Pages 251-265
The Journals of All the Parliaments During the Reign of Queen Elizabeth. Originally published by Irish University Press, Shannon, Ire, 1682.
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March 1576
On Thursday the first day of March, Seven Bills of no great moment had each of them one reading; of which one being the Bill for the true making of Woollen-Cloths, another for Kentish and Sussolk Cloths, and another for toleration of certain Clothiers in the Counties of Somerset, Wilts, and Gloucester, were each of them read the first time, and thereupon committed to the former Committees (who were nominated on Thursday the 16th day of February foregoing) and unto Sir Thomas Scott, Mr. Serjeant Lovelace, Mr. Savile, Mr. Peacock, Mr. Gargrave, Mr. Mickleborn, Mr. Langley, and Mr. St John, to meet this Afternoon in the Star-Chamber at two of the Clock, as also to confer touching the unlawful ingrossing of Woolls.
Two Bills also had each of them their first reading; of which the second was the Bill against common Promoters.
Sir Richard Read and Mr. Doctor Vaughan brought from the Lords the Bill for the payment of Tythes within the Parish of Hallifax, and the other to take away the benefit of Clergy from Offenders in Rape and Burglary.
Martin Cole one of the Burgesses for Sudbury in the County of Suffolk, was this day Licensed by Mr. Speaker for his great business to be absent for four days.
The Bill lastly for setting the Poor on work and for avoiding of idleness, was read the third time and passed the House.
On Friday the second day of March, Six Bills of no great moment had each of them one reading; of which the second being the Bill for assurance of certain Lands to Sir John Rivers Kt, was read the second time, but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been formerly sent from the Lords.
The Bill against wearing of unlawful Weapons was twice read, and committed thereupon unto Mr. Comptroller, Sir Henry Radcliffe, Sir Thomas Scott, Sir Henry Knivett, Sir Henry Gates, and others to be considered of presently.
Two Bills also had each of them one reading; of which the second being the Bill against the buying and selling of rooms and places in Colledges, Schools, &c. was read the first time.
Mr. Treasurer, one of the Committees for the Petition touching reformation of the Discipline of the Church, reported that he and the residue of the Committees have met and agreed upon a Bill to be made for that purpose, which Bill was then offered and received in the said House, and then read accordingly. Vide concerning this matter on Friday the 9th day of this instant March ensuing.
The two Bills, viz. for maintenance of Colledges, and against buying and felling of rooms and places in Schools were appointed to be considered of presently by Mr. Chancellor of the Exchequer, Mr. Secretary Smith, Mr. Wilson Master of the Requests, Mr. Heneage, Mr. Fortescue, and others.
The Bill touching Grants made by the Dean and Chapter of Norwich, was read the second time and committed unto Mr. Chancellor of the Exchequer, Mr. Secretary Smith, Mr. Captain of the Guards, and others who were appointed to meet to Morrow at three of the Clock in the Afternoon in the Exchequer Chamber.
Mr. Doctor Lewes and Mr. Dr. Berkley did bring from the Lords the Bill for the Subsidy of the Clergy.
The Bill for setting the Poor on work and for avoiding of Idleness with two others of no great moment were sent up to the Lords by Mr. Treasurer and others.
Two Bills of no great moment had each of them one reading; of which the second being the Bill for toleration of certain Clothiers within the Counties of Wiltshire, Somerset and Gloucester, were each of them read the second time and Ordered to be ingrossed.
Mr. Doctor Vaughan and Mr. Dr. Berkley did bring from the Lords the Bill for Confirmation of an Hospital in Leicester.
Two Bills lastly, had each of them one reading; of which the first being the Bill for the true making of Woollen-Cloths, was read the second time and Ordered to be ingrossed.
On Saturday the third day of March, Four Bills of no great moment had each of them one reading; of which the second being the Bill for the Tythes of Hallisax, was read the second time, but no mention is made whether it was ingrossed or referred to Committees, because it had been sent from the Lords on Thursday the first day of this instant March foregoing.
The Bill touching the Children of Strangers Parents born in this Realm, was read the second time and committed unto Mr. Treasurer, Mr. Recorder of London, Mr. Norton, Mr. Cowper, Mr. Cromwell, Mr. Snagg, Mr. Alford and Mr. Dalton. Mr. Sollicitor and Mr. Serjeant Barham, brought word from the Lords that on Monday next at Eight of the Clock in the Morning the Lords have appointed to have Conference with the Committees of this House touching the Bills for Confirmation of Letters Patents, and the Bill touching the Lands of the late Rebels in the North parts: Whereupon it was Ordered that the former Committee for the said Bill of Confirmation of Letters Patents, have added unto them Mr. Norton, Mr. Topclisse, and Sir George Bowes.
Two Bills lastly had each of them one reading; of which the first being the Bill for reformation of Errors in Fines and common Recoveries within the County Palatine of Chester, was read the third time and passed the House.
Post Meridiem.
In the Afternoon seven Bills of no great moment had each of them one reading; of which the last being the Bill for the Assize of Wood within the City of London, was read the second time and committed unto Mr. Treasurer, Mr Lieutenant of the Tower, Sir Rowland Hayward, and others, to confer to Morrow at three of the Clock in the Afternoon at Mr. Treasurers Chamber.
The Bill for the Hospital in the Town of Leicester was read the first, second and third time, and passed the House. Quod nota.
The Bill finally for two Justices to be had in Wales, and the County Palatine of Chester, was read the second time, but no mention is made either that it was referred to Committees, or Ordered to be ingrossed, because it had been sent from the Lords.
On Monday the 5th day of March, the Bill for the paving of the City of Chichester was twice read and Ordered to be ingrossed.
Seven Bills of no great moment had each of them one reading; of which the third being the Bill for mending the High-ways and Bridges near Oxford, was read the second time and Ordered to be ingrossed.
The Bill for Rochester-Bridge, and the Bill for Trial of nisi prins in the County of Middlesex, and the Bill for reformation of Errors in Fines and common Recoveries in the County Palatine of Chester, with four others of no great moment were sent up to the Lords by Mr. Comptroller and others.
Three Bills also of no great moment had each of them one reading; of which the third being the Bill for the Artificers, Foreign and Denizens, was read the first time, and committed unto the Masters of the Requests, Mr. Lieutenant of the Tower, Mr. Treasurer of the Chamber, and others, to meet at Guild-hall to Morrow in the Afternoon at three of the Clock.
The Bill touching Inholders, common Cooks and Wine-Sellers, &c. was read the second time and Ordered to be ingrossed.
Mr Doctor Yale and Mr Doctor Berkley did bring from the Lords the Bill touching Presentations by Lapse with some Amendments, which Bill was before sent unto them from this House.
The Bill for toleration of certain Clothiers in the Counties of Wilts, Somerset and Gloucester, was sent up unto the Lords by Mr. Comptroller and others.
Two Bills also of no great moment had each of them one reading; of which the second being the Bill against Inholders, &c. was committed unto the former Committees, and unto Mr Stanhope, Mr Edgcomb, Mr Dalton, Mr Alford, Mr Scone, and Mr St John, who were appointed to meet here this Afternoon in the Committee Chamber of this House.
Two Bills of no great moment had each of them their second reading; of which the first being the Bill touching Goldsmiths, &c. was Ordered to be ingrossed.
Post Meridiem.
In the Afternoon the Bill against the wearing and using of unlawful Weapons was twice read.
The new Bill of Jeofailes was twice read, and Ordered to be ingrossed.
The Bill for Trials by Juries was read the second time, and committed unto Mr Lieutenant of the Tower, Sir Henry Knivet, Sir George Penrudock, Mr Sampoole, Mr Brown, and others, who were appointed to meet to Morrow at seven of the Clock in the Morning in the Committee Chamber of this House.
Four Bills lastly had each of them one reading; of which the last being the Bill against taking and killing of Partridges and Pheasants was read the second time and Ordered to be ingrossed.
On Tuesday the 6th day of March, four Bills of no great moment had each of them one reading; of which the last being the Bill touching the Tanning and Currying of Leather was read the third time and passed the House, and was sent up to the Lords by Mr Treasurer and others.
The Bill against the Inning of Salt-Marshes was twice read, and committed unto Mr Treasurer, Mr Comptroller, Mr Andrews, Sir William Winter, Sir Valentine Brown, Sir George Penrudock and others, to be considered of presently.
Three Bills also of no great moment had each of them their third reading and passed the House; of which the second being the Bill for reformation of Jeofailes, and the third against the abuses of Goldsmiths, were sent up to the Lords with the Bill for Chepstow, by Mr Comptroller and others.
The Bill for Trial by Juries was Ordered to be ingrossed.
On Wednesday the 7th day of March, Two Bills of no great moment had each of them one reading; of which the first being the Bill for the paving of the City of Chichester was read the third time, and passed the House.
The Bill for the maintenance of the Colledges in the Universities, and of Eaton and Winchester, was twice read and Ordered to be ingrossed.
The Bill for Butlerage and prisage of Wines was read the first time.
The Bill for collateral Warranties was twice read and committed unto the Master of the Wardrobe, Sir Henry Knivet, Mr. Serjeant Jeffries, Mr. Colby, Mr. French, Mr. Snagg, Mr. Lewkcnor, and others, to confer this Afternoon.
Peremptory day was given for the Councel of the Lady Waynman and her adverse party, to be here at this House to Morrow next at eight of the Clock in the Forenoon.
All the Privy-Council being of this House, Mr. Captain of the Guard, the Masters of the Requests, Sir Nicholas Arnold, Mr. Sampoole, and Mr. Cromwell, were appointed to meet this Afternoon at one of the Clock in the Chequer Chamber; but it doth not appear about what business these foresaid Members of the House of Commons were appointed to meet.
All the Privy-Council being of this House, Mr. Captain of the Guard, Mr. Serjeant Lovelace and Mr. Serjeant Jeffryes were added to the former Committees for Fines and Recoveries.
Mr. Pursell, Mr. Glascoe, Mr. Hanmer, Mr. Townesend, Mr. Davies, Mr. Bostock, Mr. Price, Mr. Aylmer, and Mr. Broughton, were appointed to have Conference with the Lords this Afternoon touching the Bills for reformation of Errors in Fines and common Recoveries in the County Palatine of Chester and in Wales, and also touching some general Bill for that purpose to be devised.
Mr. Treasurer, Sir Nicholas Arnold, Mr. Cromwell, Mr. Sandes, and Mr. Sampoole, were appointed to confer presently with the Lords touching the Bill of Rogues.
The Bill for the having of two Justices in the Shires of Wales, was read the third time and passed the House.
Mr. Doctor Yale and Mr. Doctor Barkley brought from the Lords a Bill for the restitution in Blood of the Heirs of the Lord Stourton.
The Bill for reformation of Letters Patents was read the third time with some Amendments.
The Bill to take away the benefit of Clergy from such as commit Rapes and Burglaries, and touching the purgation of Clerks Convict was thrice read, and committed unto Sir Henry Knivett, Mr Serjeant Lovelace, Mr Serjeant Jeffries, Mr Sampoole, Mr Windham, Mr Atkins, Mr Dannet, Mr Diggs, and others.
Mr Doctor Yale and Mr Powle did bring from the Lords a Bill touching certain Authority given to the Justices of the Queens Majesties Forests, Chaces, and Parks, with commendation for expedition.
Mr Serjeant Barham and Mr Doctor Vanghan did bring word from the Lords, that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber.
The Bill against the abuse of Goldsmiths, the Bill for Confirmation of Letters Patents, the Bill touching fraudulent Conveyances by the late Rebels in the North, and the Bill for paving of the City of Chichester, with one other of no great moment were sent up to the Lords by Mr Comptroller and others.
Post Meridiem.
In the Afternoon an Abstract of a Devise for setting the Poor on work by the sowing and using of Rape-seed, Hemp-seed, and Flax-seed, was read to this House.
Two Bills of no great moment had each of them their third reading, and passed the House; of which the first was the Bill for repairing of High-ways and Bridges near Oxford.
Upon the question it was Ordered that Mr Hall be sequestred the House while the matter touching the supposed contempt done to this House be argued and debated.
Edward Smalley upon the question was adjudged guilty of contempt, and abusing of this House by fraudulent practice of procuring himself to be Arrested upon the Execution of his own assent and intention, to be discharged as well of his Imprisonment as of the said Execution.
Matthew Kirtleton School-Master to Mr Hall was likewise upon another question adjudged guilty by this House of like contempt and abusing of this House, in Confederacy and practice with the said Smalley in the intentions aforesaid.
Upon another question it was adjudged by the House, that the said Smalley be for his misdemeanor and contempt committed to the Prison of the Tower.
Upon the like question it was also adjudged by this House, that the said Kirtleton SchoolMaster, be also for his said lewd demeanor and contempt in abusing of this House committed to the Prison of the Tower.
Upon another question it was also resolved that the Serjeant of this House be commanded to bring the said Edward Smalley and the said Matthew Kirtleton School-Master to Mr Hall into the House to Morrow next in the Forenoon to hear and receive their said Judgments accordingly.
And further that the matter wherein the said Arthur Hall Esq; is supposed to be touched either in the privity of the said matter of arrest, or in the abusing of the Committees of this House, shall be deferred to be further dealt in till to Morrow. Vide concerning this matter on Saturday the 10th day of this instant March ensuing.
On Thursday the 8th day of March, Five Bills of no great moment had each of them one reading; of which the last being the Bill for maintenance of the Colledges in the Universities, and of Eaton and Winchester, was read the third time and passed with two Provisoes added.
Mr Serjeant Lovelace, Mr Yelverton, Mr Boyer, Mr Layton, and Mr Robert Bowes, were sent to the Lords to confer presently touching the amendments in the Bill of fraudulent Conveyances made by the late Rebels in the North.
Two Bills also had each of them one reading; of which the first being the Bill against buying and selling of rooms and places in Colledges and Schools, and the second for maintenance of Colledges in the Universities, and of Eaton and Winchester, had each of them their third reading and passed the House, and were sent up to the Lords with two others by Secretary Smith and others.
The new Bill for High-ways was read the first time and committed to certain of the House to be presently amended.
The Bill for certain Authority to be given to the Justices of the Queens Majesties Forests, Chaces, Parks and Warrens, was read the first time. Vide de ista materia in fine bujus diei.
Mr Doctor Barkley and Mr Powle did bring from the Lords a Bill entitled an Act for the Lord Viscount Hayward of Bindon, and Henry Hayward Esquire, and Francis his Wife, with commendation for expedition.
Two Bills had each of them one reading; of which the first being the Bill against abuses of Licence for transportation of prohibited Wares was read the first time.
Mr Doctor Vaughan and Mr Doctor Yale brought from the Lords the Bill for setting the Poor on work and for avoiding of Idleness, with certain amendments and a Proviso.
Mr Treasurer, one of the Committees in the Lady Wainman's Cause, reported that both the Parties have submitted themselves to the Arbitrement of the Lord Treasurer, the Lord Chamberlain, the Earl of Leicester, Mr Treasurer, Mr Comptroller, Mr Chancellor of the Dutchy, and Mr Captain of the Guard, or the most part of thems to be made within one Year next after the Session of this present Session of Parliament, for the performance and accomplishment of the same Arbitrement.
A Proviso with some Amendments was offered to the Bill for reformation of Inholders, common Cooks and Tavern Keepers and being twice read after the Question was upon the Division of the House, by the advantage of the number of forty persons, Ordered to be ingrossed and added to the Bill, and then afterwards upon another Question and like Division of the House, the Bill with the Proviso was dashed with the difference of twenty eight persons.
Post Meridiem.
In the Afternoon the Master of the Rolls, and Mr Serjeant Barham did bring from the Lords a Bill for the appointing of Wharfs and Keys for the unlading and discharging of Merchandizes and withal a Message from them that some of this House may be appointed to have Conference with some such of their Lordships as shall be thought meet touching such private Bills in both Houses, as upon their Conference together shall be thought fittest to be Examined: whereupon it was Ordered that twelve of this House shall be appointed for that purpose, viz. Mr Treasurer, Mr Captain of the Guard, Mr Wilson Master of the Requests, Sir Henry Ratclisse, Sir Rowland Hayward, Sir Thomas Scott, Sir John Thynne, Sir Henry Wallope, Sir George Penrudock, Mr Popham, Mr Sampoole, and Mr Yelverton.
The Bill concerning Authority given to the Justices of the Queens Majesties Forests, Chaces and Parks, was read the second time and committed this day afterwards.
The two Bills for Denizens, and the Bill for Presentations by Lapse being amended, were sent up to the Lords by Mr Treasurer and others.
Mr Serjeant Barham and Mr Doctor Vaughan brought word from the Lords, that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber.
Mr Comptroller Mr Chancellor of the Exchequer, Mr Captain of the Guard, Sir Henry Gates, Sir Henry Ratcliffe, Sir Thomas Barrington, Sir Nicolas Arnold, Sir Henry Knivett, Mr Recorder of London, Mr Sampoole, Mr Stanhoppe, Mr Crooke, Mr Snagg, Mr John Vaughan, Mr Serjeant Jeffries, Mr Serjeant Lovelace, Mr Edward Horsay, Mr Robert Wroth, Mr Colby, Mr Topclysse, Mr Bowyèr, Mr John St John, Mr Dawney, Mr Robert Colshill, Mr Digbie, and Mr Birkhed, were appointed in Committee for the Bill concerning certain Authority given to the Justices of the Queens Majesties Forests, Chaces, Parks and Warrens.
Nota, That this Bill having been sent down from the Lords to the House of Commons on Wednesday the 7th day of this instant March foregoing, should without all question never have been referd to Committees upon the second reading this instant Thursday, except the said House of Commons had taken such just exceptions at the same, as they afterwards made known to a Committee of the Lords, and by reason of which finally the same was stopped from further passing. The further carriage and proceeding of which business, being wholly omitted in the Original Journal-Book of the House of Commons through the great negligence of Fulk Onslow Esq; at this time Clerk of the same, I have thought good to supply it out of a written Memorial or Copy thereof I had by me; because it may appear upon what just grounds and solid reasons the Members of the said House did refuse to pass the said Bill: and although it doth not certainly appear whether the said Proceedings in the said Bill between the Committees of either House were this day or no, yet I have referred it thereunto as the most probable and likely time, in respect that there is no further mention made of this Bill or business in either of the Original Journal-Books of the Upper House or House of Commons, upon any ensuing day during this present Session of Parliament. These things being thus premised the foresaid Memorial or written Discourse of this business doth now ensue to be inserted.
The Committees before-named, having upon deliberate consideration of the parts, and of the scope of the said Bill (touching Authority to be given to the Justices of the Queens Majesties Forests, &c. found the same not convenient to proceed, did nevertheless out of their respect unto the Lords from whom the Bill had been sent down, desire first to satisfie them before they utterly refused and dashed the said Bill; and did thereupon send unto their Lordships (who as it appeareth by the Original Journal-Book of the Upper House did this Afternoon sit) to offer them Conference, which they accordingly accepted: and thereupon there did assemble in a place appointed as Commissioners (or rather as Committees) for the Lords the Earl of Sussex, the Earl of Rutland, the Earl of Leicester, the Lord Grey of Wilton, and the Lord Hunsdon, having for their assistance standing by, the two Chief Justices and the Queens Attorney General; upon these the foresaid Committees of the House of Commons by Order of the same House gave their attendance, and by Sir Walter Mildmay Kt, Chancellor of the Exchequer, the second of the said Committees, in the name and by consent of the rest, said to the Lords in effect as followeth, viz.
That whereas a Bill touching the enlargement of the Justices of Forest-Authority had passed from their Lordships, and was sent to the House of Commons, the same had received there two readings, and upon the second reading was greatly impugned by many Arguments made against it; nevertheless the respect they had to their Lordships moved them to stay any further proceeding therein to the hazard of the Bill, until by some Conference with their Lordships the House in such things as were objected, might be satisfied. To that end he said, the House of Commons had sent them to attend upon their Lordships, and so entring into the matter said, That of many things spoken to the hindrance of the Bill they would trouble their Lordships but with some few, such as they had noted to have been of most value; by which he said their Lordships should find that the House of Commons did take the Bill to be unnecessary chargeable, dangerous, obscure.
For the first, that whereas in the preamble of the Bill it was pretended that one principal cause of this Act was, that the Justices of the Forests having no Authority to sit but within the several Forests, which to execute in their own persons could not be done through the distances of the Countries, and through the great charges that would follow in expences, if men of their calling should be driven to travel once every third year to keep their sittings in so many several places, by means whereof the Justice Seats were greatly delayed, and seldom holden, whereby the Offenders either by general Pardons comeing between, or by the Death of the Parties did escape unpunished: to that he said all these defects were sufficiently holpen by Laws, heretofore provided. In the time of King Henry the Eighth, it was Enacted, that both the Justices of the Forests on this side Trent, and the Justices of the Forests beyond Trent, might make in every Forest a Deputy, that should have in all things like Authority to themselves; and therefore seeing they had, and usually had made Deputies men of less degree than they are, and most commonly inhabiting the Countries where the Forests do lie, there was no necessity that the Justices in their own Persons should ride, but those his Substitutes might very well perform the service with a small charge: and so there appeared no cause for that respect to make this Law, for it might be supplied otherwise sufficiently.
For the second, he said that whereas by this new Law, the Justice should have power to open the Swainmote Books at his pleasure, and to convent before him the Offenders at such time and place as he thought good, the same must needs prove a very chargeable matter to the Subjects; for men being compellable only to appear and answer in the County where the Forest lyeth, and where for the most part they abide, and there to receive their Trial: if now they shall be driven to appear and answer in any place, and at any time where and when the Justices shall appoint them, it may easily be seen how far greater charge this will breed to the Subject both in travel, expence, and loss of time, than heretofore hath been used; chargeable besides it would be to such as should happen to be impannelled upon Juries for trial of offences, if they should be driven to come out of the Forests, to appear before the Justice in any place which he shall assign, contrary to the antient Laws heretofore Ordained for such causes.
For the third, he said that if the Justice sending for the Swainmote Books, and opening them should proceed to the punishment of the Offenders according to such Presentments as he should find there, that might prove very dangerous to the Subject, and especially to such as dwell within or near any Forests; for those Presentments being made by the Oath of the Keepers, do as often proceed upon suspition and upon malice, as upon any good or sufficient ground; and then if they be so peremptory to the Offenders, as some men think they are, or if the tryal be not very indifferent which taken out of the Country may be doubted, it is easily seen how perilous that will be to the Subject: for either the party shall be forced to submit himself to the discretion of the Justice, or else abide such Tryal as he shall not be able to endure.
Besides, whereas the Queen most graciously doth use to grant often-times general Pardons by Act of Parliament, whereby the Subjects of the Land are discharged of far greater offences than these; such as might happen to offend this way, or to be brought in Question for the same, should never be partakers of that grace, which all other Subjects do enjoy, but by yearly vexation be in danger of trouble and charge almost without hope to be released, although the offences be (as often-times they are) very small and slenderly proved: whereas now the Justice cannot by the Law keep his Seat, but once in three years; and if a Pardon come in the mean time all those offences are discharged.
Touching the last and fourth point, he said in making of Laws, one principal and special care is to be taken, that nothing pass in dark words, but that it may be clear and evidence to the understanding of the Makers, thereby to know to what they bind themselves and their Posterity; the contrary whereof was to be doubted in this Bill as it was penned, wherein Authority should be given to the Justices of the Forests to proceed in the Execution of punishment and other matters, not only according to the Laws but also according to the Customs, Usages, and Ordinances of the Forests; which latter words are very obscure, and therefore dangerous to pass in that form, for what the Laws of the Forests are, such as be established by Authority of Parliament, are evident and open to all men, and every Subject is bound to take knowledge of them, but what the Customs, Usages and Ordinances of the Forest be, and how far these words may extend is very doubtful and uncertain, the same being only known to Officers and Ministers of Forests, and are so far from the common knowledge of other men, as few or none that are Learned in the Laws of the Realm, have any understanding in them: so as if any Subject of the Land should be Impeached for an offence committed in the Forests, he shall not be able to receive advice by Councel in the Law for his reasonable defence; and therefore under those general words to bind the Subject to those things that neither they do nor may easily get knowledge of: The House of Commons do think it a matter very inconvenient, and do also think that the Forest Laws already established by Parliament, are strict enough, and being put in due Execution may suffice without any further addition to increase the burthen of them.
To these Objections the Earl of Sussex a wise man of good understanding in Forest matters, being Justice of the Forests on this side Trent, said for Answer in effect as followeth:
To the first confessing that by Authority of Parliament the Justices of the Forests might appoint their Deputies, said, nevertheless that those also could not hold their sittings without great charge, and their doings shall not be so obeyed, nor esteemed as the Acts and Proceedings of the Justices themselves; and therefore thought this Law necessary.
To the second, third and fourth, he said that there was no meaning by the Lords that past the Bill to bring upon the Subjects any of those inconveniences that were noted by the House of Commons; howsoever the Bill might be penned contrary to their intentions, and yet he thought that the words were misconceived and drawn to a harder sense than there was cause. Nevertheless he said the Lords could be well contented that the House of Commons should reform such things in the Bill, touching those points, as they should find convenient, so as the same were done with good consideration, and upon sufficient cause, whereof they doubted not.
This being the substance of the Conference, it was the next day reported by one of the Committees to the House of Commons: Whereupon the Speaker moved the said House to appoint some to amend those things which the Lords had yielded to have reformed, that so the Bill might pass: but the whole House (a very few excepted) said they would hear no more of it, and so it stayed without any further proceeding, because it appeared the House of Commons did not think their Objections sufficiently answered by the Lords.
This foregoing proceeding of the two Houses in the above-mentioned Bill, touching Authority to be given to the Justices of her Majesties Forests, &c. being transcribed out of the Copy thereof I had by me; now follows the next days Passages out of the Original Journal-Book of the House of Commons.
On Friday the 9th day of March, the Bill for restitution in Blood of the Lord Norris was twice read.
The Bill for re-edifying of the Town of Cringleford near unto the City of Norwich, was read the third time and passed the House, and was sent up to the Lords with the Bill for the Hospital in the Town of Leicester by Mr Treasurer and others.
The Bill touching Suffolk Cloths and Essex Cloths, was read the first time and committed unto Mr Secretary Smith, Mr Lieutenant of the Tower, Sir Nicholas Arnold, and others to have Conference touching the double searching of Cloths generally, now presently in the Committee-Chamber.
The Bill for Confirmation of the Subsidy of the Clergy was read the second time; but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been formerly sent from the Lords.
Mr Chancellor of the Exchequer touching the Petition for reformation of Discipline in the Church, did bring word from the Lords that their Lordships having moved the Queens Majesty touching the said Petition, her Highness answered their Lordships that her Majesty before the Parliament had a care to provide in that case of her own disposition; and at the beginning of this Session her Highness had Conference therein with some of the Bishops, and gave them in Charge to see due reformation thereof, wherein as her Majesty thinketh, they will have good confideration according unto her pleasure and express Commandment in that behalf: So did her Highness most graciously and honourably declare further, that if the said Bishops should neglect or omit their Duties therein, then her Majesty by her Supream Power and Authority over the Church of England, would speedily see such good redress therein as might satisfie the expectation of her loving Subjects to their good contentation, which Message and Report was most thankfully and joyfully received by the whole House with one accord. And immediately thereupon John Crook Esquire, one of the Knights for the County of Buckingham, took occasion in most humble and dutiful wife to make a Motion unto the House for another Petition to be moved to the Lords for perswading of her Majesty for Marriage. Vide concerning Church-Discipline on Wednesday the 29th day of February preceeding, and on Friday the second day of this instant March foregoing, and touching the Queens Marriage on Monday the 12th day of the same Month of March ensuing.
The new Bill also for the Lady Wainman was read the first time.
Post Meridiem.
In the Afternoon the Bill for the Lord Viscount Howard of Bindon was twice read.
Six other Bills of no great moment had each of them one reading; of which one being the Bill for restitution in Blood of Henry Lord Norris, another for Confirmation of the Subsidy granted by the Clergy, and a third for Preservation of Pheasants and Partridges, were each of them read the third time and passed the House.
On Saturday the 10th day of March, Two Bills had each of them their third reading, and passed the House; of which the first was for repressing of Murders and Felonies in the Counties of Northumberland and Cumberland.
Five Bills were sent up to the Lords from the House of Commons; of which one was the Bill for setting the Poor on work and for avoiding of Idleness, and another for preservation of Pheasants and Partridges.
The Bill against excess in Apparel was read the second time, and committed unto all the PrivyCouncil being of this House, Mr Captain of the Guard, Mr Treasurer of the Chamber, the Masters of Requests, and others who were appointed to meet at the Exchequer-Chamber at two of the Clock in the Afternoon.
Mr Doctor Barkley and Mr Powle did bring from the Lords a Bill for the Hospital of St Cross, with special commendation for expediting thereof, and Declaration of the assent of the Parties given in that behalf before their Lordships.
Two Bills of no great moment had each of them one reading; of which the first being the Bill for the Lady Wainman, was read the third time and passed the House.
Mr Serjeant Barham and Mr Doctor Vaughan brought from the Lords two Bills with Amendments and Provisoes, which before passed the House, viz. the Bill for repairing and amending of the Bridges and High-ways near Oxford, and the Bill for maintenance of Colledges in the Universities, and of Eaton and Winchester.
The Bill against Arthur Hall Esquire, Edward Smalley and Matthew Kirtleton his Servant, was read the first time.
Edward Smalley Servant unto Arthur Hall Esq; appearing in this House this day at the Bar, it was pronounced unto him by Mr Speaker in the name and by the appointment and order of this House, for Execution of the former Judgment of this House awarded against him, That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London, and there remain for one whole Month next ensuing from this present day; and further after the same Month expired, until such time as good and sufficient assurance shall be had and made for payment of 1001 of good and lawful money of England, to be paid unto William Hewet Administrator of the goods, Chattels, and Debts of Melchisedech Malory Gent. deceased upon the first day of the next Term, according to the former Order in that behalf by this House made and set down, and also forty Shillings for the Serjeants Fees; the notice of which assurance for the true payment of the said hundred pounds in form aforesaid, to be certified unto Mr Lieutenant of the Tower by Mr Recorder of London before any delivery or setting at liberty of the said Edmard Smalley to be in any wife had, or made at any time after the Expiration of the said Month, as is aforesaid; and that he shall not be delivered out of Prison before such notice certified, whether the same be before the said first day of the next Term, or after. Vide concerning this matter on Thursday the 16th day, Monday the 20th day, Wednesday the 22th day, Monday the 27th day, and on Tuesday the 28th day of February preceeding; as also on Wednesday the 7th day of this instant March foregoing.
Post Meridiem.
In the Afternoon the Bill for Butlerage and Prisage of Wines was read the second time, and upon the Question and Division of the House dashed.
Three Bills were sent up to the Lords from the House of Commons; of which one was the Bill for taking away the benefit of Clergy from persons Convict of Rape and Burglary.
Mr Doctor Vaughan and Mr. Doctor Barkley brought word from the Lords, that their Lordships do desire to have Conference with some of this House presently.
The Bill for restitution in Blood of the Heirs of the Lord Stourton was twice read; which said Bill was doubtless at this time but once read, or at least it stood but for the first reading, and was entred through negligence, for it had its second reading on Monday the 12th day of this instant March, and was thereupon committed, and had lastly its third reading upon Tuesday the 13th day of the same Month and so passed the House; with which also agreeth a certain written Memorial or Copy of the Carriage of this business between the two Houses, in respect that it occasioned much dispute betwixt them, as see more at large on Wednesday the 14th day of the foresaid March ensuing.
Two Bills lastly of no great moment had each of them one reading; of which the second being the Bill for the Hospital of St Crosse was read three times and passed the House.
On Monday the 12th day of March, Two Bills of no great moment had each of them their third reading; of which the first being the Bill for the Lord Viscount Bindon, upon the Question passed the House.
Mr. Captain of the Guard declaring her Majesties ........ but what should here follow is wholly omitted through the great negligence of Fulk Onslow Esquire, at this time Clerk of the House of Commons, in the Original Journal-Book thereof, although there were one whole blank page left under the foresaid words to have inferted such matter as ought here to have followed; of which the want will be the less, in respect that I had very happily by me a written draught or memorial of the very business here omitted, as I have had in many other places in the transcribing of the Journals of her Majesties Reign for this business, was no other than a Declaration of her Majesties Goodness and Clemency in restoring this day unto the House, and to his own Liberty, Peter Wentworth Esquire, who had been Committed to Prison on Thursday the 9th day of February in the beginning of this Session of Parliament, which said Declaration or Discourse doth now in its due place follow, the first man that spake being Christopher Hatton Esquire, Captain of the Guard.
Mr. Captain of the Guard did first shortly declare and make report unto the House, that whereas a Member of the same had the first day of this Session, which was the 8th day of February last past, uttered in a prepared Speech divers offensive matters touching her Majesty, and had for the same been sent Prisoner to the Tower by the House, yet that her Majesty was now graciously pleased to remit her just occasioned displeasure for the said offence, and to refer the enlargement of the party to the House, which was most thankfully accepted by the same upon the said report.
And thereupon Sir Walter Mildmay Knight, Chancellor of the Exchequer, spake as followeth:
That by this whole Action and by her Majesties dealing in this cause we had just occasion to consider,
These three things.
1. Her Majesties good and clement nature.
2. Her respect to us.
3. And our Duty towards her.
Touching the first, that Soveraign Princes placed by God, are to be honoured with all humble and dutiful reverence, both in word and deed, especially if they be good and vertuous, such as our most gracious Soveraign is, a Princess that hath governed this Realm so many years, so quietly, so justly, and providently; which being true, as no man can deny, then see how great an offence this was to reprove so good and gracious a Queen so unjustly, and that to be done not by any common person abroad, but by a Member of this House; and not in any private or secret place, but openly in this most honourable Assembly of the Parliament, being the Highest Court and Councel of the Realm. And thereby see also her most gracious and good nature, that so mercifully and so easily can remit so great an offence, a thing rarely found in Princes of so great Estate, that use commonly to think themselves touched in honour if they should pass over smaller injuries so lightly: the greater is her Majesties Commendation and the more are we bound to thank God for her.
Secondly, We may see what gracious respect her Majesty had to us, that notwithstanding the just cause that was given her to punish severely so great an offence; yet the favour that she had conceived towards us, proceeding from the just tryal of our dutiful affections towards her, had so qualified her displeasure as she was contented for our sakes to pardon the whole, and that so freely as she would not at any time think of it again (for those were her words) a marvellous grace towards us and never hereafter on our parts to be forgotten, the rather for that the same proceeded meerly from her self, thereby preventing the Suit which we in all humbleness might have made unto her.
Thirdly, that for so gracious a dealing it was our bounden Duties to yield unto her Majesty our most humble and hearty thanks, and to beseech Almighty God to enlarge her days as the only stay of our felicity; and not only so but to learn also by this Example how to behave our selves hereafter; and not under the pretence of liberty to forget our bounden duty to so gracious a Queen: true it is, that nothing can be well concluded in a Councel where there is not allowed in debating of Causes brought in deliberation, Liberty and Freedom of Speech; otherwise if in Consultation men be either interrupted or terrified so as they cannot, nor dare not speak their Opinions freely, like as that Councel cannot but be reputed for a servile Councel; even so all the Proceedings therein shall be rather to satisfie the wills of a few, than to determine that which shall be just and reasonable. But herein we may not forget to put a difference between liberty of Speech, and licentious Speech; for by the one men deliver their Opinions freely, and with this caution, that all be spoken pertinently, modestly, reverently and discreetly; the other contrariwise uttereth all impertinently, rashly, arrogantly and irreverently, without respect of person, time, or place: and though freedom of Speech hath always been used in this great Councel of Parliament, and is a thing most necessary to be preserved amongst us; yet the same was never nor ought to be extended so far, as though a man in this House may speak what and of whom he list. The contrary whereof both in our own days, and in the days of our Predecessors, by the punishment of such inconsiderate and disorderly Speakers, hath appeared. And so to return, Let this serve us for an Example to beware that we offend not in the like hereafter, left that in forgetting our duties so far we may give just cause to our gracious Soveraign to think that this her Clemency hath given occasion of further boldness: and thereby so much grieve and provoke her, as contrary to her most gracious and mild consideration, she be constrained to change her natural Clemency into necessary and just severity; a thing that he trusted should never happen amongst wife and dutiful men, such as the Members of this House are thought always to be.
Between which Speech and the restoring of the said Mr Wentworth unto the House (although it be not mentioned in the before-cited written Memorial of the said Speech I had by me) as appeareth plainly by the Original Journal-Book of the House of Commons, these ensuing Passages intervened in the said House as followeth, viz.
Mr Treasurer, Mr John Thynne, Sir Nicholas Arnold, Sir Henry Gate, Mr Marsh and Mr Cromwell, were sent to the Lords for Conference presently touching the reforming of some amendments of this House in the Bill, which came from the Lords for taking away the benefit of the Clergy from persons Convict of Rape and Burglary.
Mr Doctor Vaughan and Mr Doctor Barkley did bring from the Lords the Bill for preservation of Pheasants and Partridges.
All the Privy-Councel being of this House, the Lord Russell, Mr Captain of the Guard, the Masters of Requests, Mr Treasurer of the Chamber, the Master of the Wardrobe, the Master of the Jewel-House, Sir Henry Knivett, Sir Thomas Scott, Sir John Thynne, Sir William Winter, Mr Crooke, Mr Popham, Mr Yelverton, Mr Norton, Mr Sampoole, Mr Alford, and Mr Skinner, were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber, touching Conference for the manner of Petition to be made unto the Queens Majesty touching Marriage. Vide on Friday the 9th day of this instant March foregoing, and on Wednesday, March the 14th in the Afternoon ensuing.
These intervening Passages being thus transcribed out of the Original Journal-Book of the House of Commons, now follows the manner of the restoring of the aforesaid Peter Wentworth Esquire, being partly transcribed out of the abovesaid Original Journal-Book, and partly out of the before-mentioned written Memorial or Copy thereof in manner and form ensuing.
Mr Peter Wentworth was brought by the Serjeant at Arms that attended the House, to the Bar within the same, and after some Declaration made unto him by Mr Speaker in the name of the whole House both of his own great fault and offence, and also of her Majesties great and bountiful mercy shewed unto him, and after his humble Submission upon his Knees acknowledging his fault, and carving her Majesties Pardon and Favour, he was received again into the House, and restored to his place to the great contentment of all that were present.
This business of Mr Wentworth being thus at large set down, now follows a great part of the residue of this dayes Passages out of the Original Journal-Book of the House of Commons it self.
The Bill for the Lord Stourton was read the third time, in setting down of which Bill it seemeth the time of the reading is erroneously entred; for this was doubtless the second reading, and that the third as appeareth plainly by the Original Journal-Book it self, was not until Tuesday the 13th day of this instant March ensuing, when the Bill also passed, and it is the rather probable that this was but the second reading as is also set down in a written Memorial of this business I had by me, in respect that it was upon this reading spoken unto, and referred to Committees: but as it should seem before the said Bill was agitated in the House, or referred to Committees, this business intervened which is Entred in the Original Journal-Book of the House of Commons in manner and form following.
Mr Doctor Lewes and Mr Doctor Yale did bring from the Lords the Bill touching taking away the benefit of the Clergy from Persons Convict of Rape and Burglary to be amended in the former addition of amendment thereof by this House; whereupon the same being presently amended, was together with the Bill of Addition to the former Statutes for amending and repairing of High-ways, the Bill with the Amendments and Proviso for the repairing of the Bridges and High-ways near unto the City of Oxford, the Bill for the Hospital of St Cross near Winchester, and the Bill for the Lord Viscount Howard of Bindon, sent up to the Lords by Mr Secretary Smith and others, with the Bill also for maintenance of the Universities, and of the Colledges of Eaton and Winchester to be reformed in the Amendments of their Lordships in the same Bill.
Which business being over-passed, as it is inserted out of the Original Journal-Book of the House of Commons, now follows the dispute in the House upon the foresaid second reading of the Lord Stourton's Bill, which is supplied out of a written Memorial or Copy of that business I had by me with very little alteration or addition.
It was first alledged in the House of Commons against the further proceeding of the Bill for the restitution in Blood of the Lord Stourton (whose Father was Attainted of Murther, and thereby his Blood corrupted) by some in the said House, that the said party who now sued to be restored in Blood, had before given cause for men to think that he would not hereafter be worthy of so much favour, and by some other, that there wanted in the Bill sufficient provision for such as had been Purchasers from his Father, Grandfather, and other his Ancestors.
To the first Objection it was said in the House, That seeing her Majesty had so graciously yielded to his Petition, there was no doubt but she was well satisfied in all such things as might touch him, and therefore no cause that this House should mislike her gracious Favours to be extended to any of her Subjects in such Cases; but rather to hope that he being a young Nobleman would prove a good Servant to her Majesty and the Realm, as divers of his Ancestors had done.
The second Objection was thought worthy of consideration, That if the saving, which was already in the Bill, were not sufficient, there might be other provision added.
This dispute concerning the foresaid Bill being thus transcribed out of the foresaid written Memorial or Copy thereof I had by me, now follows the Committees names who were appointed thereupon out of the Original Journal-Book of the House of Commons, being as followeth.
Mr Chancellor of the Exchequer, the Master of the Wardrobe, Mr Recorder of London, Mr Norton, Mr Sampoole, Mr Dalton, Mr Savile. Mr Marsh, Mr Yelverton, Mr Popham, Mr Stanhope, Mr Colbie, and Mr Broughton.
The Bill against abusing of Licences to transport forbidden Wares, was delivered to Mr Comptroller.
Post Meridiem.
In the Afternoon five Bills of no great moment had each of them one reading; of which the second being the Bill touching Inquisitions and Offices to be taken within the Counties Pallatine, and the third being the Bill touching Wharfs and Keyes, were each of them read the second time; but no mention is made that they were either Ordered to be ingrossed or referred to Committees, because they had been formerly sent from the Lords.
The former Committees for the Bill of Apparel (who were appointed on Saturday the 10th day of this instant March foregoing) were sent up to the Lords for Conference as well in that Bill, as in the Bill for preservation of Pheasants and Partridges.
Thus far out of the Original Journal-Book of the House of Commons; that which follows touching the proceeding of the Committees in the Bill for restitution in Blood of the Heirs of the Lord Stourton is inserted out of that large Memorial or written Discourse of the whole Carriage of that business I had by me, being prout sequitur.
The Committees reading deliberately the Bill and the whole Contents thereof, partly upon causes alledged in the House, and partly upon causes remembred among themselves, took the saving in the Bill not to be sufficient, but added a Proviso unto it, the special point whereof was to bar the Lord Stourton that he should not take advantage of any error that might happen to be in any Fine, Recovery, or other Conveyance, passed by his Father or his Ancestors, but he should be in that respect as though his Blood were not restored; in which State he can bring no Writ of Error. The occasion of which Proviso grew chiefly, for that the Lords had within few days before dashed a Bill that passed in the House of Commons for the helping of such Errors; whereupon they thought it dangerous to give that scope to any man that should be restored in Blood: and therefore they added such a Proviso both to this Bill and to another Bill of the like tenor that did concern one Anthony Mayny of Kent Esquire.
During the time of this Conference of the Committees the Lord Stourton being informed how his Case was Ordered in the House of Commons, came to the place where the Committees sate, and desired that himself and his Councel might be heard, which they allowed him of theirown discretion without the privity of the House: his Councel laboured to shew to the Committees, that the saving already in the Bill was sufficient, so as they then needed no addition of any other Proviso: but being answered to all that he said he could not much reply, but seemed to be satisfied.
After which the Committees having agreed upon a Proviso repaired unto the House and made a report thereof; but the Lord Stourton nothing contented therewithal, procured immediately a Message from the Lords to the House of Commons in his favour; which Message being more fully set down in the Original JournalBook of the House of Commons than in that written Memorial or Discourse of this said cause I had by me (out of which the foregoing proceedings are transcribed) I have thought it better to supply it out of the same in manner and form following, viz.
Mr Serjeant Barham and Mr Doctor Vaughan did bring from the Lords four Bills, viz. for restitution in Blood of Anthony Mayney Esquire, the Bill for reformation of abuses in Goldsmiths, the Bill to give Costs and Charges to the Defendant that shall be wrongfully vexed by slanderous and untrue Suits, and the Bill for relief of Vicars, with a Message also from their Lordships that the Committees of this House appointed for Conference with their Lordships in the Bill of Apparel, may also have Commission from this House to shew unto their Lordships the reasons which did move this House to deal so hardly in the Bill, which being signed by her Majesty passed their Lordships for the restitution in Blood of the Lord Stourton being a Nobleman, and seeking but the same course and form of restitution which other Noblemen in like cases have done, and had heretofore; which Message being opened unto the House was not well liked of, but thought perillous and prejudicial to the Liberties of this House: Whereupon it was resolved by this House that no such reason should be rendered, nor any of this House to be appointed unto any such Commission. Vide plus concerning this business on Wednesday the 14th day of this instant March ensuing.
Two Bills lastly had each of them their first reading; of which the first was the Bill for restitution in Blood of Anthony Mayney Esq;
On Tuesday the 13th day of March, the Bill for restitution in Blood of Anthony Mayney Esq; was twice read, and a Proviso to the same Bill was read three times.
Mr Sollicitor and Mr Powle did bring from the Lords a Bill for the annexing of Gateside to New-Castle, and withal a Message from their Lordships to desire Conference with such of this House, as this House shall appoint touching Conference with their Lordships for the Bill of the Lord Stourton, which their Lordships do hear hath had offers of Provisoes or some other thing to the stay of the proceeding of the said Bill: Whereupon the said Mr Sollicitor and Mr Powle being called into this House received Answer, that by the resolution of this House according to the antient Liberties and Priviledges of this House, Conference is to be required by that Court, which at the time of the Conference demanded shall be possessed of the Bill, and not of any other Court: And further that this House being now possessed of the Bill, and minding to add some amendment to the said Bill, will (if they see cause and think meet) pray Conference therein with their Lordships themselves, and else not. Vide concerning this matter on Wednesday the 14th day of this instant March ensuing.
Two Bills of no great moment had each of them one reading; of which the first being being the Bill against the excess of Apparel, was read the second time and Ordered to be ingrossed.
Mr Attorney General and Mr Sollicitor did bring from the Lords the Bill of the Queens Majesties most gracious general and free Pardon.
Mr Treasurer, Mr. Chancellor of the Exchequer, Mr. Secretary Walsingham, Mr. Captain of the Guards, Sir Nicholas Arnold, Sir Henry Gate, Mr. Snagg, Mr. Grimsditch, and divers others were appointed to conser in the Bill touching Wharss and Keyes in the Chequer-Chamber immediately after Dinner this present day.
Mr. Serjeant Barham and Mr. Powle did bring word from the Lords, that their Lordships did desire to have the former Committees in the Bill for Leather, to confer with their Lordships presently touching the same Bill, whereof they specially pray that Mr. Marsh may be one: whereupon the said Committees were sent presently, and the Bill of restitution in Blood of Anthony Mayney Esquire, was sent up to the Lords by Mr. Treasurer and the said others.
The Bill against the abuses of Goldsmiths was read the second time, but no mention is made that it was either Ordered to be ingrossed or referred to Committees; because it had been formerly sent from the Lords on the day immediately foregoing.
Mr. Doctor Barkley and Mr. Powle did bring from the Lords the Bill touching the Confirmation of an Arbitrement to be made between Richard Hudleston Esquire, and Dame Isabell Wainman on the one part, and Francis Wainman Gentleman on the other part.
Mr. Treasurer, Mr. Secretary Smith, Mr. Chancellor of the Exchequer, Mr. Treasurer of the Chamber, the Master of the Jewel-House, Sir Rowland Hayward, and others were appointed to meet this Afternoon at three of the Clock, and to hear the Learned Councel of the Goldsmiths.
Mr. Doctor Vanghan and Mr. Doctor Yale did bring from the Lords the Bill of Jeosails with some Amendments.
The Bill for restitution in Blood of the Lord Stourton, was read the third time; and two Provisoes twice read and passed the House. Vide concerning this business of the Lord Stourton in fine dici sequentis.
The Bill also against excess in Apparel was read the third time and passed the House.
Post Meridiem.
In the Afternoon the Bill for the Lord Stourton, and the Bill against excess in Apparel, were sent up to the Lords by Mr. Comptroller and others. Vide concerning the business of the Lord Stourton on Wednesday the 14th day of this instant March ensuing.
Four Bills also of no great moment had each of them one reading; of which the last being the Bill for relief of Vicars and Curates, was read the second time and committed unto Mr. Sampoole, Mr. Cromwell, Mr. Savile, Mr. Boyer, Mr. St John Mr. Broughton, and others, who were appointed to meet at this House to Morrow in the Morning at six of the Clock.
The Bill touching unjust and slanderous Suits, was read the second time; but no mention is made that it was either Ordered to be ingrossed or referred to Committees, because it had been sent from the Lords on Monday the 12th day of this instant March foregoing.
The Bill touching unjust and slanderous Suits, and the Bill for the annexing of the Town of Gateside to New-Castle, were read the first time.
Mr Justice Mounson and Mr. Serjeant Barham did bring word from the Lords, that whereas their Lordships have made divers requests for Conference with some of this House touching the Bill for the Lord Stourton, and the Bill for Mr. Mayney their restitutions in Blood, and as yet have received no Answer thereof of this House at all; Their further desire now is, that a further Committee be appointed for this House to meet with their Lordships in the Parliament Chamber to Morrow next before eight of the Clock for that purpose: whereupon were chosen, after sundry Motions and Speeches,
All the Privy-Council being of this House, Mr. Captain of the Guard, and the former Committees (whose names see on Monday the 12th day of this instant March foregoing) and Mr. Diggs; whereunto were added also Mr. Treasurer of the Chamber, Mr. Lieutenant of the Tower, Sir Henry Gate, Sir Henry Ratcliffe, Sir James Harrington, Sir Edward Bainton, Mr. Atkins, Mr. Birkenhed, Mr. Cromwell, and Mr. Alford. Vide concerning this business on Wednesday the 14th day of this instant March ensuing.
On Wednesday the 14th day of March the Queens Majesties general and free Pardon was once read.
Sir John Thynne, Sir Henry Knivett, and Mr. Topclyffe, were added to the Bills yesterday last appointed. Which said former Committees with these now newly added were doubtless appointed to have Conference with a Committee of the Lords this Morning, touching their Proviso added unto the Bill for the restitution in Blood of the Heirs of the Lord Stourton, which had been sent down to the House of Commons from the Lords on Wednesday the 7th day of this instant March foregoing: but the Issue of this Conference, through the great negligence of Fulk Onslow Esquire, at this time Clerk of the House of Commons, is wholly omitted in the Original Journal-Book of the same House; and therefore (in respect it is of very good use and moment for the Declaration and Justisication of the Liberties of the said House) I have caused it to be inserted at large, out of that often beforementioned written Memorial or Discourse I had by me of the whole proceedings of this business, in manner and form following.
The before-mentioned Committees (or the greater part of them between eight and nine of the Clock this Morning, as is very probable) repaired unto the Parliament Chamber, or Upper House Door, and there gave attendance, sending in word by the Usher of that House of their being there: The Lords after a great pause came forth at last into the outward Chamber, the number of them were many, and the persons of the principal Noblemen of that House, after they had taken their places at a long Table, and used some Conference amongst themselves, they called for those of the House of Commons, to whom the Lord Treasurer in the name of all the rest present and absent, said in effect as followeth:
That the Lords of the Upper House could not but greatly mislike the dealing of the House of Commons in the Lord Stourton's Bill, especially for that they had passed the Bill with a Proviso annexed, notwithstanding their sundry Messages sent unto them in his favour: And lastly, one Message to have Conference with them for resolution of such doubts as were moved, wherein they took themselves greatly touched in honor, and thought that the House of Commons did not use that reverence towards them which they ought to do; the cause he said besides, was such as they saw no reason why the House of Commons should proceed in that Order; for the Bill being signed by her Majesty, he said, none might presume to alter or add any thing to it without the assent of her Majesty, which they for their parts durst not do, and for proof hereof he shewed the Committees sundry Provisoes in King Henry the Eighths time annexed to the like Bills signed by the King; inferring thereby that none might pass otherwise. Moreover he said that by the opinion of the Judges which were in the Upper House, the saving already in the Bill was so sufficient that there needed not any addition of such Proviso as the House of Commons had annexed; and therefore required to know what reasons did lead them to proceed in this Order.
This and some large Speeches being uttered to this end, the Committees answered that their Commission was only to hear what their Lordships would say, they would return and make report to the House, and so attend again upon them with Answer.
When this was reported to the House of Commons, it moved them all greatly, and gave them occasion of many Arguments and Speeches, all generally misliking this kind of dealing with them, thinking their Liberties much touched in three points: one, that they might not add or alter any Bill signed by the Queen; another that any Conference should be looked for, the Bill remaining with them, except themselves saw cause to require it; and the third to yield a reason why they passed the Bill in that sort. After all these things were sufficiently debated, an Answer was agreed on to be returned to the Lords by the same Committees, and they gave their attendance upon the same Lords in the former place, to whom was said in effect by Sir Anthony Mildmay Knight Chancellor of the Exchequer, one of the Committees in the name and by the consent of the rest.
That they had delivered to the House of Commons the sense of that which their Lordships had said unto them, which as they had conceived, did stand upon two parts: One the manner of their proceedings in this Case of the Lord Stourtons; and the other matter wherein they had proceeded.
To both which they had a Commission from the House to make unto their Lordships this Answer.
First that they were very sorry that their Lordships had conceived such an opinion of the House, as though they had forgotten their Duty to them, praying their Lordships to think that the House of Commons did not want consideration of the superiority of their Estates, in respect of their honourable calling, which they did acknowledge with all humbleness, protesting that they would yield unto their Lordships all dutiful reverence so far as the same were not prejudicial to the Liberties of their House, which behoveth them to leave to their Posterities in the same freedom they have received them; and touching this particular case the manner of their proceedings hath not been as they think, any ways undutiful or unseemly, for the Bill being sent from their Lordships to the House of Commons received there within little space two readings; and because upon the second reading, some Objections were made to lett the course of the Bill, the House thought fit to commit it, which doth shew that they had no disposition to over-throw the Bill, but to further it, both in respect of her Majesties Signatures, and that it came passed from their Lordships; and whether the Lord Stourton had cause or no to think himself favourably used in being heard of the Committees with his Learned Councel, they referred to their Lordships Judgments. That after the Committees report of their doings, the House gave the Bill a third reading, and so passed the same in such sort as now their Lordships had; notwithstanding their sundry Messages to the contrary.
And lastly, notwithstanding their Message of Conference they said they could not otherwise have done, without breach of their Liberties; for they take the order of the Parliament to be, that when a Bill is passed in either House, that House wherein the Bill remaineth, may require Conference with the House that passed the Bill, if they think good, but not otherwise. And so this Bill passing from the Lords to the House of Commons might if they had thought it convenient, have required a Conference, but not their Lordships of a Bill passed from themselves: and thus much for the manner of their Proceedings.
Touching the matter wherein they have proceeded, in that that they annexed a Proviso to this Bill, the same being her Signature, signed with her Majesties Hand, they thought they might lawfully do it without offence to her Majesty, taking her Signature to be only a recommendation of the Cause to both the Houses, without which they could not treat of any Bill of that nature; the House not being thereby concluded, but that they might alter or add any thing that should be thought meet either for her Majesty or for her Subjects, which Proviso they have added upon good deliberation, not hastily or inconsiderately, but upon great and sufficient reasons moving them, praying their Lordships so to conceive it: Nevertherless to declare those reasons in particular to their Lordships as they re quired in that part, the House desired their Lordships to bear with them, for that were to yield an account of their doings, and of things passed in their House, which they could not in any wife agree unto, being so prejudicial to their Liberties.
This Speech finished the Committees were willed by the Lords to retire to the lower end of the Chamber; and after some pause and consultation amongst the Lords, they called again the Committees, and to them was said by the Lord Treasurer, that the Lords had considered the Answer that the Committees had brought them from the House of Commons; and touching the first part thereof he said, that albeit through such information as was given them, they might have cause to conceive amiss of the House in the manner of their Proceedings, yet because themselves were the truest Reporters of their own actions, and the best Interpreters of their own meanings, the Lords did accept of their Answer, and rested well satisfied with the same.
But touching the other part he once again pressed the Committees to shew the reasons that moved the House to add that Proviso, which the Lords took to be superfluous, the Bill as he said containing in it already a saving that was sufficient for all Causes that might happen.
To that was said by one of the Committees that they humbly thanked their Lordships that it pleased them so well to accept of their Answer to the first part; but for the second which concerned the matter it self, and the reasons that moved the House, he said the Committees had no further Authority to deal, in having only Commission to deliver to their Lordships the Answer which they received from this House.
Whereupon the Assembly brake, and the Lords returning to the Upper House; and the Commitees to the House of Commons, where at their coming, one of them reported their whole Proceeding with the Lords, wherein the House was much satisfied, seeing that so great a storm was so well calmed, and the Liberties of the House so well preserved, which otherwise in time to come might have been prejudiced in those three points before remembred, which are indeed if they be well considered, of great weight and importance.
The Proceeding and Issue of this foresaid great Committee of both Houses, being thus transcribed out of that written Memorial thereof I had by me, now follows the last Passage in this business out of the Original Journal-Book of the House of Commons; by which it may be easily gathered, that the Committee of the Lords did not rest satisfied with the former Conference, but sent down yet another Message to the Commons House, although this Session of Parliament were now upon the Conclusion, to have had some further satisfaction therein: which Message is there Entred as followeth.
Mr Sollicitor and Mr Doctor Barkley did come from the Lords to demand if there be any Bills ready to send to their Lordships, for that now their leisure well serveth them; and also they do desire to know, whether this House will make them a further Answer to the matter of the last Conference, or no. Whereupon after sundry Motions and Arguments it was agreed, that the former Committees, with the residue afterwards added unto them, both yesterday and also this day, as also Mr St John now lastly added, be sent up to the Lords with Answer to be pronounced by Mr Chancellor of the Exchequer in the name of the whole House, that as touching the unkindness wherewith their Lordships do charge this House, which this House hath not done, doth not and will not give their Lordships any such occasion.
Nota, That this is the last Passage in this so long and controverted business betwixt the two Houses, which this Morning had been throughly handled at a Committee of the said Houses: for the Upper House having first passed this Bill, and sent it down to the House of Commons on Wednesday the 7th day of this instant March foregoing, it had its several readings there on Saturday the 10th day of the same Month in the Afternoon, and on Monday the 12th day, and on Tuesday the 13th day of the same; having also added a Proviso unto it, with which they sent it up again to the Lords, who disliking the said Proviso, required Conference with some Committees of the said House that very foresaid 13th day of March, when the Bill had been sent up unto them: upon which meeting this Morning they had full Conference, as is before at large set down; but the Lords (as it should seem) utterly disliking the said Proviso, and not being satisfied with the said Conference, did never give the said Proviso any reading in their House, and so the Bill was dashed.
Now follows the residue of this days Passages, with the Conclusion of this Session of Parliament by Prorogation, out of the Original Journal-Book of the House of Commons: some things only of form or otherwise necessary to be inserted being added.
The Bill against the abuses of Goldsmiths, was read the third time and passed the House.
Post Meridiem.
The Bill last passed touching abuses of Goldsmiths, was this Afternoon sent unto the Lords by Mr Treasurer, and others.
Two Provisoes and certain Amendments to the Bill touching Wharfs and Keyes, were thrice read; and upon the Question with the Bill rejected.
Mr Doctor Barkley and Mr Powle did bring word from the Lords, that their Lordships do desire to know whether there be any more Bills ready to be sent unto them; unto whom Answer was made, There is none.
This Afternoon also, her Majesty came in Person to the Upper House, where Robert Bell Esq; Speaker of the House of Commons, did amongst other things in his Speech move her Majesty, in the name of the House to Marry: by which it may be collected, that it was agreed in the House (where this matter had been propounded on Friday the 9th day of this instant March foregoing, and further debated of on Monday the 12th day of the same Month) that it was I say agreed, that the Speaker should thus move her Majesty in the behalf of her Marriage upon the Conclusion of this Session; in this Speech also the said Speaker did according unto the usual Custom present her Majesty with the Bill of the Subsidy, in the name of the Commons.
After which her Majesty having given her Assent unto twenty three publick Acts, and thirteen private, the Lord Keeper Adjourned the Parliament by her Majesties Commandment, until two of the Clock in the Afternoon of the day following.
And on the said Thursday the 15th day of March in the Afternoon, her Majesty came again unto the Upper House Accompanied with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal, and divers Lords Spiritual and Temporal; but I cannot gather that there was any other cause or occasion of her Majesties coming thither, than only for the further Prorogation of this Session, which otherwise must have been done by a Commission under the Great Seal, and thereupon the Parliament was Prorogued accordingly unto the 5th day of November then next ensuing.
After which followed divers other Prorogations of this Parliament unto the re-assembling of it again upon Monday the 16th day of January, in An. 23 Reginæ Eliz. upon which said day, the third and last Session of this instant Parliament began.