament had been last continued on Saturday foregoing, a Motion and request was had by the House of Commons and delivered by M^r Secretary accompanied with many others, for a Conference to be had concerning the Bill intituled An Act concerning Tellors, Receivors, &c. Whereupon the House nominated the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral, and divers other Lords, both Earls, Bishops and Barons, as Committees to confer with such a number of the House of Commons as should confer with the Lords touching the said Bill; The Lord Chief Justice of England, the Lord Chief Justice of the Common Pleas, the Lord Chief Baron, M^r Serjeant Drew and M^r Attorney being appointed to attend the Lords, and the meeting to be at the great Councel Table p. 533at the Court at Whitehal to Morrow being the 13^th day of this instant December, at two of the Clock in the Afternoon.

Two Bills of no great moment had each of them one reading; of which the first concerning Stains Bridge was read tertiâ vice & expedit.

The Councel on both parties, viz. for Arthur Hatch on the one part, and of the Dean and Chapter of Windsor of the other, were admitted to publick hearing in the House. And thereupon the Bill of Arthur Hatch was referred to Committees (being Peers and Members of the House) and the Lord Chief Justice of England and M^r Attorney to attend their Lordships. Vide concerning this matter on Thursday the 8^th day of this instant December foregoing.

The Councel on both parts, for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other, were admitted to publick hearing in the House. And thereupon no just cause to hinder or stay the proceeding of the Bill appearing, the same was commanded to be read the third time, and so was expedited. Vide touching this business on Saturday the 10^th day of this instant December foregoing.

The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom (who were appointed on Saturday the 10^th day of this instant December foregoing, although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence) returned the same to the House without alteration.

On Tuesday the 13^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies, was read secunda vice, and committed unto the Earl of Shrewsbury and others, and M^r Justice Gaudie and M^r Serjeant Crew to attend their Lordships. Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon.

Two Bills were sent up to the Lords from the House of Commons; of which the second being the Bill for relief of the poor was read primâ vice.

Four Bills also of no great moment had each of them one reading; of which the first being the Bill against Forestallers, Regraters and Ingrossers was read tertiâ vice, and sent down to the House of Commons by M^r Serjeant Drew and M^r Doctor Stanhop for their consideration of some Amendments.

The Bill giving power and liberty to Sir John Spencer Knight, Mary his Wife and Robert Spencer Esquire their Son, to alienate certain Mannors and Lands in the County of Dorset and Bedford, was read secunda vice. And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House, signifying her pleasure and consent to the Bill.

The Bill for explanation of the Statute made in the 5^th year of her Majesties Reign concerning Labourers was read secundâ vice; And a motion being made in the House for some Amendent of the Bill, the Amendment was presently agreed on in the said House.

On Wednesday the 14^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for explanation of the Statute made in the 5^th year of her Majesties Reign concerning Labourers was read tertiâ vice, and thereupon was sent down to the House of Commons (from whence it had been formerly brought up to their Lordships) with some Amendments added thereunto by M^r Attorney and D^r Stanhop.

The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lords from the House of Commons by M^r Comptroller and others.

This day Order was given for the release of M^r Wood out of the prison of the Fleet, at whose Suit the Lord Chandois his Servant called Edward Barston was arrested, so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest. Vide concerning this matter on Saturday the 26^th day of November foregoing; as also on Thursday the first day, Saturday the third day, and on Monday the 5^th day of this instant December last past.

The like Order taken for the enlargement of William Cole that arrested John Yorke the Lord Archbishops Servant, paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing.

Certain Amendments were thought fit by the Committees to be added to the Bill intituled An Act for erecting of Houses of Correction and punishment of Rogues, Vagabonds and Sturdy Beggers; which Amendments were twice read and upon consideration of the same, direction was given to some of the said Committees, viz. the Lord North, the Lord S^t John and the Lord Buckhurst, to review the said Amendments for reformation of some defects found therein by the House; and the Lord Chief Justice of England appointed to attend them.

On Thursday the 15^th day of December, Three Bills of no great moment had each of them one reading; of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice.

Six Bills were brought up to the Lords from the House of Commons; of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there, and was returned with allowance of the Amendments.

Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivors, which were delivered to M^r Attorney, to the end he might confer with p. 534the Judges upon the same, and make Report to the Lords.

The Bill for Arthur Hatch, her Majesties Ward, was returned into the House by the Lord Treasurer, first of the Committees, who said that there were in the Bill certain Points, that could not be well reformed; whereupon motion was made to the House (upon agreement amongst the Committees) that the proceeding in this Bill might cease, and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and Arthur Hatch; for which purpose a Bill was ready drawn and brought by M^r Attorney General, containing a form of composition betwixt them to be ratified (if it shall be thought good) by Parliament.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in postmeridianum tempus hodierni diei horâ tertiâ, at which time the Bill only for the grant of three Subsidies and six Fifteenths and Tenths was read secundâ vice.

On Friday the 16^th day of December, Two Bills had each of them one reading; of which the first being the Bill for the grant of three Subsidies and six Fifteenths and Tenths, was read tertiâ vice & expedit.

Five Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others; of which the first being the Bill touching the School at Seavenoake, was returned from the House of Commons with their allowance thereof.

The Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton in the County of Devon. for certain years, reserving the usual rent, was read prima vice.

On Saturday the 17^th day of December, Eight Bills of no great moment had each of them one reading; of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton, &c. was read secundâ vice, and referr'd to the same Committees that were formerly appointed (on Monday the 12^th day of this instant December foregoing) and the Earl of Worcester and Bishop of London were added to them.

Two Bills were brought up to the Lords from the House of Commons; of which the first was the Bill for encrease of people for the service and defence of the Realm.

The Bill Intituled An Act for the enabling of Edmund Mollineux Esq for the payment of his Debts and Legacies, was returned into the House by the Earl of Shrewsbury the first of the Committees, who said, the Committees had heard the Councel Learned on both parts, as well on the part of M^r Mollineux as against him, and finding some matter of difficulty in the Bill, the Councel desired to be heard openly in the House.

On Monday the 19^th day of December, to which day the Parliament had been last continued, the Bill for confirmation of the Subsidy granted by the Clergy was read tertia vice, and sent to the House of Commons by M^r Attorney and D^r Stanhop.

Certain Amendments were offered to the House by the Committees upon the second Bill concerning Arthur Hatch her Majesties Ward, &c. And the same Amendments were twice read. Whereupon both the Bill and the said Amendments were commanded forthwith to be ingrossed, which was accordingly done, and presently read the third time, and sent to the House of Commons by M^r Attorney and M^r D^r Stanhop. Vide concerning this matter on Thursday the 15^th day of this instant December foregoing.

The Committees upon the Bill Intituled An Act for erecting of Houses of Correction, and punishment of Rogues, Vagabonds and Sturdy Beggars, and An Act for the relief of the Poor, returned the same to the House with some Amendments, which were presently twice read and commanded to be ingrossed.

The Amendments in the Bill concerning Labourers formerly ingrossed in Parchment (at which exception was taken by the House of Commons, and for that cause returned without their allowance, because the Amendments were ingrossed in Parchment, which according to the Custom and use of the House should have been Paper, and thereupon) the Lords now commanded them to be written in Paper.

Four Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others; of which the first was the Bill for the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign, returned into the Upper House with some Amendments; which said Amendments were thrice read: And the second being for the establishment of the Bishoprick of Norwich, and the Possessions of the same, against a certain pretended concealed title made thereunto, was read prima vice. Vide concerning this matter on Thursday the 12^th day, Saturday the 14^th day, on Monday the 16^th day, and on Thursday the 17^th day of January next ensuing.

Two Bills also of no great moment had each of them one reading; of which the first being the Bill for the encrease of people for the service and defence of the Realm, was read primâ vice.

On Tuesday the 20^th day of December, Two Bills had each of them one reading; of which the first being the Bill for erecting of Houses of Correction, and punishment of Rogues, Vagabonds and Sturdy Beggars, was read tertiâ vice.

The Amendments of the Bill concerning Labourers was presented to the House written in paper. Vide concerning this Bill on the day immediately foregoing.

The three Bills aforesaid were sent down to the House of Commons for their consideration of the several Amendments and Provisoes added unto them, by M^r Attorney General and M^r D^r Stanhop.

p. 535Two Bills of no great moment were sent up to the Lords from the House of Commons; of which the last concerning Labourers was returned with the allowance of the Amendments.

The Bill lastly for the encrease of people for the service and defence of the Realm was read secundâ vice, and committed unto the Archbishop of Canterbury and others; and the two Lords Chief Justices, the Lord Chief Baron and M^r. Attorney General to attend their Lordships: who were appointed to meet at the great Council Chamber at the Court at Whitehall on Wednesday the 11^th day of January next following, at two of the Clock in the Afternoon.

Dominus Custos magni Sigilli ex mandato Dominae Reginae adjornavit praesens Parliamentum us que in 11. diem Januarii proae' sequentem horâ octavâ.

Nota, That this Adjournment, although but for the space of twenty one days, was by her Majesties Commandment, being personally present, as may be directly gathered out of those words ex mandato Dominae Reginae, notwithstanding the word praesentis be omitted here as in divers other places also of these Journals of the Queens time upon the like occasion; for otherwise if her said Majesty had not been personally present in the Upper House, this Adjournment ought to have been by Commission under the Great Seal, as a like Adjournment had been from Monday the 21^th day of December unto Thursday the 4^th day of February then next ensuing, in the Parliament in Anno 27 Reginae Eliz. Anno Domini 1584.

Nota also, That at the end of this Adjournment the two Houses met in their several places without any pomp or state, and also fell to the reading of such Bills and perfecting of such ordinary businesses as they had left unperfected at the time of the aforesaid Adjournment. Which said new meeting of the Lords in the Upper House is Entred as followeth in the Journal-Book of the Upper House, viz.

Die Mercurii, viz. undecimo die Januarii (to which day the Parliament had been last Adjourned on Tuesday the 20^th day of December foregoing) Domini tam Spirituales quàm Temporales, quorum nomina subsequuntur, praesentes fuerunt.

Archiepiscopus Cantuarien'.

Thomas Egerton Miles, Custos magni Sigilli.

Dominus Burleigh Dominus Thesaurar. Angliae.

Comites.

Comes Essex Magnus Marescallus Angliae.

Comes Nottingham Magnus Seneschallus.

Comes Northumbr'.

Comes Salopiae.

Comes Darbiae.

Vice-Comes Bindon.

Episcopi.

Episcopus London.

Episcopus Roffen'.

Episcopus Peterburgen'.

Episcopus Bathon' & Wellen'.

Episcopus Landaven'.

Episcopus Cestren'.

Episcopus Cicestren'.

Barones.

Dominus Hunsdon Camerarius.

Dominus Zouch.

Dominus La Ware.

Dominus Cobham.

Dominus Stafford.

Dominus Grey de Wilton.

Dominus Scroope.

Dominus Stourton.

Dominus Sandes.

Dominus Wharton.

Dominus Rich.

Dominus Darcy de Chich.

Dominus North.

Dominus Buckhurst.

Dominus Compton.

Nota, That though I do usually observe in all these Journals never to have the presence of the Lords transcribed, but at the beginning only of a new Parliament, or at least a new Session; yet I have observed it here though but at the beginning of a new meeting, in respect that the presence of the Lords before set down at the beginning of this Parliament on Monday the 24^th day of October being much greater than that of this day, could not serve to be any rule for the presence of those that attended at this new meeting; which is for the most part the chiefest reason why the presence of the Lords is marked on the first day of the Parliament, or on the next day from the first, on which they be noted, if through the Clerk of the Upper House his negligence (as it often happeneth) it be … the said day.

A second but less material cause why I have their names transcribed, is to see the due places and precedences of the Lords Temporal.

This Wednesday as soon as the Lords were set, it should seem that the Earl of Essex having been created Earl Marshall the 28^th day of December last before this instant, took his place according to his said Office, viz. next after the Earl of Oxon Chamberlain of England, and before the Earl of Nottingham Lord Steward and Lord Admiral.

The said Earl Marshal having taken his … as aforesaid, was added to the Committees in the Bill intituled An Act for encrease of people for the service and defence of the Realm, who were appointed on Tuesday the 20^th day of December foregoing. His Lordship also was added to the p. 536Committees upon the Bill for the relief of the Poor in times of extream dearth, who were appointed to meet at the great Council Chamber at Whitehall upon Friday the 13^th day of this instant January following, by two of the Clock in the Afternoon.

The Committees upon the Bill concerning Broakers and Pawntakers were appointed to meet at the great Council Chamber, &c. upon Friday the 13^th day of this instant January following, by two of the Clock in the Afternoon.

The Bill for maintenance of Husbandry and Tillage was read secunda vice, and referred to the same Committees which are for the Bill for encrease of people, &c. who were appointed to meet at the great Council Chamber, &c. on Tuesday the 20^th day of December foregoing, and to meet at the same time and place.

Three Bills had each of them one reading; of which the first being the Bill for recovery of three hundred thousand Acres of waste Marish and watery grounds in the Isle of Ely, and the Counties of Cambridge, Huntington, Northampton, Lincoln, Norfolk and Suffolk, was read secundâ vice and committed unto the Lord Treasurer, the Earl of Essex Lord Marshal, the Earl of Nottingham Lord Admiral, the Bishop of Peterborough, the Bishop of Bath and Wells, the Bishop of Norwich and the Bishop of Chichester, the Lord Hunsdon Lord Chamberlain, the Lord De la Ware, the Lord Cobham, the Lord Rich, the Lord Darcie of Chich, the Lord North and the Lord Buckhurst; and M^r Justice Gaudie and M^r Serjeant Drew to attend their Lordships: All which were appointed to meet at the little Chamber near the Chamber of Parliament presence on Saturday the 14^th day of January following in the Morning before the House sit.

On Thursday the 12^th day of January the Bill entitled An Act for encrease of People for the service and defence of the Realm was returned unto the House by the Committees (who were appointed on Tuesday the 20^th day of December foregoing) and a Motion was made by the Lord Arch-Bishop of Canterbury, the first of the Committees, that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill. Whereupon M^r Attorney and M^r Doctor Stanhop were addressed to the House of Commons with a Message to that effect; and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow, being the 13^th day of this instant January ensuing, by two of the Clock in the Afternoon.

Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People, &c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill; and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill, to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting. The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing; And therefore agreed that answer should be made, that if upon verbal Conference they should remain unsatisfied touching the said Objections, then they should have the same delivered unto them in writing for their further consideration thereof. Which answer was presently notified to the said select Committees. And in the mean season the Judges were required to set down the said Objections in writing, that it might be in readiness for the said Committees of the House of Commons, if upon the verbal Conference they should not be satisfied. Vide concerning this matter on Saturday the 14^th day of this instant January following.

Three Bills of no great moment had each of them one reading; of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk, was read secundà vice and committed unto the Lord Treasurer, the Earl of Essex Lord Marshal, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Rich, the Lord North and the Lord Buckhurst; and the Lord Chief Baron and M^r Attorney General to attend their Lordships. Vide concerning this Attendance of the Judges on Monday the 7^th day of November foregoing.

The Bill for the establishing of the Bishoprick of Norwich and the Possessions of the same, against a certain concealed title made thereunto, was read secunda vice. Upon this reading it was Ordered by the Lords that all parties whom this Bill may concern should be openly heard in the House upon Saturday next in the Morning, being the 14^th day of this instant January, to the end it might be considered whether the same may justly pass without prejudice to the said parties, and George Lester then to be warned to attend. Vide concerning this matter on Monday the 14^th day of December foregoing; as also on Saturday the 14^th day, Monday the 16^th day, and Tuesday the 17^th day of this instant January following.

Another Bill also of no great moment touching Clothiers was read secunda vice, and referr'd to Committees. Vide plus de ista materia die sequente.

Certain Amendments were offered unto the House by the Committees upon the Bill Intituled An Act for the Naturalizing of certain Englishmens Children and others born beyond the Seas. Which Amendments were presently twice read; And thereupon both the Bill and the Amendments were read the third time, and returned unto the House of Commons by M^r Serjeant Drew, and M^r D^r Carew.

On Friday the 13^th day of January, the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read primâ vice.

The said Kirkham and Ambrose Willoughby Esq p. 537are to be warned to attend the Lords on Monday Morning next, being the 16^th day of this instant February, at which time it is appointed that the said Bill shall be read the second time. Vide touching this matter on Monday the 16^th day, and Tuesday the 17^th day of this instant January following.

The Bill against deceitful stretching and tentering of Northern Cloth was read secundâ vice, and committed to the Earl of Shrewsbury, Viscount Bindon, the Bishop of London, the Bishop of Bath and Wells, and the Bishop of Norwich, the Lord Zouch, and the Lord Buckhurst; and the Lord Chief Baron, M^r Justice Owen and M^r Baron Evers, to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7^th day of November foregoing.

The same Committees, time and place appointed upon the Bill for the relieving of Clothiers, concerning the weight of short broad and coloured Cloths, &c. the former Committees being part of this number, having not had time to perfect the same, who had been appointed yesterday.

Three Bills of no great moment had each of them one reading; of which the last being the Bill to preserve the property of stoln Horses in the true Owners, of Vouchers in sale of Horses in Fairs and Markets, was read tertia vice and refused.

The Bill concerning the recovery and draining from the water certain overflown grounds in the County of Norfolk was read secundâ vice, and referr'd to the same Committees upon the Bill formerly read of that kind concerning three hundred thousand Acres, &c. (whose names see before on Wednesday the 11^th day of this instant January foregoing) with Addition of the Lord S^t John; and M^r Attorney to attend; appointed to meet at the same time and place, &c. And such parties as the same may concern to be warned to attend also.

On Saturday the 14^th day of January certain Objections unto the Bill Intituled An Act for the increase of people, &c. were set down in writing by M^r Attorney General, and brought into the House by the Archbishop of Canterbury, the first of the Committees. And the same was sent to the House of Commons for their consideration thereof, according to a Proviso made by their Lordships to the Select Committees of the House of Commons at the meeting yesterday about that Bill, by Mr. Attorney General and Dr. Stanhop. Vide concerning this matter on Thursday the 12^th day of this instant January foregoing, as also on Friday the 20th day of the same Month following.

Upon Motion made by the Lord Archbishop that the Committees for the Bill of Tillage had not time to perfect the same at the meeting formerly Assigned, It was Ordered by the House that the said Committees should meet again about it at the great Council Chamber, &c.

The like Motion was made touching the Bill of Broakers and Pawn takers, and the like Order.

Certain Knights and Burgesses of the House of Commons sent to the Lords to desire a Conference with a competent number of that House concerning the Amendments and Provisoes added to the Bill Intituled An Act for erecting of Houses of Corrections and punishment of Bogues, Vagabonds and Sturdy Beggars. Whereupon choice was made of the Lord Archbishop, the Lord Admiral, the Earl of Shrewsbury and the Bishop of Winchester, being part of the number formerly appointed upon that Bill; the three Chief Justices, Mr. Serjeant Drew and Mr. Attorney to attend. And the same presently signified to the said Knights and Burgesses, but with this caution, That whatsoever had been amended or added by their Lordships could not now be altered by the Orders of the House. Howbeit to yield the House of Commons satisfaction of the reasons that moved their Lordships to make those Amendments, they assented to the Conference, and the meeting was appointed to be in the outward Chamber of the Upper House of Parliament on Monday the sixteenth day of this instant January following, by eight of the Clock in the Morning. On which said Monday see more of this matter.

The Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties services concerning the Wars, was read primâ vice.

The Councel Learned as well on the part of the Bishop of Norwich and his Tenants, as on the part and behalf of George Lester were heard openly in the House; but for the present no further Order or proceeding therein. Vide touching this business on Tuesday the 20^th day of December last past, and on Thursday the 12^th day of this instant January foregoing; as also on Monday the 16^th day, and Tuesday the 17^th day of the same Month next ensuing.

The Earl of Essex not able to attend for want of health was certified by the Lord North.

The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester.

On Monday the 16^th day of January, to which day the Parliament had been last continued on Saturday foregoing, Two Bills had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the City of Lincoln and the Town corporate of Nottingham, was read secundâ vice, and committed unto the Lord Treasurer of England, the Earl of Essex Earl Marshal, the Earl of Nottingham Lord Admiral, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Evers, the Lord North, the Lord St. John and the Lord Buckhurst; the Lord Chief Justice of the Common Pleas, M^r Justice Clench, M^r Serjeant Drew and M^r Attorney General to attend their Lordships. Vide concerning this attendance of the Judges on Monday p. 538the 7^th day of November foregoing.

Report was made to the House by the Lord Archbishop of Canterbury, that upon the meeting of such of the Lords of the Upper House as were appointed this day to confer with certain select Knights and Burgesses of the House of Commons concerning the Amendments and Provisoes added by their Lordships to the Bill intituled An Act for erecting of Houses of Correction, &c. The said Knights and Burgesses do hold themselves satisfied upon the reason alledged by their Lordships in some part of the said Amendments, but not in all. Vide concerning this matter on Saturday the 14^th day of this instant January foregoing.

Kirkham was called into the House before their Lordships, and after he had been heard what he was able to say in his own behalf concerning the Bill, the same was read the second time, viz. The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham was read secundâ vice, and Ordered to be engrossed. Vide concerning this Bill on Friday the 13^th day of this instant January foregoing, as also on Tuesday the 17^th day of the same Month immediately ensuing.

Two Bills also had each of them one reading; of which the first being the Bill for repressing of offences that are of the nature of stealth, &c. was returned unto the House by the Earl of Essex, the first of the Committees, with certain Amendments; which Amendments were presently thrice read, and sent by M^r Serjeant Drew and M^r D^r Stanhop to the House of Commons for their consideration.

A Motion was made, that a Proviso should be added to the Bill concerning the Bishoprick of Norwich; which Proviso was presently drawn in the House by M^r Attorney, and thereupon read. And for the more expedition in the proceeding of the Bill, it was thought meet, that the Lord Archbishop of Canterbury, the Earl of Essex Lord Marshal, the Earl of Nottingham Lord Admiral, the Bishop of London, the Lord Hunsdon Lord Chamberlain, and the Lord Cobham should confer with a competent number of the House of Commons about the said Proviso. Whereupon M^r Serjeant Drew and M^r Attorney were sent to the said House of Commons to signifie the same. Who presently assented to a meeting, and made their repair to their Lordships forthwith accordingly. Vide concerning this matter on Tuesday the 20^th day of December foregoing, and on Thursday the 12^th day, and on Saturday the 14^th day of this instant January last past; as also on Tuesday the 17^th day of the same Month immediately ensuing.

Four Bills were brought up to the Lords from the House of Commons; of which the last was the Bill for confirmation and better assurance and conveyance of certain Mannors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the Earl of Leicester. Vide postea concerning this Bill on to Morrow following.

On Tuesday the 17^th day of January it was agreed upon in the House, that the Committees upon the Bill for maintenance of Husbandry and Tillage (who were appointed on Wednesday the 11^th day of this instant January foregoing) should meet for perfecting of the same at the great Council Chamber at the Court at Whitehall this present day, by two of the Clock in the Afternoon.

The Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham, was read tertiâ vice, and sent to the House of Commons by M^r Serjeant Drew and M^r D^r Stanhop. Vide touching this business on Friday the 13^th day, and on Monday the 16^th day of this instant January foregoing.

Two Bills had each of them one reading; of which the second being the Bill for confirmation and better assurance and Conveyance of certain Mannors, Lands, Tenements and Hereditaments given and intended to an Hospital or Meason de Dieu in Warwick, founded and established by the late Earl of Leicester, was read primâ vice.

George Ognell and the parties that follow the Bill for the Hospital, to be heard openly in the House by their Councel Learned to Morrow the 18. day of this instant January in the Morning. Vide concerning this business on Monday the 16. day of this instant January foregoing, in fine Diei.

A Proviso drawn by M^r Attorney by Commandment of the House and appointed to be added to the Bill for establishing the Bishoprick of Norwich, &c. was twice read and commanded to be ingrossed; And then both the Bill and the Proviso being read the third time, were returned to the House of Commons for their consideration of the Proviso. Vide touching this matter on Tuesday the 20^th day of December foregoing, and on Thursday the 12. day, Saturday the 14. and on Monday the 16. day of this instant January foregoing.

The Earl Marshal was added to the Bill concerning Accomptants.

Three Bills lastly had each of them one reading; of which the last being the Bill for some better staying of Corn within the Land, to give liberty to English Subjects sometimes to buy Wheat, &c. and to sell the same again in the same kind, for the better relief of the Common-Wealth. was read tertiâ vice and rejected.

On Wednesday the 18^th day of January, the Lord Keeper signified to the House, that the parties that follow the Bill for the Hospital of Warwick are not provided of their Councel Learned. Whereupon the House assigned them a new day, viz. Friday Morning the 20. day of this instant January following. Vide concerning this matter on Monday the 16. day, and on Tuesday the 17. day of this instant Month foregoing.

Four Bills of no great moment had each of them one reading; of which the two last, the p. 539one for the avoiding of bringing in of Pins, and the other for the better furnishing and supplying of skilful Chirurgeons in and to the Land and Sea services for her Majesty and the Realm, were each of them upon the second reading rejected.

The Earl Marshal was added to the Bill for Broakers and Pawn-takers.

The Committees upon the Bill for confirmation of Statute Merchants in the Cities of Lincoln and Town of Nottingham, and the Committees upon the Bill concerning Tellors and Receivors were appointed to meet this present day.

The Councel learned on both sides upon the Bill concerning M^r Mollineux were appointed to be heard openly in the House on Saturday next, being the 21^th day of this instant January, and warning to be given in the mean while thereof to the parties.

The Amendments agreed upon by the Councel upon the Bill of Tillage (who were appointed on Wednesday the 11^th day of this instant January foregoing) were appointed to be brought into the House to Morrow Morning by the Lord Chief Justice of England.

The Lord Buckhurst signified, That upon a Letter written unto him by the Lord Marquess of Winchester, notifying his present sickness whereby he was not able to give his Attendance as yet, the said Lord Buckhurst having moved her Majesty therein according to the request of the said Lord Marquess, it pleased her Majesty to hold him excused for the present until his recovery, and commanded that he should then give his Attendance.

On Thursday the 19^th day of January the Bill for reforming of certain abuses touching Wine Casks was read secundâ vice, and commited unto the Lord Burleigh Lord Treasurer, the Earl Marshal, the Earl of Nottingham Lord Admiral, the Bishop of Rochester, the Bishop of Chichester, the Lord North, the Lord Buckhurst, the Lord Howard of Walden; and M^r Justice Owen and M^r Serjeant Drew to attend their Lordships. Vide concerning this attendance of the Judges on Monday the 7^th day of November foregoing) which said Committees were appointed to meet at the little Council Chamber at the Court at Whitehall at three of the Clock in the Afternoon.

Certain Amendments and a Proviso was brought into the House and delivered, by the Archbishop of Canterbury, the first of the Committees upon the Bill of Maintenance of Husbandry, &c. and the same being twice read were commanded to be ingrossed.

Answer was returned in writing from the House of Commons, and delivered by certain Knights and Burgesses sent for that purpose, unto the Objections taken by their Lordships to some Points of the Bill intituled An Act for the increase of People for the service and defence of the Realm; which objections were also formerly delivered unto them in writing upon their request made unto their Lordships.

Certain selected Persons of the House of Commons, viz. Sir William Knolls and Sir Edward Hobby Knights, with divers others coming from the said House of Commons, in delivered a Message signifying that the said Knights and Burgesses desired to receive satisfaction, from the Lords concerning an Innovation (as the said Knights and Burgesses supposed) very lately begun in the Upper House in delivering of an Answer from the Lords by the Mouth of the Lord Keeper, in other form and manner than was pretended by the Knights and Burgesses to have been in former times used, and, as they did interpret it, to the prejudice and derogation of the liberty of the House of Commons. For whereas on the fourteenth day of this instant January foregoing, Sir Walter Raleigh Knight with divers others of the said House of Commons were sent up to the Lords to deliver a certain Message to the House, after Consultation had thereon by the Lords, and after signification given to the said Sir Walter Raleigh and the rest (staying in the outward Room for Answer) that they might come in to receive the same; it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place, and all and every of the Lords keeping their places, and not going down to the Bar as the use and form is, when the Lords either receive Bills or Message from the House of Commons, and as the Lord Keeper had done once or twice before by Error, or not attending the Formality and Order of the House in that Point. This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the same House of Commons, wherein they desire to receive satisfaction as is before mentioned.

Upon which Message the Lords having consulted and delivered their Opinions touching the said Order and Custom of the House, as it had been observed and particularly noted and remembred by some of them that were the most ancient and of longest continuance in Parliaments, and especially by the Lord Burleigh Lord Treasurer, the most ancient Parliament man of any that were at that time present either of the Upper House or House of Commons, and likewise by the Lord Archbishop of Canterbury, and by the Lord Admiral, the Lord North, the Lord Buckhurst and others, that had been present in many Parliaments; It was resolved that the Order and usage of the House was and is, That when any Bills or Messages be brought from the House of Commons to be preferred to the Upper House, the Lord Keeper and the rest of the Lords are to arise from their places, and to go down to the Bar, there to meet such as come from the said House of Commons, and from them to receive in that place their Messages or Bills: But contrariwise when any Answer is to be delivered by the Lord Keeper, in the name and behalf of the House, to such Knights and p. 540Burgesses as came from the House of Commons, the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper House without the Bar, and the Lord Keeper is to deliver the same sitting in his place with his head covered, and all the Lords keeping their places; and that whensoever it had been otherwise done, it had been by error and mistaking, and therefore not to be drawn into an Example or Precedent as it was acknowledged by the Lord Keeper this day and the rest of the Lords, that the going of the said Lord Keeper and the rest of the Lords from their places to the Bar some few days before, once or twice, to give Answer to some of the House of Commons (whereof the said House of Commons seemed to take some advantage) was only by miscognizance or rather for want of due remembrance at that present of the Order and Custom of the House, whereunto their Lordships (having regard rather to dispatch of matters of importance in the House, than to formalities) were not greatly intentive. This to have been the ancient usage of the House, and that the same ought still to be, was concluded by common and general consent, both upon particular remembrances and observations of the like course and Order holden aforetime by other Lords that held the place in the House of Lord Chancellor or Lord Keeper, and also by divers reasons produced and alledged to prove and shew, that the said Order doth best stand with the dignity and gravity of the House, and with the conveniency and aptness for dispatch of affairs appertaining to the Parliament; and that the contrary course is both undecent and inconvenient.

This being so resolved and concluded, it was agreed that M^r Attorney General and Mr. Serjeant Drew should go down to the House of Commons, and signify from the Lords to the Knights and Burgesses, That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demands, Answer should be given them. Whereunto the said Knights and Burgesses returned signification of their assent by the said M^r Attorney General and M^r Serjeant Drew. And in very little time after sent up accordingly the same persons who before had been sent to demand satisfaction. But being come into the House, and having placed themselves at the lower end of the said room, (as at other times they accustomed, except the Lord Keeper and the rest of the Lords would come from their places and meet them at the Bar to deliver them Answer) the Lord Keeper moved them to come nearer to receive Answer. And when they perceived that the Lords were resolved not to come from their places to the Bar, they protested by the Mouth of Sir William Knolles, that they had no Commission to receive Answer in that form. And so refusing to receive any Answer, departed. The question and difference thus remaining betwixt the Houses, it was afterwards upon a Motion sent down from the Lords to the House of Commons agreed on both parts, that a Conference should be had, and that the aforesaid selected persons of the said House of Commons, or so many of them as should be needful should meet with divers of the Lords of the Upper House (being nominated by the House for that purpose) in the outward great Chamber before the Chamber of Parliament presence, to debate the matter and bring it to a conclusion. Which Meeting and Conference being assented unto, and afterwards accordingly there performed on the .... of January, and the Questions debated and the reasons and observation of former time for the aforesaid Order and Custom of the House being alledged by the Lord Archbishop of Canterbury, the Lord Burleigh Lord Treasurer, the Earl of Nottingham Lord Admiral, the Lord North and the Lord Buckhurst, that had been present in many Parliaments, (and especially by the Lord Treasurer the most ancient Parliament Man) it was found and observed that the Order and Custom of the House was as is before written; videlicet, that when any Bills or Messages are brought from the House of Commons to be presented to the Upper House, the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar, there to meet such as come from the House of Commons, and from them to receive in that place their Messages or Bills: But contrariwise when any Answer is to be delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as come from the House of Commons, the said Knights and Burgesses are to receive the same standing towards the lower end of the said Upper house without the Bar, and the Lord Keeper is to deliver the same sitting in his place with his Head covered, and all the Lords keeping their places. And thereupon the House of Commons was satisfied, and the same form was afterwards kept accordingly.

On Friday the 20^th day of January, the Answer that came yesterday from the House of Commons to the Objections taken by their Lordships to some points of the Bill Intituled An Act for the encrease of people for the service and defence of the Realm, was by the Order of the House referr'd and delivered to the Lords Committees formerly appointed upon that Bill, on Tuesday the 20^th day of December foregoing, who were required to consider thereof and to make their Report of their Opinions concerning the same.

The Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read primâ vice, A former Bill of that nature having been rejected in the House of Commons.

The Bill for the maintenance of Husbandry and Tillage was read tertiâ vice; and the Amendments and Proviso were thrice read, together with the Bill, and were sent down to the House of Commons for their consideration of the Amendments and Proviso by M^r Attorney General and M^r D^r Stanhop.

p. 541The Bill for reforming of sundry abuses committed by Souldiers and others in her Majesties Services concerning the Wars was read primâ vice. A former Bill of this nature having been considered of by the Committees was by them refused for many defects found therein, and this preferr'd to the House instead thereof.

The House having not time to hear the Councel Learned on the behalf of George Ognell and those that follow the Bill for the Hospital of Warwick, as was formerly appointed, a new time was appointed for the hearing of the same, viz. on Monday Morning next, being the 23^th day of this instant January.

Four Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others; of which the first being the Bill to reform deceit and breaches of Trust touching Lands given to Charitable uses, was read primâ vice.

On Saturday the 21^th day of January, Four Bills of no great moment had each of them one reading; of which the second being the Bill for repealing of a branch of a Statute made in the thirty fourth year of Hen. 8. Intituled the Ordinance of Wales, was read secunda vice, and committed unto the Archbishop of Canterbury, the Lord Marshall, the Earl of Shrewsbury, the Earl of Worcester, the Bishop of Worcester, the Bishop of Landaff, the Bishop of Chester, the Lord La Ware, the Lord Rich, the Lord Chandois and the Lord Compton; and the Lord Chief Baron and M^r Baron Evers to attend their Lordships. Vide concerning this Attendance of the Judges upon the Lords Committees on Monday the 7^th day of November foregoing.

The parties on both sides concerning the Bill of Edward Mollineux were openly heard by their Councel; and thereupon the said Bill was referr'd to Committees, &c. Vide touching this Bill on Tuesday the 13^th day, and on Saturday the 17^th day of December foregoing.

On Monday the 23^th day of January, to which day the Parliament had been last continued on Saturday foregoing, Three Bills of no great moment had each of them one reading; of which the first being the Bill for establishing a Jointure to Anne Lady Wentworth was read primâ vice.

Five Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for Naturalizing of certain Englishmens Children and others born beyond the Seas, was returned with the allowance of the Amendments expedited. And the third for repressing of offences that are of the nature of stealth, and are not Felonies by the Laws of the Realm, was likewise returned with allowance of the Amendments expedited.

Committees were appointed to confer with a competent number of the House of Commons concerning the Bill Intituled An Act for the encrease of people for the service and defence of the Realm, and the meeting desired to be to Morrow Morning the 24^th day of this instant January before the House sit, which the House of Commons Assented unto, viz. the Earl of Shrewsbury, the Lord Viscount Bindon and others.

The Committees that were appointed for Conference the 12^th day of December foregoing upon the Bill concerning Tellors, Receivors, &c. were now appointed to meet (adding unto them the Earl Marshal) to Morrow, &c. the meeting also assented unto by the House of Commons with a competent number of them.

The Councel Learned on part of George Ognell, and on the behalf of the Hospital of Warwick, &c. were openly heard in the House. Vide concerning this business on Monday the 16^th day, Tuesday the 17^th day, and Friday the 20^th day of this instant January foregoing.

Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness.

The Committees in the Bill for punishment of Rogues, Vagabonds, &c. (who were appointed on Saturday the 21^th day of this instant January foregoing) returned the same to the House with some Amendments by the Lord Archbishop of Canterbury, and the Lord Chief Justice required to consider of the Amendments.

Two Bills were brought up to the Lords from the House of Commons; of which the first being that Lessees may enjoy their Leases against all Patentees, their Heirs and Assigns, notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was presented by Sir Robert Cecill and others.

On Tuesday the 24^th day of January, Three Bills of no great moment had each of them their first reading; of which the first was, that no person robbing any House in the day, although no person be therein, shall be admitted to have benefit of Clergy.

The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars, was returned by the Lord Marshal second of the Committees, with sundry Amendments thought meet to be added; which Amendments were presently twice read, and after consideration thereof had, and much debate whether the Bill should so pass or no, it was thought necessary to be recommitted to the said Committees (who were appointed on Monday the 16. day of this instant January foregoing) and the time and place appointed presently at the little Chamber near the Parliaments presence. The Bill was brought in again with the same Amendments and no Alteration, and thereupon commanded to be engrossed.

The Bill entituled An Act for the relieving of Clothiers concerning the weight of short, broad and coloured Cloths to be made within the Counties of Suffolk and Essex, was returned to the House by the Earl of shrewsbury the first of the Committees, who made Report that upon hearing p. 542of both Parties, and upon due consideration of the reasons and allegations by them alledged, the Committees thought there could not be any further proceedings in the same. Whereupon a new Bill was presented bearing this Title, viz. An Act touching the making of short, broad, course coloured Cloths in the Counties of Suffolk and Essex, which was presently read primâ vice.

The Bill for punishment of Rogues, Vagabonds, &c. was brought into the House by the Lord Chief Justice with certain Amendments.

It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees, may afterwards be contradicted or spoken against by any of the Committees: but the doubt was left for the present unresolved. Vide on Thursday the 12^th day of November in the Parliament. de Anno 43 Regin. Eliz. where this doubt was cleared and ruled affirmatively.

On Wednesday the 25^th day of January, Three Bills had each of them one reading; of which the last was the Bill, that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown.

Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill.

Four Bills of no great moment were brought up to the Lords from the House of Commons; of which the first was the Bill for maintenance of Husbandry and Tillage.

Two Bills had each of them one reading; of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars, was read tertiâ vice.

The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays, &c. (who had been appointed on Thursday the 12^th day of this instant January foregoing) had not time at the day formerly assigned; and moving for a new day to be appointed for their meeting, the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber.

Notice was given to the House by the Lord Treasurer, that the Committees upon the Bill concerning Tellors, Receivors, &c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon, according to the Order taken the 23^th day of January: But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers (otherwise than to speak as they should see cause as private men) and desired that the Answer might be communicated to the said Commons in writing; the Lords therefore sent down the said Answers to the House of Commons by the hands of M^r Attorney General, and M^r Doctor Stanhop.

The Committees upon the Bill concerning the draining of Waste and Marish grounds, and (who had been appointed on Wednesday the 11^th day of this instant January foregoing) were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon.

The Amendments upon the Bill for punishment of Rogues, Vagabonds, &c. were twice read; And thereupon the Bill with the said Amendments was commanded to be engrossed.

On Thursday the 26^th day of January, the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts, &c. was returned by the Earl Marshal the second of the Committees, by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill. A Motion was therefore made that the Cause might be ended by some Arbitrary Course. Whereupon the Parties on both sides were called into the House and moved to that purpose; unto which they assented, and made choice of the Earl of Rutland, the Lord Bishop of London, and the Lord Mountjoy, who were appointed to meet this Afternoon (Vide concerning this matter on Tuesday the 17^th day of December foregoing.)

Six Bills of no great moment had each of them one reading; of which the fifth being the Bill for punishment of Rogues, Vagabonds and Sturdy Beggars was read tertiâ vice, and sent down to the House of Commons by M^r Serjeant Drew and M^r Attorney General.

The Bill for the lawful making of Bayes, &c. was returned by the Earl Marshal the second of the Committees, with a Proviso thought meet to be added; which Proviso was twice read, and commanded to be engrossed.

The Bill to reform deceits and breaches of Trust touching Lands given to Charitable uses, was returned to the House by the Archbishop of Canterbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added, which were twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso engrossed in Parchment ready for a third reading.

Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandring persons (who were appointed Yesterday) had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday; their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit.

The Bill entituled An Act for the encrease of people for the service and defence of the Realm, was returned to the House by the Earl of Shrewsbury, the first of the Committees. And because it seemed to all the Committees appointed for p. 543this Bill (together with the Judges) that notwithstanding the Conference with divers selected persons of the House of Commons, this Bill could not proceed; Order was given to the Judges, and especially to the Lord Chief Justice, to draw a new Bill. Whereupon this new Bill following was brought into the House.

The Bill against decaying of Towns and Houses of Husbandry was read primâ vice.

The Bill against carrying of Pelts, &c. was returned into the House by the Earl Marshal.

Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health.

The like excuse by the Lord Chandois for the Lord La Ware.

The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence.

On Friday the 27^th day of January, Two Bills of no great moment had each of them one reading; of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice: but no mention that it was committed.

The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice.

Certain Amendments upon this Bill were drawn by the Lord Chief Justice, and being allowed by the House were also twice read; and thereupon the Bill with the said Amendments was commanded presently to be engrossed.

The Bill touching the making of short broad, course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury, Lord Viscount Bindon, the Lord Bishop of London, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Hunsdon Lord Chamberlain, the Lord Zouch, the Lord Wharton, the Lord Darcie of Chich, and the Lord Buckhurst; and the Lord Chief Justice of England, the Lord Chief Baron, M^r Justice Owen and M^r Baron Evers to attend their Lordships.

Two Bills lastly had each of them their third reading; of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments, was returned to the House of Commons by M^r Serjeant Drew and M^r Doctor Stanhop for their consideration of the said Amendments.

The Lord Treasurer took his place this day as Baron of Burleigh, between the Lord Buckhurst and the Lord Compton.

The Lord Admiral took his place as Earl of Nottingham, between the Earl of Lincoln and the Lord Viscount Bindon.

And the Lord Chamberlain his place as Baron of Hunsdon, between the Lord Chandois and the Lord S^t John of Bletso.

On Saturday the 28^th day of January, the Bill for the lawful making of Bayes, &c. The Bill to restrain the excessive making of Malt, and one other of no great moment were each of them read tertiâ vice, and sent down to the House of Commons by M^r Serjeant Drew and Doctor Carew.

The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice, and committed unto the Earl of Essex Lord Marshal, the Earl of Northumberland, the Earl of Shrewsbury, the Bishop of Winchester, the Bishop of Bath and Wells, the Bishop of Norwich, the Lord Chamberlain, the Lord Zouch, the Lord Cobham, the Lord Sandes, the Lord Chandois and the Lord Compton; and M^r Baron Clerke and M^r Baron Evers or either of them to attend their Lordships.

The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine, was read secundâ vice. But no mention is made in the Original Journal-Book that this Bill was committed; for at the next sitting, viz. Die Lunae 30^o die Januarii, the same Bill was read tertiâ vice, and sent to the House of Commons by Doctor Carew and Doctor Stanhop.

On Monday the 30^th day of January, to which day the Parliament had been last continued on Saturday foregoing, the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees. And because the Committees found many defects therein, so that they thought the same unfit to proceed, they therefore together with the said Bill presented a new Bill intituled as the former, which was read primâ vice.

The Bill touching the making of short broad course coloured Cloths (which was committed on Friday the 27^th day of this instant January foregoing) was returned to the House by the first of the Committees; and therewithal, because the same was by the said Committees thought defective, a new Bill of the same title was likewise presented.

Two Bills of no great moment had each of them one reading; of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine, was read tertiâ vice, and sent down to the House of Commons by D^r Carew and D^r Stanhop.

Seven Bills were sent up to the Lords from the House of Commons; of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners, was returned with the allowance of an Amendment which was added by the Lords.

Sir Robert Cecill and other Knights and Burgesses that brought the seven Bills last mentioned, and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars, to which Conference the Lords assented, and the time and place appointed to Morrow in the Afternoon at the Great p. 544Council Chamber at the Court at Whitehall, and the same Committees that were formerly appointed on Monday the 16^th day of this instant January foregoing, and the Earl of Sussex, the Earl of Shrewsbury, the Earl of Rutland, the Lord Zouch and the Lord Cobham were added unto them.

The Bill Intituled An Act for the enabling of Edmund Mollineux Esq to sell the Lands, &c. was returned to the House by the Earl of Rutland, the first of the Committees or Arbitrators, with Amendments, which were twice read, and agreed, that the Bill should be engrossed. (Vide touching this matter on Tuesday the 13^th day, and on Wednesday the 14^th day of December foregoing, as also on Thursday the 26^th day of this instant January last past.)

A new meeting was appointed for the Committees upon the Bill Intituled. An Act for reformation of certain abuses touching Wine-Casks, (who were appointed on Thursday the 19^th day of this instant January foregoing) and the time and place appointed to Morrow Morning in the little Chamber near the Parliament presence.

On Tuesday the 31^th day of January, the Committees in the Bill concerning Lessees and Patentees (who had been appointed on Wednesday the 25^th day of this instant January foregoing) were this day appointed to meet to Morrow the first day of February following in the Afternoon in the little Chamber near the Parliament presence, and the Judges there required to attend.

The Bill for retailing Broakers and other Pawntakers was read secundâ vice, and was referr'd to the Committees formerly appointed for that Bill (on Saturday the 14^th day of this instant January foregoing) with Addition of some Lords, who met presently about the same, and returned the Bill with some Amendments; which being presently twice read, the Bill was commanded to be ingrossed.

The Bill for reformation of certain abuses touching Wine-Casks was returned by the Earl of Nottingham, the second of the Committees, with some Amendments; which were presently twice read, and the Bill commanded to be ingrossed.

Three Bills of no great moment had each of them one reading; of which the last being the Bill concerning Garret de Malynes and John Hunger Merchant Strangers was read primâ vice.

The Bill for establishing a Jointure to Anne Lady Wentworth was returned unto the House with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and the Bill commanded to be ingrossed.

A Motion was made from the House of Commons by Sir John Fortescue and others, that some new time might be appointed for Conference about the Bill Intituled An Act to reform sundry abuses committed by Souldiers, &c. in regard they had appointed some other meeting this Afternoon for preparing of a Bill of Accomptants in readiness to proceed, their Lordships having considered of the Motion, made Answer by the Lord Keeper, That they wished (for some good consideration) that the appointed time, viz. this Afternoon might hold for this Conference, supposing that if it pleased the Committees of the House of Commons to come somewhat the sooner this Afternoon for this purpose, they might well enough perform both the one and the other. Vide diem praecedentem.

Two Bills lastly had each of them one reading; of which the first being the Bill for enabling of Edmund Mollineux Esq to sell Lands for payment of his Debts and Legacies, was read tertiâ vice, and sent down to the House of Commons by Serjeant Drew and D^r Carew. Vide concerning this matter on Tuesday the 13^th day, and on Saturday the 17^th day of December foregoing; as also on Thursday the 20^th day, and on Monday the 30^th day of this instant January last past.

On Wednesday the first day of February, the Bill Intituled An Act for the reviving, continuance, Explanation, perfecting and repealing of divers Statutes was returned to the House by the Lord Chief Justice with some Amendments, which were presently twice read, and thereupon commandment given to be prepared ready in written Paper for a third reading. It was agreed that a Conference should be had with some of the House of Commons about this Bill upon Friday Morning next.

The Bill for establishing of the Lands given by John Bedford's Will was read secundâ vice, and committed; which said Committees were appointed to meet presently in the little Chamber near the Parliament presence, who returning with some Amendments and a Proviso thought meet to be added to the said Bill, the said Amendments and Proviso were forthwith twice read, and the Bill thereupon commanded to be engrossed.

Two Bills had each of them one reading; of which the second being the Bill for Confirmation of the Jointure of the Lady Varney Wife of Sir Edmund Varney, was returned to the House by the Earl of Shrewsbury, the second of the Committees, with some Amendments, which were presently twice read, and thereupon commanded to be engrossed.

The Bill lastly concerning Garret de Malynes and John Hunger, Merchants Strangers, was read secundâ vice; and the parties on both sides are to be heard openly in the House by their Councel Learned on Friday Morning next.

On Friday the third day of February, to which day the Parliament had been last continued on Wednesday foregoing, Three Bills had each of them one reading; of which the first being the Bill for the establishing the Lands given by John Bedford's Will &c. was read tertiâ vice, and sent to the House of Commons by Serjeant Drew and Doctor Stanhop, for their consideration p. 545of the Amendments and a Proviso added.

The Amendments and a Proviso in the Bill for recovering of three hundred thousand Acres more or less of Waste Marish and Watery grounds, &c. were this day twice read, and thereupon Commandment given that the said Amendments should be written in Paper, and the Proviso ingrossed in Parchment, ready for a third reading.

Four Bills were brought up to the Lords from the House of Commons; of which the first was the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham the younger.

The Bill against deceitful stretching and tentering of Northern Cloths was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added; which Amendments and Proviso were twice read, and Commandment given that the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading.

The Councel Learned as well on the part of Garrett de Malynes, as of John Hunger, &c. was openly this day heard in the House. I ide concerning this Bill in fine diei praecedentis.

Report was made by the Lord Treasurer, what the substance of the Conference was between their Lordships and certain select Members of the House of Commons concerning the Bill for reviving, continuing and repealing of divers Statutes: And the same was referred to the Lord Chief Justice and others for their further consideration.

On Saturday the 4^th day of February the Bill concerning Broakers and Pawn-takers, the Bill against the deceitful tentering of Northern Cloths, and the Bill for reviving, continuance and perfecting of divers Statutes were each of them read tertiâ vice, and passed the House, and were sent down to the House of Commons (of which the two latter were returned) for their consideration of certain Amendments and Provisoes added by their Lordships.

Two Bills had each of them one reading; of which the second being the Bill for Confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln in the thirty ninth year of her Reign for the taking the acknowledgment of Statutes Merchants, was upon the second reading committed unto the Earl of Shrewsbury, the Earl of Rutland, the Bishop of Bath and Wells, the Bishop of Chester, the Lord Zouch, the Lord Windsor, the Lord Wharton, the Lord Rich; and M^r Justice Clinch to attend their Lordships.

The Bill concerning Garret de Malynes and John Hunger, Merchants Strangers, was read tertiâ vice. Vide concerning this matter on Wednesday the first day and on Friday the third day of this Instant February foregoing.

The Proviso added in the House of Commons concerning the Joynture of Christian Lady Sands was this day twice read.

The Proviso thought meet by the Committees in the Bill concerning the draining and recovery from the Water of certain overflowen grounds in the County of Norfolk, was twice read and Ordered to be ingrossed.

A Motion was made by the Lord Buckhurst, that the County of Sussex might be added to the general Bill of surrounded Grounds.

The like motion was made by the Lord North and others for the Counties of Somerset and Essex: whereunto the House assented. And the said three Counties were accordingly added to the rest.

On Monday the 6^th day of February, the Bill for the confirmation of Letters Patents granted by the Queens Majesty to the Mayor, &c. of the City of Lincoln, &c. was returned to the House by the Earl of Shrewsbury, the first of the Committees, with some Amendments, and a Proviso thought meet to be added.

The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns was returned to the House by the Lord Archbishop of Canterbury, the first of the Committees, with a Proviso thought necessary to be added.

Excuse was made by the Earl Marshal for the absence of the Earl of Sussex, in regard of his unhealthiness. The like excuse was made by the Bishop of Rochester for the Bishop of Coventry and Litchfield.

Four Bills were brought up to the Lords from the House of Commons; of which the first was for the more speedy payment of the Queens Majesties debts, &c. and the second against the Excess of Apparel.

The Bill for the explanation of an Act for the necessary relief of Souldiers and Mariners, &c. The Bill for the recovering of three hundred thousand Acres of Marsh-grounds more or less, with one other of no great moment, were each of them read tertiâ vice and passed the House, and were sent down to the House of Commons by D^r Carew and D^r Stanhop.

Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in secundam horam postmeridian. At which time the Amendments and Proviso added by the Committees to the Bill for Confirmation of Letters Patents granted to the Mayor, &c. of the City of Lincoln, &c. were twice read.

The Proviso also added by the House of Commons to the Bill for Confirmation of the Joynture of Christian Lady Sandes, was read the third time, and thereupon the Bill was expedited.

Three Bills also had each of them one reading; of which the first being the Bill for the more speedy paying of the Queens Majesties debts, and for the better explanation of the Act made Anno 13^o of the Queen, intituled An Act to make the Lands, Tenements, Goods and Chattels of Tellors, Receivors, &c. liable to the payment p. 546of their Debts, was read secundâ vice.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in diem crastinum horâ nonâ.

On Tuesday the 7^th day of February, Three Bills had each of them one reading; of which the last being the Bill against the Excess of Apparel, was upon the second reading committed unto the Earl Marshal, the Lord Admiral, the Earl of Northumberland and others.

Three Bills were brought up to the Lords from the House of Commons by Sir William Knolles, Sir John Forteseue and others; of which the second being the Bill against decaying of Towns and Houses of Husbandry was sent back with some Amendments, which were presently twice read.

The Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns, notwithstanding any default of payment of their Rent during the time that the Reversion or Inheritance remained in the Crown, was returned with some Amendments by the Lord Chief Justice, with a Proviso thought meet to be added. Which Proviso and Amendments were once read.

A Message was sent to the House of Commons from their Lordships by M^r Serjeant Drew and M^r Doctor Carew for a Conference concerning the Bill against excess of Apparel, with a competent number of the said House, and the time and place was desired to be this Afternoon by two of the Clock in the great Chamber of the Upper House of Parliament.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in horam secundam postmeridianam.

At which time the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read secundâ vice.

The Amendments and Provisoes thought meet to be added to the Bill concerning Patentees were read the second time, and thereupon commandment was given, that the said Proviso should be ingrossed in Parchment, and the Amendments written in Paper ready for the third reading.

The Bill for Amendments of High-ways in the Counties of Sussex, Surrey and Kent was read secundâ vice.

The Bill for reviving, continuance, Explanation and perfecting of divers Statutes was returned with their allowance of the Amendments and Proviso added by their Lordships.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in diem crastinum.

On Wednesday the 8^th day of February, the Amendments in the Bill against decaying of Towns and Houses of Husbandry were read the third time as they were ingrossed in the Bill; And thereupon the same Bill with the Amendments were expedited.

The Bill also for Amendments of High-ways in the Counties of Sussex, Surrey and Kent, was read tertiâ vice and expedited.

The Bill that Lessees may enjoy their Leases against all Patentees, &c. notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown, was returned to the House of Commons by Doctor Carew and Doctor Stanhop for their considerations of the said Amendments and Provisoes.

No continuance of the Parliament is Entred in the Original Book of the Upper House, which seemeth to have happened by the Error of Thomas Smith Esquire, at this time Clerk of the same.

On Thursday the 9^th day of February, Seven Bills were brought up to the Lords from the House of Commons; of which the first being the Bill for the further continuance and Explanation of an Act made in the thirty fifth year of the Queens Majesties Reign that now is, was returned with the allowance of the Amendments expedited.

And the second Bill for establishing a Jointure to Anne Lady Wentworth, now Wife of William Pope Esquire, and for the better enabling of the said William Pope to sell certain of his Lands for the payment of his Debts, was returned with some Amendments, which were presently thrice read, and the Bill was thereupon expedited, and five others of no great moment.

Dominus Custos magni Sigilli continuavit praesens Parliamentum us que in horam tertiam postmeridianam.

Her Majesty somewhat after the said hour of three this Afternoon came unto the Upper House, and being there sat with divers Lords Spiritual and Temporal, the Knights, Citizens and Burgesses of the House of Commons, with Christopher Yelverton Serjeant at Law their Speaker, having waited a good while at the said Upper House Door, were at length admitted into the said Upper House, viz. as many of them as could conveniently get in; And the said Speaker having made his three Reverences unto her Majesty spake in effect as followeth.

First he shewed the happiness of a Common-Wealth governed by Laws, by which Subjects are held in due obedience; which her Majesty observing, had now called a Parliament for the preservation of some Laws, amending of others, cutting off of unnecessary Statutes, and the making of new, never before Enacted; And that her Majesties Subjects in this Parliament, considering the strength of the Realm to consist in the strength of the Prince and Subjects, and their strength to stand first in the hands of God, and next in Provision of Treasure; And therefore (said he) your Majesties most humble, dutiful and obedient Subjects have by me their Mouth and Speaker presented here a free gift of their free and loving hearts (And so with that he kneeled down and delivered the Bill of Subsidy, which the Clerk of the Crown received, and laid it on a little Table standing before the p. 547Speaker, betwixt two great Wax-Candles on a plain Green Carpet) the which I hope and think was granted without a thought of No, sure I am without the word of a No.

The second part shewed a Commandment imposed on him by the House of Commons which was touching Monopolies or Patents of priviledge, the which was a set and penned Speech made at a Committee. The third shewed a thankfulness of the House of Commons for the Pardon. The fourth and last contained the said Speaker's own Petition, that if any fault had been committed in the House, they might not be now again revived; And if either he had spoken too much or not so much as in duty he ought to have done, he besought her Majesties Pardon; And that as it had pleased her Majesty to grant Pardon to all her Loving Subjects, so that she would not exempt him alone, &c.

After which Speech ended the Queen called Sir Thomas Egerton Lord Keeper, to whom (kneeling down before her) she spake in private. And so after he went unto a place like a Desk, made even with the Cloth of Estate on the right side, and there made Answer to the Speakers Speech, which in effect was thus much.

OUR Most Dread Soveraign her Excellent Majesty hath given me in Charge to say unto you and the rest of her Loving Subjects, that she doth thankfully accept of their free gift of Subsidy granted by the Commons, which she would not have required, had not the puissance of the Enemy constrained her thereunto. Secondly touching the Monopolies, her Majesty hoped that her dutiful and loving Subjects would not take away her Prerogative, which is the chiefest Flower in her Garden, and the principal and head Pearl in her Crown and Diadem; but that they will rather leave that to her disposition. And as her Majesty hath proceeded to tryal of them already, so she promiseth to continue that they shall all be examined to abide the tryal and true Touchstone of the Law. Thirdly, touching her Pardon, her Majesties Pleasure is that I shew unto you, that you do not so willingly accept it, as she giveth it, &c.

Fourthly for your Pardon (M^r Speaker) her Majesty saith, that you have so learnedly, and so eloquently defended your self now, and painfully behaved your self heretofore, as that your labour deserveth double her thanks: But in your Petition I must also join with you in beseeching her most Excellent Majesty, that if any thing through want of Experience, or through mine imperfections and ignorance have over-slipped me, it may be pardoned and remitted. And so the Lord Keeper ended his Speech.

Nota, That the several and interlocutory Speeches of the Speaker and of Sir Thomas Egerton Lord Keeper, &c. immediately foregoing, with the coming of the said Speaker and the rest of the House of Commons into the Upper House. are not found in the Original Journal Book of the same House, but are here inserted out of a certain fragmentary Journal of the House of Commons.

After the before-recited Speeches were ended as abovesaid, then were the Titles of all the Acts read in their due Order.

After the passing the Acts, followed the Dissolution of the Parliament in these words, viz.

Dominus Custos magni Sigilli ex mandato Dominae Reginae tune … it praesens Parliamentum.

Nota, That although after these words ex mandato Dominae sometime the word praesentis doth follow at the end of divers of these Journals during the Queens Reign, where the Dissolution of the Parliament is usually entred; yet elsewhere the said word praesentis is divers times omitted, as well as in this place, as being in it self superfluous, in respect that the aforesaid words Ex mandato Dominae Reginae, &c. do necessarily imply the Royal Presence; for otherwise in her absence there could be no such Dissolution by her Highness Command only, without an express Commission or Letters Patents under the great Seal to that purpose: and howsoever the said words be here omitted, yet it is most certain, that her Majesty was both personally present at that time in the Upper House, and gave her Royal Assent also to such Laws as passed, as doth appear most plainly by that fragmentary Journal of the House of Commons taken by a Member of the same at this Parliament, as is before more particularly mentioned at the end of the Lord Keepers Speech delivered this very Afternoon in Answer to the Commons Speaker or Prolocutor.

Nota also, that whereas in the last Parliament in an. 35 Regin, Eliz. Anno Domini 1592. the Knights, Citizens and Burgesses of the House of Commons had, not without long and great debate both with the Lords of the Upper House, and by themselves, at length yielded unto the grant of three intire Subsidies and six Fifteenths and Tenths, and had then also given with that Caution, that it might not hereafter be drawn into a Precedent for future times: yet now at this present Parliament de an. 39, & 40 Regin. Eliz. A. D. 1597. the same proportion. and in the Parliament ensuing, which was held in an. 43 Regin. ejusdem Anno Dom. 1601. (which was the last Parliament of her Majesties Reign) a greater, viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto: whence it is plain, that whatsoever is once granted by the Subject may often be raised, but seldom falleth.