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 r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at 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 Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
the second time but no mention is made that it was either referred to Committees or Ordered to be engrossed because it had been sent from the Lords Upon the Argument in the matter between the Earl of Kent and the Lord Compton by their Learned Councel of both sides this House thinketh good to be further advised upon the matter and so it was signified unto their Lordships and their Councel On Monday the 9 th day of June the Bill for Mr. Smith was read the first and second time and Ordered to be ingrossed The Bill that no Servant of any Subjects shall be a Justice of Peace or High Constable was read the second time and Ordered to be engrossed Mr. Sandes Mr. Fenner and Mr. Shute were appointed presently to consider and correct the Bill of my Lord of Kent exhibited against the Lord Compton Three Bills also of no great moment had each of them one reading of which the second being the Bill for Explanation of the Statute of Fugitives was read the third time and with the Bill for Presentations by Lapse and two others of no great moment sent up to the Lords by Mr. Treasurer and others Upon the Question it was resolved by this House that some Committees of this House be appointed to have Conference with the Lords touching the Proviso to the Bill against Mary commonly called the Queen of Scots Mr. Comptroller Mr. Treasurer Sir Thomas Scott Mr. Doctor Wilson Master of the Requests Mr. Recorder of London Mr. Cromwell Mr. Langhorne Mr. Fenner Mr. Snagg Mr. Dalton Mr. S t Leger and Mr. Cowper were for that purpose added to the former Committees Vide touching this matter on Thursday the 26 th day of this instant June following and Monday the 19 th of May foregoing Post Meridiem In the Afternoon three Bills of no great moment had each of them one reading of which the first being the Bill for the Severance of Sheriffs in the Counties of Surrey and Sussex was read the third time and passed upon the Question Upon the Question it was Ordered that the matter be presently proceeded in to the hearing between the Earl of Kent and my Lord Compton notwithstanding my Lord Compton his Allegations of the want of his Councel and the hearing to be dealt in only touching the matter of the release and the procuring of the same Geo. Goscoigne and Tho. Cole being produced Vide de ista materia in die praecedente On Tuesday the 10 th day of June Six Bills of no great moment had each of them one reading of which the second being the Bill that no Houshold Servant or Retainer to any Subject shall be a Justice of Peace or High Constable And the third for Cogshall were each of them read the third time and passed the House and were sent up to the Lords by Mr. Seckford Master of the Requests and others Mr. Sollicitor and Mr. Doctor Huick did signify from the Lords that their Lordships have appointed a Committee to have Conference with the Committees of this House in the Bill against Mary commonly called the Queen of Scots and that their Lordships do require the same to be done presently Vide concerning this matter on Thursday the 26 th of this instant June following The Bill for the transporting of Corn was read the second and third time and passed upon the Question Two Bills also of no great moment had each of them one reading of which the first being the Bill for the Town of Stafford was read the first time Post Meridiem In the Afternoon two Bills of no great moment had each of them one reading of which the first being the Bill for the marking of tanned Leather was read the first time Six Bills also had each of them their second reading of which the first was the Bill for Corporations and the last for the Earl of Kent was upon the Question Ordered to be ingrossed and both the Parties to be in this House with their Learned Councel at the next Session of this Court to be holden next after this present day On Wednesday the 11 th day of June Mr. Doctor Huick and Mr. Doctor Vaughan did bring word from the Lords that having understood the Queens Majesties Pleasure to be that they should adjourn their Sessions until Tuesday come Se'nnight they did signifie the same unto this House to the end this House may likewise Adjourn until the same time and nevertheless to continue the Session this Forenoon and send unto them such Bills as are already passed this House or shall pass this Forenoon Upon the Question Mr. Snagg was by the whole Voice of the House purged of the words and meaning which it was pretended he should have heretofore uttered in this House to the dishonour and discontentation of the Lords of the Upper House The Bill touching the transporting of Leather and Tallow was sent up to the Lords by all the Privy Council being of this House and others The Bill against fraudulent Gifts and Conveyances of Lands was read the third time and passed the House Mr. Doctor Huick and Mr. Doctor Vaughan did bring from the Lords three Bills of which the first was touching Sea-Marks and the second for Partition of Lands to be had between the Lord Latimer and Sir Robert Wingfeild Knight and their Heirs The Bill against fraudulent Gifts and Conveyances of Lands and the Bill for Partition of Lands between the Lord Latimer and Sir Robert Wingfeild were sent up to the Lords by Mr. Chancellor of the Exchequer and others and by them brought back again for that the Lords were risen and gone The Bill for Grants by Corporations was read the third time and passed the House The Court was this day Adjourned until Tuesday come S'ennight next coming On Tuesday the 24 th day of June Four Bills of no great moment had each of them one reading of which the first being the Bill touching Lands and Tenements within the County and City of Exeter was read the second time and Ordered to be ingrossed The Bill for Grants by Corporations with two others of no great moment was sent up to the Lords by Mr. Treasurer and others with request to be by them made unto their Lordships for their Answer touching Conference in the Bill against Mary commonly called the Queen of Scots The Bill against delays in Judgment at the Common Law 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 Mary commonly called the Queen of Scots was sent to the Lords to see and consider by Sir Rowland Hayward Mr. Dr. Wilson Mr. Serjeant Manwood and Mr. Attorney of the Court of Wards The Bill against delays in Judgment was upon the Question committed unto Mr. Serjeant Manwood Mr. Serjeant Jefferies Mr. Popham and Mr. Sands who were appointed to meet at the Temple Church at two of the Clock this
now credibly informed to this House by John Aldrich Gentleman one of the Citizens returned for the City of Norwich and also by Sir Roger Woodhouse Knight one of the Knights for the said County of Norff. and also by Edward Grimstone Esquire one of the Burgesses for the Town of Ipswich in the County of Suff. that the said Thomas Beamont is impotent and incurably sick and diseased it was at the earnest motion of the said John Aldrich made to this House for another Citizen to be chosen and returned for the said City of Norwich in the place and stead of the said Thomas Beamont Ordered and resolved by this House that a Warrant be made forthwith by this House to the Clerk of the Crown-Office in the Chancery for the directing of a new Writ for the chusing and returning of another Citizen of the said City of Norwich in the place and stead of the said Thomas Beamont accordingly And for as much as Hugh Graves one of the Citizens for the City of York did the last former Session of this present Parliament move the House and make request that by Order of this House another Citizen might be chosen and returned for the said City of York in lieu and stead of Gregory Peacocke his fellow Citizen being then and yet still incurably sick and diseased and for that also that Robert Askewith is already returned and hath attended this present Session in the room and place of the said Gregory Peacocke it was now Ordered and resolved by this House that the said Robert shall stand and remain still as a Citizen for the said City of York in the lieu and place of the said Gregory Peacocke according to the return thereof made The Bill for the Lord Zouch was after sundry Motions and Arguments put to the Question and dashed It was also upon further consideration of the said returns and defaults Ordered and resolved That Thomas Fleming Gentleman being returned into this Session and appearing in the place of James Dalton one of the Burgesses for Kingstone upon Hull in the County of York being incurably sick and diseased shall stand and continue according to the return in that behalf already made And that John Fawcher likewise returned a Burgess for the said Town of Kingston upon Hull in the lieu and stead of James Clerkson sick and Samuel Cox Esquire returned a Burgess for the City of Rochester in the County of Kent in the room and place of William Partridge Esquire being sick Sir William Drury Knight returned a Burgess for Castle Riseing in the County of Norff. in the room and place of Edward Flowerdewe Esq being sick Richard Mollineux Esquire returned a Burgess for the Town of Wigan in the County of Lancaster in the room and place of Edward Fitton Esquire being in the Queens Majesties Service Fulke Grevill Esquire returned a Burgess for the Town of Southampton in the room and place of Sir Henry Wallop Knight being in the Queens Majesties Service and Richard Herbert Esquire returned a Burgess for the Town of Montgomery in the room and place of Rowland Pugh Esquire supposed to be dead but yet known to be in plain life shall be forthwith amoved from their said places and the said James Clerkson Edward Flowerdew Esquire Edward Fitton Esquire William Partridge Esquire Sir Henry Wallop Knight and Rowland Pugh Esq and every of them shall stand and continue for their said several rooms and places notwithstanding any such causes of sickness the Queens Majesties Service or supposed allegation of being dead Vide Januar 19. Januar. 21. antea And it is also further agreed upon and resolved by this House That during the time of sitting of this Court there do not any time any Writ go out for the chusing or returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the ancient Jurisdiction and Authority of this House in that behalf accustomed and used Nota. This resolution of the House is no other than had been formerly taken by them in the beginning of this Parliament upon Saturday the 21 th day of January foregoing which also was further ratified and confirmed by the opinion and judgment of Sir Thomas Bromley Knight at this time Lord Chancellor of England M r Doctor Gibbon and M r Doctor Clerk did bring word from the Lords that their Lordships did desire present Conference with ten of this House or more touching the Bill lately passed in this House concerning Iron-Mills Whereupon were appointed M r Comptroller M r Treasurer of the Chamber Sir Thomas Shirley Sir William Moore Sir Thomas Sampoole M r Recorder of London M r Norton M r Cowper M r Aldersey M r Gaymes and M r Leife The Bill against certain deceitful stuff used in the dying of Cloths was sent up to the Lords by M r Comptroller and the said Committees and the provision passed and assented unto and amended according to the request of their Lordships The Bill for maintenance of Mariners and of the Navigation all the Amendments Provisions and Additions being three times read was passed upon the Question Where by a former Order of this House Arthur Hall Esquire was committed Prisoner to the Tower of London there to remain by the space of six Months and so much longer as until himself should willingly make a general revocation or retractation under his hand in writing of certain Errors and slanders contained in a certain Book set forth in print and published in part greatly tending to the slander and reproach of Sir Robert Bell Knight deceased late Speaker of this present Parliament and of sundry other particular Members of this House and also of the Power Antiquity and Authority of this House to the satisfaction of this House or of such Order as this House should take for the same during the continuance of this present Session of Parliament as by the same Order made and set down by this House upon Tuesday being the 14 th day of February foregoing in this present Session of Parliament more at large doth and may appear And where also the said Arthur Hall hath ever since the said Order taken remained in the said Prison of the Tower and yet still doth and hath not at all made any revocation or retractation of the said slanders errors and untruths to the satisfaction of this said House according to the said Order It is now therefore Ordered and resolved by this House That the further allowance of such revocation or retractation to be hereafter made as aforesaid shall be referred unto the Right Honourable Sir Francis Knolles K t one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold Sir James Crofte Knight one other of her Majesties most Honourable Privy-Council and Comptroller of her Majesties said most Honourable Houshold Sir Christopher Hatton Knight one other of her Highness said most Honourable
of the said Mr. Kirle After which the said Mr. Anthony Kirle was brought again to the Bar and there kneeling upon his knees was asked by Mr. Speaker whether he had received of Mr. Stepneth any Money for the Charges of the said Attachment He answered he had not but his Attorney had And being asked whether his Attorney did receive it to his use or no He said his Attorney did allow it to him in the payment for the Copy of Mr. Stepneth his Answer And then Mr. Speaker pronounced unto him the said Judgment in form aforesaid in the Name of this whole House After the pronouncing whereof he humbly besought this House of their favourable goodness to grant him liberty to follow some Causes of his own and also some other of his Clients but it was denied him and so he was had away by the Serjeant And after his departure upon some motions that Consideration might be had of his Clients Causes the Term now continuing but one day more it was referred to Mr. Speaker's liberty to let him follow his own Causes and his Clients with his Keeper attending upon him Vide principium hujus materiae die praecedente vide consimilem casum in Parliamento de Anno 31 Reginae Eliz. on Friday the 12 th day of February On Friday the 12 th day of February five Bills were had in agitation in the House whereof two concerning the Government of the City of Westminster and the assurance of Sir Thomas Lucy were brought into the House by the several Committees of them with Proviso's and Amendments added unto them which they did humbly offer to the Consideration of the House and the other three of no great moment had two of them one reading apiece and the third two readings which was the Bill for the good Government of the City of Westminster viz. the body of the Bill had one reading and the Amendments two and then it was ordered to be ingrossed upon the Question One of the said three Bills last mentioned to have been read was a new Bill brought into the House for the true answering of the Debts of Edward Fisher Esquire after the first reading whereof upon a Motion made concerning it it was Ordered that the said Edward Fisher should be sent to by the Serjeant of this House to warn him to be in this House himself upon Monday next if it please him to procure himself a Writ for that purpose or else that his Councel be then there for him to shew cause if he have any why this House should not proceed to the expediting and passing of the same Vide plus de ista materia on Monday the 15 th day of this instant February following On Saturday the 13 th day of February the Bill touching the breadth of Woollen-Cloths was upon the second reading committed unto Mr. Vice-Chamberlain Mr. Treasurer Mr. Chancellor of the Exchequer Sir Thomas Heneage Sir John Peeter and others and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet on Monday next in the Afternoon in the Parliament Chamber or Pension Chamber of the Middle-Temple M r Recorder of London M r Morrice and M r Penruddock were appointed to hear and examine the State and manner of the serving of Process upon any the Members of this House from time to time during this Session as occasion thereof shall fall out and after such information and intelligences thereof then further to impart the same to this House as occasion shall serve for further resolution Three Bills of no great moment had each of them one reading of which the second being the Bill for Explanation of the Statute of 21 H. 8. touching Pluralities of Benefices c. was upon the second reading committed unto Sir Drew Drewry Sir Robert Germin Sir Richard Knightley M r Recorder of London and others who were appointed to meet upon Tuesday next in the Afternoon in the Middle-Temple Hall A Proviso to the Bill concerning certain assurances of Sir Thomas Lucy and others was twice read and Ordered to be ingrossed M r Morrice M r Atkins and M r Alford were added to the former Committees to meet this Afternoon in the Middle-Temple Hall to hear M r Arnold and his Councel touching the said Bill and Proviso The Amendments in the Bill against Glass-Houses and Glass-making was twice read and Ordered to be with the Bill ingrossed On Monday the 15 th day of February M r William Stoughton offered unto this House a certain supplication in Parchment of certain abuses in the Ministry within the County of Leicester and also a note of certain Articles in Paper concerning some disorders in the Bishops Ministry and also M r Edward Lewkenor offered another Petition in Parchment touching the abuses in the Ministry in the behalf of the Inhabitants in the East part of the County of Sussex All which by Order of the House were read And then also was read another like Petition in Paper for the Inhabitants of the Parish of Holkstone in the County of Kent which was before the last Adjournment of this Court offered unto this House by M r John Moore and after sundry Speeches and Motions had touching the said Petitions M r Chancellor of the Exchequer putting the House in mind of the like Petitions in effect offered unto this House in the sitting before the last Adjournment and imparted to the Lords by a Committee of this House with humble Suit unto their Lordships to be a mean therein to her Majesty desired them that they would now forbear any further to deal with these Petitions until this House have first received Answer from the Lords of the said others alledging further that he had very lately put some of their Lordships in remembrance thereof on the behalf of this House and that he was Answered we should hear from their Lordships to Morrow next touching their Answer of the same Petitions Whereupon it was then thought good by this whole House to expect their Lordships said Answer therein till then accordingly Vide concerning Petitions on Thursday the 25 th day of February ensuing The Committees in the Bills for Actions upon the Case for perfecting of Assurances and for Fines and Recoveries in the twelve Shires of Wales were appointed to meet to Morrow in the Afternoon in Lincolns-Inn Hall Upon a Motion made by M r Edward Lewkenor that some of this House may be appointed to draw a Form of Prayer and Thanksgiving to be used in this House for the great benefits and blessings of God bestowed upon this whole Realm in her Majesty and for the long continuance of the same especially in this time of Consultation this day appointed to be had and prosecuted in making of Laws for the preservation and safety of her Majesties most Royal Person It was agreed That the said Mr. Lewkenor himself should take such of this House to him as he should think good and devise and digest the same form of
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
the like whereof was in the Statute of 13 o of her Majesties Reign Nota That the business so much before agitated touching M r Fitzherbert received this day the final resolution of the House as is plainly set down in the often before-cited Anonymous Journal although it be wholly omitted in the Original Journal-Book it self which said Case was singly this Thomas Fitzherberts being elected a Burgess of the Parliament two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit as may be collected out of the reasons given of their said Resolution and then his Indenture was returned to the Sheriff Upon all which matters there grew two Questions First whether the said M r Fitzherbert were a Member of the House And secondly admitting he were yet whether he ought to have priviledge Which said matters having been formerly much debated on Thursday the first day Friday the second Saturday the 17 th day and on Friday the 30 th day of March last past as also on Tuesday the third day of this instant April foregoing received now at last the Judgment of the House which is inserted out of the aforesaid Anonymous Journal in manner and form following The Judgment of the House was That Thomas Fitzherbert was by his Election a Member thereof yet that he ought not to have priviledge in three respects First Because he was taken in Execution before the return of the Indenture of his Election Secondly Because he had been Outlawed at the Queens Suit and was now taken in Execution for her Majesties debt Thirdly and lastly in regard that he was so taken by the Sheriff neither Sedente Parliamento nor eundo nor redeundo Thus far out of the aforesaid Anonymous Journal the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original Journal-Book it self The Bill concerning Clapboards and Casks which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of M r Fitzherbert had the third reading and passed upon the Question M r Attorney General and M r Doctor Carey do bring from the Lords the Bill for renewing continuing explanation and perfecting of certain Statutes lately passed this House with some Amendments and a Proviso which Bill was sent up to their Lordships from this House The Bill for necessary relief of Souldiers and Mariners was read the third time and passed upon the Question Upon a Motion made by Francis Neale Esq one of the Burgesses for the Borough of Grantham in the County of Lincoln That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn at the Suit of one Wessellen Weblen a Beer-Brewer and shewing further that he had satisfied the money due upon the said Execution but yet nevertheless in regard of the preservation of the Liberties and priviledges of this House thought it his duty to make this House acquainted with the matter and so refer and leave it to their grave Wisdoms Whereupon it was upon the Question Ordered that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow to answer their contempt accordingly Vide diem sequentem On Friday the 6 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster was upon the second reading committed unto all the Privy-Council the Knights and Burgesses of London M r Francis Bacon and others and the Bill was delivered to M r Wroth one of the said Committees who with the rest was appointed to meet this Afternoon in the Exchequer Chamber The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question The Proviso in the Bill for reviving continuing Explanation and perfecting of certain Statutes the Amendments being first read and Ordered afterwards to be inserted was three times read and they were all passed upon the question accordingly The Proviso of the Lords to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of aboad was three times read and passed upon the Question The Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion was read the third time and passed upon the Question Eight Bills which lately passed this House viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts The Bill concerning Spinners and Weavers The Bill touching Clap-boards and Casks The Bill for relief of Souldiers and Mariners The Bill concerning Devonshire Kerseys The Bill for reviving and perfecting divers Statutes with a new Proviso The Bill for restraining of Popish Recusants to some certain places of aboad And the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion were sent up to the Lords by M r Treasurer and others M r Doctor Carey and M r Powle do bring from the Lords a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and prayed from their Lordships the speedy expediting of the same Bill for that this Parliament draweth near unto an end Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh Sir Francis Drake M r Lewkenor M r Wroth M r Finch and M r Flower and the Bill was delivered to Sir Francis Drake who were appointed to meet in the Afternoon of this present day The Bill against persons Outlawed and such as will not pay their debts was read the second and third time and dashed upon the question M r Vice-Chamberlain one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Addition to the same shewed the meeting of the said Committees yesterday their long tarrying together in the end their desisting without any determinable resolutions occasioned by reason of many and sundry Arguments and opinions and afterwards somewhat intimating the unkindness of the Lords in neglecting the said Bill in this House adviseth that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered