Journal of the House of Lords: November 1597

November 1597

On Saturday the 5^th day of November, the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice.

Introductum est breve Thomæ Domini Gray de Wilton, quo præsenti Parliamento interesse summonebatur, & admissus est ad suum præheminentiæ sedendi in Parliamento locum, salvo jure alieno.

The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer.

Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament, and her Majesty well allowing his said Petition, by her Commandment and direction it was sent unto the Lords, into the Upper House, by Sir Robert Cecill then her Majesties Secretary, and endorsed on the back side thus in his own hand,

Her Majesty hath commanded me to signifie unto your Lordships, that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House.

Robert Cecill.

Which Petition being this 5^th day of November sent unto the House, was there read as followeth.

To the Queens most Excellent Majesty.

Beseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K^t: 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 Westminster 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 Premisses, 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 Sheffield, 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 House 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, that 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 præsenti Parliamento interesse summonebatur, & admissus est ad suum præheminentiæ 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 were 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 fit 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.