you And I shall pray as I am bound to God for your long and prosperous Reign over us Then her Majesty called the Lord Keeper and Commanded him to Answer him which he did as followeth M r Speaker The Queens Majesty hath heard your humble Petitions and request made unto her the effect whereof she gathereth to stand in two points first for access to her person and secondly for good interpretation of your meaning and also larger Declaration thereof if need be For the former her Highness as her Noble Progenitors have done is well contented that in convenient time and for convenient Causes in convenient place and without importunity for that these parts now touched have not been afore this time so well handled as she trusteth now it shall be which considered as free access she granteth you as any other hath had For the second point because no man at all times may do so well but sometimes things may be uttered which may be mispoken for which cause in that time also you shall have her intreatable but she thinketh your circumspection to be such as she shall not therein need And so ended Now a word or two to remember you here present of both the Houses first this it is that I would advise you in this your proceeding to prefer the most weighty matters first and not trouble your selves with small matters and of no weight and therein also that all be done to understand the truth and to avoid all superfluous matters and losing or driving away of time Secondly It is profitable that you my Lords and all others that be here consider that long time requireth great expences and therefore wish you to make Expedition the rather to avoid the same And yet not meaning such Expedition that any thing needful to be done should be lightly passed over and not substantially done and seen unto but only I mean that you should settle your selves wholly to mighty matters and those which be necessary and to spare superfluous things and which needeth not And this is the sum I have to say Then the Speaker and the Knights Citizens and Burgesses of the House of Commons having made their low Reverence towards her Majesty departed to their own House and the Queen after the Lord Keeper had by her Majesties Commandment continued the Parliament unto the Morrow following returned into her Privy-Chamber and there shifted her and then repaired to her Barge and so to the Court Hactenus ex Memoriali praefato On Thursday the third day of October were three Bills read of which the last being the Bill for the better Execution of certain Statutes and for the reformation of certain disorders used in the Law was read primâ vice tunc commissa Archiepiscopo Cantuarien Duci Norfolciae Comiti Mareschall Angliae Comiti Salopiae Comiti Wigorniae Comiti Leicester Episcopo Dunelmen Episcopo Elien Episcopo Carliolen Domino Cobham Domino Grey de Wilton Domino Haistings Domino Primario Justiciario Banci Regis Domino Primario Baroni Scaccarii Scrvienti Carus Nota That this days passages are wholly transcribed out of the Original journal-Journal-Book of the Upper House as are also the greatest part of the days following although the whole proceedings of Wednesday foregoing were inserted out of the before-mentioned Anonymous memorial touching the Speakers presentment and allowance which I had by me Nota also That the former Bill touching the better Execution of certain Statutes c. was not only committed upon the first reading which is not usual till after the second but committed also to the Judges being but Assistants of the Upper House and to the Queens Serjeant being but a meer Attendant upon the same jointly with the Lords the only proper and undoubted Members of that Great Council which is a matter to be observed because of later days neither the said Assistants nor Attendant are ever appointed joint Committees with the Lords as here but only Commanded by the House to attend upon the Committee and there to give such advice as shall be required from them which is no greater respect yielded them at a Committee than in the House it self sitting the Parliament and were they still admitted to be Committees as they usually were in all these first Parliaments of the Queen yet could no inconvenience ensue thereby because at a Committee things are only prepared and made ready for the House in which and no where else they ought to be concluded and expedited And Nota lastly That the Parliament was this day continued to Saturday the 5 th day of October ensuing but whether by the Lord Keeper who as it seems at this time fell sick of the Gout or by the Lord Treasurer who for a while afterwards was appointed by the Queens Commission to continue it according to the usual form and course in such case used doth not appear in the Original journal-Journal-Book of the Upper House but is omitted through the negligence of Francis Spilman Esq now Clerk of the same House On Saturday the 5 th day of October to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for the taking away Clergy in certain Cases was read secundâ vice commissa Archiepiscopo Eboracen Duci Norf. Comiti Huntington Comiti Leicester Vice-Comiti Mountague Episcopo London Episcopo Dunelmen Episcopo Lincoln Domino Clinton Domino Morley Domino Wentworth Domino Willoughby Domino North Domino Hunsdon the two Chief Justices and the Chief Baron Nota That the Judges being meer Assistants and no Members of the Upper House were here also made joint Committees with the Lords which hath never been admitted of in later times These two Bills were read the Lord Keeper by reason of his being sick of the Gout abstaining this day and a good while aster from the Upper House and therefore William Lord Marquess of Winchester Lord Treasurer of England was Authorized by verbal Commission from the Queen to supply his place and accordingly continued the Parliament unto Monday next being the 7 th day of October the form and manner whereof although the President be very rare and of great use is only entred very briefly in the Original Journal-Book of the Upper House in these words following Hodie dictus Thesaurarius ex Mandato Dominae Reginae eò quod Dominus Custos Magni Sigilli Podagrae Morbo laboraret continuavit praesens Parliamentum usque in diem Lunae proxim horâ consuetâ Nota That here the Marquess of Winchester Lord Treasurer of England did supply the Lord Keepers place in the Upper House without any Authority given him by Commission under the great Seal which in like Cases is usual and therefore it is most probable that her Majesty did by word of Mouth give him this Commandment or Commission either in private or in the presence of some other Lords of the Upper House which although it
Merchants the Controversies which have ensued by this means amongst them and the subtile means whereby the Statute was procured without the consent of the Major or Commons by such as were put in Trust. M r Alford said that he might not speak of the Prerogative aptly for that he was not Learned in the Law but made some remembrance of what he had there seen concerning the Act of Parliament for Southampton where it appeareth that without an Act of Parliament her Majesties Letters Patents were not sufficient and therefore he prayed convenient consideration might be and that the same if it should so seem good to the House might be conjoined to the former and other Bill c. Then spake M r Cleere Sir Francis Knolles Sir Nicholas Arnold Sir Henry Norris and M r Christopher Yelverton of Grays-Inn severally to the said Bill whose Speeches being somewhat imperfectly and uncertainly set down in the before-mentioned Anonymous Journal are therefore omitted although from them and the residue foregoing the effect of this Bill may be Collected to have been for the Dissolution of certain Companies of Merchants in Bristol whom her Majesty had Incorporated by her Letters Patents and authorized them to Trade to certain places by which it was pretended that the publick and free trading of others was restrained and at last upon the Motion of M r Fleetwood That the Bill being of great weight might be further considered of by the House and the Committees be appointed at some other time it was thereupon Ordered that they should be appointed on the day following which was done accordingly Then was read the Bill for coming to Service but what reading it was appeareth not by the aforesaid Anonymous Journal nor by the Original Journal Book it self in which this said Bill is not at all mentioned but it should seem that it was the second reading because divers Speeches ensued thereupon which in respect that they concern a matter of so great moment are therefore transcribed out of the Anonymous Journal in manner and form following M r Snagg shewed at large the inconveniencies of the old Law for coming to Service for said he by the former Law it was Enacted that the Service shall not be said or Sacrament ministred in other sort than in the Book of Common-Prayer is prescribed he shewed how differently the same was used in many places from the prescribed Rule as where no part of those Prayers were observed but a Sermon and some such other Prayers only as the Minister shall think good in place thereof whereupon have great divisions discords and dislikes grown amongst and between great numbers And since it is Law that in this sort Service shall be used and that whosoever shall be at any other form of Service shall incur the penalty prescribed and that the Ministers neither do nor will do herein as they should and as is by the Law prescribed and commanded he thought the proceedings in this kind should occasion a Dilemma in mischief for by this Law if he come not he shall lose twelve pence and if he come and be present and the Service be not said according to the prescribed Rule of the Book he shall lose a hundred Marks M r Aglionby Burgess of the Town of Warwick moved the Law might be without exception or priviledge for any Gentlemen in their private Oratories this did he prove to be fit out of Plato his Laws and Cicero both prescribing for the observation of the Law an equality between the Prince and the poor Man not giving scope to the one above the other Also he remembred the Authority of Lactantius Firmianus making this only difference betwixt Man and Beast that all men do know and acknowledge that there is a God and in this respect there should be no difference between Man and Man Withall he said the more noble the Man the more good his Example may do He therefore concluded that for so much of the Law so the same might be general he was of good liking that it should pass But for the other matter concerning the receiving of the Communion he argued that it was not convenient to inforce Consciences And to that purpose he shewed the Authority of D rs which he vouched without quoting the place or sentence He said also that it was the Opinion of Fathers and Learned Men of this Land and therefore wished they might be consulted with Finally he concluded that bonae Leges è malis moribus proveniunt but no good Laws may make a good man fit to receive that great Ministry of God above This whole Speech he tempered with such discretion as in such Case was seemly And whatsoever he spake he spake the same under Correction M r Strickland standing up first prayed he might be excused for that he was to speak on a sudden and unprovided For the first He approved what M r Aglionby had said For the second he said he could not be of that mind and he vouched out of Esdras that the Church yea the Consciences of men were by the Prophet restrained withal he said Conscience might be free but not to disturb the common quiet He shewed the practice and doings of the Pope the banishment of the Arrians c. That the word of the Prince for lack of Law must not be tied The Israelites he said were constrained to eat the Pass-over And finally he concluded that it was no straitning of their Consciences but a Charge or loss of their Goods if they could not vouchsafe to be as they should be good men and true Christians M r Dalton reasoned to this effect that there could ensue no inconvenience by those two Laws which were intended to be contrary his reason was except the Service be according to the Law no man is bound to stay there no more than if he be bound to come and hear Service if there be no Service he is to forfeit his Bond. For Answer to M r Aglionby he said the matters of Conscience did not concern the Law-makers neither were they to regard the error curiosity or stiff-neckedness of the evil ignorant or froward persons For be it they did proceed orderly to the discharge of their own Consciences in making the Law let them care for the rest whom it behoveth He was of mind that Gentlemen should not be excepted for the causes aforesaid but he wished provision might be made for such as be imprisoned or cannot come for fear of Arrests He wished also that the Law might have continuance but till the end of the next Parliament These foregoing Speeches being thus transcribed out of that often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal and two other Speeches of M r Fleetwood and M r Popham of no great moment being omitted now follows some part of the next days passages out of the Original Journal-Book of the House of Commons On Thursday the 12 th day of April M r Comptroller upon
wholly omitted in the Original Journal-Book of the same so also by a like negligence are all those many and several Prorogations buried in Silence by which this Parliament was continued without Dissolution until the next meeting thereof on Wednesday the 8 th day of February in the eighteenth year of her Majesties Reign which was the second Session of this present Parliament and held about four years after the determination of this first Session by Adjournment as aforesaid so that it is very probable that there are not less than twenty several Prorogations For between that foresaid second Session in an 18 Reginae Eliz. and the third Session of this present Parliament in an 23 Reginae ejusdem which contained not above one years space more than had intervened between the two former Sessions there passed at least twenty five Prorogations as doth plainly appear in the end of the Original journal-Journal-Book of the Upper House in the said Session of Parliament de an 18 Reginae praedict where they are for the most part set down either abstractedly or at large And lastly As touching the great business of the Scottish Queen so much and so long agitated in both Houses it did at this time receive no period or conclusion but in this Session of Parliament in an 14 Reginae Eliz. an Act passed both Houses against her and lastly in the Parliament de an 28 29 Reginae ejusdem she was a little before her Execution at Fortheringhay-Castle in Northamptonshire Condemned to be Worthy of Death by the Vote of both the said Houses of Parliament THE JOURNAL OF THE House of COMMONS A Journal of the Passages of the House of Commons in the Session of Parliament bolden at Westminster An. 14 Reginae Eliz. A. D. 1572 which began there on Thursday the 8 th Day of May and then and there continued until the Adjournment thereof on Monday the 30 th and last Day of June next ensuing THIS Journal of the House of Commons containeth in it not only many good passages touching the ordinary reading committing and expediting of Bills but is plentifully stored also with the frequent agitation and discussion of that great business touching the Scottish Queen whose practices not only with Thomas Howard Duke of Norfolk but also with the Foreign Enemies of her Majesty for the destruction and Invasion of the Realm are notably described which also is much enlarged out of a written Copy I had by me of such reasons as were conceived in the House of Commons for her speedy Execution and of the Petition also preferred to her Majesty to the same purpose which said Reasons and Petition being not found in the Original Journal-Book of the House of Commons I have therefore to avoid confusion distinguished by an Annotation or Animadversion from that of the Journal it self where it hath in its due place been inserted There passed also in this said Session a Bill against the said Queen of Scots which is falsly referred in divers Copies thereof to the 23 th year of her Majesty On Thursday the 8 th day of May this first Session of the fourth Parliament of her Majesties Reign beginning at Westminster The Right Honourable the Earl of Lincoln High Admiral of England and by her Highness appointed Lord Steward for this present time came to the Lower House of Parliament accompanied with divers others of her Majesties most Honourable Privy-Council viz. Sir Francis Knolles Knight Treasurer of her Highness most Honourable Houshold Sir James Crofts Knight Comptroller of the same Sir Ralph Sadler Knight Chancellor of her Majesties Dutchy of Lancaster and Sir Walter Mildmay Knight Chancellor of her Highness Court of Exchequer And did then and there minister the Oath unto all the Knights Citizens Burgesses and Barons then and there Assembled The said Earl of Lincoln Constituting and Authorizing the said Sir Francis Knolles Sir James Crofts Sir Ralph Sadler and Sir Walter Mildmay to be his Deputies in and for the more speedy ministration of the said Oath according to the Statute in that behalf lately made and provided unto all such others of the said Knights Citizens Burgesses and Barons as should happen afterwards to appear upon any return during this present Parliament This day Robert Bell of the Middle-Temple London Esq was Chosen Speaker for this present Parliament But whether her Majesty were this day in Person in the Upper House or by what Authority from her said Highness the said Speaker was Elected cannot possibly be gathered out of the Original Journal of the said Upper House or that of the House of Commons but elsewhere it appears the Lord Keeper gave them Authority in the end of his Speech on Thursday foregoing On Saturday the 10 th day of May M r Speaker was by the House presented to the Queens Majesty and of her Highness well accepted and allowed who after his Oration made and the Ordinary Petitions granted repaired to the House of Commons and being set in the Chair received the Oath After which according to the usual form was read The Bill concerning Bayles to be taken in the Court of Common-Pleas was read the first time On Monday the 12 th day of May Four Bills of no great moment had each of them their first reading of which the third being the Bill for Proclamations to be made in Parish Churches and Chappels before Outlawries was committed unto M r Gent M r Robert Snagg M r Fenner M r Humberston M r Flowerdue M r French and M r Boyes who were appointed to meet this Afternoon at two of the Clock in the Temple Church The Lords did send Sir Richard Read and M r D r Huick to require M r Speaker and this whole House forthwith to make their repair unto their Lordships in the Upper House and upon their repair thither the Lord Keeper signified unto them that the Queens Majesties Pleasure is that twenty one of the said Upper House and forty four of this House should meet to Morrow in the Morning at eight of the Clock in the Star-Chamber then and there to consult and deliberate upon matters concerning the Queen of Scots Whereunto were appointed of this House M r Treasurer M r Comptroller M r Chancellor of the Dutchy M r Chancellor of the Exchequer My Lord Deputy of Ireland Sir Maurice Berkeley Sir Hugh Pawlet Sir Thomas Scott Sir Owen Hopton Sir Nicholas Arnold Sir John Thinne Sir Hen. Gate Sir Rowland Hayward M r Doctor Wilson M r Attorney of the Dutchy M r Recorder of London M r Serjeant Manwood M r Serjeant Geffry M r Mounson M r Sands M r Popham M r Yelverton M r Coleby M r Heneage M r Charles Howard M r Hatton M r Asteley M r Shute M r Hen. Knolles Sen. M r Hen. Knolles Jun. M r Peter Wentworth M r Sampole M r Norton M r William Moor. M r John Vaughan M r Tho. Randall M r John Vaughan of Caermarthen M r Greenfield Sen. M r Charles Somerset M
London And the ninth and last being for preservation of Spawn and Fry of Fish was read the first time A Proviso to be annexed to the Bill for the Supremacy was read prima secunda vice commissa ad ingrossandum vide touching the said Bill and Proviso on Saturday the 29. day of this Instant April ensuing The Bill for the restitution of Gregory Fynes was read prima secunda tertia vice communi omnium Procerum assensu conclusa and it was then presently delivered to Sir Richard Read and the Clerk of the Crown to be carried down to the House of Commons ☞ Quod nota The Parliament continued till Wednesday the 26 th Day of April And then the Bill for Shipping in English Bottoms and the Bill to make good Leases Grants of Offices and Copyhold Lands made by Nicholas Ridley late Bishop of London were each of them read Prima vice The Bill restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same with a Proviso added thereunto by the Lords were read tertia vice conclus dissentientibus Archiepiscopo Eboracen Vicecomite Mountague Episcopo Londin Episcopo Elien Episcopo Wigorn. Episcopo Landaven Episcopo Coven Episcopo Oxon. Episcopo Cestren Episcopo Carlcolen ac Abbate de Westminster commissae Magistro Weston servienti ad Legem Attornato Dominae Reginae ad Communes deferend ☞ Nota That all these Bishops except the Bishop of Ely did oppose the passing of a former Bill much to this effect and purpose on Saturday the 18. day of March foregoing although with as little success to hinder the passing of the Bill then as now and yet how little reason these Popish Bishops had thus stifly and obstinately to resist the passing of this Bill doth fully appear by my Animadversion which I have caused to be entred at large Quam vide in dicto 18. die Martii vide also how these two Bills hapned to pass both the Houses to one and the same purpose in another of my Animadversions which I have caused to be inserted on Saturday the 29. day of this Instant April ensuing The Bill lastly for the Uniformity of Common Prayer and Service in the Church and Administration of the Sacraments was read prima vice And then the Parliament continued till two of the Clock in the Afternoon of the same day about which hour in the Afternoon the Lord Keeper and divers other Lords meeting six Bills of no great moment had each of them one reading of which the second being the Bill for Shipping in English Bottoms The third touching buying and selling of Horses within a certain time The fourth touching Frizes called Pagaments And the last to make Good Leases Grants of Offices and Copyhold Lands by Nicholas Ridley late Bishop of London were each of them read secunda vice but no mention is made that they were either to be referr'd to Committees or Ordered to be ingrossed because they had been sent from the House of Commons on Tuesday the 25. day of this instant April foregoing And then the Parliament continued till next day at nine of the Clock in the Morning at which time the Bill for buying and selling of Horses within a certain time and the Bill for Shipping in English Bottoms were read tertia vice conclusae The Bill touching Frizes called Pagaments was read tertia vice reject a. The Bill lastly touching the reviving of the Act for killing of Rooks and Crows and the Bill for the Uniformity of Common-Prayer and Service in the Church and the Administration of Sacraments were each of them read the second time Three Bills were brought up to the Lords from the House of Commons of which the first was For the searching of Woollen-Cloth The second whereby the use and practice of Enchantments Witchcraft and Sorcery is made Felony And the last being the Bill to continue the Act made against Rebellious Assemblies was read the first time The Parliament continued till Friday the 28. day of April at nine of the Clock And then three Bills of no great moment had each of them one reading of which the third being the Bill to continue an Act against Rebellious Assemblies was read the second time The Bill for the Uniformity of Common-Prayer and Service in the Church and the Administration of Sacraments was read tertia vice conclusa dissentientibus Archiepiscopo Eborac Marchione Winton Comite Salop. Vicecomite Mountagne Episcopis Londin Elien Wigorn. Landaven Coven Exon. Cestren Carleol ac Dominis Morley Stafford Dudley Wharton Rich and North vide Apr. 29. Two Bills were brought up to the Lords from the House of Commons of which the first was the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same with a new Proviso added thereunto by the Commons which see in principio diei sequentis And the second of the said Bills was limiting time for laying on Land Merchandizes from beyond the Seas and touching Customs for sweet Wines The Parliament continued till Saturday the 29. day of April at nine of the Clock in the Forenoon on which day a Proviso annexed by the Commons to the Bill for restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual and abolishing all Foreign Power repugnant to the same was read tertia vice conclusa but it rather seemeth that this Proviso had at this time three readings and so passed and 't is very probable that either the Bishops having had so ill success in opposing this Bill on Wednesday the 26. of this Instant April foregoing did now forbear to oppose the passing of the new Proviso added unto it or else that the Clerk was mistaken in the entrance of it for it seems here by the Original Journal Book that this Proviso passed nullo dissentiente ☞ Nota That this Proviso here named to have passed the House this day was part of that Bill for the Supremacy to which her Majesty gave her Royal Assent And is the first Statute Printed inter Statuta an 1. Regin Eliz. And it is as true that there was a former Bill touching the Supremacy which the two Houses laboured long about although it seemeth it came afterwards to nothing And the Bill to which this foregoing Proviso was annexed was received in its stead Yet because the mature deliberation and long debatement of the two Houses therein may appear it will not be amiss to make some observation upon it for the said former Bill having first past the House of Commons as appears by the Original Journal Book thereof fol. 193. b. on Saturday the 25. day was sent up to the Lords on Monday the 27. day of February foregoing and had with them its first reading on Tuesday the 28. day of the same Month And on Monday the 13. day of March the said Lords
having given it a second reading did notwithstanding that it had passed the House of Commons refer it to divers Committees there named who did it seems add divers Provisoes thereunto containing the substance of a new Bill to be annexed to the old Bill and which with it made but one Act or Statute and had its first reading on Wednesday the 15. day and its second reading on Thursday the 16. day of the same Month and on Saturday the 18. day thereof Also both the old Bill sent up from the House of Commons and the Provisoes and Amendments annexed unto it in nature of a new Bill were tertia vice lect and passed the Lords notwithstanding the malitious opposition of divers Popish Bishops although this Bill did upon the matter declare no more than the Antient Kings of this Realm had always aimed at which said new Provisoes and Amendments being in the nature of a new Bill were the same day sent down to the House of Commons with their old Bill where the said Provisoes and Alterations added by the Lords had their first reading on Monday the 20. day their second on Tuesday the 21. day and their third on Wednesday the 22. day of the aforesaid March preceding and the said old Bill touching the Supremacy with those new provisions and alterations annexed to it and now passed also by the House of Commons were the same Forenoon returned up again unto their Lordships with a new Proviso added by the said Commons thereunto which said new Proviso was then read also prima secunda tertia vice and passed in the Upper House But whether the many new Additions and Alterations in this foregoing Bill had made some confusion in it or that the House of Commons disliked that their Bill formerly passed with them had received so much reformation in the Upper House or for what other cause I know not most certain it is that they had no desire the said former Bill should be made a perpetual Law by her Majesties Royal Assent and thereupon they framed a new Bill to the like purpose in which I suppose they included also the substance of all the Additions Provisoes and Amendments which the Lords had annexed to their former Bill which had its first reading in the House of Commons as appears by the Original Journal Book of the same House fol. 207. a. on Monday the 19. day of this Instant April being thus intituled much differing from the title thereof here annexed or after added before the Printed Statute viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm and for the Oath to be taken by spiritual and temporal Officers After which it had its second reading on Wednesday the 12. day and its third reading on Thursday the 13. day of the same Month where also it is entred with this new title viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm and abolishing Foreign Power And in the inner Margent of the said Journal Book fol. 203. a. over against the beginning of the said title is written Judicium Assent which sheweth that upon the said third reading it passed the House after which on the next day following being Friday it was with three other Bills sent up to the Lords And on Saturday the 15. day of the said April it was read prima vice in the Upper House And on Monday the 17. day thereof next ensuing it was read there secunda vice and thereupon committed to divers Peers as the former Bill in this great and important cause had been before referr'd to Committees on Monday the 13 th day of March preceding although it had been sent up from the Commons and had passed their House in such manner and form as the present Bill had been passed by them And as to that said former Bill so to this also as it is easie to be gathered did the Lords Committees make some addition although but of one new Proviso which was read prima secunda vice on Tuesday the 25 th day of this Instant April after which both the Bill it self and that new Proviso had their third reading and passed the Upper House on Wednesday the 26 th day of the same Month and the said Bill with the said new Proviso written in Parchment were at the same time sent down to the House of Commons by Serjeant Weston and the Queens Attorney where the said new Proviso added by the Lords was passed and the Bill returned again from them unto their Lordships on Friday the 28 th day of this Instant April with another new Proviso added by them although through the great negligence of ..... Scymour Esq now Clerk of the same House there be no mention at all of the sending down of the said Proviso passing it or adding of the new Proviso but only of the returning the same to the Lords Apr. 27. in the Original Journal Book of the same House To 〈◊〉 new Proviso also it should seem the 〈◊〉 gave three readings this present day and so passed it And it is probable that it happened only through the error of Francis Spilman Esq Clerk of the Upper House that the said Proviso is set down to have been read only tertia vice this Instant Saturday the 29 th day of April The Bill also limiting the times for laying on Land Merchandizes from beyond the Sea and touching the Custom of Sweet Wines and the Bill for the continuance of certain Statutes were each of them read prima vice The Bill touching Hexham and Hexhamshire in the County of Northumberland and the Bill whereby the use or practice of Inchantments Witchcrafts and Sorceries is made Felony were each of them read secunda vice Three Bills were brought up to the Lords from the House of Commons of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid is thus intituled viz. An Act for Uniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments conclus which doubtless was so entred through the negligence of Francis Spilman Esq at this time Clerk of the Upper House For it is plain that no such Bill was remaining at this time in the House of Commons and that only two other Bills the one to annex to the Crown certain Religious Houses c. and the other touching the Garbling of Feathers c. were sent up by Mr. Vicechamberlain as is there set down fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House For this Bill touching the Unity of Service in the Church c. was passed in the House of Commons upon the third reading on Thursday the 20 th of this Instant April foregoing as appears by the Original Journal Book of the same fol. 210. a. and was from thence sent up to the Lords on Tuesday the 25 th day and was read prima vice
Winchester to the Patentees of King Edw. VI. was read the second time and thereupon Ordered to be ingrossed The new Provisoes from the Lords in the Bill for the First-fruits were read the first time and the Proviso from the Lords in the Bill of Treasons was read the third time and passed the House The Bill for allowance of Sheriffs for the Justices Diets and the Bill for the Restitution in Blood of Robert Rudston were each of them read the third time and passed the House The Bill for thicking of Caps in Mills was read the third time and upon the question was dashed The Bill lastly for renewing one of the Fairs at Linn Regis and the Bill for the new Parish Church of Abernant in Wales were each of them read the third time and passed the House Robert Buxton Burgess of Brembre in Sussex was Licensed to be absent for the Duke of Norfolks Affairs On Friday the 17 th day of March the Bill for the Shipping of Woollen Cloaths of 5 l 10 s over the Sea The Bill for Artificers in Kent and Sussex And the Bill against carrying over Sea of Leather Hides or Tallow to be Felony were each of them read the second time and Ordered to be ingrossed The Bill that no persons shall be punished for using the Religion used in King Edwards last Year was read the first and second time and Ordered to be ingrossed And the Bill that Licenses shall be good but during the Princes Reign was read the second time and Ordered likewise to be ingrossed The Bill for true Answering of Customs and unlading of Goods in the day time was read the first time and as it should seem referr'd to M r Chancellor to be considered Three Bills lastly of no great moment had each of them one reading of which one being the Bill for the Jointure of the Dutchess of Norfolk and another against seditious words and rumours against the Queen had each of them their third reading and passed the House On Saturday the 18 th day of March the Bill against buying of Horses to sell shortly again And the Bill for the Assizes to be kept in the Town of Stafford were each of them read the second time and thereupon Ordered to be ingrossed Two Bills of no great moment had each of them one reading of which one being the Bill against unlawful Assemblies was read the first time and as it should seem committed to M r Smith to consider of it Three Bills lastly had each of them their third reading of which one being the Bill for Assurance of divers Mannors late parcel of the Bishoprick of Winchester to King Edward the Sixths Patentees was upon the Question passed the House The Bill for the Supremacy was brought from the Lords by M r Attorney to be reformed Vid. concerning this Bill on Thursday the 27 th of April ensuing John Malock Burgess for Linne and Robert Moone Burgess for Britport for their several Affairs have Licence to be absent On Monday the 20 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill touching the Assizes and Gaol-Delivery was read the third time and passed the House and was presently sent up to the Lords with divers others by M r Vice-Chamberlain The Bill that the Queen shall make Rules for Colledges and Schools was read the second time and ordered to be ingrossed And the Bill for continuance of the last Act for Rebellions was read the first time The Proviso sent from the Lords with the Bill of First-Fruits was read the second time And the Proviso and Reformation in the Bill of Supremacy was read the first time de qua vide on Thursday the 27 th of April ensuing On Tuesday the 21 th day of March two Bills of no great moment had each of them one reading of which the second being the Bill for Tanning and selling of Tann'd Leather was read the first time The Bill against unlawful Assemblies was read the second time and ordered to be ingrossed And the Proviso and Reformation in the Bill touching Supremacy was read the second time Two Bills also had each of them one reading of which one being the Bill that the Queens Majesty shall make Orders in Collegiate Churches was read the third time and passed the House and was sent up to the Lords by M r Vice-Chamberlain and others The new Bill against Cancelling of Records by Warrant or otherwise was read the first time Two Bills also had each of them their second reading of which one was the Bill to make lawful the Deprivations of the Bishops of London Winchester Worcester and Chichester in the time of King Edward the VI. The Bill that the Queens Highness shall Collate or appoint Bishops in Bishopricks being Vacant was read the first and second time and thereupon Ordered to be ingrossed On Wednesday the 22 th day of March the Bill to continue the Act for Rebellious Assemblies The Bill for Collating of Bishops by the Queens Highness and without Rites and Ceremonies And the Bill for Tanners and selling of Tann'd Leather were each of them read the third time and passed the House and were sent up to the Lords by M r Comptroller The Provisoes and Additions by the Lords in the Bill of Supremacy and the Provisoes from the Lords in the Bill of First-Fruits were read the third time and passed the House Four other Bills lastly of no great moment had each of them one reading of which the last was the Bill to revive the Act against Carriage of Horses into Scotland and was read the third time and passed and was with three others sent up to the Lords by M r Chancellor of the Dutchy On Thursday the 23 th day of March it was reported to this House by ..... one of the Burgesses that Mr. Story had not well used himself being a Member of this House to go before the Lords and be of Counsel with the Bishop of Winchester against the Patentees which by the House was taken to be a fault Whereupon M r Story excused himself by ignorance of any such Order And nevertheless had since considered of it and doth acknowledge it not to be well done and therefore required the House to remit it which willingly by the House was remitted Vide touching this business on Wednesday the first day Friday the third Saturday the fourth and on Monday the Sixth day of this instant March foregoing On Friday the 24 day of March for weighty Affairs to be done in this Parliament according to the Example of the Upper House this Court of the House of Commons is according to former Presidents Adjourned until Monday the third day of April next coming But upon what occasion the House of Commons was this day Adjourned doth not at all appear in the Original journal-Journal-Book of the same House but most probable it is that it was by reason of a disputation had and agitated this
and there seemeth to be but one direct President of it which is entred in the Original Journal-Book de An. xxv Henr. 8. die Mercurii 4 die Februarii in these words viz. Hodie Dominus Cancellarius co quod die crastino Domini circa ardua negotia in Camerâ Stellatâ consultaturi Domini spirituales die Veneris in convocatione convers fuerint ex consensu totius Domus continuavit hoc praesens Parliamentum in diem Sabbati horâ consuetâ By which President also it may be plainly collected that the House did sometimes forbear sitting on Convocation Days when the Lords Spiritual were absent Of which also there is another President in the Original Journal-Book of the Upper-House de an 7 Hen. 8. die 30 Novembris where it is thus entred Dominus Cancellarius propterea quod Domini spirituales in Convocatione crastino die occupandi sunt continuavit praesens Parliamentum usque ad diem Lunae But notwithstanding these Presidents it is plain that the other Lords may sit if they please on Convocation days or Star-Chamber-Days For as touching the first it is plain by the Original Journal-Book de an 1 Hen. 8. that the Temporal Lords sat every Convocation Day though they did no other business than receive Bills from the Commons And for the second there is an Excellent President tempore Jacobi Regis to prove that the Lords of the Upper-House are not bound to observe Star-Chamber-Days though usually they do for it appears plainly by the Original journal-Journal-Book de an 18 Regis ejusdem die Martis 24 die Aprilis that upon a motion made that day unto the House that there was a great Cause in the midst of hearing to be heard in the Star-Chamber the day following being Wednesday the Lords were contented to forbear sitting that day but withal it was provided that it should not be drawn into a President but that the House being the supream Court may sit upon any Star-Chamber day notwithstanding the absence of such Lords as do use to attend that Court And accordingly the House was Adjourned unto the next day being Wednesday in the Afternoon And the next Star-Chamber Day being Friday the 26 th day of April the House did sit both in the Forenoon and in the Afternoon Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 28 th day of January the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Sabbati hora nona On Saturday the 30 th day of January the Bill for Assurance of certain Lands assumed by the Queens Majesty during the Vacation of Bishopricks was read secunda vice although not mentioned through the negligence of the Clerk commissa Archiepiscopo Eboracen Duci Norfolciae Marchion Northampton Comiti Salop. Comiti Derby Comiti Rutland Comiti Huntington Comiti Bedford Comiti Pembroke Episcopis London Dunelm Winton Hereford Elien Domino Clinton Admirallo Domino Howard de Effingham Camerario Domino Dacres de Gillesland Domino Lumley Domino Rich Domino Willoughby Domino Hastings de Loughborough Domino Hunsden ac dnobus primariis Justiciariis Primario Baroni Scaccarii Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords see also a like President on Tuesday the 26 th day of this Instant January foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona On Monday the first day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Mercurii prox hora nona On Wednesday the 3 d of February the Lords also Assembled but nothing was done save only the Parliament continued by the Lord Keeper usque ad diem Sabbati prox hora nona On Saturday the 6 th day of February to which day the Parliament had been on Wednesday last continued a Bill against forging of Evidences and Writings was read the first time On Monday the 8 th day of February the Bill against forging of false Deeds and Writings was read the second time commissa ad ingrossand On Tuesday the 9 th of February the Bill touching Pewterers was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 11 th day of February the Bill against forging of false Deeds and Writings was read tertia vice conclusa and sent down to the House of Commons by the Queens Attorney and Sollicitor On Monday the 15 th day of February to which day the Parliament had been on Thursday last continued The Bill touching Fines to be levyed in the County Palatine of Durham The Bill against carrying over Sea of Sheep Skins and Pelts not being Staple Ware And the Bill to revive certain Statutes Repealed for Servants robbing their Masters the punishment of the Vice of Buggery against fond and phantastical Prophecies and for the punishment of Invocation of evil Spirits Inchantments Witchcrafts and Sorceries were brought from the House of Commons and each of them read prima vice Two Bills also had each of them their first and second reading of which the latter being the Bill for the Restitution in Blood of Thomas Brooke William Cromer and Cutbert Vaughan and others commissa fuit Domino primario Justiciario Com. Placitor On Tuesday the 16 th day of February the Bill for Restitution in Blood of Anne Thomas The Bill for Restitution in Blood of the Heirs of Thomas Isely And the Bill for Restitution in Blood of Thomas Diggs were each of them read primâ secundâ tertiâ vice conclus and were with two others sent down to the House of Commons by Serjeant Carus and the Queens Attorney Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hora nona On Wednesday the 17 th day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued by the Lord Keeper in usual Form usque in diem crastinum hora nona On Thursday the 18 th day of February the Bill touching Fines to be levied within the County Palatine of Durham and the Bill against carrying of Sheep Skins and Pelts over the Seas not being Staple Wares were each of them read tertia vice conclusae On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time The Bill for Assurance of certain Lands to Sir Francis Jobson was read the first time whereupon the Lords took Order that the Learned Counsel
Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Lunae prox October the 27 th Sunday On Monday the 28. day of October Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench supplying the place of the Lord Keeper at this time sick of the Gout as is before-mentioned with divers other Lords Spiritual and Temporal met in the Upper House but nothing appeareth to have been done in the Original Journal of the same House only the continuance of the Parliament unto Wednesday next following On Wednesday the 30. day of October Two Bills of no great moment had each of them one reading of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good lawful and perfect was read secundâ vice The Lords whose names are here next after written were appointed to have Conference with a setled number of the House of Commons touching Petition to be made to the Queens Highness as well for the Succession as for her Marriage viz. The Archbishop of York The Lord Treasurer The Duke of Norfolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmorland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Worcester The Bishop of Lincoln The Bishop of Rochester The Bishop of Coventry and Lichfield The Lord Admiral The Lord Chamberlain The Lord Morley The Lord Cobham The Lord Grey The Lord Wentworth The Lord Windsor The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough The Lord Hunsdon It should seem that the Lords had intended at first to have appointed but thirty of themselves to have joined with the House of Commons about the foresaid Treaty or Conference to be had between them touching the said great matters of Succession and Marriage however it fell out afterwards as appeareth by the names above set down that they appointed more for it appeareth plainly by the Original journal-Journal-Book of the House of Commons although there be no mention at all of it in that of the Upper House that the Lords did this day send down word unto the House of Commons by M r Serjeant Carus and M r Attorney that they had Chosen thirty of themselves to consult and confer with a Select Committee of the said House touching the foresaid great business touching which see more on Tuesday the 5 th day of November following Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 31 th day of October the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect Commissa est to the Chief Justice of the Common-Pleas Justice Southcote and Attorney General The Bill for annexing of Hexamshire to the County of Northumberland was read secundâ vice The House of Commons appointed Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Majesties Vice-Chamberlian Sir William Cecill her Highness Chief Secretary Sir Ambrose Cave Knight Chancellor of her Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council and divers other Members of the House of Commons to have Conference with the Lords aforenamed whose names see on yesterday foregoing touching those two great matters of the Succession and Marriage to be dealt in by Petition to her Majesty As see more at large upon to Morrow ensuing in the Afternoon Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Martis 5 die Novembris prox On Tuesday the 5 th day of November the Bill for the annexing of Hexamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham was read tertiâ vice communi omnium Procerum assensu conclusa The Nobles under-named were appointed to wait on the Queens Highness this Afternoon with thirty of the House of Commons by her Highness special Commandment The Archbishop of York The Lord Treasurer The Duke of Norsolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmerland The Earl of Shrewsbury The Earl of Worcester The Earl of Huntingdon The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Duresm The Lord Clinton Lord Admiral The Lord Howard of Effingham Lord Chamberlain The Lord Morley The Lord Lumley The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough and The Lord Hunsdon Dominus Capitalis Justiciarius continuavit praesens Parliament usque in diem Crastinum hora consueta But there is no mention at all in the Original journal-Journal-Book of the Upper House to what end or purpose the Lords above-mentioned with those thirty Members of the House of Commons repaired to her Majesty which doubtless fell out by the great negligence in a matter of so great weight of Francis Spilman Esq Clerk of the Upper House and therefore I have thought fitting and necessary to supply it at large partly out of the Original journal-Journal-Book of the House of Commons and partly out of other several Manuscript Memorials I had by me all which in their proper place I have particularly vouched It is therefore in the first place to be noted as fit matter of preparation to that which follows that these two great matters touching her Majesties Marriage and the Declaration of a certain Successor were agitated in the House of Commons in the first Session of this present Parliament in An. 5 Regin Eliz. and thereupon the greatest part of the said House with Thomas Williams their Speaker did prefer a Petition to her Majesty upon Thursday the 28 th day of January in the said fifth Year of her Majesties Reign by her Allowance in which having humbly supplicated her Majesty to Marry or in default of Issue of her own Body to declare a certain Successor they received a gracious Answer But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen and finding nothing to have been acted by her Majesty in either kind but that she remained still a Virgin without all likelyhood of Marriage and that the Succession of the Crown depended upon great uncertainties some holding the Queen of Scots to have best Right others the Countess of Lenox being the Daughter of Margaret of England by Archibald Douglass Earl of Anguisse her Second Husband and others also argued very strongly for Catherine Countess of Hartford being the Daughter and Coheir of Henry
more in Kingdoms as it plainly appeareth by the two Kingdoms of Israel and Judah Unto the Kingdom of Judah containing but two Tribes or thereabouts God gave Lineal Succession by Descent of Kings and therefore it continued a long time The Kingdom of Israel containing ten Tribes or thereabouts often destitute of lawful Heirs the one half of the people following the one and the other half following the other by Wars and Seditions being weakned came soon to ruine as plainly appeareth by the third and fourth Book of Kings And again in the time of the Judges because there was no ordinary Succession the people were often-times overcome and carried into Captivity Besides it is plain by the Scriptures that Godly Governors and Princes as Fathers of their Countries have always been careful to avoid the great evil that might ensue through want of limitation of Succession therefore Moses did enjoin Joshua to be his Successor and David his Son Solomon whereby a Sedition was appeased begotten by Adonijah of this there be many Examples Further seeing it may be easily gathered by Experience of all Ages past that Civil Wars effusion of Christian Blood and consequently ruines of Kingdoms do follow where Realms be left without a certainty ofSuccession and your Majesty is also informed of the same and sued unto for redress if therefore now no sufficient remedy should be by your Highness provided that then it should be a dangerous burthen before God to your Majesty and you were to yield a strict account to God for the same considering you are placed as the Prophet Ezechiel saith in Altissimo speculo of this Common-Wealth and see the Sword coming and provide no remedy for the defence of it Lastly The Spirit of God pronounceth by the Mouth of S t Paul to Timothy that whosoever maketh no due Provision for his Family is in very great danger to Godward and also by the Mouth of S t John that whosoever seeth but one Brother in necessity and doth shut up the Bowels of Pity and Compassion from him hath not the Love of God remaining in him whereby it is plain and manifest how fearful a thing it were if this whole Realm containing so many Families were not in a perillous Case upon their Suit provided for or if the Bowels of Mercy should be shut up from so many thousands which every way were like to fall into most extream miseries if God should call your Highness without certainty of Succession which we pray to God may never happen Most Excellent Princess the places of Scriptures containing the said threatnings be set forth with more sharp words than be here expressed Thus most Gracious Soveraign your Lords and Nobles both Spiritual and Temporal have as briefly as they can first shewed to your Majesty how diversly they take themselves bound to make these their humble Petitions unto you And then what their Petitions be And after that what reasons for Worldly respects and what by the Scriptures and for Conscience sake have moved them thus to do which here upon their Knees according to their bounden Duty they most humbly and earnestly pray your Majesty to have consideration of in time and to give them such favourable and comfortable Answer to the same that some good effect and conclusion may grow before the end of the Session of this Parliament the uttermost day of their greatest hope whereby this Common-Wealth which your Highness found to be lateritia as Augustus did his and by your great Providence is now come to be marmorea shall not for want of performing this if God shall call your Highness without Heir of your Body be in more dangerous Estate and Condition than ever it was that any man can remember True it is that this Suit is made by my Lords not without great hope of good success by reason of the Experience that they have had of your bountiful goodness shewed to them and the rest of your loving Subjects divers and sundry ways since the beginning of your Reign which they pray to God long to continue to his Honor with all Felicity The Petition of the Lords being thus set down of which it cannot be absolutely and undoubtedly determined whether it were preferred this day or no Now in the next place must follow her Majesties Answer which was without all doubt given this Afternoon to the before-mentioned Lords and those other thirty Members of the House of Commons yet there is no mention at all thereof either in the Original journal-Journal-Book of the Upper House or in that before-cited Memorial or Diary of the greatest part of the passages of her Majesties Reign collected and set down by Sir William Cecill at this time her Majesties Principal Secretary and therefore the greatest light of it being gathered out of the Original Journal-Book of the House of Commons containing the agitations of this Session of Parliament de An. 8 Regin Eliz. fol. 266. A. where on the Forenoon of the next day ensuing this Afternoon being Wednesday and the 6 th day of this instant November report thereof was made to the said House by Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill her Highness Principal Secretary above-mentioned it doth plainly appear that touching her Marriage her Majesty gave them some hope of it but excused her self in not declaring a Successor in respect of the great danger thereof and therefore comparing this with that which M r Camden hath set down touching this Answer in Annal. Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 101 102. it may very well be gathered and it is most likely that that Answer of her Majesty of which I had a Copy by me being erroniously placed as that also of Sir Robert Cottons is in the first Volume of his Parliamentary Journals being very imperfect and fragmentary amidst the passages of the Parliament of the fifth year of her Majesties Reign that that Copy I say contains the Answer which her Majesty gave at this time to the before-mentioned Lords and others being as followeth save only that through often transcribing without comparing it should seem it is somewhat defective SInce there can be no duer Debt than a Princes word to keep that unspotted for my part as one that would be loth that the self same thing that keepeth Merchants Credit from craze should be the cause that a Prince's Speech should merit blame and so their honor quail Therefore I will an Answer give and this it is The two Petitions that you presented me which must doubtless relate to the two several parts of one and the same Petition viz. the Marriage and the Succession and might not improperly be so called though couched in one Body and as the words also following do in manner explain it expressed many words which contained in sum these two things as of your cares the greatest My Marriage and my Succession Of which two I think the last best to be touched and of
the Privy-Council being Members of this House and divers others to repair unto the Lords this Forenoon which they performed immediately But their names being very negligently omitted by Mr. Seymour at this time Clerk of the House of Commons in this Original Journal-Book of the said House are therefore supplied out of that of the Upper House being as followeth Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Highness Vice-Chamberlain Sir William Cecill her Majesties Chief Secretary Sir Ambrose Cave Knight Chancellor of her Highness Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council Sir Thomas Wroth the Master of the Rolls Sir Nicholas Throckmorton Sir Morrice Berkely Sir Peter Carew Sir John Chichester Sir Thomas Gargrave Sir Henry Nevill Sir Nicholas Arnold Sir Henry Ashelie Sir John Pollard Sir John Perrott Sir Gabriel Carew Sir Thomas Gerrard Sir William Chester Sir John White Sir John Sellinger Sir John Constable Sir ..... Haistings Sir John Moor Sir John Southwrote Sir John Thinn Sir G. Turpin Sir Henry Gates Sir Robert Wingfeild Sir Henry Cheyney and Sir Arthur Champernown Knights Mr. Seckford Mr. Bell Mr. Mounson Mr. Dalton Mr. Colbie Mr. Kingsmill Mr. Mollineux Mr. Mersh Mr. Prat Mr. Norton Mr. Robert Newdigate Mr. Strickland Mr. Wray Mr. Sands Mr. Recorder Mr. William Fleetwood Mr. Mountgomery Mr. Thomas Fleetwood Mr. Heneage Mr. Bartue Mr. Alford Mr. Henry Knolles Sen. Mr. Hasset Mr. Hawtry Mr. John Haistings Mr. Ashbie of the Jewel-House Mr. Colly Mr. William Moor Mr. Hilliar Mr. Knight Marshall Mr. Robert Manners Mr. Barkham Mr. Francis Newdigate Mr. Warncomb Mr. Francis Brown Mr. Dunch Mr. Withers Mr. Robert Bowes Mr. Awberry Mr. Haddon Mr. Edward Leighton Mr. Young Mr. Charles Howard and Mr. Wilson Esquires The Names of these Committees being thus transcribed out of the Original Journal-Book of the Upper House now follows the Issue of their said meeting and Conference with the Lords out of the Original journal-Journal-Book of the House of Commons which was that after they had returned thanks unto their Lordships for their readiness to join with them in their Suit unto her Majesty touching those two great businesses of her Marriage and the Declaration of a Successor their said Lordships Answer was that on Saturday next in the Afternoon they would confer with them the said Committees of the House of Commons in the Utter or Outward Parliament Chamber The House Adjourned it self until Monday next ensuing being the 4 th day of November and the Committees before-named were appointed to meet in the mean time on Saturday Morning to agree upon such reasons as they might offer to the Lords in the Afternoon of that day to be presented unto her Majesty to perswade and induce her to Marriage or at least to the Declaration of a Successor But what the Issue of the Conference was between the Committees of the Lords and Commons doth no where appear in the Original journal-Journal-Books of the Upper and Commons House but it may bevery probably conjectured that upon their meeting it was agreed that the Commons should not at all at this time prefer any Petition unto her Majesty touching the said great businesses because they had already perform'd it in the first Session of this Parliament in An. 5 Regin Eliz. on Thursday the 28 th day of January in anno praedicto and that thereupon now the Lords only should sue unto her Majesty in the foresaid great matters if the said Upper House should allow thereof Which resolution as it should seem was accordingly approved and put in Execution as is very probable upon Tuesday the 5 th day of November following Ut vide ibidem On Monday the 4 th day of November to which day the House of Commons had Adjourned it self on Thursday the 31 th day of October foregoing Three Bills had each of them one reading of which the first being the new Bill for the Alneagers Fees of Lancashire and for the length breadth and weight of Cottons Frizes and Rugs was read the first time On Tuesday the 5 th day of November Five Bills of no great moment had each of them one reading of which the second being the Bill for the having of one Sheriff of one County in divers Counties was read the second time and thereupon Ordered to be ingrossed The Lords sent down M r Serjeant Carus and M r Attorney to signisie unto the House that the Committees touching those two great matters of her Majesties Marriage and Declaration of a Successor whose names see on Thursday the 31 th day of October foregoing should come up unto their Lordships who immediately thereupon did so And shortly after returning from the Lords they made Declaration that their Lordships required that thirty of this House should be before the Queen in the Afternoon at the Palace with thirty of the Lords which were thereupon appointed and chosen accordingly by M r Speaker out of the foresaid Committees nominated on the 31 th day of October foregoing to attend her Majesty and to understand what her pleasure was Post Meridiem The Committees of the Lords and House of Commons attended her Majesty this Afternoon touching those two great businesses of her Marriage and Declaration of a Successor which I have supplied as a thing necessary for the understanding both of the former and future agitation of which see more largely on Monday the 25 th day of this instant November following and what her Majesties Answer was shall be needless to insert here in respect that it was openly published by M r Comptroller and M r Secretary Cecill on this ensuing Morning On Wednesday the 6 th day of November Two Bills had each of them one reading of which the second being the Bill for the Cloth-Workers of London to have search was read the second time and as it should seem committed to M r Chancellor and others The Bill touching Informers for better Execution of penal Laws was read the third time and passed upon the Question M r D r Vaughan and M r Yale brought from the Lords the Bill for Hexamshire and a Proviso in the Bill for Bishops Sir Edward Rogers Knight Comptroller of her Highness Houshold and Sir William Cecill Knight her Majesties Principal Secretary read in writing notes of the Queens Majesties saying before the Lords and Committees of this House tending that her Grace had signified to both Houses by words of a Prince that she by Gods Grace would Marry and would have it therefore believed and touching limitation for Succession the perils be so great to her Person and whereof she hath felt part in her Sisters time that time will not yet suffer to treat of it Whereupon all the House was silent Vide plus concerning this matter on Monday the 25 th day of this instant November following The Proviso added to the Bill for Archbishops and Bishops was read the first time On Thursday the 7 th
day of November Three Bills had each of them one reading of which the last being the Bill for Confirmation of the Hospital of S t Bartholomews in Gloucester was read the third time and passed upon the Question On Friday the 8 th day of November Two Bills had each of them one reading of which the first being the Bill for wearing of Caps on Holy-days and not Hats was read the first time M r Lambert began a Learned Oration for iteration of the Suit to the Queens Majesty for limitation of Succession and thereupon strongly reasoned for both parts whence it appeareth plainly that though her Majesty satisfied the Lords by her former Answer on Tuesday the 5 th of this instant November preceding the effect of which was that she was desirous to incline her mind to Marriage but could not declare a Successor in respect of the great danger thereof yet those of the House of Commons rested not contented therewith but only resting upon her Majesties promise touching her Marriage they still discoursed of and resolved to press further that other part of their former Suit touching the Declaration of a Successor as appeareth by this foregoing Motion of M r Lambert and by the sequel afterwards touching all which see more fully on Monday the 25 th day of this instant November ensuing On Saturday the 9 th day of November Two Bills of no great moment had each of them one reading of which the first being the new Bill for carrying of Rams or Sheep over Sea to be Felony was read the first time And the second being the Bill to avoid delays upon Verdicts and Demurrers in Law was read the third time and passed upon the Question Sir Francis Knolles Knight her Majesties Vice-Chamberlain declared the Queens Majesties Express Commands to this House that they should no further proceed in their Suit but to satisfie themselves with her Highness Promise of Marriage After whom M r Secretary Cecill and M r Comptroller severally rehearsed the like matter So that by this it may be gathered that her Majesty understanding of M r Lambert's Motion made Yesterday and fearing that the House should fall a fresh upon the discussion of this business did now send her Express Inhibition to prevent it by these forenamed honourable Personages of which matter see more at large on Monday the 25 th day of this instant November following The Bill for two Sheriffs to be several of Oxon and Berks was read the first time It is Ordered That if after the reading of the first Bill any of the House depart before the rising of M r Speaker without Licence of M r Speaker that then he shall pay to the poor Mans Box four pence Sunday November the 10 th day On Monday the 11 th day of November Two Bills had each of them one reading of which the first being the Bill for Confirmation of Letters Patents made to the Cordwayners of London was read the first time Paul Wentworth a Burgess of the House by way of Motion desired to know whether the Queens Command and Inhibition that they should no longer dispute of the matter of Succession sent Yesterday to the House were not against the Liberties and Priviledges of the said House And thereupon arose divers Arguments which continued from nine of the Clock in the Morning till two of the Clock in the Afternoon But then because the time was far spent all further debate and reasoning was deferred until the next Morning And as it should seem no certain resolution of the House given therein neither doth it appear in the Original journal-Journal-Book of the House of Commons either what the effect of these Arguments were or by whom uttered which with many other defects and imperfections happened therein through the great negligence of M r Seymour at this time Clerk of the same House On Tuesday the 12 th day of November M r Speaker being sent for to attend upon the Queens Majesty at the Court about nine of the Clock sent word to the House where he was requiring the House to have Patience and at his coming after ten of the Clock began to shew that he had received a special Command from her Highness to this House notwithstanding her first Commandment that there should not be further talk of that matter in the House touching the Declaration of a Successor in Case that her Majesty should die without Issue and if any person thought himself not satisfied but had further reasons let him come before the Privy-Council and there shew them Vide plus concerning this business on Monday the 25 th day of this instant November following On Wednesday the 13 th day of November Six Bills of no great moment had each of them one reading of which the fourth being the Bill for Thomas Browns Lands to be altered from Gavelkind was read the second time and Ordered to be ingrossed Three Bills were sent up to the Lords from the House of Commons of which one was the Bill for the better Execution of penal Laws And another to avoid delays upon Verdicts and Demurrers in Law The Bill touching two Branches in the Statute made for Chauntry-Lands was read the second time and committed to M r Marsh. M r Serjeant Carus and M r D r Huick brought from the Lords two Bills one for the Jointure of the Lady Cobham and the other for Carriage of Wooll growing in divers Shires in Wales On Thursday the 14 th day of November Three Bills had each of them one reading of which the third being the Bill to avoid long delays in Civil and Marine Causes was read the second time and Ordered to be ingrossed The Bill for several Sheriffs to be in Surrey and Sussex Essex and Hertford Oxon and Berks Somerset and Dorset Warwick and Leicester Nottingham and Darby from 1567. was read the third time and passed upon the Question On Friday the 15 th day of November the Bill for buying of Ostrich Woolls by Hat-makers and Felt-makers was read the first time Edward Jones Complained of John Grey Esq Knight for Stafford that he had misused and threatned him in Paul's casting away his Cap whereby he was in great fear of his Life and prayed Remedy of this House To the which M r Grey Answered at the Bar that he had divers times claimed a Debt due by his Father to the which he had reasonably Answered Whereupon the hearing of the matter for the Surety of Jones was committed unto Sir Thomas Wroth and four others of this House Vide plus touching this matter on Tuesday the 3 d day of December following The Bill to avoid excess in Apparel in divers Degrees was read the third time and passed upon the Question Leonard Darnet Burgess for Marlborough in the County of Wilts is for his great Affairs Licensed by the House to be absent On Saturday the 16 th day of November Three Bills had each of them one reading of which the third and last being the
of Gods word established we therefore ought greatly to thank God and her For Authority or the Sword whereby the Common-Wealth is stayed three things he said are requisite Men Armour and Money For Men their good wills he said were most being of it self a strong Fortress For Armor the necessity he shewed in part and how requisite Treasure was he a little declared And concluded that all three must be conjoined Men Armour and Mony Lastly for Laws the third stay of the Common-Wealth he said there must be consideration in making them and care in Executing of them in making such as by the providing for one part of the Common-Wealth the rest should not be hindred which were indeed a matter most pernicious and this he vouched out of Plato de legibus For Execution he said that since the Law of it self is but Mute set in Paper not able to do ought the Magistrate except he will be also Mute must be the Doer and then is a good Law said to be well made when it is well Executed for anima legis est executio Hereupon he said something in commendation of her Majesty who had given free course to her Laws not sending or requiring the stay of Justice by her Letters or Privy-Seals as heretofore sometime hath been by her Progenitors used Neither hath she pardoned any without the advice of such before whom the Offendors have been Arraigned and the Cause heard His Oration being ended he then made four Petitions the first that the Persons Servants and Goods of all coming to that Assembly might be free from all Arrests Secondly That for Cause of Conference they might have access to her Majesty Thirdly If any sent should not truly report or in part mistake the meaning of the House that the same should be by her Highness favourably heard And lastly That in the House all men might have free Speech This Oration being ended by direction from her Majesty and instructions given what should be said The Lord Keeper Answered thus dividing his Speech into three parts the first where he had sometimes inserted commendations of her Majesty he said her Highness would not acknowledge so great perfections to be in her but said that they should be instructions for her better proceedings in time to come The second part of his Oration he said concerning the Rule for ordering of the Common-Wealth she well liked of and wished that as he had well conceived of it and well uttered the same so he and others would endeavour the Execution thereof For his Petitions he said her Majesties Pleasure was that the first should be granted with this caution that no man should under their shadows untruly protect any others For the second he said at time convenient her Pleasure was they should come freely Touching the third part he said she could not imagine that among so many wise men it could happen but if it should her Grace would be content to remit it The fourth was such that her Majesty having Experience of late of some disorder and certain Offences which though they were not punished yet were they Offences still and so must be accompted therefore said they should do well to meddle with no matters of State but such as should be propounded unto them and to occupy themselves in other matters concerning the Common-Wealth The Presentment and Allowance of the Speaker being thus transcribed out of that often before vouched Anonymous Journal of the House of Commons in this Parliament Now follow the residue of this days passages with those also of other days ensuing out of the Original Journal-Book of the Upper House Hodiè returnatum est breve c. by which the Bishop of Exeter was Summoned to this Parliament who was thereupon admitted to his accustomed place The like Writs were returned whereby the Lord Paget and the Lord De la Ware were Summoned to the said Parliament who were thereupon admitted There is no entrance of the Adjournment or continuance of this Parliament which happened doubtless through the great negligence of the Clerk of the Upper House although it is most casy to conjecture that the Lord Keeper did continue the same by her Majesties Commandment unto some hour of the Afternoon following being Thursday the 5 th day of this instant April This day finally but whether before or after the rising of the Lords of the Upper House doth not appear were divers Proxies returned and delivered in unto the Clerk of the said Upper House or to some other belonging unto him of which the unusual or extraordinary Proxies were only three and those also all from Spiritual Lords which are entred in the Original journal-Journal-Book of the said Upper House in manner and form following 4 die April Introductae sunt Litterae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richard Meneven Nicolaum Bangor Episcopos conjunctim divisim Eodem die Introductae sunt Litterae Procuratoriae Thom. Episcopi Coventr Litchf in quibus Procuratores suos constituit Nicol. Wigorn. Johannem Salisburien Richardum Meneven Episcopos conjunctim divisim Eodem die Introductae sunt Literae Procuratoriae Richardi Episcopi Gloucestr in quibus Procuratores suos constituit Nicol. Wigorn. Johan Norwicen Willielmum Exonien Episcopos Nota That I call an extraordinary Proxy when a Bishop Constitutes one Proctor or more than two and when a Temporal Lord Constitutes more than one for of ten Temporal Lords who sent Proxies this Parliament none appointed more than a single Proctor and of seven Spiritual Lords four Constituted but two Proctors apiece Note also That the Earl of Leicester had this Parliament seven Proxies sent unto him all Entred in the Original Journal-Book of the Upper House to have been returned on the said 4 th day of April viz. from William Marquess of Winchester Edward Earl of Derby Henry Lord Berkely Henry Lord Scroope George Earl of Shrewsbury Edward Lord Dudley and Ambrose Earl of Warwick Vide a like President on Tuesday the 22 th day of October An. 8 Reg. Eliz. anteá On Thursday the 5 th day of April to which day the Parliament had been doubtless continued or Adjourned Yesterday although through the Clerks negligence it be not at all mentioned in the Original journal-Journal-Book of the Upper House Two Bills of no great moment had each of them one reading of which the second being the Bill for the punishment of Collectors Receivers c. for their fraudulent and unjust deceiving of the Queens Majesty in their Offices was read primâ vice The Bill for the reviving and continuance of certain Statutes was read the first time and commissa Vice-Comiti Mountague Episcopo London Episcopo Hereford Episcopo Elien Episcopo Wigorn. Domino Wentworth Domino Shandois Domino S t John de Bletsoe Domino Primario Justiciario Banci Regis Justiciario Welch Justic Southcot Nota That here a Bill was committed upon the first reading of which
mention of any further proceeding in this Bill but it doth plainly appear by the Original journal-Journal-Book of the House of Commons that this Bill having had its second reading as aforesaid was now at the last after the preceeding Arguments were ended Committed by M r Treasurer and others whose names are all omitted in the Original Journal-Book On Friday the 20 th day of April the Bill for the Assizes to be kept at Worcester was read the first time The Bill also for impannelling of Juries was read the second time and rejected upon the Question These two Bills being thus transcribed out of the Original journal-Journal-Book of the House of Commons the greatest part of the residue of this days passages do here next follow out of that often already cited Anonymous Journal in which there is one Bill touching Caps which is not at all mentioned in the Original Journal-Book it self aforesaid set down in manner and form following viz. A Bill for Caps was read the second time and ruled that the same should be ingrossed This Bill as is aforesaid is not at all found to be set down in the Original Journal-Book of the House of Commons but that next ensuing is there mentioned and the Arguments also touching the Liberty of the House are there generally remembred which with the said Bill do here at large follow with some small alteration only out of the aforesaid Anonymous Journal in manner and form following The Bill for such as be fled beyond the Seas without Licence or shall not return within a certain number of Dayes after their Licences expired to lose their Lands and Goods and to avoid Covenous Gifts was read the second time and not then effectually spoken unto by any man M r Wentworth very orderly in many words remembred the Speech of Sir Humphrey Gilbert delivered some days before He proved his Speech without naming him to be an injury to the House he noted his disposition to flatter and fawn on the Prince comparing him to the Cameleon which can change himself into all colours saving white even so said he this reporter can change himself to all fashions but honesty he shewed further the great wrong done to one of the House by a misreport made to the Queen meaning M r Bell he shewed his Speech to tend to no other end than to inculcate fear into those which should be sree he requested care for the credit of the House and for the maintenance of free Speech the only means of ordinary proceedings and to preserve the Liberties of the House to reprove Lyers inveighing greatly out of the Scriptures and otherwise against Liers As this of David Thou O Lord shalt destroy Lyers c. M r Treasurer signified his desire to have all things well saying he could not enter into Judgment of any but he said it was convenient ill Speeches should be avoided and the good meaning of all men to be taken without wresting or misreporting and the meaning of all men to be shewed in good sort without unseemly words M r Speaker endeavoured an Agreement and unity in the House making signification that the Queens Majesty had in plain words declared unto him that she had good Intelligence of the orderly proceeding among us whereof she had as good liking as ever she had of any Parliament since she came unto the Crown and wished we should give her no other cause than to continue the same and added further her Majesties pleasure to be to take Order for Licences wherein she had been careful and more careful would be M r Carleton with a very good Zeal and orderly shew of Obedience made signification how that a Member of the House was detained from them meaning M r Strickland by whose Commandment or for what cause he knew not But for as much as he was not now a private man but to supply the room person and place of a multitude specially chosen and therefore sent he thought that neither in regard of the Country which was not to be wronged nor for the Liberty of the House which was not to be infringed we should permit him to be detained from us But whatsoever the intendment of this offence might be that he should be sent for to the Bar of that House there to be heard and there to Answer M r Treasurer in some case gave Advertisement to be wary in our proceedings and neither to venture further than our assured Warrant might stretch nor to hazard our good opinion with her Majesty on any doubtful cause Withal he wished us not to think worse than there was cause For the man quoth he that is meant is neither detained nor misused but on considerations is required to expect the Queens pleasure upon certain special points wherein he said he durst to assure that the man should neither have cause to dislike or complain since so much favour was meant unto him as he reasonably could wish He further said that he was in no sort stayed for any word or speech by him in that place offered but for the exhibiting of a Bill into the House against the Prerogative of the Queen which was not to be tolerated Nevertheless the construction of him was rather to have erred in his zeal and Bill offered than maliciously to have meant any thing contrary to the Dignity Royal. And lastly He concluded that oft it had been seen that Speeches have been examined and considered of Sir Nicholas Arnold with some vehemency moved that care might be had for the liberty of the House he was inforced he said rather to utter and so to run into danger of offence of others than to be offended with himself M r Comptroller replied to the effect M r Treasurer had before spoken M r Cleere told how the Prerogative is not disputable and that the safety of the Queen is the safety of the Subjects He added how that for matter of Divinity every man was for his instruction to repair to his Ordinary being a private man where he utterly forgot the place he spake in and the person who was meant for that place required and permitted free speech with authority and the person was not himself a private man but a publick by whom even the Ordinary himself was to be directed He concluded that for as much as the cause was not known he therefore would the House should stay M r Yelverton said he was to be sent for arguing in this sort First he said the President was perillous and though in this happy time of lenity among so good and honourable Personages under so gracious a Prince nothing of extremity or injury was to be feared yet the times might be altered and what now is permitted hereafter might be construed as of Duty and enforced even on this ground of the present permission He further said that all matters not Treason or too much to the Derogation of the Imperial Crown were tolerable there where all things came to be considered of and where
third time and passed Because the great matter touching Religion and Church Government of which the passing of the aforesaid Bill is the last passage mentioned in the Original Journal-Book of the House of Commons was so Religiously begun by the said House in the former Sessions of Parliament in An. 8 Regin Eliz. and so zealously prosecuted in this present Parliament de an 13 Regin Eliz. therefore it shall not be amiss here to set down at large once for all the whole proceeding of the same although all in the Issue was dashed by her Majesty perswaded unto it as it should seem by some sinister Counsel The first step therefore unto this business was upon Thursday the 5 th day of December in the said former Session of Parliament in the said eighth year of her Majesty when the Bill with the Articles Printed 1562. for sound Christian Religion had its first reading which in the Original Journal-Book of the House of Commons in this present Parliament is always called the Bill A and in the margent of the said Journal in an 8. the said Letter A is expressed over against the title of the said Bill A second step then followed in this their intended Reformation upon Friday the 6 th day of December in the said Session de an 8 Regin Eliz. when all these Bills following had each of them their first reading being there inserted in manner and form following the words only the first reading being added instead of the Figure or Number 1. set down in the margent B. The Bill for the Order of Ministers the first reading C. The Bill for residence of Pastors the first reading D. The Bill to avoid corrupt Presentations the first reading E. The Bill for Leases of Benefices the first reading F. The Bill for Pensions out of Benefices and Leases of Benefices the first reading All which several Bills are no otherwise stiled in the Original Journal-Book of the House of Commons in this present Parliament than the Bill B the Bill C c. and therefore without recourse to the aforesaid Journal of the same House in an isto praedicto 8 Regin Eliz. it could not have been possibly herein understood what had been intended thereby Which last mentioned five Bills had no further progress in the said Session of Parliament by reason that it was Dissolved soon after on Thursday the second day of January but only the first before-cited Bill called the Bill A had its second reading on Thursday the 10 th day and its third and last reading on Friday the 13 th day of December in the same Session After which the said Bills so rested until the beginning of this present Parliament in an 13 Regin Eliz. when upon Friday the 6 th day of April foregoing these six Bills foregoing were again presented to the House and a seventh Bill also as is very probable which was not at all read in the aforesaid last Session in An. 8 Regin Eliz. which was the Bill read the third time this present day touching the Commutations of Penance by the Ecclesiastical Judge and is always stiled in the Original Journal-Book of the House of Commons the Bill G. And thereupon all the said seven Bills touching Religion were referred to Committees to consider of them And on the day following being Saturday and the seventh day of the same Month the said Bills were read The first Bill of them stiled the Bill A was delivered to the foresaid Committees or Commissioners and the residue appointed to remain in the House and that to stand for no reading of any of them Which great Caution doubtless the House of Commons did the rather observe in their proceeding with these Bills touching the Reformation of matters of Religion and Church Government because they desired her Majesty might the more graciously interpret their endeavours and give way to the passing of the said Bills To which purpose also the House appointed two of their Members before their rising that very day to have their furtherance also for the same who returned their Answer on Thursday the 10 th day of the same Month and advised the House of Commons to pray a Conference with the Lords for that purpose which was accordingly had in the Afternoon of the same day And that day also the second of the said seven Bills stiled the Bill B had its first reading and was read the second time on Saturday the 28 th day of April and the third time on Monday the 30 th day of the same Month. On the Morrow after the foresaid 10 th day of April being the 11 th day of the same Month and Wednesday the Bill D had its first reading being the fourth of the aforesaid seven Bills touching Religion And on Wednesday the 9 th day of May its second reading And on Saturday the 12 th day of May the Bill C being the third of the said seven Bills had its first reading and its second reading on Monday the 14 th day and its third reading on Wednesday the 16 th day of the same Month. The Bill E also being the 5 th of the said seven Bills had its first reading on Friday the 13 th day of April its second on Wednesday the second day and its third on Monday the 7 th day of May. For the Bill F it appeareth not by the Original journal-Journal-Book of the House of Commons that it was at all read although it concerned Pensions out of Benefices and Leases of Benefices For the Bill G lastly which was the seventh of the aforesaid Bills touching Religion it had its first reading on Thursday the 10 th day of May its second on Tuesday the 15 th and the third on this instant Thursday being the 17 th day of the same Month as is before set down Although it is to be observed that some of the readings of the aforesaid Bills are omitted upon some of the said days as matters of no great moment Of which Bills also there was some treating on Wednesday the 25 th day and on Saturday the 28 th day of April foregoing But her Majesty on Thursday the first day of May by the Lords of the Upper House declared unto the Committees of the House of Commons who afterwards declared it to the House it self that she approved their good endeavours but would not suffer these things to be Ordered by Parliament Notwithstanding which Message as appeareth by the reading of some of the said seven Bills afterwards the House of Commons still proceeded and having passed two of the said Bills viz. the Bills B and C on Wednesday the 16 th day of May foregoing and the Bill G this present Thursday as is aforesaid they sent them up to the Lords by M r Comptroller and others as soon as the said Bill G had passed the House All the Bills last passed except that for severance of Sheriffs of sundry Shires were sent to the Lords by M r Comptroller and others Three Bills lastly of no
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original journal-Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original journal-Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
blank or void place 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 Saturday the 14 th day of this instant May foregoing The Bill for the preservation of Timber and Fuel within twelve Miles of London and Subburbs of the same was read secunda vice and committed to the Earl of Worcester the Earl of Rutland the Earl of Essex the Lord Abergavenny the Lord S t John of Bletsoe and the Lord Compton The Bill for the assurance of certain Lands according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read secunda vice The Bill for repeal of a Statute made for the Town of Shrewsbury an 8 Reginae Eliz. was read secunda vice and committed to the Earl of Bedford the Earl of Essex and others The Bill also touching Presentations to Benefices by lapse was read the second time and committed unto the Archbishop of York the Earl of Rutland the Earl of Hartford the Bishop of Worcester the Lord Cromwell the Lord Ewers Justice Southcott and Justice Wray The Bill for keeping of the Assizes and Sessions in the Town of Stafford and the Bill for annexing the Sheriffwicks of Huntingtonshire and Cambridgshire were each of them read secunda vice Commisse ad ingrossand The Bill lastly touching Sea-Marks and that no Hoy or Plate shall cross the Seas was read prima vice and committed to the Earl of Suffolk the Earl of Leicester the Lord Burlcigh the Lord Darey de Chich. the Lord Cheyney the Lord Norris Serjeant Barham and Doctor Lewes Nota That this is not committed only upon the first reading but also a Serjeant and a Doctor who are but Attendants upon the Upper House are here made joint Committees with the Lords On Friday the 30 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill for inserting of the name of the Mannor of Havering at Bowre in a blank and void place of certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in West-ham in the County of Essex was read the third time and passed the House On Saturday the 31 th of May Four Bills of no great moment had each of them one reading of which the third being the Bill for renewing of a Statute made for the keeping of the Assises and Sessions within the Town of Stafford was read tertia vice conclusa And the fourth and last being the Bill against corrupt Presentations was read secunda vice commissa to the Earl of Rutland the Earl of Sussex the Lord Chandois and the former Lords nominated on Saturday the 17 th day of this instant May foregoing where this Bill was then read the second time and then committed On Monday the second day of June Two Bills had each of them one reading of which the second being the Bill for the assurance of certain Lands and Tenements according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read tertia vice conclusa On Tuesday the third day of June Two Bills of no great moment had each of them one reading of which the first being the Bill to renew a Statute made an 1 o of the Queens Reign inhibiting the transporting of Leather or Raw-Hides out of the Realm was read secunda vice commissa ad ingrossand On Wednesday the 4 th day of June the Bill touching a Statute made an 1 mo of the Queens Reign inhibiting the transporting of Leather or Raw-Hides was read tertia vice conclusa and sent down to the House of Commons by Serjeant Barham and Doctor Huick Four Provisoes annexed by the Commons to the Bill for Vagabonds with certain other Amendments in the said Bill were read secunda tertia vice conclusa communi Procerum assensu Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read prima vice The Bill touching Mary the late Scottish Queen was Ordered to be ingrossed The Bill for avoiding of Recoveries suffered by Collusion of Tenants was committed to the Earl of Rutland the Earl of Sussex and others but there is no mention made whether this Bill was at all read of which see a like President on Wednesday the 28 th day of May foregoing On Thursday the 5 th day of June the Bill touching Mary the Daughter and Heir of James the Fifth late King of Scots was read tertia vice conclusa and sent to the House of Commons by Serjeant Barham and the Queens Attorney Five Bills were brought up to the Lords from the House of Commons of which the second being the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason and the third for annexing of Hexham and Hexhamshire to the County of Northumberland were each of them returned conclusae The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of the Free Grammar-School at Tunbridge in the County of Kent was read prima vice and committed to the Archbishop of York the Earl of Bedford the Earl of Hartford the Bishop of Chichester the Bishop of Rochester the Lord de la Ware the Lord Norris the Master of the Rolls and Justice Southcott Vide concerning this Bill on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June following The Bill that no Hoy or Plate shall cross the Seas and touching Sea-Marks was read secunda vice commissa ad ingrossandum Dominus primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in horam secundam post meridiem Nota That this continuance of the Parliament with some others that follow by the Lord Chief Justice of the Kings Bench was not without some express Authority given him by her Majesty but through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House it doth not appear in the Original journal-Journal-Book of the same whether the said Authority were given by Commission or otherwise About which hour in the Afternoon four Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Hand-Guns Callivers c. and the last for Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild K t and their Heirs were each of them read prima vice Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Friday the 6 th day of June Four Bills of no great moment had each of them one reading of which the last being the
her Majesty for the Duke having had his Tryal by them of that House their consent and liking in the matter is thereby sufficiently manifested already M r Attorney and M r Sollicitor declared unto this House from the Lords that their Lordships do desire that those Committees which were appointed to meet with them this Afternoon may have Authority from this House to make Choice of a number of themselves to Accompany the Lords unto the Queens Majesty for the reporting and maintaining of such reasons as upon their said Conference shall be first propounded and yielded amongst them touching the great cause This Court was Adjourned until Wednesday next and upon sundry Motions it was resolved that all such of this House as shall think good to exhibit or prefer any reasons or causes to enforce the matter of the Dukes Execution may in the mean time of the next Session deliver them in writing to M r Speaker at their Choices and pleasures to the end that this Court may further proceed to the manner and order of sig nifying the same Petition to her Majesty accordingly On Wednesday the 28 th day of May It was signified unto this House by M r Speaker that the Queens Majesties pleasure was that all they of this House being of the Committees in the great Cause and appointed by them out of themselves to come to her Highness Presence shall all attend at the Court this present day at eight of the Clock in the Forenoon for the same purpose accordingly which Message was so delivered unto M r Speaker now in the House by one of this House sent unto him from M r Treasurer But to what end or purpose the said M r Treasurer with other Members of the House were appointed to attend upon her Majesty doth not appear or can at all be gathered by the Original journal-Journal-Book of the House of Commons but it was doubtless to agitate and treat of the great business touching the Scottish Queen and it is very probable that the Members of the said House did at this time offer up their Petition and Reasons to her Majesty for the speedy Execution of the said Queen all which I have thought good to insert in this place out of a written Copy thereof I had by me although they are there falsly referred to the Parliament foregoing which was in An. 13 Regin Eliz. as were also other reasons there contained which are referred unto Monday the 19 th day of this instant May foregoing An humble Pētition to her Majesty and the Reasons gathered out of the Civil Law by certain appointed by Authority in Parliament to prove that it standeth not only with Justice but also with the Queens Majesties Honour and Safety to proceed Criminally against the pretended Scottish Queen WE your Majesties most humble and faithful Subjects Assembled in Parliament for preservation of your Royal Person and Estate do highly acknowledge the great goodness of God that hath Chosen and appointed such a Soveraign to Reign over us as never Subjects by any Record ever had a better and therefore our hearty Prayers are daily and ever shall be to Almighty God long to preserve your most Excellent Majesty in all and most perfect Felicity that ever Creature had or might have upon Earth And whereas the highest and chiefest States are ever more envied of all such as be the worst and greatest disturbers of Gods Monarchy and his Anointed Jurisdiction we cannot but with a care of mind and force of our Bodies seek to redress what soever shall be thought hurtful to your Majesties safe quietness and most blessed Government A Queen of late time and yet through her own Acts now justly no Queen a nigh Kinswoman of your Majesties and yet a very unnatural Sister Lady Mary Steward late Queen of Scots being driven through violence and force of others to take Harbour in your Majesties Realm for the Safeguard of her Life hath not only had your Majesties most Gracious Protection but also was saved within her own Realm by your Majesties Authority from Execution of Death for her most horrible and unnatural doings there known throughout Europe to her perpetual infamy and shame for ever And albeit upon her first coming your Highness might both by Law and Justice have dealt with her judicially for her attempts made by writing and otherwise against the Crown and Dignity and to the Disherison of your most Royal Person for ever Yet your Majesty in Consideration of her long dangerous troubles in her own Realm and in hope that such great Adversities would have been good Lessons for her Amendment hereafter hath not used her in any such manner as she hath deserved But rather forgetting or forgiving after a sort her former doings hath dealt with her like a good and natural Sister All which notwithstanding this unnatural Lady being born out of kind as it should seem hath altogether forgotten God and all goodness abusing her self as it appeareth most Treasonably against your Majesties Person and State and seeking and devising by all means possible not only to deprive your Majesty of all Earthly Dignities and Livings but also of your natural Life which thing is found by evident Proofs and by the Judges of your Realm declared to be most horrible and most wicked Treason that ever was wrought against any Prince For which her doings her Majesty minding to touch her in Honour esteemeth her a Person unworthy of any hope or Title Preheminence or Dignity within this your Land and therefore not seeking to deal with her according to her desert is only contented to have her disabled as a person not capable of Princely Honour And thus your Majesty using this course thinketh it the meetest way to establish your self and to quiet your Dominions hereafter taking away hereby the hope of such as do depend upon the pretended Title and weakning the whole strength of that Faction And for further assurance of your Majesties quietness your Highness doth not mislike to have grievous pains of High Treason laid upon all such as shall attempt and maintain her pretended Title by any manner of way Thus as evil men shall be kept back from intermedling in the maintenance of a Title so may your Majesties true and faithful Subjects be much emboldened to deal against this pretended Queen and her Adherents when your Subjects shall see a Law set down for your avail and your Enemies shall want Forces and wax weak thereby and your true Subjects greatly hardened for all offences Moreover if the said pretended Queen shall hereafter make any attempt of Treason the Law so to run that she shall suffer pains of Death without further trouble of Parliament And if any shall enterprise to deliver her out of Prison after her disablement either in your Majesties Life or after the same to be Convicted immediately of High Treason and her self assenting thereunto to be likewise adjudged as a Traitor in Law In all which proceedings your Majesty thinketh to
further reported that the same matter coming also in Question in the UpperHouse before Committees there at the Suit of Henry Brother to the said Andrew the Committees of the higher House have for great Causes agreed in opinion with the Committees of this House concerning the Deed. Vide concerning this matter on Wednesday the 28 th day of May preceeding as also on Tuesday the third day Wednesday the fourth day and on Friday the sixth day of this instant June foregoing The Bill lastly for relief of Sir William Harper Knight was read the third time But what further passed this day in the House of Commons doth not at all appear in the Original journal-Journal-Book of the same House but is negligently omitted by Fulk Onslow Esq at this time Clerk thereof Yet it is most probable that here ended the whole or at least the greatest part of this Forenoons Passages And then this Sessions of Parliament being Adjourned in the Afternoon by Sir Nicholas Bacon Lord Keeper of the Great Seal Ex mandato Dominae Reginae as the words of the Original Journal-Book of the Upper House are it should seem the said Mr. Onslow did omit to make any remembrance or mention thereof although this Adjournment did add an end to this present Session her Majesty giving her Royal Assent to thirteen publick Acts and four private And the reason why so few Statutes received Life as also that neither the Bill for her Majesties general Pardon nor any Bill of Subsidy passed the Houses at this Sessions was in respect that it was chiefly called for Consultation and deliberation touching the dangers of her Majesty and the Realm by reason of the Scottish Queen against whom the House of Commons did proceed with great earnestness advising her Majesty to proceed to her final Execution although the said advice took not effect nor was pursued by her Majesty until the twenty eighth Year of her Reign THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster An. 18 Reginae Eliz. A. D. 1575 which began there on Wednesday the 8 th Day of February after divers Prorogations of the same and there continued until the Prorogation thereof on Thursday the 15 th Day of March next ensuing THE Journal of this present Session although there were no Solemnity at the beginning thereof as of a new Parliament yet wanted there not the Return and Entrance of divers Proxies as well extraordinary as ordinary and although through the great negligence of Anthony Mason Esquire at this time Clerk of the Upper House there appeareth little other matter to have been agitated therein than the reading committing and expediting of Bills yet it is plain by the Original journal-Journal-Book of the House of Commons that there was some Entrance by both Houses upon the reformation of divers Abuses in the Ecclesiastical Government and some difference between the said Houses about the Bill for the Restitution in Blood of the Heirs of the Lord Stourton sent down from the Lords to the Commons Besides this foresaid Journal is not a little enlarged and beautified by the inserting of the Speech at large of Sir Nicholas Bacon Lord Keeper of the Great Seal out of a Copy thereof I had by me which is the rather worth the noting in respect that it was doubtless the last Speech he ever made in Parliament for before the third Session of this present Parliament which was held five Years after the Adjournment of this present Session he died viz. in the two and twentieth Year of her Majesty Anno Domini 1579. and so Sir Thomas Bromley Knight succeeded Lord Chancellor before the said Session in Anno 23 Reginae ejusdem which was the third and last Session of this instant Parliament The first Session whereof was held in Anno 14 Reginae praedictae by which means this was the longest Parliament continuing about eleven Years of any during her Majesties Reign and was not Dissolved until the five and twentieth Year of her said Reign containing also in it three several Sessions whereas no other consisted of above two at the most Memorand quod die Mercurii octavo die Februarii Anno Regni excellentissimae ac metuendissimae Dominae nostrae Dom. Eliz. Dei gratia Angliae Franciae Hiberniae Reginae Fidei Defensatricis c. Decimo octavo quo die post varias ac diversas Prorogationes praesens haec Sessio Parliamenti tenta habita fuit apud Westmonasterium Domini tam Temporales quam Spirituales quorum nomina subsequuntur praesentes fuerunt The Queen was not present because as it hath been observed this was no new Parliament but the Lords met of Course Nicolaus Bacon Miles Dominus Custos magni Sigilli Dominus Burleigh Thesaurarius Angliae Comites Comes Lincoln Admirallus Comes Sussex Dominus Camerarius Hospitii Reginae Comes Northumbr Comes Kanc. Comes Darb. Comes Wigorn. Comes Rutland Comes Huntingdon Comes Warwick Comes Southampton Comes Bedford Comes Pembroke Comes Hartford Comes Leicester Comes Essex Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Hereford Episcopus Elien Episcopus Meneven Episcopus Sarisburien Episcopus Covent Litchf Episcopus Cestren Episcopus Bangoren Episcopus Cicestren Episcopus Oxon. Episcopus Roffen Episcopus Assaven Barones Dominus Abergavenny Dominus Audley Dominus Dacres Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcy Dominus Wentworth Dominus Mordant Dominus Cramwell Dominus Evers Dominus Rich. Dominus Pagett Dominus Howard Dominus North. Dominus Shandois Dominus Hunsdon Dominus S t John de Beltso Dominus Buckhurst Dominus de la Ware Dominus Compton Dominus Cheyney Dominus Norris Which are all the Names noted in the Original Journal-Book of this eighteenth Year of the Queen to have been present this Wednesday the 8 th of February These Lords being thus set they fell to their ordinary business without any manner of solemnity this being as hath been said no new Parliament but only the second Session of that Parliament which began in Anno 14 Reginae Elizabethae Two Bills of no great moment had each of them their first reading of which the first was the Bill for the reformation of the excess in Apparel Hodie returnatum fuit breve quo Henricus Comes Northumbriae praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alteno The like several Writs returned the Earl of Kent and Charles Lord Howard Lord Audley William Bishop of S t Asaph and Henry Earl of Darby Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hord octavâ Although this were but a second session of a former Parliament as hath been said yet were divers Proxies sent and returned of which there being no mention upon what day they were introduced I have caused two
one reading of which the first being the Bill for the payment of Tythes in the Town of Reading as in the City of London and the last for repairing of the Gaol of S t Edmonds-Bury and of Brandon-Bride in Com. Suff. were each of them read tertiâ vice conclusa On Saturday the 10 th day of March Six Bills were brought up to the Lords from the House of Commons of which the first was the Bill for setting the Poor on work and for avoiding of Idleness and another was for a Confirmation of a Subsidy granted by the Clergy Nine Bills also of no great moment had each of them one reading of which the first being the Bill touching the Hospital of S r Crosse near Winchester was read tertiâ vice conclusa and sent to the House of Commons by Doctor Barkley and M r Powle Clerk of the Crown and another being a Bill for the Restitution in Blood of Sir Henry Norris Knight Lord Norris of Ricot was read secunda vice 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 House of Commons About which hour the Lords Spiritual and Temporal Assembling Six Bills of no great moment had each of them one reading of which the first being the Bill for Explanation of the Statute against the defeating of Dilapidations and against Leases to be made of Spiritual Promotions and the second for remedy against the Plaintiff for false Complaint were each of them read secundâ vice but no mention is made whether they were Ordered to be ingrossed or referred to Committees because they had been sent from the House of Commons Three Bills were brought up to the Lords from the House of Commons of which the second being the Bill for Confirmation of an Arbitrement to be made by certain Persons between Richard Hudleston Esquire and Dame Elizabeth Weynman his Wife on the one part and Francis Weynman Gent. on the other part was read primâ vice Three Bills also of no great moment had each of them one reading of which the first being the Bill for reformation of abuses in Goldsmiths was read secundâ vice commissa ad ingrossand and the second being the Bill for preservation of Feasants and Partridges was read tertia vice conclusa and sent to the House of Commons by Doctor Lewes and M r Vaughan On Monday the 12 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of an Arbitrement to be made by certain Persons between Richard Hudleston Esquire and Dame Elizabeth Weynman on the one part and Francis Weynman Gent. on the other part was read secundâ vice but no mention is made that it was Ordered to be ingrossed or referred to Committees because it had been sent from the House of Commons on Saturday the 10 th of this instant March foregoing The Bill also for restitution in Blood of Anthony Mayney was read primâ secundâ vice which as it should seem was in honour of the said Anthony Mayney Six Bills were brought up to the Lords from the House of Commons of which one was for the maintenance of Colleges in the Universities of Winchester and Eaton and another for the repairing and amending of Bridges and High-ways near unto the City of Oxford Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem Nota That here the Lord Keeper continueth again the Parliament which had been performed by the Lord Treasurer from Saturday the third day of this instant March foregoing until this present Monday the 12 th day of the same but whether the one or the other were by her Majesties Commission under the Great Seal or by any other Authority appeareth not in the Original journal-Journal-Book of the Upper House but seemeth to have been omitted through the negligence of Anthony Mason Esquire at this time Clerk of the same About which foresaid hour in the Afternoon the Lords Spiritual and Temporal Assembling Six Bills of no great moment had each of them one reading of which the second being the Bill to take away Clergy from Offenders in Rape or Burglary and an Order for the delivery of Clerks Convict without Purgation with certain amendments and a Proviso was read tertiâ vice conclusa As also the Bill for restitution in Blood of Anthony Mayncy Esquire An Act to redress Disorders in common Informers was sent to the Lords from the House of Commons The Bill lastly for Toleration of certain Clothiers in the Counties of Wilts Somerset and Gloucester was read tertiâ vice conclusa Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Crastinum horâ octavâ Vide touching the continuance of the Parliament by the Lord Treasurer on Saturday the third day of this instant March foregoing On Tuesday the 13 th day of March Eight Bills of no great moment had each of them one reading of which the second being the Bill for annexing of Gate-side to the Town of New-Castle and the seventh being for the Confirmation of an Arbitrement to be made by certain Persons between Richard Hudleston Esquire and Dame Elizabeth his Wife on the one part and Francis Weynman Gentleman on the other part with a Proviso and certain Amendments were each of them read tertiâ vice conclusae and sent to the House of Commons by her Majesties Attorney General M r Barkley and M r Powle The Bill for Restitution in Blood of Anthony Mayney Esquire with a Proviso added by the House of Commons was sent from thence to the Lords The Bill lastly for reformation of Jeofailes was read tertiâ vice conclusa commissa Magistro Vaughan Magistro Powle in Domum Communem deferend Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem Vide concerning this continuance of the Parliament by the Lord Keeper on Monday the 12 th day of this instant March foregoing About which hour in the Afternoon the Lords Spiritual and Temporal Assembling two Bills were brought up to the Lords from the House of Commons of which the first was the Bill for the restitution in Blood of John Lord Stourton with a new Proviso added by the said House After which three other Bills also were brought up to the Lords from the House of Commons of which the first was concerning Offices found in Counties Palatines and the last for reformation of Jeofailes On Wednesday the 14 th day of March the Bill for reformation of excess in Apparel was read secundâ vice but no mention of committing or ingrossing because it had been sent from the Lords About which hour the Lords Spiritual and Temporal Assembling two Bills were sent up to the Lords from the House of Commons of which the second being the Bill for the Queens Majesties most gracious
first time M r Doctor Vaughan and M r 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 M r 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 M r Treasurer M r Comptroller M r Chancellor of the Dutchy and M r Captain of the Guard or the most part of them 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 M r 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. M r Treasurer M r Captain of the Guard M r Wilson Master of the Requests Sir Henry Ratcliffe Sir Rowland Hayward Sir Thomas Scott Sir John Thynne Sir Henry Wallope Sir George Penrudock M r Popham M r Sampoole and M r 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 M r Treasurer and others M r Serjeant Barham and M r 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 M r Comptroller M r Chancellor of the Exchequer M r Captain of the Guard Sir Henry Gates Sir Henry Ratcliffe Sir Thomas Barrington Sir Nicolas Arnold Sir Henry Knivett M r Recorder of London M r Sampoole M r Stanhoppe M r Crooke M r Snagg M r John Vaughan M r Serjeant Jeffries M r Serjeant Lovelace M r Edward Horsey M r Robert Wroth M r Colby M r Topclyffe M r Bowyer M r John S t John M r Dawney M r Robert Colshill M r Digbie and M r 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 7 th 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-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-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 K t 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
John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House did according to the usual form humbly crave her Majesties most Royal Assent to such good Laws as had passed the two Houses Whereupon her Majesty having by her Assent given Life to thirty publick Acts and nineteen private the Parliament was Prorogued unto the 20 th day of May next ensuing and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin Eliz. Anno Domini 1586. THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two Several Prorogations thereof and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Journal of this Parliament both in respect of the greatness of the matter handled in it being the business of Mary Queen of Scots as also of the many rare Precedents which happened in the Carriage of it the Queens Person being represented and the Lord Chancellors place supplied by others with the Adjournment and re-assembling again of the same somewhat extraordinary is and ought to be esteemed most worthy of observation And it is most plain that this Parliament was at the first beyond the Queens own expectation summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesties life of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted and afterwards Judicially pronounced to have been in a high nature guilty But yet her Majesty not satisfied with her so just a Tryal and Attainder assembled the Parliament on purpose that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm And that this great Council of the Kingdom was merely called together at this time about this business is most plain because the last Prorogation of ths former Parliament holden in Anno 27 Regin Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem the former Parliament was dissolved on Wednesday the fourteenth day of September following in the 28 th year of her Majesty And this new one Assembled on Saturday the 29 th day of October immediately after ensuing At which time the Queen came not to the Upper House in Person but was represented by three Commissioners not as her Majesty afterward professed because she feared the Violence of any Assassinte but because she abhorred to be an hearer of so foul and unnatural a conspiracy plotted against her by the Scottish Queen a Kinswoman so near to her Highness Yet by this means her absence doubtless drew on the greater safety and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion the Security of her Majesties Life and the safety of these Realms Which matters the Lords of the Upper House did so seriously intend as that in this first meeting in this present Parliament which lasted from the foresaid 29 th day of October being Saturday unto the second day of December next following being Friday it appeareth not in the Original journal-Journal-Book of the Upper House that any one Bill publick or private was read or so much as once treated of This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October by vertue of a Writ under the Great Seal dated the eighth day of this present October whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House and there in presence of divers Lords Spiritual and Temporal the Knights Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England and divers Lords with a good number of the House of Commons met again in the Parliament Chamber and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following being the 29 th day of this present October On which said 29 th day of October the Parliament held accordingly and the Lords in the Afternoon repaired to the Upper House and there placed themselves according to their several Degrees Upon which the Knights Citizens and Burgesses having notice that the Lords expected their presence repaired to the said House and being let in as many as could conveniently Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly that her Majesty was so hindred by great and urgent occasions as she could not be present yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament Whose names are entred in the Original Journal-Book of this Parliament in manner and form following Regina representata per Commissionarios viz. Archiepiscopum Cantuariensem Dominum Burleigh Thesaurarium Comitem Darbiae Magnum Seneschallum All the Lords then present were these following Archiepiscopus Cantuarien Thomas Bromley Miles Dominus Cancellarius Archiepiscopus Eboracen Dominus Burleigh Dominus Thesaurarius Angliae Comites Comes Oxon Magnus Camerarius Comes Kantiae Comes Darbiae Magnus Seneschallus Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Pembrook Comes Hartford Comes Lincoln Vicecomes Mountague Episcopi Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Bathon Wellen. Episcopus Sarisburien Episcopus Roffen Episcopus Exon. Episcopus Cestren Barones Dominus Howard Admirallus Dominus Aburgavenny Dominus Zouch Dominus Barkley Dominus Morley Dominus Dacres Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Lumley Dominus
and form following viz. Edmundus Anderson Miles capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Sabbati prox horâ nonâ On Saturday the 25 th day of February Two Bill of no great Moment had each of them one reading of which the second being a Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors was upon the second reading committed unto the Archbishop of Canterbury the Lord Steward and others This day was one unusual Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 25 o Die Februarii introductae sunt Literae procuratoriae Edmundi Episcopi Wigorn in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuariensem Johannem Episcopum London Johannem Episcopum Roffen Nota That it doth not appear whether this Proxy was delivered unto the Clerk of the Upper House in the said House sitting the Court or elsewhere but it is probable that it might be this Forenoon before the rising of the Lords Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox ' horâ octavâ On Monday the 27 th day of February the Bill for Restraint of Horse-stealing and other Felonies was upon the second reading committed Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Jovis prox'horâ nonâ On Thursday the 2 d day of March there was brought from the House of Commons one Bill which being for explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas where unto they are parties was read the first time Lect. sunt The Amendments for the Bill to avoid fraudulent Assurances made or to be made in certain Cases by Traitors lect sunt the Amendments for the Bill of Horse-stealing and other Felonies In the Journal-Book is no entrance or mention of any Amendments by the Committees thought fit to be added to both or either of the said Bills nor of the delivery back of the said Bills or either of them by the Committees into the House which seemeth to have been the Error of the Clerk by that which followeth on Thursday the ninth day of March where it is plain that this was the first reading of these Amendments Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ On Saturday the 4 th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas whereunto they are parties was read secundâ vice Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem Lunae prox horâ nonâ On Monday the 6 th day of March the Bill for the Explanation of the Law touching certain ambiguous questions and strifes of late risen about Fines and Recoveries levied before the Justices of the Common Pleas whereunto they are parties was read the third time communi omnium Procerum assensu conclusa Dominus Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ oct avâ. On Tuesday the 7 th day of March the Bill for the restraint of Horse-stealing and other Felonies was read tertiâ vice communi omnium Procerum assensu conclusa There was brought to the Lords from the House of Commons the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty On Wednesday the 8 th day of March the Bill for one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty was read primâ vice On Thursday the 9 th day of March the Bill for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty was read tertiâ vice communi omnium Procerum assensu conclusa Nota That in the Journal-Book there is no entrance or mention of the second reading of this Bill which doubtless happened through the negligence of M r Anthony Mason at this time Clerk of the Upper House The Amendments in the Bill to avoid fraudulent Assurances made or to be made in certain cases by Traitors were read On Saturday the 11 th day of March three Bills of no great moment were brought up to the Lords from the House of Commons of which the first appointing the wideness of the Mask of Nets for taking Herrings and Smelts in Oxford Haven and the Gull was read primâ vice Introducta est Billa pro Subsidio Cleri quae primâ secundâ vice lect ' est commiss ' ad ingrossandum The Bill to avoid fraudulent Assurances made in certain cases by Traitors was read tertiâ vice quae communi omnium Procerum assensu conclusa est tradit ' Doctori Ford servienti Gawdy in Domum Communem deferend ' A Bill for the better and more speedy execution of certain branches of the Statute made in the 23 d year of the Queens Majesties Reign intituled An Act to restrain the Queens Majesties Subjects in their due obedience was read primâ vice The House of Commons made request to the Lords to have Conference with some of their Lordships what number it should please their Lordships to appoint Whereupon the Lords made choice of these following viz. the Archbishop of Canterbury the Archbishop of York the Lord Steward the Earl of Kent the Earl of Worcester the Earl of Rutland the Earl of Hartford the Earl of Leicester the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Hunsdon Lord Chamberlain the Lord Morley the Lord Cobham the Lord Grey the Lord Stafford the Lord Stourton the Lord Cromwell the Lord North the Lord Delaware and the Lord Norris After Conference had with the Committee of the Lower House this present day the said Committee made Report unto the whole House that the House of Commons made humble Suit unto their Lordships to have their Lordships to joyn with them in a Contribution or Benevolence for the Charges of the Low Countries Wars which they of the House of Commons meant to offer unto her Majesty How they meant to proceed therein was opened by the Archbishop of Canterbury Upon which Report of the Committee the Lords thought good to defer their Answer until Monday next But it appeareth not by the Original journal-Journal-Book of the Upper House or of the House of Commons that any such Answer was given by their Lordships upon the said Monday being the 13 th day of this instant March ensuing Vide die Mercurii die 15 o Martii sequentis in sine diei On Monday the 13 th day of March six Bills of no great moment had each of them one reading of which the first being
up to the Lords from the House of Commons of which the first being for the Sale of Edward Fishers Lands was returned expedited and the second was a Bill for the more speedy and due Execution of certain branches of the Statute made in the twenty third year of the Queens Majesties Reign intituled An Act to retain the Queens Majesties Subjects in their due obedience with an amendment and a provision annexed quae communi omnium Procerum assensu conclusa expedit ' and the third being the Bill for continuance of Statutes was read primâ vice On Tuesday the 21 th day of March primâ secundà tertiâ vice lect ' sunt the Amendments of the Bill to avoid fraudulent Assurances made in certain cases by Traitors quae commumi omnium Procerum assensu conclusa tradit ' servienti Gawdy Doctori Carew in Domum Communem deserend ' Two Bills also of no great moment had each of them one reading of which the first being a Bill for limitation of time touching Writs of Errours upon Fines and Recoveries was read tertiâ vice communi omnium Procerum assensu rejecta est Two Bills were sent up to the Lords from the House of Commons which as it seemeth were of so little moment as that they are omitted in the very Original Journal-Book of the Upper House On Wednesday the 22 th day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ tetriâ vice and sent to the House of Commons by Serjeant Gawdy and Doctor Carew being first passed by the Lords with an Amendment The first reading of this Bill appeareth not in the Original journal-Journal-Book of the Upper House and by that which followeth on Thursday the 23 d day of this instant March following it is plain that the Entrance of the several readings of this Bill with the Amendments thereof is much mistaken and confounded through the great negligence of M r Anthony Mason at this time Clerk of the Upper House A Bill for the Sale of Thomas Hanford's Lands was brought up to the Lords from the House of Commons The Lords having before passed a Bill to the same effect and sent it down to the House of Commons and they having rejected it without any Conference first desired and had with their Lordships therefore the Lords thought it a Precedent so strange and so far different from the Orders of this House that they of the House of Commons should reject a Bill sent from this House without Conference and frame a new Bill to the same effect and send it up that they did resolve to put it to the Question Whether this new Bill should by the Orders of this House be read here or not The whole House being particularly asked their opinions herein with one assent concluded not one gainsaying that it should not be read On Thursday the 23 d day of March the Bill for the continuance and perfecting of divers Statutes was read secundâ tertiâ vice communi omnium Procerum assensu conclusa with the Amendments Vide concerning this matter in the beginning of the day immediately foregoing being Wednesday for it should seem that the Bill it self was then read primâ secundâ vice and the Amendments only at this time although they be both set down very confusedly through the negligence of the Clerk of the Upper House The Bill for the Queens Majesties most gracious general and free Pardon communi omnium Procerum assensu conclusa tradit ' servienti Gawdy Doctori Carew in Domum Communem deferend ' Which said Bill was brought back again this morning from the said House of Commons unto the Lords with another Bill which was for the continuance and perfecting of divers Statutes There is no other or further business of this day set down in the Original journal-Journal-Book of the Upper House save only her Majesties Royal Assent given to divers Bills which had passed both Houses although she her self was absent which was done by her Majesties Letters Patents under the Great Seal Which because of the rarity of the Precedent are here verbatim transcribed together with the manner and solemnity of this days meeting out of the said Original Journal-Book in manner and form following viz. Hodie quum omnes Proceres Robis Parliament aribus induti in suo quisque loco sederent Prolocutor de Domo Communi unà cum omnibus qui ad hoc praesens Parliamentum summoniti suerant Militibus civibus Burgensibus accersitis praestò esset Edmundus Anderson Miles Capitalis Justiciarius de placito communi quia Cancellarius nondum convaluit exponit omnibus Regiam Majestatem magnis urgentissimis quibusdam negotiis adeò esse impeditam ut non queat impraesentiar ' commodè interesse Tamen inquit sua Majestas imperavit mibi ut suo nomine vobis hîc praesentibus declarem quibus Legibus seu Statutis à vobis in hoc praesenti Parliamento pro vestra parte stabilitis velit Regium assensum suum adhibere sine quo Legum vigorem obtinere non debent sicuti vos probè nôstis Et hiis dictis protendit Clerico Parliamentor ' quasdam Literas sub magno Sigillo Angliae Patentes quos ipse publicè legit Literae autem scriptae fuerunt in haec verba ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right well-beloved the Lords Spiritual and Temporal and to our Trusty and well-beloved the Knights Citizens and Burgesses the Commons in this present Parliament Assembled Greeting We have seen and perfectly understand divers and sundry Acts and Ordinances annexed and affiled to these Presents agreed and accorded by our loving Subjects the Lords Spiritual and Temporal and the Commons in this our present Parliament assembled and severally indorsed by you as hath been accustomed The Titles and names of which Acts hereafter do particularly ensue that is to say an Act for the Confirmation of the Attainders of Thomas late Lord Pagett and others An Act concerning Errors in Records of Attainders of High-Treason An Act to avoid frandulent Assurances made in certain Cases by Traitors An Act to prevent Extortion in Sheriffs Under-Sheriffs and Bailiffs of Franchises or Liberties in Cases of Execution An Act for the Continuance and perfecting of divers Statutes An Act for the more speedy and due Execution of certain Branches of the Statute made in the 23 d year of the Queens Majesties Raign intituled An Act to retain the Queens Majesties Subjects in their due obedience An Act for the Confirmation of the Sale of Edward Fishers Lands made towards satisfaction of his Debts Charges and Incumbrances An Act of one Subsidy granted by the Clergy An Act for the Grant of one entire Subsidy and two Fifteenths and Tenths granted by the Temporalty An Act for the Queens Majesties most gratious general and free Pardon And albeit the
might not be committed to the Bishop of the Diocess because their Chancellors are so much affected to the Canon Law that some are infected with Popish Religion Besides the office of Bishops is to preach and this duty in the one calling would not be hindred by other affairs committed to their care Wherefore fitter it is that the Justices of Assize should have the appointment of them Then said Sir Edward Stafford it may be the Party is Enemy to him to whom the Child is committed therefore the Commitment is to be by two or three Then Mr. Wroth spake as followeth The Law hath no Proviso for Leases no remedy is appointed as by the distress or otherwise how the Guardian is to come by the money appointed to him for the Custody of the Child of a Recusant And it were fit to make a Proviso that no Party being next Heir to the Child should be his Guardian And the Recusant not to forfeit ten pound a Month for the keeping of his Wife otherwise for keeping of Servants Recusants After all these Speeches they agreed to have the Bill committed But the Committees names are all omitted in the said Anonymous Journal out of which these foresaid Speeches are inserted and are therefore to be supplied out of the Original Journal-Book of the House of Commons where they are set down in manner and form following viz. All the Privy Council Sir Thomas Cecil Sir Walter Raleigh Sir William Moore M r Feele M r Finch M r Wroth M r Greenfield M r Fulke Grevill M r Sands M r Cradock Sir Francis Hastings Sir Edward Stafford M r Morrice M r George Cary M r Peejam M r Tasborough Sir Henry Unton Sir William Bowes Sir Moyle Finch M r Attorney of the Dutchy M r Alice Sir Francis Vere Sir Edward Dimock Mr. Warren M r Lewes Mr. Tanseild Mr. Edw. Barker Mr. Beale Mr. Philips Mr. Stephenson M r Lewkenor M r Nat. Bacon M r Grimston Mr. Fuller all the Serjeants at Law Mr. George Moore Sir Thomas Wast Mr. Doctor Caesar Mr. Doctor Lewen Sir Henry Cock Sir Edward Cock Sir Edward Hobby Mr. Dier Mr. John Cary Mr. Emerson Sir Thomas Shirley Mr. Fanshaw Sir John Harrington Sir Henry Knivett Sir Charles Candish and Sir Francis Drake And the Bill was delivered to Mr. Serjeant Telverton who with the rest was appointed to meet upon to Morrow next at two of the Clock in the Afternoon at Serjeants-Inn in Fleetstreet Mr. Chancellor of the Exchequer one of the Committees in the great Cause for Consultation and provision of Treasure appointed on Monday the 26 th day of this instant February foregoing shewed that he and the residue of the Committees in that Case met yesterday in the Afternoon according to the Commission of this House and upon Conference had amongst them for some convenient proportion of Treasure to be provided did in the end agree that two intire Subsidies and four Fifteenths and Tenths should be granted unto her Majesty if this present House shall so think good Upon which Report by him made it was upon the question agreed unto by the whole House that the same two intire Subsidies and four Fifteenths and Tenths should be granted unto her said Highness accordingly Which done Mr. Nathanael Bacon one also of the said Committees put the House in remembrance that at their said Conference in the said Committee it was moved by some of them that the present necessity of the Causes now moving them to offer the said double Subsidy and double Fifteenths and Tenths should be set down and inserted in the Bill for the granting thereof After this Speech of Mr. Bacons there is no particular mention of any other Speech which was spoken at this time touching this business in the Original Journal-Book of the House of Commons and therefore these Speeches which follow are supplyed out of another Anonymous Journal of the passages of this Parliament more particularly mentioned at the beginning of this present Journal Sir Henry Knivett spake allowing the Subsidies but withal desired these things First that it might be lawful for every Subject to annoy the King of Spain that would that weak Forces might not be spent against him but a Royal Army That we should not wrastle with him on our own ground but abroad Further that all her Majesties debtors might be called in and her Majesty to have power to sell all the Debtors Lands of what State soever they were seized of No Steward or Commissioner but to answer her Majesty the Royal Fines and Sums they received All her Woods to be viewed and the great Timber to be for sale the Copy wood to be sold to encrease the Revenues Licences granted to any to have benefit of penal Statutes to be taken in and the whole benefit of Inns and Alehouses to come to the Queen A great benefit to come to the Queen by this new Statute against Recusants Their Children to be committed to persons of sound Religion The whole benefit of their relief and living to come to the Queen deducting only charges for Education of Children Serjeant Harris agreed on the Subsidy because Parliaments were seldom whereas by the Statute of 4 Edw. 3. they may be called every year The Subsidies to be granted to maintain Wars but whether it be War or no War as yet we know not And the things which we take from the Spaniard is doubted by many not to be lawful prize Therefore desires in the Subsidies to have it set down that those Subsidies be to maintain a War impulsive and defensive against the Spaniard Sir Walter Raleigh seconded his Speech agreeing in all things with the Serjeant and said he knew many that held it not lawful in Conscience as the time is to take from the Spaniards And he knew that if it might be lawful and open War there would be more voluntary hands to fight against the Spaniard than the Queen should stand in need of to send to Sea Nota That these aforesaid Speeches are all that are found in the forementioned Anonymous Journal and therefore that which follows is made perfect out of the Original journal-Journal-Book it self in manner and form following viz. After the former and other like Speeches in which also some had moved that to make the Wars against the King of Spain and his Subjects lawful and warrantable it should be inserted into the preamble of the said Bill that so great and extraordinary supply was at this time given for the resisting of his power and preventing of his malice it was Ordered by the House upon the question that all the Serjeants at Law which are Members of this House Mr. Heile Mr. Philips Sir Walter Raleigh Sir Francis Drake Sir George Carey Mr. Doctor Caesar Mr. Doctor Awberry Mr. Francis Bacon Sir Francis Gudolphin Mr. John Hare Sir Thomas Conisby Mr. Attorney of the Wards Mr. Attorney of the Dutchy Mr. John Trevor Mr. Sands Mr. Doctor Lewen Mr. Beale Sir Henry Unton and Mr. Ridisden
Cancelled and rased This I read in my Book For in this Case whatsoever a man tells me 〈◊〉 believe it not unless I see it written Non lego non credo in these Cases In the twenty third of the Queen I was of Councel with one in a Cause where we tryed all means to reverse a Judgment and brought a Writ of Error in the Parliament and the Writ was issuing out of the Parliament and upon the fieri facias was set Domina Regina and it was under the Great Seal of England and the Writ was returned in Parliament So this is plain the Writ is always returnable in Parliament but if in Parliament then of the Upper House for of that House we are but a Limb. This Writ I have seen then thus returned but never any man saw a Writ returnable in the Lower House so for this I hold the Writ cannot be returnable into this House But now for the Authority we have for though this be true I say yet I speak not to take any priviledge from this House for some things there are wherein we have Authority all of us But this is certain whatsoever we do sedente Parliamento it is the Act of the whole Court for the Lords without the Commons and the Commons without the Lords can do nothing Now then at the first before the division of the House all Writs were returned proximo Parliamento but since the division of the House it hath been always used and plainly it must be returned into Chancery And to say we cannot have notice of it nor cannot judge upon the Record being in Chancery plainly we may as well as we do upon the Return of every Burgess which is made into the Chancery and the Cause is all one And the Chancery in making the Writ will not alter from that their Warrant made from this House which must be according unto ancient form for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ I desired to have a recital added in these words Quòd cùm existente Parliamento captus fuit c. with the recital of the Cause of priviledge My Lord Keeper conferring with the Judges upon it would not allow it but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge until there appeared a Cause of priviledge for the party As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers I have heard great learned men say that that Cause is no good Law and that the House did more than was warrantable Now for the Motion of Conference with the Judges the Case of Thorpe 31 H. 6. is not able for this point I have the Record Thorpe was Speaker in that Parliament The Parliament being Summoned to be in June it was Prorogued until September in the mean time Thorpe was taken in Execution by the Duke of York he notwithstanding this thought to have had the priviledge of the Parliament At the next Sessions the matter being greatly considered whether he could have a priviledge or no a Conference was had in the Cause with the Judges the Judges being required in humble sort refused except it were so that the House did command them for in the House of Parliament the chief Judges and their Judgments are controulable by the Court but if the House did command them they would be willing to inform them what in their opinions they knew and thought This they did in the great Cause of Thorpe and I think we should do well in doing the like Now another thing is to be considered for Judicis Officium est ut res it a temperari c. The consideration of Time must accompany a Judges Office the Parliament draweth to an end and this would be done with expedition so the party was appointed to have his Councel the next Morning in the Parliament and they to be heard and have the advice of the Judges Vide the Resolution and Conclusion of this business upon Thursday the 5 th day of this instant April ensuing Thus far out of the aforesaid Anonymous Journal the residue of this days Passages and part of the next are inserted out of the Original Journal-Book it self M r Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners appointed on Monday the 2 d day of this instant April foregoing shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House and shewing the same Amendments with the reasons of them to the House the same Amendments were well liked of by this House and assented to be inserted into this said Bill and after the twice reading of the said Amendments the said Bill so being amended was upon the question Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas had its first reading On Wednesday the fourth day of April M r Barker one of the Committees in the Bill concerning Spinners and Weavers who had been appointed on Monday the 26 th day of March foregoing shewed the meeting and travel of the Committees and their Amendments to the Bill praying the reading of the same Amendments which being read and ordered by the House to be inserted into the Bill the same Amendments were afterwards twice read and the Bill was upon the Question Ordered to be Ingrossed M r Wroth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments to the said Bill and prayeth the reading of the same Amendments which being read and Ordered by the House to be inserted in the said Bill and also twice read afterwards was upon the Question Ordered to be ingrossed The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign Intitled an Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same was read the second time Upon which divers Speeches passed in the House before the said Bill was committed some of them being of very good moment Which because they are omitted in the Original Journal-Book it self are therefore supplied out of the often before recited Anonymous Journal in manner and form following Sir Thomas Cecill Doctor Lewen M r Sands Sir Thomas Heneage Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin Eliz. for reducing disloyal Subjects to their due obedience as is aforesaid Sir Walter Raleigh said In my conceit the Brownists are worthy to be rooted out of a Commonwealth But what danger may grow to our selves if this Law pass it were fit to be considered For it is to be feared that
QUEEN ELIZABETH IN PARLIAMENT A. L. Chancellor B. Marquises Earles C. Barons D. Bishops E. Judges F. Masters of Chancery G. Clerks H. Speaker of y e com̄ons I. Black Rod. K. Sergeant at Armes L. Members of the Commons house M. Sr. Francis Walsingham Secretary of State THE JOURNALS OF ALL THE PARLIAMENTS During the REIGN of Queen ELIZABETH BOTH OF THE HOUSE of LORDS AND HOUSE of COMMONS Collected By Sir SIMONDS D'EWES of Stow-Hall in the County of SUFFOLK Knight and Baronet Revised and Published By PAUL BOWES of the MIDDLE-TEMPLE LONDON Esq LONDON Printed for John Starkey at the Mitre in Fleetstreet near Temple-Bar 1682. TO Sir Willoughby D'Ewes Baronet SIR ALthough none can have so good Title to your Father's Labours as your Self and the improvement of his Posterity by them was his great desire yet he did not intend to confine them to his own Family but his Study tended to the publick good Amongst those very many and large Volumes Written by his own hand and his Servants I made choice thoroughly to revise these Journals in the Collecting of which the most indesatigably Industrious Author imployed much Time Labour and Cost constantly endeavouring to find out the Truth and faithfully and impartially relating the same In his own Preface to which there needs no other to be added he doth declare his Credentials and Vouchers̄ and also the Usefulness of the Work But there are several other good purposes to which these Journals are very conducible not particularly mentioned in his Preface Yet I shall name but two The one to be a discovery of the true intent and meaning of some Acts of Parliament of those times which are now controuerted The other to be a just representation of that Sincerity Perspicuity and Unreseruedness with which the Members of Parliament then exprest their Minds and gave their Advice that there was no difficulty to understand them The Authority and substantial Excellency of these Collections especially since the Original Journal Books are not now extant and their rarity do sufficiently recommend them to all Judicious Persons and did abundantly convince me that I could do no better service to my Country nor greater Justice to the Memory of my Worthy Uncle than to publish this Monument of his Fame Nor do I know how duly to express my thankfulness to you otherwise than by this publick acknowledgement as of your many other Favours so in particular for my free access unto and use of your well stored Library which hath furnisht me with this opportunity to subscribe my self Your most Obliged Humble Servant PAUL BOWES THE PREFACE OF Sir Simonds D'Ewes BEFORE THE ENSUING JOURNALS OF ALL THE Parliaments and Sessions of Parliament during the Reign of Queen ELIZABETH Wherein are expressed the several Materials and Authorities out of which the said Journals were extracted and drawn As also what Method and Form hath been observed in the transcribing of them together with the excellency and use of them IN respect that these ensuing Journals both of the Upper House and House of Commons during the Reign of that Incomparable Princess and Virgin Queen Queen Elizabeth whose memory will ever remain dear and precious to the Church of God are Collected and Framed up by my exceeding great pains and diligence out of several Materials and do contain in them Incomparable Historical matters both touching the Church and State as well as matters of rarity and Precedent incident to the Orders Priviledges or Usages of either House It shall not be amis shortly to touch those Heads that so they may serve as a Key for the better Direction and Guidance in the use of the Journals themselves First therefore I will set down briefly all those Materials out of which I have Collected these ensuing Journals Secondly the Method I have constantly observed in the causing them to be Penned or Transcribed And thirdly the rich Treasures of rarity and knowledge contained in them First for the Materials out of which I drew these ensuing Journals of either House they were for the most part rare and invulgar viz. 1. The Original Manuscript or Journal-Books of the Upper House of every Parliament and Session of Parliament of the Queens Reign remaining in the Office of the Clerk of the same House and these are absolute and undeniable Records and therefore could not be removed out of the said Office but I was inforced as often as I had occasion to use them to repair unto the same to which I had most free and respectful access always offered me as also to the Bundles of Original Acts and Petitions reserved there 2. A large Manuscript Abridgment in Folio of all the said Original Journal Books of the Upper House during her Majesties Reign very faithfully for the most part collected and transcribed with his own hands by Robert Bowyer Esquire who continued Clerk of the said House ab an 6 Jacobi Regis until the eighteenth year of the same King 3. The Original Journal-Book Manuscripts of the House of Commons of every Parliament and Session of Parliament during her Majesties Raign 4. Another help which I had for the perfecting of these Journals were the two Manuscript Volumes of Fragmentary and Imperfect Journals or rather Collections of the Parliaments and Sessions of Parliament of Queen Elizabeth's Reign which remained in Sir Robert Cottons well known and much famoused Library in the said Years 1629 and 1630. out of which I had most of the Speeches of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England Out of these also I had passages which did excellently serve to enlarge and beautify some of the Journals of the House of Commons as is fully mentioned in their proper places In which two Volumes of Parliamentary Collections which then remained in Sir Robert Cottons Library as asoresaid who since Deceased on Friday the 6. day of May Anno Domini 1631. many things being either ignorantly or negligently referred to other times than in truth they belonged unto are here rectified and enlarged according as the occasion it self required 5. And another means to enlarge these Ensuing Volumes were Manuscripts or written Fragments I had by me of Parliamentary Speeches Petitions and such like Passages especially touching the House of Commons all which served most fitly in their due places to supply those things and matters in which the Original Journal-Books themselves were defective 6. A further material for the furtherance of this present work was a Manuscript Treatise which I had by me Intituled Modus tenendi Parliamentum apud Anglos Compiled especially as I conceive by Robert Bowyer Esquire and afterwards enlarged by Henry Elsing Esquire at this present Clerk of the Upper House of Parliament in which were many good Collections touching Proxies Summons Receivors and Tryors of Petitions the Commons Prolocutor and other matters incident to the Passages of the Journals of either House and those especially gathered out of Records of which Treatise there is very
divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
your things you observe such Order that matters of the greatest Moment and most Material to the State be chiefly and first set forth so as they be not hindred by particular and private Bills to this purpose That when those great Matters be past this Assembly may sooner take end and men be licensed to take their ease I have said The Speaker being thus allowed he returned to the House of Commons with the Serjeant of the House bearing the Mace before him and the Queen's Majesty and the Lords rose and departed On Monday the 30th day of January were divers Lords Spiritual and Temporal present as is plainly set down in the entrance of the names in the Original Journal Book of the Upper House Francis Spilman Esq Clerk of the Upper House standing at the Table near the lower Woolsack did there read a certain Bill written in Paper and Intituled An Act for the restitution of the first Fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages Impropriate to the Imperial Crown of this Realm and after he had so read it which was accounted the first reading thereof then he delivered the same kneeling unto Sir Nicholas Bacon Knight Lord Keeper of the Great Seal together with a Brief of the Bill The Lord Keeper read the Title of the Bill and then reported the effect of the same unto the House out of the Brief And then concluded with these words viz. This is the first time of the reading of this Bill And there is no mention made in the Original Journal Book of the Upper House that this Bill was at all spoken unto upon this reading neither is it indeed usual although there have not wanted Presidents thereof prout A. 1. H. 8. 11. Die Parliamenti Billa de actionibus brought from the Commons Lecta prima vice Domini disputando censuerunt reformandum quod Regia Majestas haberet 3. vel 4 Annos pars vero contra partem nisi unum Annum And a Bill hath been rejected upon the first reading prout Anno 3. Edw. 6. 14. Nova Billa pro jurisdictione Episcoporum Rejected and a Committee appointed to draw a new Bill of which also there want not divers other Presidents in most of the other Journals during her Majesties Reign but most true it is that usually a Bill is seldom rejected till the second reading for then it is most proper to be spoken unto and when it hath received either a longer or shorter disputation in the House then the proceedings eommonly are either to order it to be engrossed or refer it to Committees or to reject it which course holdeth only in Bills that come newly into either House For if a Bill having passed one of the two Houses be sont unto the other it is never ordered to be ingrossed because it comes from thence ready ingrossed in Parchment and seldom referred to Committees or rejected there want not also divers Presidents when a Bill hath been disputed after the third reading and sometimes recommitted and sometimes rejected Of all which the Examples and Presidents are so frequent in all the insuing Journals of this Queen as also in those foregoing of H. 8. Ed. 6. and Queen Mary as there is not need to make any large Citation of them Neither do there want in their several places fit and due references whereby to refer the several Presidents of this nature contained in one and the same Journal from one to another Which things being thus premised and observed now follow some Animadversions or Presidents touching the Commission of Bills and further proceedings in them upon the first reading Bills also have been Committed upon the first reading prout An. 6. H. 8. 14. Feb. recepta est Billa in papyro concernens apparatum lecta est prima vice deliberata Magistro Pigot reformanda Anno Primo Ed. 6. 21. Novembris allata est à Communi domo Billa for benefices Common Preachers and residence quae prima vice lecta est commissa Archiepis Cantuarien ' Episcopo Elien Episcopo Dunolmen ' Episcopo Roffen ' Episcopo Lincoln ' Marchioni Northampton Domino St. John Comiti Arundel Domino Admirallo Domino Wentworth and in A. 5. Edw. 6. 16. Feb. Hodie prima vice lecta est Billa to avoid regrating forestalling c. commissa est Magistro Hales Magistro Molineux Magistro Saunders Solicitatori Reginae And there are very many Presidents that Bills have been committed upon the first reading in the times of Hen. 8. and Ed. 6. as may appear by the Committees of those times The like Presidents are to be found in most of the Journals of her Majesty prout A. 8. Eliz. Oct. 3. The Bill for the better Executing of Statutes c. codem An. 5. Octob. touching Fines and Recoveries An. 13. Eliz. 20. Aprilis against fraudulent Conveyances c. An. 14. Eliz. 12. Maij for preservation of Woods eodem An. die for the punishment of Vagabonds and so in many other Parliaments of this Queen's time of which because they are so frequently obvious it would be unnecessary to make further repetition And although there be no mention made in the Original Journal Book of the Upper House that the Lords and Members of the same were this day called yet there is no great doubt to be made thereof and therefore I have caused it to be inserted and applied unto this time in manner and form following Francis Spilman the Clerk did on this third day of the Parliament call every Lord in the House by his Name that so it might be seen who were present beginning with the lowest Baron and ascending to the highest Peer where also the Proxies and other Excuses of the absent Lords were Registred But it may be Collected by the Parliament Rolls Annis 37. 38. 40. 43. 45. 47. 50. Ed. 3. that the Lords names were called the first day and the Commons also in the Upper House before the King 's coming which Order in respect of the time is held still with the Commons whose Names are usually called at this day in the Court of Requests the first day of the Parliament Dominus Custos Magni Sigilli continuavit presens Parliamentum usque in diem Crastinum hora Octava On Tuesday the 31th day of Jan. the former Bill for the restitution and annexation of the first Fruits and Tenths to the Imperial Crown of the Queen's Majesty was read the Second time Francis Spilman Esq Clerk of the House having read the said Bill for the Restitution and Annexation of the First-fruits c. standing at the Table near the nether Woolsack did then deliver the same without any Brief Kneeling to the Lord Keeper who thereupon read the Title thereof to the House and said This is the second Reading and so the Bill was Ordered to be Ingrossed which is no more than to Transcribe the Bill sairly out of the Paper in which it was written into Parchment More
shall be said touching the referring of a Bill to Committees on Fryday the third day of March ensuing where is the first mention of Committing any Bill during this Parliament After the second Reading of the aforesaid Bill there appeareth no other matter in the Original Journal Book of the Upper House save only the entrance of the continuance of the Parliament by the Lord Keeper On Wednesday the first day of February the Bill for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm was read the first time in such manner and form as the Bill for the Restitution of the First-fruits and Tenths c. was read on Monday the 30th day of January foregoing and was thereupon Committed to the Queen's Attorney which cannot properly be called a Committing of the Bill because no Lords are named Committees therein but only a referring of the Bill to the said Attorney who as is most likely with the residue of the Queen 's Learned Council did at first draw it that so upon further perusal thereof he might again bring it into the House and Certifie the Lords if any thing were to be altered or reformed in it On Saturday the 4th day of February the Bill for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this Realm was read the second time in such manner and form as the Bill for the Restitution and Annexation of the First-fruits c. was read on Tuesday the 31th day of January foregoing and was thereupon Ordered to be ingrossed The Bill also for the Restitution and Annexation of the First-fruits and Tenths and Rents reserved Nomine Decimae and of Parsonages impropriate to the Imperial Crown of this Realm was read the third time The whole manner and form of Proceedings wherein as also of the sending thereof down unto the House of Commons I have caused to be Transcribed out of that before-mentioned written Discourse touching the whole Order and Process of passing of Bills in the Upper House Penn'd by H. Elsing Esq at this time Clerk of the same this present year 1630. and the form of the said sending down thereof out of a like Treatise of passing Bills in the House of Commons Pen'd by W. Hackwel of Lincolns Inn Esq For I conceive there is no question but that the Form used at this day is one and the same with that which was observed this first year and the rest ensuing of her Majesties Reign And therefore I have applied all to this time although there be nothing thereof expressed in the Original Journal Book it self of the Upper House save only the very Title of the Bill the time of the reading the dissent of the Bishops and the sending of it down to the House of Commons Francis Spilman Clerk of the House standing by the Table at the nether Woolsack read the same Bill and then indorsed upon it being fairly ingrossed in Parchment these words 3. vice lecta and then delivered the same kneeling to the Lord Keeper without any Brief of the Bill who thereupon repeating the Title only of the Bill said This is the third Reading of the Bill Then his Lordship demanded of the House whether he should put it to the question for passing which being agreed on affirmatively the question was thus put Such of your Lordships as are of opinion that this Bill is fit to Pass or shall Pass say content Then the lowest Baron first beginning said content without any more words and so did all the other Barons in their order ascending to the Highest Then the Bishop of Carlile being the puisne Bishop present said not content and so also in like manner said the Bishop of Chester the Bishop of Exeter the Bishop of Coventry and Lichfield the Bishop of Landaffe the Bishop of Worcester the Bishop of London and the Archbishop of York by which it may be seen how unwillingly these Popish Bishops did suffer their Dagon to fall down And after the Bishops all the other Temporal Lords present beginning with the lowest and ending with the highest did all Nullo Contradicente say content After which all the Barons first stood up and after them all the Earls and other Lords who had voted the Affirmative And then stood up the Archbishop of York and all the other Bishops who had voted the Negative and so upon the great inequality of their Voices at the first view the Bill Passed and its likely that the Voices for the Passing of the Bill exceeding so much the number of those who were against it that the Proxies of the absent Lords were not at all demanded which might have been if the House had moved or required it but I conceive that those are most frequently called for when the difference of the House stands upon some equality of Voices The Bill being thus Passed was delivered to the Queen's Attorney and Solicitor to be carried to the House of Commons which was not performed by them as appears by the Original Journal Book of the said House until the Monday following being the 6th day of this instant Feb. the manner of the delivery thereof was as followeth viz. The said Attorney and Solicitor being admitted into the said House came up close to the Table where the Clerk sate and made three Congies and then acquainted Sir Thomas Gargrave the Speaker that the Lords had sent unto the House such a Bill of which one of them Read the Title and so again departed the House having made three other Congies There are also divers Proxies entred at the begining of the Original Journal Book of the Upper House to have been returned and introducted this day but whether before or after the continuance of the Parliament and rising of the House doth not appear On Thursday the 9th day of February the Bill wherein certain offences be declared Treason was Read the first time The Bill also for the Recognition of the Queen's Highnesse's Title to the Imperial Crown of this realm was by general consent concluded this being the third Reading and so the same was delivered to Mr. Solicitor and the Clerk of the Crown to be carried to the House of Commons the whole form of which Proceedings touching the third reading Passing and sending down of a Bill see in a like Case on Saturday the fourth day of this Instant Feb. foregoing The Bill against Slanderous and Seditious words was Read prima vice On Fryday the 10th day of Feb. The Bill whereby the Queen's Highness is made inheritable to the late Queen Ann her Majestie 's Mother was read prima vice and after the reading of two other Bills was read again the second time and Ordered to be ingrossed which speedy course the House took for the Passing of this Bill to express their zeal and affection to her Majesty whom it so nearly concerned The Bill lastly whereby divers Offences be made Treason and the Bill against Seditious words and rumours were each of them read the
at all named with the Committees of the Lords in all the aforesaid Journal Books may doubtless be conceived to have happened through the Clerk's negligence For in the very next ensuing Session of Parliament in An. 5. Regin Eliz. they are seldom omitted prout on Tuesday the 26th day of January on Saturday the 30th day of the same Month as also on Saturday the 20th day of March then next following The Bill for Restitution of Robert Rudston was read secunda vice and again tertia vice conclusa The Bill also to revive a Statute made A. 23. H. 8. against the Conveyance of Horses Geldings and Mares into Scotland was read tertia vice conclusa and the Bill touching the Duke of Norfolk was read secunda vice Commiss ' ad ingrossandum Six Bills were brought up to the Lords from the House of Commons of which the first being for the restitution in blood of the Lord John Grey the second for restitution in blood of Sir J. Gates Knight and the third for restitution in blood of Sir James Croft Knight were each of them returned conclus ' the fourth was touching the changing of Gavelkind Land of the Lands of Thomas Brown and George Brown the fifth for the Incorporation of Trinity Colledge n. Cambridge and the last for assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy On Saturday the fourth day of March the Bill to change the nature of Gavelkind Land of the Lands of Thomas Brown and George Brown was read the first time The Bill touching Tanners and Sellers of Tanned Leather was read the first time and the Bill for Shoemakers and Curriers was read the second time and both of them Committed to the Duke of Norfolk the Earl of Shrewsbury the Bishop of London the Bishop of Carlile the Lord Rich and the Lord Willoughby Dominus Thesaurar ' continuavit presens Parliamentum usque in diem Lunae prox ' hora nona Nota That that there appeareth no Commission or other Authority in the Original Journal Book of the Upper House by which the Lord Treasurer supplied the Lord Keeper's place but most probable it is that either the Commission it self is negligently omitted by Francis Spilman Esq at this time Clerk of the said House or else that the said Lord Treasurer did continue it only upon her Majesties Verbal Authority and Command as did the Lord Treasurer in the like Case in the Session of Parliament A. 18. Regin Eliz. on Saturday the third day of March. On Munday the 6th of March the Bill for the Ratification of the Marriage between the Duke of Norfolk and the Lady Margaret now his Wife and for the assurance of certain Lands for her Joynture was read tertia vice conclusa The Bill also for the restitution in blood of Harry Howard c. younger Brother to the Duke of Norfolk was read prima vice The Bill also for the Explanation of the restitution of the Lord Cardinal Pool was committed to the Archbishop of York the Duke of Norfolk the Earl of Rutland the Bishop of Carlile the Lord Rich the Lord Willoughby and the Lord Hastings of Loughborough but no mention is made of the reading thereof which was doubtless omitted through the great Negligence of Francis Spilman Esq Clerk of the Upper House for this Bill was read prima vice on Munday the 27th of February foregoing and was Committed to the Lord Chief Justice of the King's Bench and the Queen's Attorny to consider of it as is probable and to make report thereof unto the Lords which being done this day and the Bill thereupon as may likewise be gathered read the second time it was Committed to the Lords abovenamed and on the morrow following it was read tertia vice and Passed the House and on Wednesday the 8th of this instant March following was sent down to the House of Commons by Mr. Lewes and Mr. Vaughan On Tuesday the 7th day of March the Bill for the explanation of the Repeal of the Attainder of the late Lord Cardinal Pool was read tertia vice conclusa The Bill also for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy and the Bill for the Incorporation of Trinity-Hall in Cambridge were each of them read prima vice The Bill lastly for explaining the Statute made against ingrossing of Dead Victuals and the Bill that Gerson Wroth born in Germany shall be reputed the Queen's natural born Subject were sent up to the Lords from the House of Commons On Wednesday the 8th day of March the Bill for the explanation of the Statute against ingrossing of Dead Victuals and the Bill for the true Answering of the Queen's Majesties Revenues were each of them read prima vice Four other Bills also of no great moment had each of them one reading of which one being the Bill for the changing of the nature of Gavelkind Lands of Thomas Brown and George Brown and another for the assurance of Lands to the Lord Wentworth the Lord Rich and the Lord Darcy were each of them read secunda vice but no mention made that they were either Ordered to be ingrossed or referr'd to Committees because they had been sent from the House of Commons on the day next foregoing The Bill touching the Duke of Norfolk and that concerning Cardinal Pool were sent to the House of Commons by Mr. Lewis Mr. Vaughan On Thursday the 9th of March the Bill for the assurance of certain Lands to the Lord Wentworth the Lord Rich and the Lord Darcy de Chiche was read tertia vice conclusa dissentientibus Episcopo London Meneven ' Abbat ' de Westm ' the Bill for Gerson Wroth was read tertia vice conclusa and the Bill for exchange of the nature of Gavelkind Lands of the two Browns was read also tertia vice conclusa dissentient ' Duce Norfolciae Quatuor Comitibus tribus Baronibus The Bill lastly for the true Answering of the Queen's Majesties Revenues was read secunda vice Commissa ad ingrossand On Fryday the 10th day of March the Bill for the Incorporation of Trinity-Hall in Cambridge and the Bill for the true Answering of the Queen's Majesties Revenue were each of them read tertia vice conclusa and sent down to the House of Commons The Bill lastly for the explanation of the Statute against ingrossing of Dead Victuals was read secunda vice but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been sent from the House of Commons Tuesday the 7th day of this instant March foregoing v. a like Commitment on Munday 13th day of Feb. foregoing On Saturday the 11th day of March a Proviso to be annexed to the Bill of Treason was read prima secunda vice commissa ad ingrossand On Munday the 13th day of March a Proviso to be annexed to the Bill of Treasons was read tertia vice
words be impugned or gainsaid for seeing all men have thus at leisure and with liberty upon the making of these Laws frankly declared their opinions and knowledges likewise as learned men so the Laws being made and past her Majesty doubteth nothing but that they will like good humble and obedient Subjects willingly and humbly submit themselves to the Law as to Life And the rather also because that no Man in the obeying of Laws made at this Sessions being of the greatest moment should thereby be forced any otherways to do than either himself hath by Law already done or else others have before this time done whom both for wisdom vertue and learning it shall not be unseeming to any man here be it spoken without offence to follow and take Example of And thus much for the first part For the second part which concerneth your liberality and benevolence her Majesty hath commanded me to say unto you that your wise and grave Consideration had and used in the granting of a present aid and relief towards the relieving and discharging of the present charge wherewith the Realm at the time of her coming to the Crown was and yet is charged is by her Highness taken in thankful part and so is the restitution of the continual Revenue as some Supplement towards the maintenance of the continual charge of late time grown to the Crown as you have heard and of necessity to be continued as well for the surety of you all as for the Confirmation of the whole Estate And here my Lords and Masters all I take it to be my duty to do you to understand of certain noble and princely observations and considerations had by her Highness of these your doings much surely to all your Comforts whereof one is in that she forgetteth not that these grants be made not by Subjects that have been a long time free from all manner of Taxes Loans and Subsidies and so well able to bear this burthen but by Subjects much to her grief when she thinketh of it that have been well nigh continually charged with these things to the universal impoverishing of the whole Realm and no wayes to the strengthning amending or honouring of the same but rather to the weakning decaying and dishonouring of the same whereby it is evident yea too evident if it pleased God otherwise that these supplies are to be born not of your superfluities but rather of your necessities Marry of necessity also to withstand a greater necessity which otherwise might touch you and yours in surety The second Observation is your readiness and willingness in granting whereof her Majesty maketh a very great account perceiving thereby that neither warm words nor yet earnest nor long perswasions used amongst you have drawn you to this but that the same hath rather been by you willingly readily and frankly offered than by any of the means above remembred and that these your grants have altogether proceeded from the benevolent minds and hearty affections that you bear to your Soveraign Lady and Country which benevolence and affection her Majesty accepteth and taketh for the greatest benefit and most precious Jewel that a Subject can present to his Soveraign and to be short in this matter if Bis dat qui citò dat be a true saying you deserve great Commendation for your small staying hereunto Also her Highness addeth a third that is a generality and consent of their Grant knowing with what difficulty and diversity of Opinions in some times past these things have been brought to pass It is a certain and infallible ground that every good thing the greater it is the better it is Now this unanimity in consenting being as undoubtedly it is a good thing hath not her Majesty trow you good cause to rejoice in the universality thereof yes surely and thanks you therefore accordingly To make an end of this part her Highness hath specially commanded me to say unto you that when she calleth to remembrance what you have granted who hath granted and the form of granting she finds her self earnestly disposed if your Sureties and the State would so suffer as freely to remit these Grants as you did gladly grant them And where in times past long and vehement Orations and perswasions have been in these Cases used to such as occupied your places for the great diligence and careful circumspection to be had for the true levying of that which hath been granted for that the common numbers respect altogether themselves as private men and not themselves as members of the whole body whereby against all reason and right the Realm hath been often defrauded of the greatest part of the benevolence granted This notwithstanding her Highness hath willed me herein to use few words and only for t his respect lest else those which have shewed such liberality and benevolence in granting might seem to be suspected by her either of fidelity or diligence in levying whereof she thinketh her self assured and thereupon reposing her trust she doubteth nothing but by your good service these things shall be as truly answered as they have been freely granted and that this faithful trust thus reposed by her Highness in your true service shall serve her to better purpose than any words that could be spoken by me on her Majesties behalf And besides she thinketh which is much to be noted surely that it were better to adventure the loss of a great part of that she taketh her self assured of than your benevolent minds I mean by speaking one word too much Now to the third and last which containeth the Queen's Majesties pleasure for the well Executing of Laws Here my Lords and Masters all remembring your Wisdoms and Fidelities albeit that it be not much needful to put you in mind to how small purpose good Laws serve being not daily and diligently executed yet because the ancient Order hath been that somewhat at this time should be said for your remembrance in these matters therefore it is thought meet that I should trouble you with a few words I am sure you all judge if a man would be very diligent to provide Torches to guide him in his going by night and yet would be negligent in lighting any of them when he goeth in the dark he should show a notable piece of folly much like to a man that seeketh to cleanse his Garden and grounds from Weeds and Briers he carefully provideth many sharp Tools and Instruments for that purpose and when he hath so done layeth them fair up in a House without occupying of them and is it not great fondness trow you for men to use their endeavours to make good Laws to govern mens doings and to weed out those that be evil in the Common-Wealth and thereupon to bind them fair in Books and to lay them up without seeing to the Execution of those Laws Yes surely Wherefore ye see that as there hath been used by you great wisdom and discretion in devising of some so it
appears in the Journal ensuing in an eodem 27 Regin Eliz. So also in the Parliament de an 31 Regin Eliz. Feb. 21. Friday M r Saint Pole served as one of the Knights for the County of Lincoln being also Sheriff of the same Shire And lastly in the Parliament de an 43 44 Regin Eliz. Decemb. 2. Wednesday Peter Frechevile Esq was returned one of the Knights for the County of Darby being afterwards appointed Sheriff of the same County as was also Robert Lhuyde Esq constituted Sheriff of the County of Merioneth in Wales having been formerly returned Knight for the said Shire as appeareth in the Journal of the same Parliament on Tuesday the 8 th of Decemb. In and by all which Presidents it doth appear and may probably be gathered that neither her Majesty nor the House of Commons did conceive these two places to be incompetible but that they might well stand and be in one and the same man at one and the same time For her Majesty did first make these foregoing persons Sheriffs of the several Counties aforesaid not only after they were chosen but returned also Members of the House of Commons by which it is very plain she could not be ignorant of it and therefore her self and the said House did both allow of their being made Sheriffs as a thing well agreeing with the Priviledge of their former places and the service of that House and did not therefore give them a final discharge but only Liberty of recess about their necessary affairs into the several Counties before-mentioned as in the Case of Sickness or some other temporary cause of their absenting themselves from the House which being expedited they might return again to that service for doubtless if the said House had conceived that they had been disabled from their serving there by their new Offices it would have been ordered that a Warrant should have been sent to the Clerk of the Crown to have sent down a new Writ into the foresaid Counties for a new Election to have been made as in the Case of double Returns Death or the like is used And whereas in the Parliament de an 43 44 Regin Eliz. on Wednesday the 4 th day of November Sir Andrew Nowell being both Sheriff and Knight for the County of Rutland was wholly discharged and a Writ sent out de novo for a new Election That Case differed from all the foregoing Presidents and might well upon another reason be ordered by the House For the said Sir Andrew being Sheriff of the foresaid County of Rutland was afterwards Elected one of the Knights for the same and so compelled to return himself which could not be good in Law But if the said Sir Andrew had been chosen a Knight of some other Shire during his Sheriffalty or had been constituted Sheriff by her Majesty of the said County after he had been Elected and returned a Member of the House of Commons the Case had doubtless differed and the House would never have given Order for a new Writ to have been sent forth which course they observed in the two before-cited Presidents of M r Frechevile and Mr Lhuyde in the same Parliament Thirdly if these two places should not be competible then had it now lain in the Power of her Majesty or may lie in the power of any Soveraign of this Kingdom to have disabled as many Members from serving in the House of Commons as she should or could have constituted Sheriff She might have disfurnished or any Soveraign for the time being may disfurnish the said House at any time of all or the greater part of the ablest Members thereof Nota also That those words viz. Duos Milites Gladiis cinctos were inserted into the Writ of Summons after the Parliament an 13 E. 3. as may be gathered by the Parliament Roll of the same Year And whereas some have objected in the foregoing Case to prove that a Sheriff ought always to be attendant upon the affairs of the County and cannot therefore be a Member of the House of Commons the Objection is idle for till the tenth year of Queen Eliz. the Counties of Nottingham and Derby and of Warwick and Leicester had but two several Sheriffs as were also the Counties of Norfolk and Suffolk served with one Sheriff until the eighteenth Year of her Majesties Reign and so are the Counties of Sussex and Surrey served this present Year 1630. And antiently also as is plain by that MS. Catalogue of all the Sheriffs of England or the most part since the time of King H. 2. which is in many mens hands divers Counties were committed to one man as in an 1 H. 2. Richard Bassett and Awbrey de Vere were jointly constituted for Sheriffs of the several Counties of Norfolk Suffolk Northampton Essex Huntington Cambridge and Hartford and Robert Caran joined unto them for the Counties of Bedford and Buckingham From the Female Coheirs of the foresaid Richard Bassett being the Ancestor of the House of Weldon in Northamptonshire are lineally and undoubtedly descended the Families of Chaworth Stafford Knyvet Clinton Earl of Lincoln the Howards of the House of Suffolk and Clopton late of Kentwell in the County aforesaid and from the before-mentioned Awbrey de Vere is lineally descended as I take it Robert de Vere the nineteenth Earl of Oxford now living An. Dom. 1630. Upon the receit of the before-mentioned Writ and Election made accordingly the Sheriffs of every Shire made their several Returns of which the Form being set down in the old Book of Entries it shall be needless here to insert them But now having supply'd these matters of Form according to the usual Presidents the next passages follow out of the Original journal-Journal-Book of the House of Commons On Wednesday the 23 th of Jan. Anno Regni Regin Eliz. Primo The Parliament should have begun according to the Writs of Summons but by the Queens Commission directed to Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England the Lord Treasurer and others to Prorogue the same until Wednesday the 25 th day of the same Month it was so done accordingly On Wednesday the 25 th day of Jan. The Parliament held and began according to the last Prorogation thereof but there is no mention made in the Original Journal-Book of the House of Commons where or by whom the Names of the Knights Citizens and Burgesses of the said House were called that so it might be seen who were present But most certain it is that at this day they took no Oath before the beginning of this present Parliament because that of Supremacy which was afterwards taken was not enjoyned by Statute till this first year of her Majesty But most likely it is that Hen. Fitz-Alan Earl of Arundell at this time Lord Steward of her Majesties Houshold did both cause their names to be called in some place near the Upper House and their Appearance to be Recorded before her
the King willed him to make special Bills for them which he had done for seven c. And therefore it can be no Argument that the House of Commons had no Speaker before the 51 th year of E. 3. because no former Records mention him For this is to be noted that the Antient Parliament Rolls did record only what Acts passed between both Houses and what Laws were made and omitted matters of Form and Ceremony There are also divers Parliament Rolls tempore R. 2. that do mention the Presentment of the Speaker prout in an 1 Rich. 2. n. an 2 R. 2. n. 18. 20 22 23 an 4 R. 2. n. 10 12 13. an 5 R. 2. n. 10 16. an 21 R. 2. n. 8 9 14 15. So also the Speaker is mentioned in the Parliament Rolls de annis 1 2 4 5 6 11 H. 4. and in the Parliament Rolls of H. 5. H. 6. and E. 4. remaining in the Tower and in the Parliament Rolls of R. 3. H. 7. remaining in the Chappel of the Rolls in Chancery-lane and since H. 8. time the Original Journal-Books of the Upper House of divers of his Years remain in the Parliament Office scituate and being in the Palace-Yard at Westminster at the South Corner thereof as also the Original Journal-Books downwards to this time and from the first Year of Ed. 6. to this day the Original Journal-Books of the House of Commons are in the Custody or at the disposing of my kind Friend John Wright Esq Clerk of the same House this present Year 1630. And now here do 〈◊〉 the next place follow certain Observations upon the Election of the said Speaker transcribed also with very little alteration out of the before-mentioned Treatise of M r Elsinge Lib. Cap. eodem § 2. in which two Questions are moved First Whether the Commons might chuse their Speaker if the King Commands them not Secondly Whether the Election be in their own absolute choice For to clear these two we must view the Antient Records those of R. 2. are the first that frequently mention the Speaker It doth not appear by any of them that the Commons had ever any such Commandment to chuse their Speaker Neither is there a word of it in any Record of E. 3. which have the Speeches at large touching the Cause of Summons most of them concluding with a Charge to the Commons to consider and advise thereof amongst themselves but nothing touching the Election of their Speaker yet out of doubt they did first chuse their Speaker before they entred into any Debate of their Charge The first Charge to chuse their Speaker is in an 2 H. 4. and yet it is omitted again in the Parliament 7 8 H. 4. but that only excepted it is continued from the 2 H. 4. until this day and the long use hath made it so material that without the Kings Commandment or leave they cannot chuse their Speaker which appears by this that in an 31 H. 6. the Parliament being Prorogued and the Speaker arrested in Execution in the interim before the access the Commons prayed his Enlargement which after long Debates of the Priviledges of Parliament was denied And then certain of the Lords were sent to the House of Commons and Commanded them in the Kings name to chuse a new Speaker and thereupon they did so Vid. An Account of this President at the end of this Session out of Rot. Parl. 31 32 H. 6. And of late Years in the time of Queen Eliz. the Parliament being Prorogued at two several times and the several Speakers dead in the interim before their second access as shall be more largely declared hereafter in these Journals the Commons before they proceeded to any business acquainted the Lords therewith and desired them to intimate the same to the Queen and so were commanded by her Majesty to chuse new Speakers Ut vide in an 8 Regin Eliz. die 1 Oct. in an 23 Reginae ejusdem die 18 Jan. But as touching the second Question surely the Election of the Speaker was antiently free to the Commons to chuse who they would of their own House which appears in this that the King never rejected any whom they made choice of Vide 5 R. 2. The Parliament began 4 Novemb. and the 18 th of Novemb. the Commons came and presented Sir Richard Walgrave whom they had chosen for their Speaker who excused himself desiring to be discharged But the King Lui chargeast del faire sur sa ligeaunce in as much as his Companions had chosen him whereby it appears plainly that the choice was absolutely in their own power These Animadversions touching the Antiquity and Election of the Speaker of the House of Commons being thus inserted from several Authorities Now follows the Presentment of the Speaker and her Majesties allowance of him out of the Original journal-Journal-Book of the House of Commons in which many things of Form are also added by my self and divers Animadversions out of that before-mentioned elaborate MS. Treatise of M r Elsinge's penning Lib. 1. cap. 7. with some small Additions or Alterations On Saturday the 28 th day of Jan. about one of the Clock in the Afternoon to which day and hour the Parliament had been last Adjourned or continued on Wednesday the 25 th day of this instant Jan. foregoing her Majesty Sir Nicholas Bacon and divers Lords Spiritual and Temporal were present in the Upper House which said Lords as also her Majesty had on their several Parliament Robes of which the Knights Citizens and Burgesses and Barons of the House of Commons having notice they repaired thither Sir Thomas Gargrave was led up to the Rail or Bar at the lower end of the said Upper House who submissively excusing himself he humbly desired the Queens Majesty to free him from that Imployment and to Command her Knights Citizens and Burgesses of the House of Commons to Elect amongst themselves some other more able Member for the discharge of the said place But notwithstanding these reasons her Majesty signified his allowance by the Mouth of the Lord Keeper Nota That the exeuse of the Speaker is at this day meerly formal and out of modesty For he first excuseth himself unto the Commons when they Elect him and afterwards to the Soveraign when he is presented But antiently it seemeth they were both hearty and real or else no excuse at all was made And the first President of this nature that is found in Record is in the Parliament Rolls de an 5 R. 2. n. 9. die 4 Novembris where Sir Richard de Waldgrave Knight the Lineal Ancestor in the Male Line of the several Families of Waldegrave in Suffolk being chosen Speaker of the House of Commons did excuse himself unto the said King but was charged upon his Allegiance to undertake it sith he was Chosen by the Commons The next is in an 1 H. 4. of Sir John Cheny who made no excuse at his Presentment
Clerk of the said House having read the title and the Bill aforesaid standing kissing his hand delivered the same with a Breviate containing the substance of the Bill annexed unto it unto the Speaker who thereupon standing up uncovered and reading both the Title and the Breviate said This is the second reading and the having paused a while and as it is likely none speaking against the Bill he put the question for the committing thereof as followeth viz. As many as do think fit this Bill should be committed say Yea. And after the affirmative voice given as many as shall think the contrary say No and then as it should seem the Speaker judging that the affirmative voice was the greatest did put the House in mind to name Committees And thereupon every one of the House that listed did name such other Members of the same to be of the Committee as they thought fit and the Clerk either did or ought to have written down as many of them as he conveniently could and when a convenient number of the Committees named were set down by the Clerk then did the Speaker move the House to name the time and place when and where they should meet which the Clerk did also doubtless then take a note of and did also Silence being made in the House read out of that Book or Paper in which he entred them the Committees names with the time and place of their meeting And it is most probable that the Clerk of the House of Commons himself or his servant in the. transcribing out of the foresaid notes into that Book which now remaineth the Original Journal of the said House for this present Parliament did there wittingly and knowingly forbear to insert the names of the other Committees appointed in the foregoing Bill with the time and place of their meeting as matters of Form and not essential to the said Journal The Bill for a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time M r Carrell on the behalf of the Committees who were appointed on Monday the 30 th day of January foregoing to consider of the validity of the Writs of Summons of the Parliament foregoing and this present now Assembled in respect that these words Supremum caput were wanting in them did make report that it was agreed by the said Committee that the want of the said words did not at all hinder or impeach the validity of the said Writs of Summons and so consequently of those preceding Parliaments or this present now Assembled On Saturday the 4 th day of Feb. the Bill for Tonnage and Poundage to be granted to the Queens Majesty was read the second time and Ordered to be Ingrossed There passed divers Arguments in the House touching a Request to be made to the Queens Highness for her Marriage but by whom the said Arguments were made or what the substance of them was or what was resolved by the House upon them is through the negligence of the Clerk of the House of Commons omitted in the Original Journal-Book of the same yet it may easily be gathered by that which followeth on Monday the 6 th day and on Friday the 10 th day of this Instant February ensuing that the House did this day Resolve that such a Petition should speedily be drawn February the 5 th Sunday On Monday the 6 th day of Feb. the Bill for the Subsidy granted by the Temporalty was read the second time and thereupon Ordered to be Ingrossed The Bill for the restitution of Tenths and First-Fruits was brought from the Lords by M r Attorney and M r Sollicitor the manner of whose delivery thereof being not found in the Original Journal-Book of the House of Commons I have caused to be supplied according to the usual course thereof The said M r Attorney and Sollicitor being admitted into the said House came up close to the Table where the Clerk sate and made three Congies and then acquainted Sir Thomas Gargrave the Speaker that the Lords had sent unto the House such a Bill of which one of them read the Title and so again departed the House having made three other Congies It was Ordered by the House that M r Speaker with all the Privy-Council and thirty other Members of the same should attend upon the Queen this Afternoon to petition her Majesty touching her Marriage in such manner and Form as had been on Saturday last agreed upon but whether they were admitted to her Majesties presence doth not appear nor can possibly be gathered out of the Original journal-Journal-Book of the House of Commons neither in what manner their Petition was framed although it is plain by her Majesties Answer inserted at large on Friday the 10 th day of this instant February ensuing that it was only general to perswade her Majesty for the welfare of her State and Kingdom to be pleased to marry without limiting the time Person or place And howsoever whether this aforesaid Petition were delivered this Afternoon or no most likely it is that her Majesty deferred and took time to give an Answer in so weighty a business until the said 10 th day of February aforesaid which I do the rather gather not only from the above-mentioned Original Journal-Book it self in which there is no report or mention of her Majesties Speech made unto the House by the Speaker until in the Forenoon of the said day but also from an antient written Copy of her Majesties said Answer which I had by me in which it is referred unto the said 10 th day of February as then uttered by her which will also more fully appear in the passages of the said day where it is at large set down On Tuesday the 7 th day of February the Bill that the Citizens of York may take Apprentices notwithstanding the Statute to the contrary was read the first time The Bill also for the Subsidy of Tonnage and Poundage was read the third time and passed which may be gathered by these words viz. Judicium assent placed in the inner margent before the beginning of the entrance of the title of the said Bill in the Original Journal-Book of the House of Commons by which words I suppose the Clark intended as much as if he had recorded it at large that upon the said third reading of the Bill it passed the House by the judgment and assent of the same The manner and form of which third reading I have thought good to cause to be applied to the present occasion according to the usual course therein accustomed The Clerk of the House standing up read the Title and the Bill aforesaid and kissing his hand delivered the same unto the Speaker who standing up uncovered read again the Title of the said Bill and opened shortly the effects thereof and then said This is the third reading of this Bill and told them further that with their favour he would now put it to the Question for the
passing but paused a while to see if any Member of the House would speak unto it which at this day is commonly most used upon the third reading of a Bill and whether any of the said House spake unto the said Bill or no doth not appear But the Speaker holding the Bill in his hand made the Question for the passing of it in this sort viz. As many as are of the mind that the Bill shall pass say Yea which being Answered accordingly by the House or the greatest part of them the Bill passed and so he delivered it again unto the Clerk who because the Bill was Originally begun and first passed in the House of Commons wrote within the said Bill on the top of it towards the right hand these words viz. Soit baille aux Seigneurs The House was Adjourned until Thursday next because the Morrow following being Ash-Wednesday there was a Sermon to be Preached at the Court before the Queen at which as it should seem the greatest part of the House desired to be present On Thursday February the 9 th the Bill for Melcomb Regis in the County of Dorset to be fortified was read the first time And the Bill also to restore the Supremacy of the Church of England to the Crown of the Realm was read the first time and committed to M r Cooke as he is there termed and elsewhere Sir Anthony Cooke and as is very probable also to some others not named For it may be here noted that in the first Journals of her Majesties time the title of M r only is ordinarily given to Knights M r Sollicitor and M r Martin brought from the Lords the Bill for the Queens Title to the Crown which was delivered in such order and manner as was the Bill for the Restitution of Tenths and First-Fruits on Monday the sixth day of this Instant February foregoing Friday 10 Feb. the Bill for one Subsidy and two Fifteens and Tenths was read the third time and past M r Speaker declared the Queens Majesties Answer to the Message which was read to the House by M r Mason to the great honour of the Queen and the contentation of this House which is all that is contained in the Original journal-Journal-Book of the House of Commons touching this great business of their Petition preferred to her Majesty to induce her to marry and therefore it shall not be amiss to leave some larger memorial thereof for this business having been first propounded and resolved on in the said House on Saturday the 4 th day of this instant February foregoing and preferred to her Majesty as it should seem on the Monday following in the Afternoon was not answered by her Majesty until this Morning and was then also read in the said House as appeareth by the foregoing imperfect mentioning thereof And I am the rather induced to conceive that her Majesty gave not her Answer until this Morning to the said Petition of the Commons from a Copy of the said Answer which I have by me written by Alexander Evesham which said Answer out of the said Copy in which it is referred to this instant 10 th day of February with the title and subscription thereof do now in the next place follow verbatim Friday 10 th of Feb. 1558. c. The Answer of the Queens Highness to the Petition propounded unto her by the Lower House concerning her Marriage AS I have good cause so do I give you all my hearty thanks for the good Zeal and loving Care you seem to have as well towards me as to the whole Estate of your Country Your Petition I perceive consisteth of three parts and my Answer to the same shall depend of two And to the first part I may say unto you that from my Years of Understanding sith I first had consideration of my self to be born a Servant of Almighty God I happily chose this kind of life in the which I yet live which I assure you for mine own part hath hitherto best contented my self and I trust hath been most acceptable unto God from the which if either Ambition of high Estate offered to me in Marriage by the pleasure and appointment of my Prince whereof I have some Record in this presence as you our Treasurer well know or if eschewing the danger of mine Enemies or the avoiding of the peril of Death whose Messenger or rather a continual Watchman the Princes indignation was no little time daily before mine Eyes by whose means although I know or justly may suspect yet I will not now utter or if the whole cause were in my Sister her self I will not now burthen her therewith because I will not charge the Dead if any of these I say could have drawn or disswaded me from this kind of life I had not now remained in this Estate wherein you see me But so constant have I always continued in this determination although my Youth and words may seem to some hardly to agree together yet is it most true that at this day I stand free from any other meaning that either I have had in times past or have at this present with which Trade of Life I am so throughly acquainted that I trust God who hath hitherto therein preserved and led me by the hand will not of his goodness suffer me to go alone For the other part the manner of your Petition I do well like and take it in good part because it is simple and containeth no limitation of place or person if it had been otherwise I must needs have misliked it very much and thought it in you a very great presumption being unfitting and altogether unmeet for you to require them that may command or those to appoint whose parts are to desire or such to bind and limit whose Duties are to obey or to take upon you to draw my Love to your liking or to frame my will to your fantasie For a Guerdon constrained and gift freely given can never agree together Nevertheless if any of you be in suspect whensoever it may please God to incline my heart to another kind of Life you may very well assure your selves my meaning is not to determine any thing wherewith the Realm may or shall have just cause to be discontented And therefore put that clean out of your heads For I assure you what Credit my assurance may have with you I cannot tell but what Credit it shall deserve to have the sequel shall declare I will never in that matter conclude any thing that shall be prejudicial to the Realm For the well good and safety whereof I will never shun to spend my Life and whomsoever my chance shall be to light upon I trust he shall be such as shall be as careful for the Realm as you I will not say as my self because I cannot so certainly determine of any other but by my desire he shall be such as shall be as careful for the preservation of the Realm and you
as my self And albeit it might please Almighty God to continue me still in this mind to live out of the State of Marriage yet is it not to be feared but he will so work in my Heart and in your Wisdom as good Provision by his help may be made whereby the Realm shall not remain destitute of an Heir that may be a fit Governour and peradventure more beneficial to the Realm than such Off-spring as may come of me For though I be never so careful of your well doing and mind ever so to be yet may my Issue grow out of kind and become perhaps ungracious and in the end this shall be for me sufficient that a marble stone shall declare that a Queen having Reigned such a time lived and died a Virgin And here I end and take your coming to me in good part and give unto you all my hearty thanks more yet for your Zeal and good meaning than for your Petition And under her Majesties Answer aforesaid was subscribed in the same hand as followeth This was Copied out of a Printed Copy garnisht with gilt Letters given to the Honourable the Lady Stafford of her Majesties Privy-Chamber and written out by Alex. Evesham 1590. By which subscription the authentickness of this Copy doth sufficiently appear On Saturday the 11 th of Feb. the Letany was said by the Clerk kneeling and answered by the whole House on their Knees with divers Prayers The Bill touching Tanners Curriers and Shoemakers for Tann'd Leather And the Bill for selling of Tann'd Leather in Markets were each of them read the first time As also the Bill for the Recognition of the Queens Majesties title to the Crown was read the first time and committed The Bill also touching Liberties of Hexham and Hexamshire and the Bill for the Confirmation of divers Grants and Leases made by Bishops deprived were each of them read the first time M r Sollicitor and M r D r Lewis brought from the Lords two Bills one concerning Treasons and another for Explanation of the Statute of seditious words and rumors The Bills for Tonnage and Poundage and for the Subsidy of the Temporalty were sent up to the Lords by M r Treasurer and others not named in the Original Journal-Book of the House of Commons On Monday the 13 th day of February the Bill for Garbling of Feathers was read the first time The Bill for thicking of Caps by mens Feet and Hands And the Bill for annexing the Supremacy to the Crown were each of them read the second time both which Bills as it should seem were now dashed upon the second reading aforesaid the first of them as probably may be gathered without any great dispute but the latter being of great weight was long argued as appears plainly by the Original journal-Journal-Book of the House of Commons before it was dashed and the new Bill framed to the same effect was read the first time on Tuesday the 21 th day the second time on the 22. day and the third time on Saturday the 25. day of this Instant February ensuing when it passed the House Vide plus concerning this matter on Tuesday the 27. day of April ensuing On Tuesday the 14. day of February the Bill to bring Artificers to dwell in Market Towns was read the first time Divers Arguments passed in the House touching the framing of a new Bill for annexing of the Supremacy to the Crown On Wednesday the 15 th day of February Committees were appointed for the drawing of a new Bill for annexing of the Supremacy to the Crown The Bill to restore the Earl of Pembrook Sir John Mason M r H. Nevill M r Fitz Williams Sir P. Foly Sir Hen. Seymour Sir Richard Sackvill Patentees by King Edw. the Sixth of the late Bishop of Winchesters Lands and the Bill for Order of Service and Ministers in the Church were each of them read the first time Upon a Request made to the Lords that thirty of this House might attend their Lordships for the Authority of his place whom it shall please the Queen to take to Husband M r Attorney declared from the Lords that twelve of their Lordships will be to morrow in the Afternoon in the Star-Chamber to meet with the thirty Members of this House The Bill for punishment of divers Treasons and the Bill for punishment of false rumors or tales were each of them read the first time On Thursday the 16. of Febr. the Bill for Common-Prayer and Administring of Sacraments was read the first time Two Bills also had each of them one reading the first being the Bill for the payment of an imposition by French Men in Somerset and Dorset to Melcombe Regis was read the second time and as it should seem committed to M r South and others not named The Bill for Recognition of the Queens Highness Title to the Crown was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed and the reason thereof was that this Bill had passed the Upper House and was sent down to the House of Commons on Thursday the 9. day of this instant Feb. foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great cause in respect that each House holding correspondency with others they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the wisdom of the whole House The Bill for the deceitful using of Linnen Cloth was read the first time The Bill for the Recognition of the Queens Title to the Crown was read the second time but no mention is made that it was either Ordered to be engrossed or referr'd to Committees because it had been formerly sent from the Lords The Bill for punishment of divers Treasons was read also the second time which Bill being of great moment was as it should seem committed to M r Vice-Chamberlain erroneously written Fitz Chamberlain as may plainly be gathered and others although it had been sent down from the Lords on Saturday the 11 th day of this instant Feb. foregoing in which Case Bills usually pass of course in the House of Commons when they come ready expedited in Parchment from the Lords The Bill for restitution in Blood of the Queens Highness for the Attainder of Queen Anne her Highness Mother being brought from the Lords by M r Attorney was read the first time On Friday the 17 th day of February two Bills of no great moment had each of them one reading of which the second being the Bill to restore the First-Fruits and Tenths with a new Proviso was read the second time and as it should seem committed to M r Sackvill and others although it had been formerly sent down from the Lords On Saturday the 18 th day of February four Bills of no great moment had each of them their first
vice Et nota that the same Bill was read the day following tertiâ vice conclus On Wednesday the 7. day of April Seven Bills were brought up to the Lords from the House of Commons of which the one was for Orders for Bankrupts their Goods and Chattels Lands and Tenements and another for Retailers of Worsted Wools in Norwich and the County of Norfolk with a Proviso added by the Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam à Meridie On the aforesaid Wednesday in the Afternoon the Bill touching Orders for Bankrupts their Goods and Chattels Lands and Tenements was read primâ vice On Thursday the 8. day of April Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill to take away the Misdemeanors of Purveyors and Takers was read primâ vice The Bill for divers Orders for Artificers Labourers Servants of Husbandry and Apprentices was read tertiâ vice conclus and sent down to the House of Commons by Serjeant Carus and D r Yale Two Bills were sent up to the Lords from the House of Commons the one that Sanctuary shall not be allowed to defraud any due Debt And the other was for the Paving of Kentish Town near Southwark The Proviso annex'd by the Commons to the Bill for Retailers of Worsted-Woolls in Norwich and the County of Norfolk was read tertiâ vice communi omnium Procerum assensu conclus The Proviso annex'd by the Commons to the Bill for the maintenance of Tillage And also one other Proviso annex'd to the same Bill by the Lords were each of them read primâ secundâ tertiâ vice On Friday the 9. day of April the Bill for Tillage was given to M r Attorney and M r Martin to be carried to the House of Commons The Bill touching Orders of Bankrupts their Goods and Chattels Lands and Tenements was read secundâ vice Three Bills were brought up to the Lords from the House of Commons conclus of which one was touching divers Orders for Artificers Labourers Servants of Husbandry and Apprentices And the second for the maintenance of Tillage And the third for the due Execution of the Writ de Excommunicato capiendo with a Proviso annex'd by the Commons and divers Amendments quae primâ secundâ vice lect sunt eadem Provis tertiâ vice lect a est conclus The Bill to take away the misdemeanors of Purveyors and Takers was read the second time and committed to Justice Southcot Quod nota The Bill for the destruction of Rooks Coughs and other Vermine was brought up to the Lords from the House of Commons which said Bill was on the day following in the Afternoon read primâ vice On Saturday the 10 th day of April the Bill for the reviving of a Statute made Anno xxiii o Hen. 8. touching the making of Goals with a Proviso thereunto annex'd by the Commons which said Proviso was read primâ secundâ tertiâ vice conclus The Bill for the Queens Majesties most free and General Pardon was read primâ vice communi omnium Procerum assensu conclusa Nota That this Bill for the general Pardon was concluded after the first reading whereas to all other Bills three readings are required before they can be passed The Bill also for Reformation of divers misdemeanors in Purveyors was read tertiâ vice with certain Amendments conclusa And then following the ordinary form the Parliament was continued in manner and order accustomed viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam primam à Mcridie In the Afternoon the Bill for destruction of Rooks and Coughs and other Vermin And the Bill touching buying and selling of course Woolls to make Cottons c. were each of them read tertiâ vice conclus Two Bills were returned from the House of Commons conclus One to take away the misdemeanors of Purveyors and Takers and the other touching Orders for Bankrupts their Goods and Chattels Lands and Tenements Nota That in the Original journal-Journal-Book of the Upper House next after the setting down or entring of the two Bills aforesaid to have been returned up to the Lords from the House of Commons there followeth immediately the entrance of the Prorogation of this Session of Parliament which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the said Upper House For the Queens Majesty her self with the Lords both Spiritual and Temporal was present in her Robes and gave her Royal Assent to such Acts as passed Although no presence of any of the Lords or her Majesty be at all marked in the said Original Journal-Book And therefore I have caused the solemn and stately manner of the Queens coming to the Upper House with the several Interlocutory Speeches of the Speaker of the House of Commons and the Lord Keeper to be inserted at large out of a written Copy or Anonymous memorial thereof I had by me being doubtless the very Original Draught set down by some Member of one of the two Houses or at least by some other observant person then present while the said Speeches passed in the Upper House for it is written in a hand and language of that very time and in many places amended and interlined About three of the Clock this present Saturday in the Afternoon the Queens Majesty came by Water from Whitehall and landed on the backside of the Parliament Chamber and so the Earl of Northumberland bearing the Sword afore her the Dutchess of Norfolk the Train she proceeded up into her Privy-Chamber and there Apparell'd her self in her Parliament Robes during which time the Lords likewise put on their Robes and took their Places On the Upper Sack sate the Lord Keeper till the Queen came and then he went to his place at the Rail on the right hand to the Cloth of Estate On the Wooll-sack on the North-side sate Sir Robert Catlin and Sir James Dyer the two Chief Justices Sir John Mason and Serjeant Carus M r Ruswell the Queens Sollicitor and Doctor Yale On the Sack on the South-side sate Sir William Cecill Secretary Sir William Cordall Master of the Rolls Justice Weston Serjeant Southcott M r Gerrard the Queens Attorney and Doctor Lewes On the nether Sack sate M r Spilman Clerk of the Parliament M r Powle Deputy and joint Patentee with M r Martin Clerk of the Crown M r Heming and some Clerks of the Signet Dister and Permiter before which nether Sack stood a little Table Then the Queens Majesty being Apparell'd in her Parliament Robes with a Caul on her Head came forth and proceeded up and took the Seat the Duke of Norfolk as Earl Marshal with his gilt Rod before her with the Marquess of Northampton bearing the Cap of Maintenance and stood on her right hand and the Earl of Northumberland the Sword on her left hand the
attempt the destruction of your Majesty and us all that live by you We fear a Faction of Hereticks in your Realm Contentious and malicious Papists lest they most unnaturally against their Country most madly against their own Safety and most treacherously against your Highness not only hope for the woful day of your Death but also lay in wait to advance some Title under which they may revive their late unspeakable Cruelty to the destruction of Goods Possessions and Bodies and thraldom of the Souls and Consciences of your faithful and Christian Subjects We see nothing to withstand their desire but your only Life their Unkindness and Cruelty we have tasted we fear much to what attempt the hope of such opportunity nothing withstanding them but your Life will move them We find how necessary it is for your preservation that there be more set and known between your Majesties Life and their desire We see on the other side how there can be no such danger to your Majesty by ambition of any Apparent Heir established by your benefit and advancement for want of Issue of your Majesties Royal Body as you are now subject unto by reason of their desire and hope We know not how many pretend Titles and Trust to succeed you whose secret desire we so much more fear because neither their number force nor likelihood of disposition is known unto us and so we can the less beware of them for your preservation We find also by good proof that the certain limitation of the Crown of France hath in that Realm procured so great quiet as neither the person of the Prince in Possession hath been indangered by secret or open practice nor the Common-Weal molested by civil dissention through any quarrel attempted for the Title of that Crown And somewhat near home we have remembred the miserable estate of Scotland after the Death of King Alexander without any certain Heir or limitation to whom the Crown of Scotland should remain by reason whereof the whole estate of that Realm was left open to the ambition of many Competitors and most grievous desolation and spoil that grew upon such division which afterwards gave occasion to King James the Fifth to limit the Crown of Scotland to certain Noble Families of that Realm whereby they at this present enjoy that quiet surety which we want And all your Majesties most Noble Progenitors Kings of this Realm have been in this behalf so careful that from the Conquest till this present day the Realm was never left as it is now without a certain Heir living and known to whom the Crown after the Death of the Prince should appertain So as your Majesty of your singular Care for us and our Posterity hath at this time Assembled us for establishing of this great and only stay of our Safeties We again Most Gracious Sovereign Lady acknowledge our selves and all that we have to depend upon your Preservation being according to our bounden Duty most careful of the same are in most humble manner come to your Majesties presence And I the Mouth appointed for them together with and in the name of all your most loving natural and obedient Subjects do present unto you our most lowly Suit and Petition That for asmuch as of your Majesties Person would come the most redoubted and best Heirs of your Crown such as in time to come we would most Comfortably see and our Posterity most Joyfully Obey It may please your Most Excellent Majesty for our sakes for our preservation and comforts and at our most humble Suit to take to your self some Honourable Husband whom it shall please you to join unto in Mariage whom whatsoever he be that your Majesty shall choose we protest and promise with all humility and reverence to Honour Love and Serve as to our most bounden duty shall appertain And where by the Statute which your most noble Father Assented unto of his most Princely and Fatherly Zeal for his most loving Subjects for the limitation of the Succession of the Emperial Crown of this Realm Your Majesty is the last expresly named within the body of the same Act and for that your Subjects cannot judge nor do know any thing of the form or validity of any further limitations set in certain for want of Heirs of your Body whereby some great dangerous doubt remaineth in their Hearts to their great grief peril and unquietness It may also please your Majesty by Proclamation of certainty already provided if any such be or else by limitations of certainty if none be to provide a most gracious remedy in this great necessity which by your most Honourable and Motherly Carefulness for them hath occasioned this Assembly That in this convenient time of Parliament upon your late danger most graciously called by you for that cause your Grace may now extend to us that great benefit which otherwise or at other times perhaps shall never be able to be done again so not only we but all ours hereafter and for ever shall owe no less to your Majesties propagation of Succession than we do already owe to your most Famous Grandfather King Henry the Seventh his uniting of Division And your Subjects on their behalfs for your Majesties further Assurance whereupon their own preservation wholly dependeth shall imploy their whole endeavours and Wits and Power to renew devise and establish the most strong and beneficial Acts and Laws of Preservation and Surety of your Majesty and of your Issue in the Emperial Crown of this Realm and the most penal sharp and terrible Statutes to all that shall but once practise and attempt or conceive against your Safety that by any possible means they may invent or establish with such limitations of conditions and restraints to all in Remainders such grievous pains and narrow Animadversions to all that shall enterprize or imagine any thing in prejudice of your Highness and your Issue as your Majesty shall not have any cause of suspicion but most assured ground of Confidence in all your faithful Subjects continually Watching and Warding for your Preservation which God long continue that you may see your Childrens Children to his Honour and our Comfort and encline your Gracious Ear to our most humble Petitions This Petition of the House of Commons delivered by Thomas Williams Esq their Speaker to her Majesty this Afternoon as aforesaid to which see her Majesties further Answer sent to the said House on Tuesday the 16 th day of February ensuing now follows the residue of the passages of this Journal out of the Original journal-Journal-Book of the same House On Friday the 29 th day of January Seven Bills of no great moment had each of them one reading of which the sixth being the Bill for Fines to be levyed in the County Palatine of Durham was read the third time and passed the House For that John Hippesley Esq is returned a Burgess for Wotten-Basset in Wiltshire and also for Wells in Somersetshire and doth appear for
each of them read the third time and passed the House and were with two others sent up to the Lords by Mr. Secretary The Bill for destruction of Crows Rooks c. and other such Vermine was read the second time and Ordered to be ingrossed The Bill also for paving of Kentish-street near Southwark And the Bill that Sanctuary shall not be allowable for Debt were each of them read the third time and passed the House and were sent to the Lords by Mr. Vice-Chamberlain Post Meridiem In the Afternoon a Proviso to the Bill for repairing of Goals and a Proviso to the Bill de Excommunicato capiendo were each of them read the first and second time On Friday the 9 th day of April the Proviso added to the Bill de Excommunicat capiend was read the third time and passed the House The Bill also for destruction of Rooks Crows and Coughs and such other Vermine was read the third time and passed the House and immediately sent up to the Lords by M r Vice-Chamberlain The new Bill for uniting of Churches in Boroughs or Towns being under the value of twenty Marks was read the first time And the Proviso lastly of this House to the Bill for repairing of Goals was read the third time and passed On Saturday the 10 th day of April It was Ordered that M r Pleddall shall have the Copies of such Examinations and Writings as have been certified into this House by the Master of the Rolls and other Committees and also that M r Francis Newdigate may have like Copies And that such Evidence as M r Pleddall hath delivered to the Committees hands may remain under their Seals and M r Pleddall's Seal in the keeping of the Officer of the Rolls that useth to keep the Evidences there Vide concerning this matter on Monday the 22 th day and on Tuesday the 30 th day of March foregoing The Bill for repairing of Goals was sent up to the Lords by M r Vice-Chamberlain The Queens Majesties free and general Pardon Signed with her Graces Hand was brought from the Lords by M r Attorney and M r Sollicitor and immediately read the third time and passed Nota That this Bill touching her Majesties Pardon passed upon the first reading whereas other Bills do never pass till after the third A Proviso sent down to the House of Commons from the Lords touching the Bill of Bankrupts And the addition to the Bill concerning Purveyors were read the first second and third time and passed the House In the Afternoon about three of the Clock the Queens Majesty sitting in her Royal Seat M r Speaker made an Excellent Oration rehearsing divers Laws made by divers Queens of this Realm and requiring the Queen to Assent to the Acts past both Houses and presented to her Majesty the Book of Subsidy and the Book of the general Pardon with most humble thanks for the same And the Lord Keeper by the Queens Commandment gave great thanks unto the Nobility and Commons and earnestly required them severally in their Countries to look that the Laws might be Executed And touching the Succession the Queen Commanded the Lord Keeper to declare her Highness device thereof the effect and conclusion whereof was that for the great weight of the matter her Majesty minded to take further advice Vide plus concerning this matter of Succession on Thursday the 28. day of January and on Tuesday the 16. day of February foregoing Then were the several Titles of the Acts read and thirty one publick Statutes and seventeen private were made Laws by her Majesties Royal Assent And then this Parliament was Prorogued until the second day of October next At which second day of October for that the Plague was great in London and Westminster The Queens Majesties Letters Patents of Commission were directed to the Lord Treasurer of England and other Bishops and Lords of the Upper House to Prorogue this Parliament unto the fifth day of October 1564. which was done accordingly in the presence of the said Lords and a few of the House of Commons Mr. Speaker not being there At which fifth day of October this Parliament was further Prorogued by the Queens Majesties Commission Patent unto the 30. day of April the next ensuing M r Speaker not being there At which 30. day of April It was then further Prorogued unto the 4. day of October then next following M r Speaker not being there At which fourth day of October Anno Domini 1565. Anno Septimo Reginae Elizabeth It was then further Prorogued unto the 7. day of February then next following M r Speaker not being there At which 7. day of Feb. 1565. Anno Elizabethae Reginae Octavo It was then further Prorogued unto the 30. day of Sept. then next following THE JOURNAL OF THE House of LORDS A Journal of the Proceedings of the House of Lords in the Session of Parliament bolden at Westminster An. 8 Regin Eliz. A. D. 1566. which began there after divers Prorogations of the same on Monday the 30 th of September and then and there continued until the Dissolution thereof on Thursday the 2 d day of Jan. Ann. 9 Regin ejusdem THIS Parliament de An. 8 Regin Eliz. being in Law but one and the same with that held in an 5 Reginae ejusdem An. Dom. 1563. although not Assembled till about three Years after was in the mean time never Dissolved but only Prorogued from time to time by six several Prorogations whereof the two first falling out in the said fifth Year of the Queen are there mentioned as most properly belonging to the first Session of this Parliament although the latter of them be entred at large in the Journal-Book de an 8 Regin Eliz. and the four last of the said fix Prorogations do all here follow before the beginning of this Journal of Parliament of the passages of the Upper House being full of excellent and rare matter as necessary matter of preparation unto it being in Law as hath been observed but the second Session of that former Parliament Assembled in An. 5 Regin Eliz. predictae whereof those two former Prorogations as they do at large appear in the end of the Journal of the Upper House of that fifth year of the Queen were the first of them from Saturday the 10 th day of April on which day that said first Session of this Parliament ended in that fifth year aforesaid to the second day of October next ensuing de an 5. Reginae ejusdem and the second Prorogation of those foresaid two former was from the said second day of October in the said fifth Year of the Queen to the 5 th day of October which should be in an 6 Regin Eliz. An. Dom. 1564. upon which foresaid 5 th day of October in an 6 Regin supradictae Annoque Dom. 1564. Prorogatum fuit ulterius praedictum Parliamentum modo forma sequentibus Memorandum quod quinto die Octobris Anno Regni Elizabethae
Constituted the sole and joint Proxy of eight several Temporal Lords who with six others as is aforesaid were absent this Session of Parliament from which as also from other Presidents of former and later times it may easily be gathered that any Member of the Upper House by the antient usage and custom of the same is capable of as many Proxies as shall be directed unto him although there was an Order made in the said House to the contrary A. D. 1626. That no Lord or Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said Order was occasioned in respect that George Duke of Buckingham Favorite of the King Deceased and of King Charles being guilty of many Crimes did to strengthen himself by Voices not only procure divers persons to be made Members of that House but also engrossed to himself near upon twenty several Proxies Vide one other Extraordinary Proxy on Saturday the 9 th day of November and another on Sunday December the first following This Forenoon also these twenty Lords under written were appointed to repair in the Afternoon to the Queens Majesty viz. The Archbishop of York The Earl of Northumberland The Earl of Westmoreland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick Viscount Bindon Viscount Mountague The Bishop of London The Bishop of Durham The Bishop of Winchester The Lord Cobham The Lord Rich. The Lord Wentworth The Lord Pagett The Lord Sheffeild The Lord Hastings of Loughborough The Lord Hunsdon The business about which these Lords repaired to the Queen is not in the Original journal-Journal-Book it self of the Upper House but it may be guested it was concerning those two great businesses of the Queens Marriage and the Declaration of the next Heir and Successor after the Queens Decease to the Crown which business bred so much distast afterwards between her Majesty and her Subjects in this Session so that as afterwards the Lords did Petition the Queen about it so now it should seem these Lords repaired unto her either to desire leave to prefer that Petition and that they might confer with the House of Commons about it or else to know of her Majesty a fitting time when they might repair unto her with their said Petition and so receive Answer unto it But what the Queen replied at this time is hard to be conjectured only it followeth at large that on Tuesday the 5 th day of November the Members of both Houses for that end appointed repaired to her Majesty in the Afternoon but whether they then offered up their Petitions unto her Majesty or whether the House of Commons did at this Session of Parliament prefer any Petition at all concerning those two great matters aforesaid is hard to be determined No mention is made in the Original Journal-Book of continuing the Parliament which seemeth to have happened by the Clerks negligence On Wednesday the 23 th day of October the Bill to repeal a branch of a Statute made Anno 23 Hen. 8. touching the prices of Barrels and Kilderkins was read primâ vice An Act declaring the manner of making and Consecrating of the Archbishops and Bishops of the Realm to be good lawful and perfect was brought from the House of Commons Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 24 th day of October the Archbishop of York the Lord Treasurer the Duke of Norfolk and divers other Lords both Spiritual and Temporal did Assemble in the Parliament-Chamber where nothing was done but only the continuance of the Parliament until Friday next at ten of the Clock On Friday the 25 th day of October the Lord Treasurer signified to all the Lords that the Queens Highness considering the decay of his Memory and Hearing being Griefs accompanying Hoary Hairs and Old Age and understanding the Lord Keepers slow amendment intended to supply both their said defects by Sir Robert Catlin Knight Chief Justice of the Kings Bench and shewed forth her Majesties Commission under the Great Seal of England which the Clerk by Commandment openly read in haec verba ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and well Beloved Sir Robert Catlin Knight Chief Justice of the Pleas to be holden before us Greeting Where our right trusty and well-beloved Councellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England is at this present sore visited with sickness that he is not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth have named and appointed you from day to day and time to time hereafter during our pleasure to use and occupy the place and room of the said Lord Keeper in our said Upper House of Parliament amongst the said Lords Spiritual and Temporal there Assembled and there to do and execute in all things from day to day and time to time as the said Lord Keeper of the Great Seal of England should and might do if he were there present using and supplying the same place Wherefore we will and Command you the said Sir Robert Catlin to attend unto and about the Executing of the premisses with effect And these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 25 th day of October in the Eighth Year of Our Reign Martin The Bill to repeal a branch of a Statute made in the 23 th Year of Henry 8. touching prices of Barrels and Kilderkins was read tertiâ vice and by common consent of all the Lords concluded Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Sabbati proximum On Saturday the 26 th day of October the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect was read primâ vice Memorandum The Lords after deliberate Consultation and advice taken how to proceed in the great matters of Succession and Marriage before moved by the House of Commons did this present day send Serjeant Carus and M r Attorney down unto them to signifie that they would a chosen number should be sent up unto them for their knowledge to be had of the same Vide concerning this business on Wednesday the 30 th day of October now next ensuing as also on Tuesday the 5 th day of November following Dominus
Grey Marquess Dorset and Frances his Wife the Eldest Daughter and Coheir of Charles Brandon Duke of Suffolk by Mary the French Queen being the youngest Daughter of Henry the Seventh and especially seeing that the Queen of Scots having Married the Lord Darley whom she had Created Duke of Albany and had by him Issue a Son born before the beginning of this Session of Parliament who afterwards was Monarch of Great Britain and duly considering also that the Scottish Queen had during the Life of the French King her Husband by his means pretended a right to the Kingdom of England before the Queen her self in respect of the Popes Authority and that some also did not stick to set a broach the Title of the Lady Elianor being the younger Sister and Coheir with the Countess of Hartford Married to the Earl of Cumberland therefore I say all these said premisses being duly weighed by both the said Houses of Parliament it made them to be more earnest in Petitioning her Majesty at this time to the same effect although it seemeth that the Petition delivered at this time was chiefly preferred in the name of the Lords of the Upper House as that other Petition had formerly been preferred in the Name of the Commons in the first Session of this Parliament in An. 5 Regin Eliz. whence it hath come to pass that neither of these Petitions being set down in the Original Journal-Book of the Upper House of Commons in either of these two Sessions of Parliament the times of their delivery have been exceedingly confounded together in all such several Copies as I have perused of them in which as also in Sir Robert Cotton's first Volume of the Journals of Parliament of the Queens time which are very imperfect and fragmentary they are erroneously Entred to have been both delivered in An. 1563. in which Year as also in part of the Year 1562. the Session in An. 5 Regin Eliz. was continued Post Meridiem The Archbishop of York the Lord Treasurer and the other Lords whose names are mentioned in the former part of this day with Sir Edward Rogers Knight Comptroller of her Highness Houshold and Sir William Cecill Knight her Majesties Principal Secretary and divers other Members of the House of Commons repaired to her Majesty this Afternoon being at her Palace of Whitehall to receive Answer from her Highness touching those two great businesses of her Marriage and the Declaration of her Successor as appeareth plainly by the Original journal-Journal-Book of the House of Commons fol. 266. a. where the report of her Majesties Answer is set down which she gave this Afternoon although there be no mention at all thereof in the Original Journal-Book of the Upper House And that this was the cause and ground of their attending upon her Majesty at this time appeareth also plainly by a certain Manuscript Memorial or Diary kept and set down by Sir William Cecill her Highness Principal Secretary and afterwards Lord Treasurer of England of the passages of the greatest part of her Majesties Reign in which the words are as followeth Nov. 5. The Queen had before her thirty Lords and thirty of the Commons of the Parliament to receive her Answer concerning the Petition for the Succession and for Marriage But whether the Lords preferred their said Petition this Afternoon or whether they had supplicated her Majesty any time before doth not any where certainly appear neither can I possibly gather further than by conjecture and so it is most probable that though her Majesty had notice before what their Petition was yet it was not preferred till this Afternoon For but on Saturday Morning foregoing which was the second day of this instant November it is plain that the Committees of the House of Commons as appeareth by the Original journal-Journal-Book of the same House on Thursday the 31 th day of October fol. 264. b. on which day the said meeting of the Committees was appointed did then meet to consider and agree upon such reasons as they should shew to the Committees of the Lords whereby they might induce her Majesty both to encline to Marriage and to declare a Successor And however Sir Nicholas Bacon Knight Lord Keeper of the Great Seal be not nominated in either of the Original Journal-Books of the Upper House and House of Commons to have been present with the before-mentioned Lords and others yet it is plain that if the said Petition was preferred this Afternoon or whensoever else it was delivered from his mouth as may be gathered from the very Petition it self ensuing and is so also expresly set down by M r Camden in Annal Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 99. and though he had abstained a while about this time from the Upper House by reason of his infirmity of the Gout yet he was now in the way of amendment and recovery repairing again to the said House on Saturday the 9. day of this instant November ensuing and therefore might very well meet the before-mentioned Lords and other the selected Members of the House of Commons at the Court this Afternoon So then it being most probable that the Lords did both prefer their Petition this Afternoon to her Majesty touching those two great matters of the Marriage and Succession and also received her Majesties Answer Therefore the said Petition doth here first ensue which the Lord Keeper pronounced in these or the like words following MOST humbly beseecheth your Excellent Majesty your Faithful Loving and Obedient Subjects all your Lords both Spiritual and Temporal Assembled in Parliament in your Upper House to be so much their good Lady and Soveraign as according to your accustomed benignity to grant a Gracious and Favourable Hearing to their Petitions and Suits which with all Humbleness and Obedience they are come hither to present to your Majesty by my Mouth in matters very nearly and dearly touching your most Royal Person the Imperial Crown of this your Realm and Universal Weal of the same which Suits for that they tend to the surety and preservation of these three things your Person Crown and Realm the Dearest Jewel that my Lords have in the Earth therefore they think themselves for divers respects greatly bound to make these Petitions as first by their Duty to God then by their Allegiance to your Highness and lastly by the Faith they ought to bear to their natural Country And like as most Gracious Soveraign by these Bonds they should have been bound to make the like Petition upon like occasion to any Prince that it should have pleased God to have appointed to Reign over them so they think themselves doubly bound to make the same to your Majesty considering that besides the Bond before-mentioned they stand also bound so to do by the great and manifold benefits they have and do receive daily at your Highness hands which shortly to speak be as great as the Fruits of Peace common quiet and Justice can give and this
in die sequente After the reading of which said Bill Four other Bills were brought up to the Lords from the House of Commons of which the two last were one touching Goal-Delivery in the twelve Shires in Wales c. And another for the Grant of Fifteenths and Tenths and of one Subsidy by the Temporalty Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad hor'am secundam ejusdem diei in Pomeridiano About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal met and the Bill of the Grant of one Fifteenth or Tenth and one Subsidy of the Temporalty was read primâ vice Although there is no entrance at all made in the Original journal-Journal-Book of the Upper House through the great negligence of Francis Spilman at this time Clerk of the same of the names of any of those Lords that were present this Afternoon On Wednesday the 18 th day of December Three Bills had each of them one reading of which the first being the Bill for the Grant of one Fifteenth or Tenth and of one Subsidy by the Temporalty was read secundâ vice Nota That there is no mention made in the Original Journal-Book of the Upper House of the referring of this Bill upon the second reading to Committees or of ordering it to be ingrossed of which there was a like President on the day foregoing And thus also in the Parliament in Anno 39 Reginae Elizabethae upon Saturday the 28 th day of January the Bill for Confirmation of Statutes Merchants acknowledged in the Town-Corporate of New-Castle upon Tine was neither committed nor Ordered to be ingrossed upon the second reading To which purpose finally there were many Presidents in the Parliament following in An. 45 Regin Eliz. viz. on Wednesday the 2 d on Friday the 4 th day on Monday the 7. day and on Wednesday the 9. day of December Vide Febr. 13. in An. 1 Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam primam ejusdem diei in Pomeridiano About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal met and their names are accordingly marked in the Original Journal-Book of the Upper House the manner of which is thus viz. The Clerk or some by his appointment having written the names of the Lords Spiritual and Temporal in such Form as they are set down upon Friday the 15. day of January in the first Session of this Parliament in Anno 5 Regin Eliz. Quod vide he signeth the name of every Lord that is present with these Letters Pr. on the dexter Margent of the said name and if the House sit again in the Afternoon and any of the same Lords be present then also before those names that had been marked in the first part of the day are the same Letters added again to the first mark and then the signing and marking is thus Pr. Pr. in the Margent aforesaid which sheweth he was present twice the said day Vide plus concerning this matter upon Tuesday the 21. day of March in the first Parliament of her Majesties Reign holden in Anno 1 Eliz. The Lords Spiritual and Temporal being met in the Afternoon as aforesaid Two Bills had each of them one reading of which the first was the Bill for the Grant of one Fifteenth one Tenth and of one Subsidy by the Temporalty quae communi omnium Procerum assensu conclus And the second being the Bill for the Alneagers Fees in Lancaster and for length breadth and weight of Cottons Frizes and Rugs was read secundâ vice Seven Bills were brought up to the Lords from the House of Commons of which the two first were that two several Sheriffs may be in the Counties of Buckingham and Bedford and for uttering of Caps and true making of Hats and Caps On Thursday the 19. day of December Six Bills had each of them one reading of which the third being the Bill for reformation of excess of Apparel was read tertiâ vice conclusa missa ad Domum Communem per Servientem Carus Attornatum General The Parliament was continued by the Lord Keeper in accustomed Form unto one of the Clock in the Afternoon about which time he and divers other Lords both Spiritual and Temporal meeting Three Bills had each of them several readings of which the first being the Bill for the keeping the Records within the twelve Shires of Wales and divers other Ordinances was read primâ vice And the third for the paving of Kentish-street had its second and third reading and was thereupon concluded On Friday the 20. day of December Five Bills had each of them several readings of which the second being the Bill for the Assurance of a Jointure for the Lady Anne Countess of Warwick was read primâ secundâ tertiâ vice conclus missa in Domum Communem per Servientem Carus Attornat General And the last touching Goal-Deliveries in the twelve Shires of Wales and for measures to be there was read tertiâ vice conclusa Before the reading of the fifth Bill before-mentioned Two Bills were brought up to the Lords from the House of Commons of which the first touching Cloth-Workers and Cloths ready wrought to be Shipped over the Sea was primâ vice lecta iterum aliis Billis mediantibus sive lect in intermedio iterum secunda vice lect The Bill that two several Sheriffs may be in Bedford and Buckingham was read secundâ vice quatuor aliis Billis mediantibus sive lect in intermedio iterum tertiâ vice lect conclus Three Bills also had each of them one reading of which the third being the Bill for the Incorporation of Merchant-Adventurers for discovery of new Trades was read tertiâ vice And thereupon concluded The Bill for Keeping of Records in the twelve Shires of Wales and divers other Ordinances there was read secundâ vice commissa Episcopis Herefordens Meneven Cicestren Asaphen This Afternoon finally before the reading of the last Bill for keeping Records in Wales c. A Bill was brought from the House of Commons for Tonnage of Wares brought from beyond the Seas which was primâ vice lect as soon as it came and now read secundâ vice commissa Domino Norfolciae Comitibus Sussex Leicester Vice-Comiti Mountague Domino Clinton Domino Camerario Domino Cobham On Saturday the 21. day of December Nine Bills were brought up to the Lords from the House of Commons of which the two first were one for the Bowyers of Westminster return'd expedit And another for Assurance of the Lady Warwick's Jointure Four Bills also had each of them one reading of which the first being the Bill for uttering of Caps and Hats and for the true making of Caps and Hats was read tertiâ vice expedit The Bill concerning Tonnage of Wares brought from beyond the Seas And the Bill for Confirmation of Letters
Patents were each of them read secundâ vice The Bill lastly touching Cloth-Workers and Cloths ready wrought to be Shipped over the Seas was read tertiâ vice communi omnium Procerum assensu conclusa In the Original Journal-Book of the Upper House is no entrance or mention made of the continuance of the Parliament But it appeareth that the House did sit in the Afternoon for without entrance of the presence of any Lord in particular it appeareth that in the Afternoon two Bills were read viz. The Bill for the Almeshouse at Plymouth And the Bill for the Provision of Grain were each of them read primâ vice On Monday the 23 th day of December the Bill for the Confirmation of Fines and Recoveries notwithstanding the default of the Original Writs was read primâ vice cum additione provisione annex cum quâdam reformatione eidem annex Two Bills were brought up to the Lords from the House of Commons of which one being the Bill for Sea-Marks and Mariners And another against carrying over the Sea Rams Lambs or Sheep being alive were read each of them primâ vice The Bill lastly concerning Tonnage of Wares brought from beyond the Seas was read tertiâ vice communi omnium Procerum assensu conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam secundam in Pomeridiano About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting the Bill concerning Sea-Marks and Mariners And the Bill against the carrying over the Sea Rams Lambs or Sheep alive were each of them read secundâ tertiâ vice and thereupon concluded Two Bills also were sent from the Lords to the House of Commons of which the first was the Bill of her Majesties Free and General Pardon The Bill for making of Salt within her Majesties Dominions and the Bill for keeping a Market in the Mannor of Battell in Sussex upon Thursday were each of them read primâ secundâ vice Two Bills lastly had each of them their first reading of which the second was the Bill for the Inning of Plumstead-Marsh On Tuesday the 24 th day of December the Bill touching the transporting of Tann'd Leather made of Sheep-Skins and the Bill for Inning of Plumstead-Marsh being surrounded were each of them read secundâ tertiâ vice and thereupon concluded Three Bills also had each of them one reading of which the first being the Bill for keeping the Market in the Mannor of Battell in Sussex upon Thursday was read tertiâ vice conclusa The Bill finally for continuance of certain Statutes was read primâ secundâ tertiâ vice Quod nota that it had three readings together Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad diem Lunae tricesimum diem Decembris On Monday the 30 th day of December the Lord Keeper and divers other Lords both Spiritual and Temporal met but nothing was done save only the continuance of the Parliament by the Lord Keeper unto Thursday the 2 d day of January following upon which day in the Afternoon the Parliament was Dissolved On Thursday the 2 d day of January the Lord Keeper and divers other Lords both Spiritual and Temporal were present although through the negligence of Francis Spilman Esq at this time Clerk of the Upper House it doth not certainly appear who they were in the Original journal-Journal-Book of the same House but no Bill as it seemeth was read or any thing else done but only the Parliament continued by the Lord Keeper which is there Entred in manner and form following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam primam in Pomeridiano Nota That it appears in the Original journal-Journal-Book of the House of Commons that after the Parliament had been continued as aforesaid Doctor Huick was sent down to the said House from the Lord Keeper to give them notice thereof Nota also That in the Original Journal-Book of the Upper House there is no mention made of any thing that was done or of any Speech used nor touching the Dissolution of this present Session of Parliament but only that her Majesty was there present with divers Lords both Spiritual and Temporal and therefore I have supplyed the whole Proceedings of this Afternoon at large out of a very Copious and Elaborate Anonymous Memorial thereof I had by me which also I have in some places supplyed out of the Original Journal-Book of the House of Commons although it be so little and short as it may rather be called matter of Confirmation than Enlargement in which also it shall lastly suffice to touch briefly that I have always observed contrary to the ordinary course to insert all such Speeches and other passages as largely as by any good Authority I might into the Journal of the Upper House in which House they were agitated and uttered and to the Journal of which House they do most properly belong and do only for Order sake add some short expressions thereof in the Journals of the House of Commons The said Passages of this Afternoon do now next ensue out of the above-mentioned Manuscript Memorial The Queens Majesty between two or three of the Clock in the Afternoon of this present Thursday being the second day of January in the ninth year of her Reign came by Water from Whitehall and Landed on the backside of the Parliament-Chamber And so the Earl of Westmorland bearing the Sword afore her the Lady Strange the Train with the Lords in their daily Apparel and Heralds attending on her she proceeded up into the Privy-Chamber to prepare her self in her Parliament-Robes during which time the Lords and Justices put on their Parliament-Robes and took their places And upon the upper Woollsack sate the Lord Keeper till the Queen came and then went to his place at the Rail on the right hand of the Cloth of State On the Woollsack on the Northside sate Sir Robert Catlin and Sir James Dyer the two Chief Justices and Richard Read under and M r Gerrard the Queens Attorney On the Sack on the Southside sate Sir William Cordall Master of the Rolls Justice Brown Justice Welsh and Serjeant Carus On the Westside sate Vaughan and Talc Masters of the Chancery M r Spilman Clerk of the Parliament M r Powle Deputy and Joint-Patentec with M r Martin Clerk of the Crown afore which Sack stood a little Table Then the Queens Majesty being Apparelled in her Parliament-Robes with a Caul on her Head came forth and proceeded up and took her Seat the Marquess of Northampton carrying the Cap of Maintenance and stood on her right hand and the Earl of Westmorland the Sword at her left hand with the Heralds and Serjeants at Arms before her the Queens Mantle born up on either side from her Arms by the Earl of Leicester and the Lord of Hunsdon who always stood still by her for the assisting thereof when she
Declaration of the Queens great Charges in defending New-Haven in France in repairing and increasing the Navy and Munition her Charges also against John Oneyle in Ireland and immediately thereupon all the Privy-Council being Members of this House the Master of the Rolls and forty others of the House whose names are omitted through the negligence of the Clerk were nominated and appointed to consider of the rate and payment of some supply and aid to be given to her Majesty and Ordered to meet to Morrow in the Afternoon in the Star-Chamber On Friday the 18 th day of October Four Bills had each of them one reading of which the last being the Bill touching prices of Barrels and Kilderkins was read the third time A Motion was made by Mr. Molineux for the reviving of the Suit touching the Declaration of a Successor in case her Majesty should die without Issue of her own Body which Suit had been first moved by the House and their Petition preferred therein in the first Session of this Parliament in Anno 5 Regin Eliz. and that the said business touching the Declaration of a Successor and the Subsidy Bill might proceed together which Motion was very well approved by the greater part of the said House And thereupon divers Propositions and Reasonings ensued this great business being once moved although it should seem in the conclusion thereof that the greater part of the House were resolved to recontinue the said Suit and to know her Highness Answer Although Sir Ralph Sadler Knight Banneret one of her Privy-Council had declared and affirmed unto the House that he had heard the Queen say in the presence of divers of the Nobility that for the Wealth of the Realm her Highness was minded to Marry Vide plus concerning this matter on Monday the 25 th day of November following whither all the days are referred on which this business was agitated On Saturday the 19 th day of October the Bill touching Fines and Recoveries to be good from the beginning of the Reign of Queen Elizabeth although the Originals be lost was read the second time and as it should seem was committed to M r Seckford and others Three Bills finally were brought down to the House from the Lords of which one was the Bill for the Indenization of John Stafford born beyond the Seas and another for prevention of fraudulent gifts in Bankrupts Mr. Secretary Cecill and Sir Francis Knolles her Majesties Vice-Chamberlain declared unto the House that the Queens Majesty was by Gods special Providence moved to Marriage and that she mindeth for the Wealth of her Commons to prosecute the same Sir Ambrose Cave Chancellor of the Dutchy and Sir Edward Rogers Comptroller of her Majesties Houshold affirmed the same and thereupon perswaded and advised the House to see the sequel of that before they made further Suit touching the Declaration of a Successor But against this Opinion divers Lawyers of the House although their names are negligently omitted the chief of them being Mounson Bell and Kingsmill did argue very boldly and judiciously And so prevailed with the greatest part of the House as that it was resolved contrary to the foregoing Motion of those of her Majesties Privy-Council to recontinue their Suit touching the Declaration of a Successor and to get the Queens Answer And to that end it was Ordered that all the Privy-Council being Members of this House with forty four others whose names are omitted in the Original journal-Journal-Book of the said House should meet to Morrow to consult and advise in what manner they might move the Lords of the Upper-House to join with them in this matter This is the second day in which this great business was agitated in the House of Commons upon which doubtless those four Privy-Councellors who first moved to have a stop made of it did it not without her Majesties special Direction who as it is very probable foresaw even then the great inconveniencies which the further prosecution thereof would produce as see more at large that it did indeed so fall out upon Monday the 25 th day of November ensuing M r Secretary Cecill seeing his former Motion could not prevail to stop the foregoing resolution of the House partly as may be conjectured to divert it and partly that the matter of supply might preceed it made a Declaration of the Rates of one Subsidy and one fifteenth and tenth according to the proportion of that Subsidy which had been given in the first Session of this Parliament in an 5 Regin Eliz. but withal proposed further days of payment October the 20 th Sunday On Monday the 21 th day of October some Addition which had been annex'd to the Bill touching Coopers as it should seem after the third reading thereof which was on Friday the 18. day of this instant October foregoing was read the first second and third time and so passed with the Bill Three other Bills had each of them one reading of which the first being the Bill to take Clergy from Cut-Purses and Pick-Purses was read the third time and passed upon the Question These two foregoing Bills which passed this House this Morning were sent up to the Lords by Mr. Comptroller with all the Committees who were appointed on Saturday the 19. day of this instant October foregoing in the great business touching her Majesties Declaration of a Successor with Order also from the House to move the Lords to join with this House in the said Suit to her Majesty Vide plus concerning this business on Monday the 25. day of November ensuing Three Bills had each of them one reading of which the first being the Bill for Sealing of Cloaths by the Alneager of Lancaster was read the second time and as it should seem committed to Mr. Southerly and others The Committees brought word from the Lords upon their request that they coming again to the Lords on the Morrow following should have Answer On Tuesday the 22. day of October the Bill Confirming the Consecration of Archbishops and Bishops within this Realm was read the third time and passed upon the Question Doctor Vaughan and Mr. Martin brought word from the Lords that their Lordships desired the Committees of this House to defer their coming unto them until to Morrow But about what business the said meeting should then be is through the great negligence of Mr. Seymour at this time Clerk of the House of Commons wholly omitted although it were doubtless touching those two great businesses of her Majesties Marriage and the Declaration of her next Successor For the consideration of which the House had appointed a select Committee being the same here mentioned on Saturday the 19. day of this instant October foregoing and had yesterday sent them up to the Lords to 〈◊〉 their Lordships to join with them in Petitioning her Majesty touching the same And it should seem the reason why their Lordships deferr'd their Answer this day contrary to their appointment yesterday was because the
Archbishop of York the Earl of Northumberland and eighteen other Lords Spiritual and Temporal were first appointed to repair in the Afternoon of this present Tuesday unto her Majesty to know her pleasure therein as may directly be gathered out of the Original Journal-Book of the Upper House Vide Novemb. 25. postea On Wednesday the 23. day of October Mr. Comptroller and the other Committees appointed on Saturday the 19. day of this instant October foregoing were sent up to the Lords with the Bill for declaring the manner of making and Consecrating of Archbishops and Bishops within this Realm to be good lawful and perfect and as it should seem had Order likewise to desire of the Lords their resolution touching those two great businesses of her Majesties Marriage and Declaration of a Successor and that Mr. Bell Mr. Mounson and Mr. Kingsmill three others of the said Committee should make Declaration of the said matters unto their Lordships For upon the return of the same Committees from the Lords towards the end of this Forenoon they made report to this purpose accordingly Ten Bills had each of them their first reading of which the first was the Bill to confirm by Parliament the Queens Letters Patents for an Hospital at Gloucester and the second touching Demurrers after Verdict how exceptions should be entred Mr. Comptroller with the rest of the Committees which had been sent up to the Lords this Morning returning from them shewed that their Lordships having heard the several Declarations of Mr. Bell Mr. Mounson and Mr. Kingsmill and others of the said Committee touching those two great businesses of her Majesties Marriage and Declaration of her next Successor who had spoken very amply and fully unto their Lordships were resolved to deliberate further as the great weight of the matters in hand required and to send word thereof to this House accordingly Vide at large concerning this business on Monday the 25. day of November ensuing On Thursday the 24. day of October the Bill for Corporation of Merchant Adventurers for discovery of new Trades was read the first time It was Ordered that a Warrant should be granted to require a Writ for the Election of a new Burgess for Abingdon in the County of Berks in the place of Oliver Hide Deceased Two Bills also had each of them one reading of which the first being the Bill touching Demurrers how they shall be entred was upon the second reading Ordered to be engrossed On Friday the 25. day of October Two Bills had each of them one reading of which the first was intituled The Bill amended for Apparel of all States under the Prince Mr. Serjeant Carus and Mr. Attorney brought word from the Lords that the Committees of this House appointed on Saturday the 19. day of this instant October foregoing might be sent up to their Lordships to receive their Answer Whereupon as many of the Committees as were then present without others in the places of those that were absent went up to the Lords and soon after returned and brought word down to the House that their Lordships would join with this said House in the Suit to her Majesty touching her Majesties Marriage and the Declaration of a Successor Vide plus concerning this matter on Monday the 25. day of November ensuing The Bill touching Cutlers of London to have search of that Art in divers places in and about London was read the first time On Saturday the 26. day of October Two Bills had each of them their first reading of which the first was the Bill for the Inning of the residue of Plumsted-Marsh and the second the Bill touching Informers for Execution of penal Statutes and under it was written thus Wray A like President to which see on Friday the 11. of this instant October foregoing where the reason of it is conjecturally discussed On Monday the 28. day of October Two Bills had each of them one reading of which the first being the Bill touching the making of Steel and Iron-Wyer within this Realm and the second being the Bill for one Fifteenth and Tenth and also a Subsidy as well of English Persons as Strangers were each of them read the first time On Tuesday the 29. day of October Three Bills had each of them one reading of which the last being the Bill Confirming the Letters Patents for the Hospital at Gloucester was read the second time and as it should seem committed to Mr. Arnold and others A Warrant was granted for a Writ to be made and sent out for the Election of a new Burgess for the Borough of Graunpound in the County of Cornwall in the place of Christopher Perne reported to be Lunatick A Warrant also was granted to William Jones Servant to Sir Thomas Gerrard Knight one of the Knights for the County of Lancaster to attain priviledge that is to have his priviledge allowed who was Summoned to Answer at London in a Plea of Debt of ten pound at the Suit of John Allen and Emme his Wife On Wednesday the 30. day of October the Bill touching Informers for Execution of penal Laws was read the second time and Ordered to be ingrossed The Lords sent word by Mr. Serjeant Carus and Mr. Attorney that they have chosen of themselves thirty and require a number of this House to be joined with them to consult of the Suit to the Queens Majesty touching those two great businesses of her Majesties Marriage and Declaration of a Successor and to send up word to Morrow of the number chosen Vide concerning this matter on Monday the 25. day of November following On Thursday the 31. day of October upon the report of the Bill for Sanctuaries it was agreed to be ingrossed but what the effect of the said report was or by whom it was made appeareth not in the Original journal-Journal-Book of the House of Commons but may easily be collected by comparing this foregoing matter with the former agitation of this business on Wednesday the 16. day of this present October foregoing For this Bill of Sanctuaries having had its first and second reading on Monday the 7. day of the same Month was then staid from ingrossing upon the motion of the Dean of Westminster upon his pretending that it was prejudicial to the Liberties and Priviledges of the said Church and thereupon having been heard himself at large and his Councel also on the foresaid 16. day of October the whole business was referred to the Master of the Rolls to consider of further and thereupon to make report unto the House which as it seemeth having done accordingly this present Thursday Morning the House thereupon proceeded with the said Bill and Ordered it to be ingrossed Two Bills of no great moment had each of them their first reading of which the second was the Bill for Explanation of the Act for Chantry Lands The House this day according to the request of the Lords sent down yesterday by Mr. Serjeant Carus and Mr. Attorney appointed all
Bill touching Cutters of Tann'd Leather was read the second time but no mention is made either of committing or ingrossing of it The Bill for several Sherifss to be in several Counties And the Bill to avoid excess in Apparel in divers degrees were sent up to the Lords by M r Vice-Chamberlain Robert Ireland Burgess for the Borough of Salop Edward Leighton Esq one of the Knights for the County of Salop were each of them Licensed by the House for their special Affairs to be absent until ..... and so this matter without expressing the certain time breaks off abruptly in the Original journal-Journal-Book of the House of Commons through the great negligence of M r Seymour Clerk of the said House although it may very probably be conjectured that this Licence was not granted unto them absolutely but upon condition to return again and attend the service of the House at some certain day prefixed Vide consimile December 7 th postea Upon divers Arguments made that Edward Jones might be sent to the Tower for so using Grey in attaching his Goods tending to the breach of the Priviledge of this House the matter was eftsoons committed to M r Wroth and others as well to provide Surety of Jones against the said Grey until Saturday next and then further to report as also touching an Informer sent to Ward by M r Grafton and removed by Habeas Corpus into the Kings-Bench Vide on Tuesday the 3 d day of December following November the 17 th Sunday On Monday the 18 th day of November William Epse Burgess for Rumney was Licensed to be absent for eight days Vide consimile in die praecedente Five Bills of no great moment had each of them one reading of which the third being the Bill for making of Allom and Copperas by the Lord Mountjoy And the fourth being the Bill to repeal the Act made for prices were each of them read the second time and Ordered to be ingrossed On Tuesday the 19 th day of November Three Bills had each of them one reading of which the last being the Bill for the Alneagers Fees of Lancaster and the length breadth and weight of Cottons Frizes and Rugs was read the second time and Ordered to be ingrossed On Wednesday the 20 th day of November Two Bills had each of them one reading of which the first being the Bill for places for the keeping of Records in the twelve Shires of Wales was read the first time The Bill for Wollnersh in the County of Surrey was brought from the Lords by M r Attorney Two Bills lastly had each of them one reading of which the first being the Bill for the Jointure of the Lady Frances Cobham in Cooling was read the second time On Thursday the 21 th day of November Five Bills had each of them one reading of which the first being the Bill to repeal a Branch in the Act for Watermen upon the Thames And the second touching the Act made for sale of stuff for Apparel not paid for were each of them read the first time On Friday the 22 th day of November Six Bills of no great moment had each of them one reading of which the third being the Bill for the Felt-makers and Hat-makers was upon the second reading rejected and the fourth and sixth being for wearing of Caps upon the Sabbath or Holy-Days and also that Tryals of Felonies done in Wales shall be at the great Sessions there were each of them read the second time and as it should seem committed to M r Crofts and others Richard Wheatley Clerk Attendant upon Sir Henry Cromwell Knight one of the Knights for the County of Huntingdon being Attached by several Bills of Middlesex in several Pleas of Trespass at the Suit of William Marlyn and Michaell Welch required the Priviledge of the House On Saturday the 23 th day of November A Proviso added to the Bill for Bishops in lieu of the Lords Proviso was read the first time The Bill touching Latitats was brought from the Lords by M r Serjeant Carus and M r Read M r Thomas Wroth declared John Grey and Edward Jones by Mediation to be agreed and that attachment to be void upon condition that M r Grey should openly in the House promise that he nor any by him should hurt the said Jones when he should come next to the House being now sick of the small Pox and the Recognizance taken not to be certified Vide concerning this matter on Tuesday the 3 d day of December following On Monday the 25 th day of November Two Bills had each of them one reading of which the first being the Bill for the Jointure of the Lady Cobham was read the second time The Proviso to the Bill for Bishops in lieu of the Lords Proviso was read the second time and Ordered to be ingrossed M r Speaker coming from the Queens Majesty declared her Highness Pleasure to be that for her good will to the House she did revoke her two former Commandments requiring the House no further to proceed at this time in the matter Which Revocation was taken of all the House most joyfully with most hearty Prayer and thanks for the same HER Majesty having found by Experience that the desire of the House of Commons in that great business touching the Declaration of a Successor in Case she should die without Issue was like other Passions more easily calmed and quieted by following than resisting did now at length remit unto them as appeareth by this Message brought by the Speaker that freedom of Speech and liberty of discussion which they had formerly made use of without any such allowance and by that means did sooner satisfie their discontent and procure their silence than by any former secret diversions or open inhibitions And though that business only touching the Declaration of a Successor be mentioned here yet both in the first Session of this Parliament in an 5 Regin Eliz. and in the greatest part of this present Session de an 8 9 Reginae ejusdem it was joined with the other great matter of her Majesties Marriage For the House of Commons having in the said fifth Year of her Majestie Petitioned her in their own name only on Thursday the 28 th day of January in the Afternoon both to incline her Royal Person to Marriage and to make Declaration of her next and rightful Successor in default of her own Issue they received from her a Gracious Answer but finding now in this second Session of that Parliament begun and continued above three Years after that there followed no Issue or effect thereupon in respect that her Majesty remained still as far from any likelihood of Marriage as then and that the State of the Kingdom in Case she should die grew every day more dangerous than other in respect of the several pretended Rights to the Crown which now began openly to be disputed and maintained according to the several inclinations and opinions of men Therefore
I say on Friday the 18 th day of October in this present Session de An. 8 9 Regin Eliz. M r Mollineux first moved it in the House that they might again revive their former Suit to her Majesty to declare a Successor but mentioned not her Marriage whereupon Sir Ralph Sadler Knight Banneret one of her Majesties Privy-Council stayed the House from further proceeding at that time by making Declaration of her Majesties own Speeches tending to the expression of her good Inclination unto Marriage and that therefore the House should expect the timely Issue of that a while and not intermeddle with the matter of Succession Which report and advice of Sir Ralph Sadlers being seconded again the next day being Saturday the 19 th day of the same Month by others of her Majesties Council was then opposed by divers of the House And it was at last concluded that they should renew their said Suit to her Majesty touching the Declaration of a Successor according to which resolution they not only debated it themselves on Monday the 21 th day and on Tuesday the 22 th day of October foregoing but also afterwards with the Lords on Wednesday the 23 th day on Thursday the 24 th day and on Wednesday the 30 th day and on Thursday the 31 th day of the same Month joining also unto it that other great business of her Majesties Marriage which I conceive was only colourably added that the other Motion touching Succession might be the less distastful to her Majesty who having appointed thirty of either House to attend her on Tuesday the 5 th day of this instant November foregoing in the Afternoon did there Answer the Lords Petition who doubtless preferred it by themselves in this Session de An. 8 9 Regin Eliz. as the Commons had Petitioned her in the same matters by themselves in the first Session of this Parliament in an 5 Reginae ejusdem but the Commons resting not satisfied with the said Answer wherein her Majesty did only in general intimate her inclination to Marriage but absolutely denied to make any Declaration of her Successor which they chiefly aimed at in respect of the danger did notwithstanding several inhibitions and restrictions further prosecute the same matter plainly and singly without the least mention any more of her Marriage on Wednesday the 6 th day Friday the 8 th day Saturday the 9 th day Monday the 11 th day and on Tuesday the 12 th day of this instant November foregoing until this present Monday the 25 th day of the same Month when upon her Majesties Gracious Permission of freedom of Speech they ceased further to treat thereof as appeareth by the following silence of the Original journal-Journal-Book of the House of Commons therein until the last day of this Session being Thursday the second day of January following when her said Majesty did mildly reprove the violent prosecution of the same by the said House On Tuesday the 26 th day of November Three Bills had each of them one reading of which the third being the Bill for the Corporation of Merchants for discovery of new Trades in Russia was read the third time and Ordered to be ingrossed M r Serjeant Carus and M r Vaughan brought from the Lords two Bills one for the Expedition of Justice in Lancaster and another for the Jointure of the Lady Stafford It was Ordered this day that the House should be called upon Tuesday next On Wednesday the 27 th day of November Three Bills had each of them one reading of which the second being the Bill for the Almeshouse at Plymouth in the County of Devon And the third to avoid vexations upon the Writ of Latitat c. were each of them read the first time M r Secretary declared from her Majesty that for the good will she beareth to her Subjects her Highness doth remit the third payment of the said Subsidy before rated for which her great Clemency most hearty thanks was given by the House and immediately was read The Bill for the grant of one Fifteenth and a Subsidy at two payments the second time and committed as it should seem to M r Seckford and others Nota That here her Majesty as is very probable did remit this third and extraordinary payment of the Subsidy the more yet to withdraw them from the further prosecution of that great business touching the Declaration of a Successor mentioned at large on Monday the 25 th day of this instant November foregoing in which those of the House of Commons had proceeded with great violence and that her Majesty had this intent in remitting the said third payment is the more apparent because it had been formerly given by the said Commons thereby the rather to induce her Majesty to the said Declaration of a Successor as is plainly set down by M r Cambden in Annal. Regin Eliz. Edit Lugdun Batav A. D. 1625. page 102. On Thursday the 28 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill for preservation of Corn by destruction of Crows and other Vermin was read the first time Five other Bills were each of them read the first time and passed upon the Question of which one was the Bill for the Jointure of the Lady Cobham and another to avoid long Suits in Civil and Marine Causes The Bill lastly for Confirmation of Letters Patents was read the second time and as it seemeth was committed to M r Gargrave and others whose name I conceive should have been written Sir Thomas Gargrave for it is usual in this Journal of the House of Commons in this present Session de An. 8 9 Regin Eliz. according to the use of former times to stile Knights by the term of M r prefixed only to their Surnames On Friday the 29 th day of November Four Bills of no great moment had each of them one reading of which the second being the Bill for John Stafford born beyond the Sea to be a free Denizen and the third for the Watermen upon the Thames were each of them read the second time but no mention made either of referring them to Committees or Ordering to be ingrossed Divers Arguments were had in the House touching a Preamble to be made and set down before the Bill of Subsidy whereupon the said Bill was Ordered to be ingrossed On Saturday the 30 th day of November Five Bills of no great moment had each of them one reading of which the second being the Bill for the Frizers and Cottoners of Shrewsbury the third touching a Lease made by the Masters of the Colledges in 37 Hen. 8. and the fourth to have several Sheriffs in Oxon and Berks were each of them read the second time and Ordered to be ingrossed The Bill to repeal the Statute made An. 7 Edw. 6. for prices of Wines was read the third time and upon the Question and Division of the House passed
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original journal-Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original journal-Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original journal-Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
was the Bill for the Incorporation and uniting of Weymouth and Melcomb-Regis in Com. Dorset and the second for the Town of Southampton The Bill touching Licences and Dispensations was committed to the Archbishop of Canterbury and others and to Doctor Lewis and Doctor Huick The Bill lastly for limitation of the Fees of Councellors and others towards the Law was read secundâ vice commissa ad ingrossandum Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords Assembling Three Bills had each of them one reading of which the second touching the Limitation of Fees of Councellors and others towards the Law was read tertiâ vice conclusa and sent to the House of Commons by Doctor Lewis and Doctor Vaughan Four Bills were brought from the House of Commons of which the first was the Bill against Fugitives over the Seas the second for Incorporation of both Universities with a new Proviso added by the House of Commons and certain Amendments which were thrice read and assented unto the third for reviving and continuance of Statutes and the last touching corrupt Presentations The Bill touching severance of Sheriffs of sundry Counties was read the second time but no mention is made that it was either referred to Committees or ordered to be ingrossed in regard it had been sent up to the Lords from the House of Commons on Wednesday the 23 th day of this instant Month of May preceeding of which see a like President on Wednesday the 16 th day of the same Month foregoing The Bill against Fugitives was sent to the House of Commons by Doctor Lewis and Doctor Yale with the latter Proviso put out and all other Amendments Three Bills were brought from the House of Commons the first against Fugitives over the Seas and the second for the increase of Tillage and maintenance of the Navy Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox horâ nonâ May the 27 th Sunday On Monday the 28 th day of May Four Bills of no great moment had each of them their third reading and passed the House of which the first was the Bill for John Tirrell Esq and the second for the increase of Tillage and maintenance of the Navy Two Bills were sent at several times unto the Lords from the House of Commons of which the first being for the bringing in of the River of Lee to the North-side of the City of London was returned with a new Proviso and certain Amendments added by them of the House of Commons And the second also for the assurance of certain Lands to the Lord Berkeley and the Lady Katherine his Wife was returned with certain Amendments and a Proviso added thereunto Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers Lords meeting the Bill for the bringing in of the River of Lee to the North-side of the City of London was read tertiâ vice with certain Provisoes and Amendments added thereunto by the House of Commons and Assented unto by the Lords Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Tuesday the 29 th day of May the Bill touching the Queens Majesties most Gracious General and free Pardon was read primâ vice conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords Assembling Six Bills were brought from the House of Commons of which the first being for the continuance of the severance of Sheriffs in sundry Counties and the second to make the Lands Goods and Chattels of Tellors c. liable to the payment of their Debts were each of them returned conclusae The Bill of the Queens Majesties general and free Pardon was returned conclusa Note that Robert Bowyer Esq who succeeded Sir Thomas Smith in the place of Clerk of the Upper House in An. 6 Jacobi Regis in his Abridgment of the Journals of the said House during the Queens Reign hath in this place upon the sending up of the aforesaid Bill of Pardon left this Animadversion following viz. It seemeth the Clerks negligence that the sending of this Bill to the Lower House is not set down in the Journal-Book also by entrance of the returning thereof it seemeth that the same was sent single alone by special Messengers and not with the other six Bills Nota also That all the following passages of this Afternoon excepting the entrance only of the Dissolution of the Parliament are all transcribed out of the Original Journal-Book of the House of Commons and the Speech of Sir Nicholas Bacon the Lord Keeper was transcribed out of a Copy thereof which I had by me as was also the manner of her Majesties passing the several Acts supplied by my self according to the ordinary use of a former President thereof None of all which passages excepting that only touching the entrance of the Dissolution of the said Parliament are at all found in the Original Journal-Book of the Upper House But do now come to be supplied out of those other above-mentioned Manuscript Monuments and in the first place out of the Original Journal-Book of the House of Commons in manner and form following About four of the Clock in the Afternoon the Queens Majestie being sat in her Royal Seat in the Upper House M r Speaker made his Oration presented unto her Majesty the Book of the Subsidy and in the name of the whole House gave her Majesty most humble thanks for her Highness general and free Pardon and prayed her Majesties Royal Assent unto such Acts and Laws as had passed both the Houses in this Session This being thus transcribed out of the Original journal-Journal-Book of the House of Commons fol. 39. a. now follows the Answer of Sir Nicholas Bacon Lord Keeper of the Great Seal at large which he made unto the Speakers Speech being transcribed out of a Copy I had by me M r Speaker The Queens Majesty hath heard and doth very well understand how discreetly and wisely you have declared the Proceedings of this Session in the Nether House for Answer whereof and for the better signification of what her Majesties opinion is both of Parliament men and Parliament matters this is to let you understand her Majesty hath Commanded me to say unto you that like as the greatest number of them of the Lower House have in the proceedings of this Sessions shewed themselves modest discreet and dutiful as becomes good and loving Subjects and meet for the places that they be called unto So there be certain of them although not many in number who in the proceeding of this Session have shewed themselves audacious arrogant and presumptuous calling her Majesties Grants
and some Motions touching the severance or uniting of the Bills it was Ordered that the Bill be read again upon Thursday next The Bill concerning coming to Church and receiving of the Communion was read the first time Sir John S t Leger moved the House for his Mans Priviledge and it was committed to M r Recorder M r Bedoll and M r Dalton and they to meet this Afternoon at M r Recorders and make report to Morrow On Tuesday the 10 th day of April M r Speaker recited a Commandment from the Queens Majesty to spend little time in Motions and to avoid long Speeches The reason whereof being omitted in the Original Journal-Book of the House of Commons it is therefore supplied out of that often before-cited elaborate Journal more particularly mentioned at the beginning of this present Journal in manner and form following That this Advertisement grew of somewhat spoken by M r Bell the 7 th day of this instant April concerning Licences granted by her Majesty to do certain matters contrary to the Statutes wherein he seemed as was said to speak against her Prerogative but surely so orderly did he utter what he spake as those who were touched might be angry but justly to blame him might not be This Advertisement being thus transcribed out of the aforesaid Anonymous Journal now follows the residue of this days passages out of the Original journal-Journal-Book of the House of Commons it self in form following Sir Owen Hopton moved for the Commission of Motions and Petitions to have the Council added unto them and also a greater number of others and delivered a Paper of Notes of the Motions made Upon a Motion made for M r Garnons who is reported to stand Excommunicate it is Ordered that he shall Answer it in the House Six Bills of no great moment had each of them one reading of which the last being the Bill touching Monasteries was read the first time M r Treasurer made report of the Committees doings for the Subsidy whose names see on Saturday the 7 th day of this instant April foregoing and brought in Articles which were well liked and thereupon the same Commissioners were appointed to proceed with the drawing of the Book Two Bills also had each of them their first reading of which the first was the Bill for the validity of Burgesses not resiant Touching matters of Religion M r Mounson brought report that the Bishops pray to have the Lords moved by this House to assign a Committee to confer with this House And thereupon it was Ordered presently that the same Commissioners do immediately go to the Lords with this Message to know their pleasure for appointing some to confer about the Book for Doctrine M r Treasurer returned report that the Lord Keeper hath Answered he will open it to the Lords Four Bills of no great moment had each of them one reading of which the second being the Bill for Cloth-workers was read the first time And the third being the Bill B. had its first reading Vide Maii 17. postea what Bill B. meaneth Sir Richard Read and M r Doctor Yale did bring an Answer to the Message viz. that the Lords have appointed twenty of themselves whereof ten of the Clergy and ten of the Temporalty to meet at two of the Clock this Afternoon in the Star-Chamber And thereupon were added by the House to the former Commissioners the Master of the Rolls Sir Henry Norrice Sir William Buts M r Austley M r Serjeant Manwood M r Stooks M r Fleetwood M r Carleton M r Eglenby M r Yelverton M r Dalton and M r Robert Snagg which meeting was about matters of Religion Vide abunde Maii 17. postea On Wednesday the 11 th day of April the Bill for Lestwithiell was read the first time M r Fleetwood brought in a Bill against Rogues The Bill against fraudulent Gifts and Conveyances was read the second time and was delivered to certain of the House to amend presently upon a Motion made by M r Dalton to have it to extend to the defrauding of Heriots Three Bills of no great moment had each of them one reading of which the second being the Bill for Sewers was read the second time and Ordered to be ingrossed And the Bill D. had its first reading Vide Maii 17. post what Bill D. meaneth M r Seckford Master of the Requests prayed longer time to consider of the Bill of fraudulent Gifts and Conveyances and that the Committees may be Sir John White M r Seckford Master of the Requests M r Serjeant Manwood Geoffry Loveland M r Mounson M r Bell M r Fleetwood M r Thomas Snagg M r Barber and M r Dalton to meet to Morrow in the Afternoon in the Temple Church The Bill for not returning persons of the Queens Majesties Houshold on Juries was read the first time The Bill for Bristol was read the second time and Ordered to be ingrossed Whereupon followed divers longSpeeches and Arguments touching the same Bill which being omitted in the Original Journal-Book of the House of Commons are here supplied out of that often before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal in manner and form following viz. M r Comptroller first moved that before some Committees were appointed both parties might be heard and the Controversy appeased M r Fleetwood argued that there might appear rashness or indiscretion in them who should now reverse what of late they had done but leaving to speak thereof he entred into a good Discourse of the Prerogative which might thereby be touched if they should endeavour to overthrow her Majesties Letters Patents to whom by Law there is power given to Incorporate any Town and she is Sworn to preserve her Prerogative he vouched the Clerk of the Parliaments Book to be that no man might talk of the Statute of Wills c. but that the King first gave Licence for that his Prerogative in the Wards was hereby touched He shewed likewise the Statute of Ed. 1. Ed. 3. and H. 4. with a saving of the Prerogative In King Edward the Sixths time Licence was sued for to the Lord Protector to talk of matters of Prerogative he remembred the Book of 2 Edw. 6. for the Parliament of Ireland called by the Chief Judge as is for him lawful where it was questioned what by Parliament might be done whether they might depart with any of the Kings Towns Forts or Piers it was agreed they might not and so he concluded that to talk thereof for as much as her Majesties Letters Patents and Prerogative were touched Rege non consulto was perillous He also made mention of the Statute which authorizeth all Merchants to Traffick by Sea Nisi publice prohibentur he saith others were prohibited M r Young of Bristol in the behalf of the Commons reasoned to this effect First Shewed the loss to the Queen of her Custom then the private Monopoly wrought and occasioned by the
that there be not imperfection And therefore noted one great disorder that many young men not experienced for Learning sake were often Chosen through whose default he knew not whether Letters of Noblemen Love or Affection in the Country their own Ambition or the careless accompt of the Electors or what else was the Cause he knew not but it was to be seen whereupon he would none should be of that House not of thirty years of Age at the least And for the Choice of Townesmen he said he was of this mind that Moses and Aaron should be conjoined together and that there should be one of their own or some Gentleman near them who had knowledge of the State of the Country and the other a man Learned and able to utter his mind and opinion since that knowledge locked up in the breast not being orderly opened is to no purpose and this part he said was as requisite for consultation as the other So that he seemed to conclude the Law should be in force for the one Burgess and at Liberty for th other After which Speeches the aforsaid Bill touching the validity of Burgesses c. was Ordered to be committed but the names of the Committees being not found in the aforesaid Anonymous Journal are therefore transcribed out of the Original Journal-Book of the House of Commons it self viz. Sir Thomas Hilton Knight M r Bell M r Robert Bowes M r Fleetwood M r Warnecomb M r Bedle M r Atkins M r Alford and M r Gynes and appointed to meet in the Temple-Church upon Saturday next at two of the Clock in the Afternoon It was Ordered that the Wardens of the Fleet should bring M r Sacheveril into this House to Morrow in the Morning at nine of the Clock touching M r Skeffington's Bill Vide concerning this Bill on Saturday the 14 th day of this instant April foregoing The Bill against Usury was read the second time whereupon ensued divers Arguments and Speeches which being omitted in the Original Journal-Book of the House of Commons are therefore transcribed out of that often already cited Anonymous Journal of the same House in manner and form following First one M r Clarke spoke to this effect That the referring of the punishment in the Bill mentioned being put to the Ecclesiastical Judges for so much was nothing for that they are to punish by the Civil Law by the Canon Law or by the Temporal Law The Civil Law would not avoid them because by that Law there is allowance of Usury The Canon Law is abolished and in that respect the Temporal Law saith nothing so that the pretence may seem to be somewhat but the effect thereby wrought is nothing yet that it was ill neither Christian nor Pagan ever denied Aristotle being asked what Usury was he said it was praeter Naturam and therefore could not be defined And Plato being asked the same Question he said it was idem ac hominem occidere S t Augustine the same And in the very words of the Psalmist answereth to the Question Domine quis habitabit in Tabernaculo tuo He said Qui curat proximo suo non decipit eum qui pecuniam suam non dabit ad usuram M r Molley first Learnedly and Artificially making an Introduction to the matter shewed what it might be thought on for any man to endeavour the defence of that which every Preacher at all times following the Letter of the Book did speak against yet saith he it is convenient and being in some sort used it is not repugnant to the word of God Experience hath proved the great mischief which doth grow by reason of excessive taking to the destruction of young Gentlemen and otherwise infinitely but the mischief is of the excess not otherwise Since to take reasonably or so that both parties might do good was not hurtful for to have any man lend his money without any Commodity hardly should you bring that to pass And since every man is not an Occupier who hath money and some which have not money may yet have skill to use money except you should take away or hinder good Trades bargaining and contracting cannot be God did not so hate it that he did utterly forbid it but to the Jews amongst themselves only for that he willed they should lend as Brethren together for unto all others they were at large and therefore to this day they are the greatest Usurers in the World But be it as indeed it is evil and that men are men no Saints to do all these things perfectly uprightly and Brotherly yet ex duobus malis minus malum eligendum and better may it be born to permit a little than utterly to take away and prohibit Traffick which hardly may be maintained generally without this But it may be said it is contrary to the direct word of God and therefore an ill Law if it were to appoint men to take Usury it were to be disliked but the difference is great between that and permitting or allowing or suffering a matter to be unpunished It may be said that Nudum pactum non parit obligationem but there must be somewhat given in consideration Let be that there is nothing given of the Lenders yet there is somewhat simile omne bonum exemplum omnis lex in se aliquid habet mali for that some body shall suffer thereby We are not quoth he so straitned to the word of God that every transgression should be surely punished here Every vain word is here forbidden by God yet the temporal Law doth not so utterly condemn it As for the words of the Scripture he saith the Hebrew soundeth thus in Answer of this Question Qui non dat pecuniam suam ad morsum so it is the biting and over-sharp dealing which is disliked and nothing else And this he said was the opinion and interpretation of the most Famous Learned Man Beza and in these days of Bellarmine and divers others who say that the true interpretation of the Hebrew word is not Usura but Morsus Doctor Wilson Master of the Requests said that in a matter of so great weight he could not shortly speak and acknowledging that he had throughly studied the matter desired the patience of the House And first he endeavoured to prove that the common State may be without Usury then he shewed how even men that have been ignorant of God or his Laws finding the evils thereof by their Laws redressed it and utterly prohibited the use thereof As the Athenians caused all the Writings taken for interest money to be burnt and the like did Lycurgus by a Law which he made and seeing the Fire he said he never saw so fair a Flame as those Books yielded He then made a definition of Usury shewing it was taking of any reward or price or sum over and above the due Debt To make any thing of that which is not mine it is robbery Forthwith upon the delivery of
there was such fulness of Power as even the right of the Crown was to be determined and by Warrant whereof we had so resolved That to say the Parliament had no Power to determine of the Crown was High-Treason He remembred how that men are not there for themselves but for their Countries He shewed it was fit for Princes to have their Prerogatives but yet the same to be straitned within reasonable limits The Prince he shewed could not of her self make Laws neither might she by the same reason break Laws He further said that the Speech uttered in that place and the offer made of the Bill was not to be condemned as evil for that if there were any thing in the Book of Common-Prayer either Jewish Turkish or Popish the same was to be reformed He also said that amongst the Papists it was bruted that by the Judgment of the Council Strickland was taken for an Heretick it behoved therefore to think thereof M r Fleetwood first shewed the order of Civil Arguments from the cause to this effect that time must be known and place observed He said then that of Experience he could report of a man that was called to account of his Speech in 5 to of this Queen but he said he could not meddle with so late matters but what he had learned in the Parliament Rolls he thought convenient should be known and considered of In the time of H. 4. a Bishop of the Parliament was Committed to Prison by Commandment of the King the Parliament resolved to be Suitors for him And in King H. 5. the Speaker himself was Committed c. with him another of the House the House thereupon stayed but remedy they had none other than to be Suitors to the King for them whereupon he resolved that the only and whole help of the House for ease of their grief in this case was to be humble Suitors to her Majesty and neither send for him nor demand him of right During which Speech the Council whispered together and thereupon the Speaker moved that the House should make stay of any further Consultation thereupon Thus far of these Speeches out of the aforesaid Anonymous Journal unto which for the intire making up of this present days agitations these passages following are transcribed out of the Original Journal-Book it self of the House of Commons in manner and form following M r Comptroller moved touching the Bill for Bristol that Licence might be granted to amend it in form not changing the matter which was assented unto The Bill concerning coming to Church and receiving of the Communion was read the second time A Proviso to the Bill concerning coming to Church and receiving the Communion was read the first time The Bill for Shrewsbury was read the second time and ordered to be ingrossed On Saturday the 21 th day of April an Addition to the Bill for coming to Church and receiving of the Communion was read the first time A Proviso to the Bill for coming to Church and receiving of the Communion was read the first time The Bill for coming to Church and receiving the Communion with the Additions and Provisoes were Committed unto M r Treasurer M r Chancellor of the Dutchy Sir Thomas Smith M r Moore M r Henry Knolles Sen. M r Sampoole M r Mounson M r Bell M r Yelverton M r Agmonderon M r Boyer M r Thomas Snagg and M r Strickland who were appointed to meet in M r Treasurers Chamber at the Court at two of the Clock in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons Now follows an Observation upon M r Stricklands coming to the House this day being nominated the last Committee in the Bill foregoing out of that often before-cited Anonymous Journal because it doth conduce very much to the Declaration and maintenance of the Liberties of the House for the said M r Strickland having on Saturday the 14 th day of this instant April pressed very earnestly the reformation of the Book of Common-Prayer and some Ceremonies of the Church was after the Adjournment of the House of Commons on that day being Easter Even called before her Majesties Council about the beginning of the Week following and was commanded by them to forbear coming to the said House in the mean season and to attend their further pleasure whereupon on Friday immediately foregoing being the 20 th day of this said instant April divers Speeches and Motions having passed in the House touching the breach of the Liberties thereof by restraint of one of their Members from repairing thither although he were neither imprisoned nor confined M r Speaker did at last desire them to forbear further Consultation in the said matter And the House having at his said request passed over the residue of the said day in the Morning in the agitation of other business the above-mentioned M r Strickland did this Forenoon upon an Advertisement as it should seem from her Majesties Council repair again to the said House soon after it was set And coming just upon the time when the foregoing Bill for coming to Church and receiving the Communion was in the referring to Committees the said House did in witness of their joy for the restitution of one of their said Members awhile from them restrained presently nominate him one of the said Committees as appeareth plainly by their names immediately foregoing being inserted out of the Original journal-Journal-Book of the said House out of which these next ensuing passages do follow in manner and form following The Bill for William Skeffington Esq was read the second time and Henry Sacheverel being present at the Bar and in open Court confessing the fraud offered by way of excuse a Bill of causes moving him thereunto which was read also and ordered to be ingrossed The Proviso to the Bill for coming to Church and receiving of the Communion was read the second time upon which as it should seem divers Arguments ensued although no mention thereof be made in the aforesaid Original Journal Book it self and are therefore supplied out of that often before-cited Anonymous Journal in manner and form following viz. M r Aglionby argued that there should be no human positive Law to inforce Conscience which is not discernable in this World To come to the Church for that it is publick and tendeth but to prove a man a Christian is tolerable and convenient and not to come to Church may make a man seem irreligious and so no man for that by Religion only a man is known and discerned from Brute Beasts and this is to be judged by the outward show But the Conscience of man is Eternal invisible and not in the power of the greatest Monarchy in the World in any limits to be straitned in any bounds to be contained nor with any policy of man if once decayed to be again raised He shewed that neither Jew nor Turk do require more than the submission to
be ingrossed The Bill for the payment of Tithes was read the first time and rejected upon the Question May the 13 th Sunday On Monday the 14 th day of May the Bill for not returning in Juries persons of the Queens Majesties Houshold was read the second time and committed unto Mr. Treasurer Sir John Thinne Mr. Cofferer Mr. Brown Mr. More and Mr. Ferrers The Bill for Residence of Pastors being the third of those seven Bills preferred this Parliament touching the reformation of matters in Religion and therefore called in the Original Journal-Book of the House of Commons the Bill C was read the second time and Ordered to be ingrossed Touching which Bill and matters of Religion see a more full Animadversion or Declaration on Thursday the 17 th day of this instant May following The Bill against Vagabonds and the first Bill for preservation of Wood were Ordered to be ingrossed The Bill for Conveyances and Assurances of Lands to be made without Covin was read the second time and committed unto Mr. Recorder of London Mr. Marsh Mr. Stanhop Mr. Grice Mr. Sampoole Mr. Norton Mr. Alford and Mr. Dalton who were appointed to meet in the Temple Church at two of the Clock this Afternoon Mr. Sollicitor and Mr. Attorney brought from the Lords four Bills of which the two last were one for the Restitution in Blood of the Children of Sir Thomas Wyat and the other for the Assurance of the Jointure of the Lady Barkley Three Bills had each of them their third reading and passed upon the question of which the last was the Bill against the Exaction of Collectors of the Tenths of the Clergy The Bill lastly for severance of the Sheriffs in the Counties of Bedford and Buckingham were read the second time and thereupon Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill concerning Hospitals and the third for Planting of Hops were each of them read the first time and the second being the Bill against great Hosen was read the first time and committed unto Sir Christopher Heydon Sir William Buts Mr. Stokes Mr. Moore Mr. Warncomb Mr. St. John Mr. Gare Mr. Humberston Mr. Layton and Mr. Sackerston Which is the rather to be observed in respect that this Bill was committed upon the first reading which is not usual until the second of which there were three like Presidents viz. one on Thursday the 10 th day and two on Friday the 11 th day of this instant May foregoing The Bill for making of William Watson a free Denizen was twice read and the Bill lastly for Leverpool was read the first time On Tuesday the 15 th day of May the Bill against Wednesdays was read the first time The Bill touching the Commutation of Penance by the Ecclesiastical Judge being the last of those seven Bills preferred this Parliament touching the Reformation of matters of Religion and therefore called in the Original journal-Journal-Book of the House of Commons the Bill G was read the second time and Ordered to be ingrossed Touching which Bill and matters of Religion see more at large on Thursday the 17 th day of this instant May following Three Bills also of no great moment had each of them one reading of which the last being the Bill for Confirmation of Attainders was read the third time and passed the House The Proviso for the Countess of Cumberland and others to the Bill for Confirmation of Attainders was thrice read And further Ordered by the House that the Saving for Sir Henry Peircy Knight shall be placed in the Book before the general saving without any alteration or change of any word or words at all The Bill for Confirmation of Attainders with the other last passed were sent up to the Lords from the House of Commons by M r Treasurer and others The Bill for the Restitution in Blood of the Children of Sir Thomas Wyat Knight was read the third time The Bill lastly for the continuance of the severance of Sheriffs in sundry Shires was read the third time and passed upon the Question On Wednesday the 16 th day of May the Bill against Wednesdays was read the second time and Ordered to be ingrossed The new Bill against great Hosen and a new Bill of Jeofails were each of them read the first time M r Attorney General and M r Doctor Vaughan brought from the Lords the Bill for Confirmation of Attainders for mending of an Indorsement Three Bills of no great moment had each of them one reading of which the third being the Bill against Collusions and Delays in Vouchers was read the second time and Ordered to be ingrossed M r Attorney General and M r Doctor Huick did require from the Lords to have the Committees in the Bill for Treasons presently sent to them for Conference The Bill for Residence of Pastors being the third of those seven Bills preferred this Parliament touching matters of Religion and therefore called in the Original Journal-Book of the House of Commons the Bill C was read the third time and upon the Division of the House dashed M r Doctor Huick and Mr. Doctor Yale did bring from the Lords a Bill against Bankrupts with Commendations for the expediting thereof Post Meridiem In the Afternoon the Bill for search of Fairs of Maidston in Kent was read the first time Mr. Sollicitor and Mr. Doctor Huick brought from the Lords the Bill against Bulls c. and the Bill for Treasons both reformed as appeareth in several Papers annexed containing the places and words of Amendments Seven Bills of no great moment had each of them one reading of which the fourth being a new Bill for the maintenance of the Havens of Plymouth and Dartmouth c. was read the second time On Thursday the 17 th day of May Two Bills of no great moment had each of them their second reading and Ordered to be ingrossed of which the second was the Bill against Clothworkers The Bill against Cloth-workers was read the second time and Ordered to be stayed Sir Walter Mildmay Sir Thomas Smith Mr. Serjeant Lovelace Mr. Bell Mr. Mounson Mr. Popham Mr. Sampool Mr. Sands and Mr. Yelverton were appointed to have Conference with the Lords touching the Bill for respite of Homage in the outer Chamber of the Upper House at two of the Clock this Afternoon The Bill for Sewers was read the first time The Bill against Bulls and the Bill for Treasons were upon the Question absolutely passed with all the Additions and Amendments The Bill also against Wednesdays and the Bill against Collusion and delays in Vouchers were each of them read the third time and passed the House The Bill touching the Commutation of Penance by the Ecclesiastical Judge being last of those seven Bills preferred this Parliament touching Reformation of matters of Religion and therefore called in the Original journal-Journal-Book of the House of Commons the Bill G was read the
in the said place of Prolocutor or Speaker notwithstanding his Excuse made and disabling himself according to the usual form After which the said Speaker being now fully and absolutely invested in his said place did after his humble thanks rendred to her Majesty in the Conclusion of his Speech make certain Petitions of course in the behalf of himself and the House of Commons viz. for the free access to her Majesty freedom of Speech and freedom from Arrests and Suits during the Continuance of the Parliament and for Pardon for himself if he should in any thing unwittingly mistake or offend All which being graciously allowed by her Majesty she arose and departed Nota That there is no entrance in the Original journal-Journal-Book of the Upper House of the Continuance or Adjournment of the Parliament which doubtless happened through the great negligence of Anthony Mason Esq now Clerk of the same For it is plain the Lords did sit again on Monday following in the Forenoon to some hour of which it is most likely it was continued and the passages whereof as also of all the other days on which the said House sate do now in order follow out of the aforesaid Original Journal-Book of the same May the 11 th Sunday On Monday the 12 th of May to which day the Parliament had been last continued as is most likely the presence of the Lords is first noted in the Original journal-Journal-Book of the Upper House which were as followeth their Names only being altered into English The Archbishop of Canterbury The Archbishop of York Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England The Marquess of Winchester Comites The Earl of Oxford Great Chamberlain of England The Earl of Kent The Earl of Worcester The Earl of Rutland The Earl of Sussex The Earl of Warwick The Earl of Pembroke The Earl of Hartford The Earl of Leicester The Earl of Essex Viscount Bindon Episcopi The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Worcester The Bishop of S t Davids The Bishop of Salisbury The Bishop of Bath and Wells The Bishop of Coventry and Litchfield The Bishop of Peterborough The Bishop of Norwich The Bishop of Chester The Bishop of Bangor The Bishop of Lincoln The Bishop of Exeter The Bishop of Rochester Barones The Lord Howard of Effingham Chamberlain to the Queen The Lord Burleigh Secretary to the Queen The Lord Abergaveny The Lord Strange The Lord Dacres The Lord Stafford The Lord Grey of Wilton The Lord Mountjoy The Lord Darcy The Lord Mounteagle The Lord Sands The Lord Windsor The Lord Wentworth The Lord Burrough The Lord S t John of Basing The Lord Cromwell The Lord Evers The Lord Wharton The Lord Willoughby of Parham The Lord Pagett The Lord Darcy of Chich. The Lord North. The Lord Chandois The Lord S t John of Bletsoe The Lord Buckhurst The Lord De la Ware The Lord Compton The Lord Cheyney The Lord Norris This day also by Order and Consent of the whole House were appointed to confer with such number of the House of Commons as should please the said House to appoint for the more speedy and better direction of them in the great matter touching the Queen of Scots these Lords undernamed viz. The Archbishop of Canterbury The Archbishop of York The Earl of Oxford The Earl of Kent The Earl of Worcester The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Leicester The Earl of Essex The Bishop of London The Bishop of Winchester The Bishop of Ely The Bishop of Lincoln The Bishop of Rochester The Lord Chamberlain The Lord Burleigh The Lord Grey The Lord Windsor The Lord Wentworth The Lord North and the Lord Chandois Who were appointed to meet in the Star-Chamber at eight of the Clock in the Morning the next day Vide on Wednesday May the 28 th ensuing The Bill for preservation of Wood and Timber was read prima vice Commissa Archiepiscopo Cantuar. Comiti Lincoln Comiti Sussex Comiti Leicester Episcopo Elien Episcopo Wigorn. Episcopo Meneven Domino Howard Domino Camerario Domino Burleigh Domino Windsor Domino Wentworth Domino Pagett Domino Chandois Domino Buckhurst Justiciario Southcott Justic. Weston The Bill for punishment of Vagabonds and for relief of the poor was read prima vice Commissa Archiepiscopo Cantuar. Comiti Huntington Comiti Rutland Comiti Pembroke Comiti Hertford Episcopo London Episcopo Wigorn. Episcopo Meneven Episcopo Bangor Domino Grey Domino S t John Domino Evers Domino S t John de Bletsoe Justiciario Harper Christophero Wray Servienti ad Legem Nota That here a Bill is not only committed upon the first reading but a Judge who is but a meer Assistant unto the Upper House and a Serjeant who is but a meen Attendant thereon are made joint Committees with the Lords as in the Bill foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hurâ Octavâ This day also was brought in the Proxy of Edward Earl of Lincoln into the Upper House and as it seemeth the Proxies of fourteen other Temporal Lords viz. One Marquess two Earls one Viscount and ten Barons But there is no mention made in the Original Journal-Book whether they were returned before or after the Continuance of the Parliament according to the usual form as aforesaid which was in the Afternoon of this present Monday where each Temporal Lord nominateth one Proctor and therefore were admitted but the Earl of Lincoln nominating two Proctors which is somewhat extraordinary is transcribed out of the Original Journal-Book as followeth 12 th Maij introductae sunt literae Procuratoriae Edwardi Comitis Lincoln in quibus Procuratores suos constituit Robertum Comitem Leicester Willielmum Dominum Burleigh On Tuesday the 13 th day of May to which day the Parliament had been last continued the Bill against corrupt Presentations was read Primâ vice Nota Because the daily continuing of the Parliament in these words Dominus Custos magni Sigilli c. is but matter of course it is afterwards through the whole Journal-Book omitted unless something extraordinary fall out either in respect of the person time or manner of continuing of it On Wednesday the 14 th day of May to which day the Parliament had been last continued on the day next foregoing divers Lords Spiritual and Temporal Assembled but nothing was done save only the Continuance of the Parliament by the Lord Keeper to the day next following at eight of the Clock On Thursday the 15 th day of May to which day the Parliament had been yesterday continued the Bill for the punishment of Vagabonds and relief of the Poor was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees of which doubtless there can be no other reason seeing it was not sent up
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original journal-Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
r Hen. Killegrew M r William Gerrard M r Dalton and M r Peacock Vide concerning this matter on Thursday the 26 th day of June following On Tuesday the 13 th day of May the Bill for the Almeshouse of Plymouth in the County of Devon was read the second time and committed unto M r Edward Stanhope and M r Robert Snagg and by them in certain points amended and returned again Five Bills also of no great moment had each of them their first reading of which the first was against fraudulent Conveyances and secret Estates of Lands and the second for Christs Hospital On Wednesday the 14 th day of May Two Bills of no great moment had each of them one reading of which the second being the Bill that Tenants and Defendants in Actions may pray a Tales de circumstantibus as well as Plaintiffs and Defendants was read the first time and delivered to M r Fleetwood to be augmented for the Counties Palatine The Bill lastly for Explanation of a Statute made that the Lands and Goods of Tellors and Receivors should be liable to the payment of their Debts was read the second time and committed unto Sir Walter Mildmay M r Wilbraham M r Fanshawe M r Norton M r Sampoole and M r Robert Snagg who were appointed to meet at three of the Clock at Sir Walter Mildmay's House On Thursday the 15 th day of May M r Attorney General and M r Sollicitor were sent from the Lords to require M r Speaker that a convenient number of this House should attend upon their Honours in the Council-Chamber for Conference and signified that they had good liking of the first Committees for that purpose on Monday last Whereunto the House being moved by M r Speaker fully assented And upon the repair of the said Committees to the Lords and their return to this House again it was declared by M r Treasurer that the said Lords had appointed to meet in the Afternoon at two of the Clock in the Star-Chamber willing them to attend them there for further direction and a Plot to be devised for their manner of proceeding in the matter concerning the Queen of Scots Vide de ista materia on Thursday the 26 th day of June ensuing The Bill for the due Execution of the Statute for Weights and Measures and reformation of the abuses of the Clerk of the Market was read the first time On Friday the 16 th day of May A Motion being made whether it were convenient that this House and the Lords should join in Petition to move the Queens Majesty for the Execution of the Duke of Norfolk who was afterwards Beheaded on the Tower-Hill on the 10 th day of June following or that the common opinion of this House touching necessary Execution to be done upon him were meet to be signified unto her Highness as their general Resolution And upon the Question all the House thought that the general resolution was meetest to be signified unto her Majesty but not by way of Petition or direction of this House Two Bills also of no great moment had each of them one reading of which the second being the Bill against fraudulent Conveyances and secret Estates of Lands was read the second time and committed unto Sir Hen. Gates Sir Nichol. Arnold M r Recorder M r Mounson M r Fenner M r Edward Stanhoppe M r Snagg who were appointed to meet in Lincolns-Inn-Hall this Afternoon at two of the Clock and to return the Bill to Morrow On Saturday the 17 th day of May Five Bills of no great moment had each of them their first reading of which the last being the Bill that Patrons shall not lose their Presentations by lapse without notice when the Incumbents take another Benefice was read the first time Upon sundry Motions made by divers of this House it was Ordered that Arthur Hall Esq for sundry lewd Speeches used as well in this House as also abroad elsewhere shall have warning by the Serjeant to be here upon Monday next and at the Bar to answer to such things as he shall then and there be charged with And it was further Ordered that all such persons as have noted his words in writing either in this House or abroad do forthwith assemble in the Chamber above and put the same words in writing and afterwards deliver them to M r Speaker to the end he may charge the said Hall on Monday next On which said day see more concerning this matter On Monday the 19 th day of May Four Bills of no great moment had each of them one reading of which the last being a Bill for the Repeal of a former Statute made for the Town of Shrewsbury was read the second time and Ordered to be ingrossed The Bill for Explanation of 32 H. 8. for Recoveries was read the second time and committed unto the Master of the Wardrobe Sir Nicholas Arnold M r Attorney of the Court of Wards M r French M r Bowreman and M r Snagg Wednesday next was appointed unto Lodwicke Grevill Esq to make his appearance in this Court at the same hour he should have appeared this present day The Bill concerning Presentations by Law was read the second time and Ordered to be considered of by M r Tho. Browne M r Doctor Yale M r Wolley M r French M r Baber M r Jeoffrey M r Gates and M r Bowreman who were appointed to meet this Afternoon in the Middle Temple Church M r Doctor Lewes and M r Doctor Vaughan brought from the Lords a Bill touching Vagabonds and for relief of the Poor The Bill concerning Rites and Ceremonies was read the second time and Ordered to be ingrossed M r Doctor Yale and M r Doctor Huick brought from the Lords a Bill against the Forging of Foreign Coin not currant within this Realm Four Bills also of no great moment had each of them one reading of which the second being the Bill against the deceits of Under-Collectors of the Tenths and Subsidies of the Clergy was read the second time and Ordered to be ingrossed M r Attorney of the Court of Wards in the name of all the Committees in the great cause whose names see on Monday the 12 th day of this instant May foregoing made report unto the House of their Conference therein had with the Lords which being done after sundry Speeches it was upon the Question resolved by the House for the better safety and preservation of the Queens Majesties Person and the present State to make choice of proceeding against the Scottish Queen in the highest degree of Treason and therein to touch her as well in Life as in Title and Dignity and that of necessity with all possible speed by the whole Voice of the House But upon what occasions or motives the House grounded this their advice and resolution doth not appear in the Original journal-Journal-Book of the same But most probable it is that they were the same which remain in written Copies in
many hands though falsly attributed to have been presented unto her Majesty in the Thirteenth Year of her Reign whereas it appears plainly by both the Original journal-Journal-Books of the Upper House and House of Commons and by all other Monuments of the Parliament de an 13 Regin Eliz. that there was not so much as any mention made of the Queen of Scots or her dangerous practices which were so much and so often agitated in this present Session de an 14. And therefore it being so plain that they were tendred unto her Majesty in this said present Session and being also most likely that they were at this time framed in the House of Commons and were the cause of this dayes above-recited Resolution although it doth not certainly appear that they ought to be referred to this very place yet I thought good to have them inserted here in manner and form following Which said reasons as is very probable were presented unto her Majesty the 28 th day of May ensuing Reasons to prove the Queens Majesty bound in Conscience to proceed with Severity in this Case of the late Queen of Scots THE Word of God which is the only Director of Consciences and a certain Rule for all Estates and Offices doth often and most earnestly teach that Godly Princes or Magistrates not only in Conscience safely may but also in Duty towards God ought severely and uprightly to administer Justice For this is one of the Principal Causes for the which the Providence and Wisdom of God hath ordained Magistrates in Common-Wealths that they might by Justice and punishment according to the greatness of the offences repress the wickedness of Mankind whereunto by corruption of nature they are inclined The Magistrate as S t Paul saith Rom. 13. is the Minister of God and the Revenger of wrath towards him that hath done evil c. And S t Peter 1 Pet. 2. Be subject to the King as to the Chief or to the Under-Rulers as sent of him ad vindictam nocentium to the punishment or revengement of Ossendors and to the praise of them that do well If the Magistrate doth not this God threatneth heavy punishment When you were saith Wisdome to Princes Sap. 6. the Ministers of his Kingdom you have not Executed Judgment rightly nor kept the Law nor walked according to his Will Horrible therefore and right soon shall he appear unto you for an hard Judgment shall they have that hear rule Potentes potenter tormenta patientur Now then if the Magistrate be the Minister of God in his name and authority to punish the wicked according to the Measure of their offences and are threatned grievous punishment if they do not and on the other Party the late Scottish Queen hath offended in two highest degrees both concerning Gods Religion and the disinheriting and destruction of our Prince we see not but her Majesty must needs offend in Conscience before God if she do not punish her according to the measure of her offence in the highest degree Small punishment for great offences in respect of any person is partiality and slack Justice which God above all things in Judgment forbiddeth Consider not saith God the person of the poor nor honour the Countenance of the rich Levit. 19. It is not good saith Solomon Prov. 18. to consider the person of the wicked thereby to decline from the truth of Judgment And Jesus Sirach Make no labour to be a Judge except thou have that stoutness that thou mightily mayest put down wickedness for if thou stand in awe of the mighty thou canst not but fail in giving Sentence Ecclus. 7. Wherefore whether the late Queen of Scots be Queen or Subject be Stranger or Citizen be Kin or not Kin by Gods word for so great offences she should have the just deserved punishment and that in the highest degree The second Reason When God by his just Providence doth commit any grievous Offendor into the hands of a Prince or Magistrate as to his Minister to be punished he ought to fear the heavy displeasure of God if by any colour he do omit the same Non enim hominis Judicium est sed Dei maledictus est qui facit opus Domini fraudulenter vel negligenter For God often times brings Sinners to punishment for other offences than those that are known and appear to the World And therefore hath he shewed himself grievously displeased when such by colour of Mercy and Pity in Princes have escaped just Judgment Because Saul spared Agag 1 Reg. 15. although he were a King God took from the same Saul his good Spirit and transferred the Kingdom of Israel from him and from his Heirs for ever When Achab spared Benhadad the King of Syria by his unreasonable Clemency though he were a great Prince God willed the Prophet to say unto him Because thou hast 〈◊〉 escape out of thy hands the man that I would have to die thy life shall be for his life and thy people 〈◊〉 his people In these Examples great pretence might be made for Mercy for sparing of them and great reproach of bloodiness and Cruelty in the contrary but we see how God judged them The late Queen of Scots being a grievous Offendor divers ways both before she came into this Land and afterwards also hath been by Gods special and remarkable Providence put into the Queens Majesties hands to be punished and that far more notably than Agag and Benhadad were put into the hands of Saul and Achab. Therefore it is greatly to be feared if she escape as Benhadad did under pretence of mercy and favourable dealing that Gods heavy displeasure will for the same light both upon the Prince and the Realm as it did upon Achab and the Israelites shortly after This Sentence of the Prophet as it is for certain reported was spoken to the Lord James now Regent in Scotland when with too much lenity he proceeded therein it hath followed too true in him the Lord turn it from our Gracious Soveraign The third Reason Every good Prince ought by Gods Commandment to punish even with Death all such as do seek to seduce the People of God from his true worship unto Superstition and Idolatry For that offence God hath always most grievously punished as committed against the first Table Deut. 13. His words are these If thy Brother the Son of thy Mother or thine own Son or thy Daughter or thy Wife that lieth within thy Bosom or thy Friend which is as thine own Soul unto thee shall entice thee saying Let us go and serve strange Gods c. Thou shalt not consent unto him nor hearken unto him thine Eye shall not pity him neither shalt thou have compassion upon him nor keep him secret but cause him to be slain thine own hand shall be first upon him to kill him c. And afterwards addeth and all Israel shall fear to do any more any such wickedness The Residue of that Chapter afterwards containeth
What shall we say of the Prophet Elias shall we call him Cruel because in the Zeal of Justice he killed all the false Prophets of Baal Did not God approve his fact with the miraculous sending of abundance of rain after three years continual drought But to those men I think God himself and his Angels will seem Cruel and his Justice Cruelty that they under the colour of mercy might be spared until time will serve to satisfie their own cruel hearts An Argument perswading that the Queens Majesty ought to have in Conscience a great care of the safety of her own person EVery Prince being the Minister of God and a publick Person ought by Gods word to have an especial care of his own safety more than a private Person and chiefly when the case so standeth that the safety of his Realm and Countrey and the true worshipping of God by Gods disposition may seem to depend on him But now so it is in the Queens Majesty therefore in Conscience ought she to have a singular care of her safety if not for her self sake yet at the least for the furtherance of Gods cause and stay of her Country to the maintenance whereof she is bound before God Moses wished to be put out of the Book of Life for the safeguard of his People Exod. 32. Paul wished to be Anathema for his Brethren Rom. 10. Codrus and divers other Heathens gave away their Lives for the safety of their Countries Contrariwise we wish and are humble Suitors that it may please her Majesty to preserve her own Life and to cut away the dangers thereof if not for her own cause which happily her noble Courage doth smally regard yet at the leastwise for Gods cause and for her faithful and loving Subjects whose Life and good Estate dependeth on her Obj. It may be objected That her Majesty reposeth her trust and confidence in the Providence of God and therefore maketh light of all attempts that her Enemies can work against her Respons Surely it must needs be confessed that the same proceedeth both of noble Courage and of a strong Faith and trust in God and ought indeed to be the Bulwark of help and comfort to all good and godly Princes yet so far as they seem not withal to tempt God by leaving that diligence and those ordinary means whereby he useth to save and deliver David knew himself to be Anointed and appointed Israel by God himself yet he did not rashly cast himself into the hands of Saul his Enemy Jehosophat and Hezechias in their great distresses undoubtedly had their chief trust and confidence in the Providence of God but they ceased not both to shun and cut off all those things whereby danger might grow and to use all means whereby their safety might be holpen It is alledged by Christ. Thou shalt not tempt thy Lord God but surely it might have been as fafe for Christ. without tempting God to have cast himself down from the Pinacle of the Temple as for the Queens Majesty to suffer in her Bosom this poisonous Serpent that ceaseth not continually to thrust the sting of her venemous workings into her Majesties safety and possession of her Crown It is well said Principum securitas paucorum vitâ redimenda est There are divers Histories yea and Examples of late time whereby it hath been declared that the tempting confidence of Gods Providence not shunning evident occasions of danger hath fallen out to the extream hurt of the Parties and on such as have depended on them which we think not meet to recite lest they might seem in this Case Ominosa as God for his great Mercies sake forbid that they should be Many Reasons Authorities and Examples more besides this may be taken out of the Holy Scriptures for Confirmation of this purpose but for tediousness we thought good to omit them and to leave the residue to God In the 20 th Chapter of Levit. there is much like matter and that in as earnest manner set forth neither can any in Conscience think that this punishment was here by God appointed so grievous only for those that then seduced the people of God to Gentilish and heathenish Idolatry for Idolatry and false worship by whomsoever it be begun though they bear the name of the Church or of the People of God never so much It is a direct offence against the first Table and therefore in Gods Judgment worthy no less punishment Yea their offence must needs be more hainous in the sight of God for that they have had greater opportunity to understand Gods true worship Shall any Christian man think that the worship of God appointed in his Law being but the figure was more acceptable and pleasant to God than this his true worship in the Faith of Jesus according to the Gospel of our Redemption or that the violating of the same or seducing of his people from it is in his Judgment less displeasant or not so grievously to be punished as was the breaking of his Law or the seducing from it Shall we think that the gathering of a few sticks on the Sabbath Day is to be punished by Death in a poor simple person and the seeking to subvert the Gospel of Christ and to draw the people of God to that Idolatrous Doctrine that teacheth to impute the merit of Christs Blood and Passion to wicked mens devices yea to Stocks to Stones to Sticks to Water to Bells c. shall not be worthy the punishment of Death in a noble Person God direct our Judgments otherways By these words of God before recited Deut. 13 if it be evident that God willed his Magistrates to spare neither Brother nor Sister nor Son nor Daughter nor Wife nor Friend though he were never so nigh if he sought to seduce the people of God from his true worship how much less is an Enemy a Traytor and an Adulterer to be spared These Reasons for the speedy Executing of the Scottish Queen being part of those contained in the written Copy of the said Reasons I had by me and of which the latter part containeth the Petition of the House to her Majesty which see Entred at large in their proper places on Thursday the 28 th day of this instant May ensuing are transcribed out of the said written Copy and are added to this days passages because it is very probable the House did ground their before-mentioned resolution upon them although not only the day on which they were first digested in the House be there omitted but also the very year is through the Error as it should seem of some transcriber falsly set down to have been the Thirteenth of her Majesty in which Parliament the matter of the Scottish Queen was not at all mentioned nor at all dealt in by the House of Commons until this present Session of Parliament in an 14 Reginae Eliz. as doth appear plainly by the Original journal-Journal-Book of the same House And now follows the residue
Jurisdiction Paulus de Castro in dictam legem est receptivum ff eo verba ejus enim Major vel aequalis potest se subjicere Jurisdictioni ordinaliter alterius Judicis minoris vel paris tacite si Judex unius Territorii delinquat vel contrahat in territorium alterius Judicis vel minoris vel paris quia ratione delicti vel contractus sortitur ibi forum Rota de definitionibus de Judiciis Ille qui delinquit per delictum amisit mercem imprim sic factus est alius privatus sic compar potest eum punire Quilibet in suo Territorio est major Alexandro But the Scottish Queen having committed High Treason within this Realm hath by contraction of Law submitted her self to this Jurisdiction and therefore to be punished as another private Person And although it be said that one that is not subditus non potest committere crimen laesae Majestatis yet that saying is to be taken whereas the crime is committed out of the Jurisdiction but if it be committed within the Jurisdiction then there to be punished Papa in Clementinam de sententia re judicata And albeit the Pope did reverse the same Sentence yet he saith that if the party had been within the Jurisdiction of the superior at the time of the Crime committed and judgment to the party offended he had been justly condemned c. Verba Papae Quod si Rex infra districtum imperiale suisset invenitus delinquens potuisset contra eum scntentia dici Lo here the Pope declareth plainly that she here offending may justy here be punished in poena Capitis Item a King deposed is not afterwards to be taken for a King Thomas de Turrecremeta definitione 65. Rex Regno privatus non est amplius Rex But the Queen of Scots is deprived Ergo. The benefit or priviledge of safe-Conduct is lost when any crime is committed after the safe-Conduct granted Angelus de maleficiis in verbo publica fama But the Queen of Scots hath committed against the safe-Conduct since her coming into the Realm Ergo. The will and mind in Treasons is punished equally as the Act. Cod. ad legem Juliam laesae Majestatis verba legis In crimine laesae Majestatis voluntatem sceleris aeque ac effectum puniri jura voluerunt But the Scottish Queen hath not only had the affections but hath notoriously proceeded to the actions Ergo. Neither is it any new or rare thing for Kings and Queens to be adjudged and Condemned for Treason for Henry the Seventh Emperour did give a solemn judgment of death at Pisa A. D. 1311. against Robert King of Sicily Diotorus was likewise Condemned by Julius Caesar and Joan Queen of Naples for murthering her Husband and Hanging him out of a Window Punishment ought to be equal to the offences committed ss de poenis but Death is the penalty appointed for Treason Ergo. The foregoing Petition and Reasons for the speedy Execution of the Scottish Queen being thus transcribed out of the before-mentioned written Copy of them I had by me Now follows the residue of this days passages and of this ensuing Journal out of the Original journal-Journal-Book of the House of Commons it self in manner and form following Two Bills of no great moment had each of them one reading of which the second being the Bill for Cogshall and Bocking was read the first time The Proviso to the Bill for Worcester was twice read and Ordered to be ingrossed The Bill for the Free Grammar-School in Tunbridge was committed unto Sir Tho. Scot and others to meet to Morrow in the Afternoon at three of the Clock The Bill for the Explanation of the Statute of 32 H. 8. for Recoveries was read the third time and committed to the former Committees unto whom also were added M r Serjeant Lovelace M r Attorney of the Dutchy M r Popham and M r Townesend who were to meet this Afternoon in the Temple Church M r Treasurer declared that he and certain others of the Committees chosen by themselves out of themselves do presently come from her Majesty and that her Majesty doth very thankfully accept the good will and zeal of this House in their carefulness for her Majesties safety and preservation and that as her Majesty thinketh the course chosen by this House and wherein the Lords have joined with this House to be the best and surest way for her Majesties preservation and safety indeed yet her Highness for certain respects by her self conceived thinketh good for this time to defer but not to reject that course of proceeding as yet and in the mean time with all convenient speed to go forward in the great matter against the Scottish Queen with a second Bill being the other part of the said Choice heretofore offered to this House And that her Majesty minding in that Bill by any implication or drawing of words not to have the Scottish Queen either enabled or disabled to or from any manner of Title to the Crown of this Realm or any other Title to the same whatsoever touched at all willeth that the Bill be first drawn by her Learned Councel and by them penned before the same be treated of or dealt in in this House And that in the mean time of bringing in of the said Bill this House enter not into any Speeches or Arguments of that matter And that her Majesty hath likewise signified the same her like pleasure unto the Lords of the Upper House by some of the said Committees of the same House Vide concerning this matter on Thursday the 26 th day of June following M r Attorney and M r Sollicitor declared from the Lords that their Lordships have appointed six of themselves which were with the Queens Majesty this Forenoon at the Exchequer and that they have appointed the Judges there to attend them and pray that a convenient number of such of this House as were also with her Highness might with some others of this House meet there with their Lordships for further Conference and thereupon were for that purpose appointed by this House M r Treasurer M r Comptroller M r Chancellor of the Dutchy M r Chancellor of the Exchequer Sir Maurice Berkeley Sir Tho. Scott Sir Hugh Pawlett Sir John Thynne Sir Hen. Gate M r D r Wilson Master of the Requests M r Serjeant Lovelace M r Attorney of the Court of Wards M r Recorder of London M r Moor. M r Mounson M r Popham M r Attorney of the Dutchy M r Sands M r Norton M r Atkins and M r Dalton Nota That it is not certainly set down why these forenamed Committees were nominated but as is most probable they were appointed either for the great business touching the Scottish Queen or the Execution of the Duke or both The Resolution of this House upon the Question was that Petition should be made by this House unto her Majesty for the present Execution of the Duke and that the same
them one reading of which the last being the Bill for the County Palatine of Durham and the Isle of Ely was upon the second reading committed to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Northumberland the Bishop of London and others Dominus Thesaurarius in absentia Domini Custodis magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona Nota That there appeareth no Commission or other Authority in the Original journal-Journal-Book of the Upper House by which the Lord Treasurer supplied the Lord Keepers place but most probable it is that either the Commission it self is negligently omitted by Anthony Mason Esquire at this time Clerk of the same House or that the Lord Treasurer did continue it only upon her Majesties verbal Authority and Command as it is very likely the Lord Chief Justice did supply the Lord Keeper's place on Thursday the 5 th day of June in the first Session of this very Parliament in Anno 14 Reginae Eliz. And it is certain that Sir Nicholas Bacon Lord Keeper of the Great Seal growing at this time after which he did not long live both Aged and Sickly gave occasion to her Majesty by reason of his weakness to Authorize others more frequently to supply his place than it is otherwise likely she would have done Vide Consimil Mar. 4. in An. 1 Eliz. On Monday the 5 th day of March to which day the Parliament had been on Saturday last continued seven Bills of no great moment had each of them one reading of which the last being the Bill touching the Lord Viscount Bindou and Henry Howard his Son was read secundâ vice commissa ad ingrossandum Seven Bills were brought up to the Lords from the House of Commons of which one was for the assurance of certain Lands to Sir John Rivers Knight and another for the perpetual maintenance of Rochester-Bridge Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Tuesday the 6 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill for setting the poor on work and for avoiding of Idleness was read the second time but no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the House of Commons The Bill for the true Tanning and Currying of Leather was sent up to the Lords from the House of Commons Two Bills also of no great moment had each of them one reading of which the first being the Bill touching Viscount Bindon and Henry Howard his Son was read tertiâ vice Three Bills were brought up to the Lords from the House of Commons of which the first was for the repairing of Chepstow-Bridge and the third was the Bill for Reformation of the Jeofails Two Bills finally had each of them one reading of which the second being the Bill whereby certain Authority was given to the Justices of the Queens Majesties Parks Forests and Chases was read secundâ vice commissa ad ingrossandum Dominus Thesaurarius continuavit praesens Parliamentum usque in diem prox hora nona On Wednesday the 7 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill for the restitution in Blood of John Lord Stourton his Brother and Sisters was read tertiâ vice conclusa and sent to the House of Commons by D r Yale and D r Barkley Four other Bills also had each of them one reading of which the third being the Bill whereby certain Authority was given to the Justices of the Queens Parks Forests and Chases was read tertiâ vice conclusa and sent to the House of Commons by Doctor Yale and M r Powle Clerk of the Crown Five Bills were sent up to the Lords from the House of Commons of the which one was for the Confirmation of Letters Patents with certain Amendments and another for avoiding of sraudulent Gifts by the late Rebels in the North. The Bill lastly for the Trial of Nisi prius in the County of Middlesex was read secunda vice 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 House of Commons Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Thursday the 8 th day of March Four Bills were brought up to the Lords from the House of Commons of which the first being the Bill for maintenance of the Colleges in the Universities of Winchester and Eaton and the second against buying and selling of Rooms and Places in Colleges and Schools were each of them read primâ vice Three Bills also of no great moment had each of them one reading of which the first being the Bill for setting the poor on work and for the avoiding of Idleness was read tertia vice conclusa with a Proviso added by the Lords and certain Amendments and sent to the House of Commons by D r Vaughan and D r Yale Dominus Thesaurarius continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lords Spiritual and Temporal Assembling Ten Bills of no great moment had each of them one reading of which the third being the Bill for the Toleration of certain Cloths in Com. Wilts Somers and Dors. the fifth for Reformation of Disorders in common Informers the sixth for the payment of Tythes in the Town of Reading in like sort as it is in the City of London the seventh touching Benefices Impropriate the eighth for reformation of Abuses in Goldsmiths and the last being the Bill for the reformation of Jeofailes were each of them read the second time but no mention is made that they were either referred to Committees or Ordered to be ingrossed because they had been formerly sent from the House of Commons Four Bills were sent up to the Lords from the House of Commons of which one was for the making of certain Denizens and another for avoiding fraudulent Gifts and Conveyances made by the late Rebels in the North. On Friday the 9 th of March Six Bills of no great moment had each of them one reading of which the fifth being the Bill for the repairing and amending of Highways and Bridges near unto Oxford and the sixth and last being the Bill that the Plaintiff shall be sworn upon his Bill as the Defendant is sworn upon his Answer was read secundâ vice but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been sent from the House of Commons Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the Hospital at Leicester was returned conclusa Four Bills of no great moment lastly had each of them
general and free Pardon was returned conclus This day also in the Afternoon the Queens Majesty with divers Lords Spiritual and Temporal were present in the Upper House of which the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell their Speaker who carried up with him the Bill of one Subsidy and two Fifteenths and Tenths and was placed at the Rail or Bar at the lower end of the said Upper House But both this manner of his coming up or what was else spoken or done this Afternoon in the said House is wholly omitted in the journal-Journal-Book of the same through the great negligence of Anthony Mason Esquire at this time Clerk thereof and therefore the repairing up of the said Speaker with the residue of the Members of the House of Commons is Collected out of the Original Journal-Book of the same House and the substance of the said Speakers Speech with the Lord Keepers Answer at large are both supplied out of a Copy of the said Lord Keepers Speech which I had by me The Speaker standing close to the Rail or Bar in the-lower end of the Upper House as is aforesaid and after his humble Reverence made delivered his Oration to her Majesty to the effect following First He spoke touching sundry kinds of Government which had been in this Kingdom and so drew his Discourse to the present time Then he made a large enumeration of her Majesties many Vertues and of the many benefits which the Kingdom received by her Gracious Government After which he proceeded humbly to Petition her Majesty to make the Kingdom further happy in her Marriage that so they might hope for a continuing Succession of those benefits in her Posterity To which having added a compendious relation of such Acts as had passed the House of Commons he concluded with the Presentation of the Bill of Subsidy in their names unto her Majesty After which the Lord Keeper by her Majesties Commandment Answered as solloweth viz. M r Speaker The Queens Majesty our most Dread and Gracious Soveraign Lady hath heard and doth very well understand your Oration full of good will and matter The sum thereof may be reduced into five parts whereof the first containeth a Discourse of sundry kinds of Government from the beginning until this time The second the Commendations of her Majesties Vertues and of her great and gracious Government from the beginning with a remembrance of her Highness bountiful benefits The third concerneth the humble and earnest Petition moving her Majesty to Marry The fourth is a Declaration of Laws past in the Lower House with an humble Suit for her Highness Royal Assent to be given unto the same The fifth and last concerning a Presentation of a Subsidy granted in this Session As concerning the first which containeth the Discourse of sundry kinds of Government I see not that this time and place doth require any Answer to be given unto it other than this that you M r Speaker are much to be Commended for your diligent Collecting and also for the apt comparing of the last part of the same And as to the second which concerneth the Commendations of her Majesties great Vertue and good Government with the remembrance of the manifold benefits that you have received at her Majesties Hand her Highness hath Commanded me to say unto you that she wisheth of God with all her Heart that all those Royal Vertues and principal parts together with the great gifts of gracious Government that you make mention of were so perfectly planted in her as best might serve to the maintenance of Gods Glory from whom her Majesty confesseth all goodness to proceed and best also might serve for the good Governance of you her good loving and obedient Subjects and withal prayeth you with her and for her to give God hearty thanks for those Vertues and Graces that it hath pleased him to bless her withal and also to pray for the continuance of them with such increase as shall best like his Divine Majesty And besides this I may and dare certainly affirm unto you by her Majesties own Mouth that if the Vertues of all the Princes in Europe were united within her Highness Breast she should gladly imploy the same to the best of her Power about the good Governance of you that be so good and loving unto her so great is her Highness good will and inward affection toward you Again true it is that these your loving and reverend conceivings of the Vertuous and Gracious Government of your Soveraign is taking by her Majesty in very thankful part as a special and peculiar property pertaining to faithful and loving Subjects neither will her Highness admit of any occasion that may move you to conceive otherwise than you have neither do I think that any man can devise any more ready or any more strong perswasion to move a Princely nature to be such towards her Subjects as they can wish than by such good reverend and loving conception and conceiving remembred by you To conclude as touching this point I am to affirm unto you from her Majesty that she taketh your Proceedings in the Parliament both in the midst and also in the ending so graciously and in so thankful part that if both parts and nature did concur in me abundantly to make me Eloquent as neither of them do yet I am sure I were not able to set forth this point according to her Highness desire or to the worthiness of it And for the more manifest Declaration of this and of the great good liking her Majesty hath conceived of you that be of this Parliament her Highness meaneth not to determine the same but to Prorogue it until the next Winter And as both Cognizance and Recognizance of benefits her Majesties Pleasure is that I should declare unto you that there is none of these benefits received by you but she wisheth them trebble in number and quadruple in greatness and goodness And further her Highness thinketh that the faithful recognizing of benefits received is one of the greatest satisfactions that a Subject can make to his Soveraign for them And as to the third which concerneth your humble earnest Petition it proceedeth from your inward affections and benevolent minds founded and grounded upon the great good opinion that you have conceived of your Majesties most gracious Government over you according to the Declaration made by you a matter greatly moving her Majesty the rather to allow of your Petition The second note importeth yet more than this for therein she conceiveth that this great good opinion of this blessed Government is not conceived by you as it appeareth by your own Declarations upon any sudden ground or cause but hath grown upon the consideration of her Highness Governance during the Reign of seventeen Years now past whereby it is evident that this is a setled and constant opinion of yours and therefore much the more moving her Majesty to
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
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 lest 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 wise and dutiful men such as the Members of this House are thought always to be Between which Speech and the reftoring of the said M r 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-Journal-Book of the House of Commons these ensuing Passages intervened in the said House as followeth viz. M r Treasurer M r John Thynne Sir Nicholas Arnold Sir Henry Gate M r Marsh and M r 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 M r Doctor Vaughan and M r 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 M r Captain of the Guard the Masters of Requests M r 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 M r Crooke M r Popham M r Yelverton M r Norton M r Sampoole M r Alford and M r 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 9 th day of this instant March foregoing and on Wednesday March the 14 th 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 M r 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 M r 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 craving 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 M r 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-Journal-Book it self was not until Tuesday the 13 th 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 M r Doctor Lewes and M r 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 S t Cross near Winchester and the Bill for the Lord Viscount Howard of Bindon sent up to the Lords by M r 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 M r Chancellor of the Exchequer the Master of the Wardrobe M r Recorder of London M r Norton M r Sampoole M r Dalton M r Savile M r Marsh M r Yelverton M r
the House of Commons to resort unto their accustomed place and there to elect and chuse amongst themselves one able and sufficient person to be their Speaker for the rest of this present Parliament yet to come and after they should have made their Election that then three or four of them for and in all their names should signifie the same unto her Majesty and thereupon her Highness would further signifie her pleasure unto them what day and time they should present him so Elected before her as it had been formerly in like Cases accustomed to be done Nota That this Commission is set down at large in the Journal of the House of Commons de isto Anno 23 Reginae Eliz. to which it more properly belongeth This day lastly was returned one unusual Proxy from John Bishop of Exeter which is thus Entred in the Original Journal-Book the words only a little misplaced 18 die Januarii Johannis permissione divina Episcopi Exoniensis introductae sunt literae Procuratoriae in quibus Procuratorem suum constituit reverendum in Christo Patrem Johannem Episcopum Wigorniensem Nota That though there were no names of Triors or Receivors of Petitions read at this time because it was but the latter Session of a former Parliament and those said Receivors and Triors are never assigned but at the beginning of a new one yet it is very usual for the Lords of the Upper House to send their Proxies after a Prorogation as well as at the beginning of a new Parliament and especially if there be any long space or distance between the Sessions as was likewise used in the former Parliaments viz. in that second Session of Parliament held in Anno 8 Reginae Eliz. and the foregoing Session of Parliament held in Anno 18 Reginae ejusdem The Proxy before set down I therefore call an unusual because a spiritual Lord Constituted but one Proctor whereas for the most part they seldom or never nominate fewer than two and the Temporal Lords as seldom more than one and therefore those ordinary Proxies are for the most part wholly omitted and the extraordinary only transcribed out of the Journal-Book and at this Session of three Earls and ten Barons who sent their Proxies only one viz. Henry Earl of Huntington Constituted two Proctors which Proxies with some other unusual ones are set down the 23 th day of this instant January following on which said day being Monday they are all set down in the Original Journal-Book to have been introducted The Earl of Leicester had this Parliamentary Session six several Proxies sent unto him set down in the Original Journal-Book in the same Order they here follow viz. from Henry Earl of Darby Henry Lord Scroope Thomas Lord Buckhurst George Earl of Shrewsbury John Lord Darcy of Aston and from Henry Earl of Huntington who Constituted him the said Earl of Leicester his Proctor severally and jointly with Francis Earl of Bedford all which said Proxies or Letters Procuratory are Entred in the Original journal-Journal-Book to have been returned or introducted on Wednesday the 25 th day of this instant January On Thursday the 19 th day of January Billa for avoiding of slanderous Libelling prima vice lecta and two other Bills of no great moment were each of them read secunda vice after which the continuance of the Parliament is thus Entred in the Original Journal-Book Dominus Cancellarius continuavit praesens Parliamentum usque in diem prox hora secunda post meridiem On Friday the 20 th day of January the House met not till about two of the Clock in the Afternoon when her Majesty was her Self present with Sir Thomas Bromley Lord Chancellor and divers of the Lords both Spiritual and Temporal who being all set the Knights Citizens and Burgesses had notice given them thereof and thereupon repaired unto the Upper House with John Popham Esquire the Queens Sollicitor whom they had Elected and Chosen their Speaker on Wednesday the 18 th day of this instant January last past The said Speaker or Prolocutor with as many of the House of Commons as conveniently could being let in was led up between two of the most eminent Personages of the said House of Commons unto the Rail or Bar at the lower end of the Upper House and being there placed after three Reverences made spake to the effect following That whereas at the humble Suit of the Knights Citizens and Burgesses of the Commons House of Parliament now Assembled it had been signified from her Majesty by the Mouth of the Lord Chancellor and by force of her Highness Commission under the Great Seal of England that it was her Pleasure and Command that the said Knights Citizens and Burgesses should chuse a Learned man for their Speaker instead of Sir Robert Bell late Lord Chief Baron and their Speaker whom it had pleased God to take out of this World that thereupon they had Chosen and compelled himself to take upon him that weighty Charge for which finding himself altogether unable and further at large pressing his own disability he lastly desired that her Majesty out of her gracious favour would be pleased to free him from that great imployment and that the said Knights Citizens and Burgesses might have Authority to Elect and Chuse some other more able and sufficient Member amongst them to undertake and perform the same Then the Queen called the Lord Chancellor unto her declaring her Opinion in that which he should Answer to the said Speaker or Prolocutor who thereupon returning to his place Answered the said Speaker that her Majesty had fully heard and did well allow of his modest and humble disabling of himself but yet being also acquainted with his faithfulness care and many abilities her Majesty was resolved he should undertake this Charge and therefore did both allow and approve of the said Election of the House of Commons Whereupon the said Speaker rendring his most humble thanks to her Majesty and acknowledging her gracious favour towards him promised his most faithful and careful endeavour for the discharge of the said place after which he proceeded to Petition her Majesty in the name of the House of Commons according to the usual course for freedom of Speech freedom of Access to her Majesty and freedom from Arrests and Suits for themselves and their necessary Attendants And lastly that if in any thing he should unwittingly mistake the blame might not lie upon the House but upon himself and that her Majesty would be pleased graciously to Pardon him To which the Lord Chancellor by Command from her Majesty Answered that she did well accept of his humble thankfulness and the promise of his best endeavour and diligence and that for all his Petitions her Majesty was well pleased that himself and the Knights Citizens and Burgesses of the House of Commons should have and enjoy all such freedoms and priviledges as had been formerly in like Case enjoyed and used in the times of her Majesties most
Royal Progenitors And then he concluded with a special Admonition that the House of Commons should not deal or intermeddle with any matters touching her Majesties Person or Estate or Church Government Nota That in the Original journal-Journal-Book of the Upper-House de Anno isto 23 Reginae Eliz. the Queens presence and the presence of the other Lords is only noted but no mention is made who was chosen Speaker or that he was presented this Afternoon which happened by the very great negligence of M r Anthony Mason at this time Clerk of the said House wherefore this Presentment of the Speaker in manner and form as is aforesaid is supplied for the most part out of the Original Journal-Book of the House of Commons in this Session of Parliament in the twenty third year of her Majesty being there Entred fol. 4. a. Besides the further Adjournment of the Parliament or continuance of it Entred commonly in these words viz. Dominus Cancellarius Adjournavit praesens Parliamentum c. or continuavit praesens Parliamentum c. being but matter of course are in this ensuing Journal omitted unless where somewhat in it doth happen extraordinary in respect of the time place or person On Monday the 23 th day of January to which day the Parliament had been last Adjourned a Bill for the maintenance of the Borders and Frontiers against Scotland was read primâ vice and one other Bill for avoiding of slanderous Libelling was read secundâ vice This day also were introducted or delivered unto the hands of the Clerk of the Parliament divers extraordinary and unusual Proxies which are thus Entred in the Original Journal-Book or in not much different words 23 die Januarii introductae sunt literae Procuratoriae Richardi Episcopi Dunelmensis in quibus Procuratores suos constituit Edwinum Archiepiscopum Eboracen Johannem Episcopum Sarisburiensem Willielmum Episcopum Cestrensem Item introductae sunt literae Procuratoriae Willielmi Episcopi Cestrensis in quibus Procuratorem suum constituit Willielmum Episcopum Coventr Litchf Item introductae sunt literae Procuratoriae Gilberti Episcopi Bathon Wellen. in quibus Procuratores suos constituit Johannem Episcopum London Thomam Episcopum Lincoln Johannem Episcopum Wigorn. Johannem Episcopum Sarisburien Item introductae sunt literae Procuratoriae Henrici Comitis Huntingtoniae in quibus Procuratores suos constituit Franciscum Comitem Bedford Robertum Comitem Leicestr Nota That whereas the Spiritual Lords do for the most part name but two Proctors and not fewer than two here the Bishop of Durham Constituted three the Bishop of Bath and Wells four and the Bishop of Chester but one and in like manner whereas the Temporal Lords seldom Constitute above one Proctor here the Earl of Huntington nominated two Finally it is to be noted that none of these Lords could be thus absent or Constitute their Proctors but by the Queens Majesties Licence first obtained On Tuesday the 24 th day of January to which day the Parliament had been last continued the Lord Chancellor and divers Lords met but nothing was done saving the Adjournment of the Parliament by the Lord Chancellor It seems that no businesses or Bills being as yet sent up from the House of Commons to the Upper House the Lords had no great imployment and hence it is usual for them in the beginning of a new Parliament or of a new Session after many Prorogations to meet and without any further agitation or business only to continue or Adjourn the Parliament to a further day On Thursday the 26 th day of January to which day the Parliament had been last Adjourned The Bill against slanderous words and rumors and other seditious practices against the Queens Majesty was read primâ vice and two other Bills also of no great moment had each of them one reading On Saturday the 28 th day of January to which day the Parliament had been continued on Thursday last the foresaid Bill against slanderous words c. was read secundâ vice commissa ad ingrossandum Two other Bills had each of them one reading at the same time On Monday the 30 th day of January to which day the Parliament had been on Saturday foregoing last Adjourned the foresaid Bill against slanderous words c. was read tertiâ vice communi omnium Procerum assensu conclusa and with another Bill of no great moment concluded also this day was sent down to the Commons House by the Queens Attorney and Doctor Clerk There was one other Bill also for reformation of disorders and abuses in Sheriffs Under-Sheriffs and their Ministers read secundâ vice On Tuesday the 31 th day of January Two Bills of no great moment had each of them their first reading Two other Bills also were sent up to the Lords from the House of Commons viz. Billa for the speedy recovery of Debts quae primâ vice lecta and a Bill for avoiding of certain incumbrances against Purchasers which was also read primâ vice On Wednesday the first day of February Billa for the reformation of disorders and abuses in Sheriffs Under-Sheriffs and their Ministers was read tertiâ vice and then upon the Conclusion thereof sent down to the House of Commons The Bill also touching John Taylor and M r Terril being read primâ vice was committed Quod nota that a Bill was committed upon the first reading which is seldom used till the second Another Bill also touching Fines and Recoveries was read and committed On Saturday the 4 th day of February to which day the Parliament had on Wednesday last past been Adjourned Billa for the maintenance and strengthening of the Borders against Scotland and two other Bills of no great moment had each of them one reading On Monday the 6 th day of February Two Bills were each of them once read whereof the latter was for coming to Church hearing of Divine Service and receiving of the Communion On Tuesday the 7 th day of February Three Bills had each of them one reading whereof the last was touching Leases made by Corporations On Wednesday the 8 th day of February A Bill touching the Hospital of Ledbury in the County of Hereford was read secundâ vice commissa ad ingrossandum On Thursday the 9 th day of February the former Bill touching the Hospital of Ludbury c. was read the third time and upon the Conclusion thereof was sent down to the House of Commons On Saturday the 11 th day of February to which day the Parliament had been last Adjourned the Lord Chancellor and divers Lords met in the Forenoon but nothing was done saving the continuance of the Parliament unto two of the Clock in the Afternoon the same day at which hour meeting also nothing was done but only the Parliament again Adjourned to a further day On Monday the 13 th day of February to which day the Parliament had been on Saturday last Adjourned There were three Bills each of
no notice but by relation of his Death as her Majesty hath And her Majesty hath the more certain notice for that her self had made Sir Robert Bell Lord Chief Baron and so his place of Speaker void as some thought although some others thought that the Chief Baron may be Speaker and she had since his Death made a new Chief Baron viz. Nota That this Argument doth very solidly and fully prove that the Knights Citizens and Burgesses of the House of Commons ought not at this time to have joined with the Upper House in Petitioning the Queen for liberty to chuse a new Speaker in respect that her Majesty could not but take notice of it as well as themselves and the rather at this present because she had first made Sir Robert Bell Knight their former Speaker Chief Baron of the Exchequer by which many supposed his place of Speaker was void in the said Commons House because he was to be called by Writ as a necessary attendant of the Upper House and lastly because her Majesty had now afterwards also upon his Death made another Chief Baron in his room by all which it appeared most plainly as is before urged that her Majesty could not but know as well as themselves that the said place of Speaker was void But whether M r Fulk Onslow the now Clerk of the House of Commons did conceive these reasons in his own mind and so by communicating them unto others of the said House and finding them to concur in the same opinion did thereupon Enter them in the Journal-Book of this Parliament or whether others of the House did first conceive it themselves and utter it to him in private in the said House yet certainly it having not been openly spoken in the House as appears by his own setting of it down but privately muttered it ought to have been Entred as a private opinion and not as any part of the Journal and to have been distinguished by being written in some other different hand from that in which the rest of the Journal was set down or the like But yet notwithstanding all those foresaid reasons already set down it was at last agreed by the greater number of the few Voices that the said Precedent should be followed which had before passed in the eighth year of her Highness Reign And accordingly were appointed the said M r Treasurer and Sir James Crofts Knight Comptroller of her Majesties most honourable Houshold and Thomas Wilson Esquire one of her Highnesses Principal Secretaries with a convenient number of others of the House to go to the Upper House to make Petition to the Lords for their Mediation to her Majesty for Licence to chuse a Speaker the place being void first by the making of the said Sir Robert Bell to be Lord Chief Baron of the Exchequer and lastly by his Death which Message being by the said persons executed accordingly and they brought Answer again to the House from the Lords that their Lordships had appointed all the Lords of the Privy-Council with the Marquess of Winchester the Earl of Arundell and the Bishop of London to make that Suit to her Majesty and required to have four of this House being of her Majesties Privy-Council to join therein with them according to the said Precedent whereupon forasmuch as it appeared to this House that the Lords in appointing their number had varied from the said Precedent it was moved that likewise the number appointed by this House might also be altered that in precedent it might remain a thing Arbitratory to the House and that so five of this House being of the Privy-Council should be added to the Lords and the rather because it was then affirmed of some that the cause why only four of the Council being of this House were appointed in the said eighth year was for that the Lords number was then but four and for that also there were at that time but four of the Council in this House The now Lord Treasurer then being the one only Principal Secretary to her Majesty but at last the said Precedent was precisely urged and followed and the said M r Treasurer M r Comptroller and Sir Francis Walsingham Knight one of her Majesties two Principal Secretaries and Sir Walter Mildmay Knight Chancellor of her Highness Court of Exchequer were appointed by this House to join with the said Lords in the said Suit to her Majesty and Order was then also given that this House should also daily assemble to continue the Session and attend the Answer of her Highnesses Pleasure therein On Tuesday the 17 th day of January some number of this House Assembled this day to attend for the causes aforesaid On Wednesday the 18 th day of January the Right Honourable the Earl of Lincoln Lord Steward of the Queens Majesties most honourable Houshold came into this House and before him divers Knights Citizens and Burgesses returned into this House did openly receive and pronounce the Oath according to the form of the Statute in that case made and provided and he did also then and there signify and declare the right Honourable M r Treasurer M r Comptroller M r Secretary Wilson and M r Chancellor of the Exchequer to be his Deputies during this Session of Parliament that before them or any of them all such persons as should during this Session be returned to be of this House might openly receive and pronounce the said Oath accordingly which Deputation they did then execute This matter of the Lord Stewards Ministring the Oath of Supremacy unto such Members of the House of Commons as were newly Elected and returned to this new Session of Parliament being thus transcribed out of the Original journal-Journal-Book of the House of Commons now follows the whole manner of the proceeding of her Majesty in giving Authority by her Commission under the Great Seal unto the House of Commons to Elect a new Speaker and of their receiving the said Authority out of the Original journal-Journal-Book of the House of Lords in respect that the same is but shortly and imperfectly set down in the Original journal-Journal-Book of the said House of Commons This foresaid Wednesday Morning the Knights Citizens and Burgesses of the House of Commons being mindful of the great business of the Election of a new Speaker which they had treated of on Monday foregoing being the 16 th day of this instant January repaired to the Upper House commonly called the Parliament Chamber where being Assembled with the Lords those noble Personages and others who had been appointed to repair unto the Queen on Monday foregoing signified her Majesties Pleasure unto all the Lords and Commons there present concerning the Choice of a new Speaker by the Members of the House of Commons And thereupon the Lord Chancellor shewed forth a Commission under the Broad Seal of England which he Commanded the Clerk openly to read the the tenor whereof was as followeth ELizabeth c. To our Right Trusty and
and rejected It is Ordered that M r Speaker in the name of this House do require the Warden of the Fleet being a Member of this House that he do cause from henceforth two of his Servants to attend at the Stair-head near unto the outer Door of this House and to lay hands upon two or three of such disordered Serving-men or Pages as shall happen to use such lewd disorder and outrage as hath been accustomed to be exercised there this Parliament time to the end they may thereupon be brought into this House and receive such punishment as to this House shall seem meet On Thursday the second day of February it seemeth that neither House sate for in the Journal of the House of Commons there is no mention at all of the day or of any passages in it And that the Upper House sate not it is most certain for on the Wednesday foregoing being the first day of this instant February Sir Thomas Bromley the now Lord Chancellor Adjourned the Parliament unto Saturday following being the 4 th day of this instant Month. On Friday the third day of February Eight Bills of no great moment had each of them one reading of which the seventh being the Bill against slanderous Libelling was upon the second reading committed to M r Vice-Chamberlain M r Chancellor of the Exchequer M r Chancellor of the Dutchy Sir Henry Knivett M r Attorney of the Dutchy M r Serjeant Fenner and others to meet in the Exchequer Chamber at two of the Clock in the Afternoon M r Treasurer brought in a Bill touching Children of Strangers born in England and a new Bill devised by the Committees for that purpose which Bill had its first reading John Owld Porter of Serjeants-Inn in Fleetstreet who on Wednesday last past being the first day of this instant February had been by Order of this House committed to the Serjeants Ward for his miscarriage towards M r Norton a Member of this House being this day brought to the Bar upon his humble submission and acknowledgment of his fault was set at liberty paying his Fees On Saturday the 4 th day of February Six Bills had each of them one reading of which the third being the Bill for Cloths called Tauntons Bridgewaters and Charde was upon the second reading committed unto M r Chancellor of the Exchequer Sir George Speake Sir William Moore M r Norton and others who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Sir Thomas Scott one of the Committees in the Bill for preservation of Woods offered a new Bill for that purpose to this House drawn by the privity and assent of himself and of the residue of the said Committees M r Serjeant Anderson and M r Doctor Clark did bring word from the Lords that their Lordships do require a Conference with some of this House in the Council Chamber at the Court on Tuesday next in the Afternoon touching the Bill passed this House for avoiding of certain Incumbrances against Purchasers Whereupon are appointed all the Privy-Council being of this House Sir Thomas Sampoole M r Attorney of the Dutchy M r Recorder of London M r Serjeant Flowerdewe M r Serjeant Fenner M r Colbie M r Yelverton M r Sands and M r Dalton The Bill for reformation of disorders in Sheriffs c. was read and committed to M r Vice-Chamberlain M r Comptroller M r Chancellor of the Exchequer M r Osborne and others who were appointed to meet at the Exchequer Chamber upon Thursday next at two of the Clock in the Afternoon and withal to consider of the former Bills of like effect offered to this House now or heretofore Upon a Motion made to this House by M r Norton in which he declared that some person of late had caused a Book to be set forth in print not only greatly reproachful against some particular good Members of this House of great Credit but also very much slanderous and derogatory to the general Authority Power and State of this House and prejudicial to the validity of the Proceedings of the same in making and establishing of Laws charging this House with Drunkenness as Accompanied in their Councils with Bacchus and then also with Choler as those which had never sailed to Anticyra and the Proceedings of this House to be opera tenebrarum and further that by the circumstance of the residue of the Discourse of the said Book he conjectured the same to be done and procured by Mr. Arthur Hall one of this House and so prayed thereupon the said Mr. Hall might be called by this House to Answer and the matter further to be duly examined as the weight thereof in due consideration of the gravity and wisdom of this House and of the Authority State and Liberty of the same requireth It is resolved that the said Mr. Hall be forthwith sent for by the Serjeant at Armes attending upon this House to make his appearance here in that behalf accordingly And then immediately Mr. Secretary Wilson did thereupon signifie unto this House that the said Mr. Hall had upon his Examination therein before the Lords of the Council heretofore confessed in the hearing of the said Mr. Secretary that he did cause the said Book to be printed indeed Upon relation whereof and after some Speech then also uttered unto this House by Mr. Chancellor of the Exchequer of the dangerous and lewd contents of the Book the Serjeant was forthwith by Order of this House sent to apprehend the said Arthur Hall and presently assisted for that purpose with Sir Thomos Scott and Sir Thomas Browne by the appointment of this House A Commission was also given by this whole House unto Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Secretary Wilson Mr. Treasurer of the Chamber Sir Henry Lea Sir Thomas Cecill Sir William fitz Williams and Sir Henry Gate to send for the Printer of the said Book and to examine him touching the said matter and afterwards to make report thereof to this House accordingly And also to take Order and advice further for the sending for and apprehending of the said Arthur Hall if it should so fall out that he did withdraw himself or depart out of Town before such time as the said Serjeant could find him with this further Resolution also that any such Member of this House as should happen first to see him or meet him might and should in the name of this whole House stay him and bring him forth to Answer the said matter forthwith before the whole House with all possible speed Vide concerning this matter on Wednesday the 14 th of this instant February following and also on Saturday the 18 th day of March next following On Monday the 6 th day of February the Bill for ratifying of an award for certain Copyholders in the County of Worcester and the Bill for Partition of Lands amongst the Coheirs of the late Lord Latimer were each of
Chief Baron had not committed any contempt against this Right Honourable Court And further Ordered 13 o die Decembris that the appearance of the same James Diggs by rendring himself into the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds shall be redelivered Provided nevertheless that for as much as the said James Diggs was not Arrested in Execution at the Suit of Richard Howe but was committed after Judgment by the Barons of the Exchequer upon a Reddit se for discharge of his Sureties It is therefore further Ordered by the said Lords that touching the sum of money recovered by the said Howe against the said James Diggs the said Howe and James Diggs shall stand to such Order as the Lord Chief Baron and other of the Barons of the Exchequer shall set down for the same Vide more afterwards concerning this matter upon Monday the 14 th and on Tuesday the 15 th day of this instant December following On Thursday the third day of December to which day the Parliament had been on Tuesday last continued the Bill for fit and convenient places for landing and shipping of Merchandize was read secunda vice and then committed to the Lord Treasurer and others and to the two Senior Barons of the Exchequer Nota That here two Judges who are but Assistants unto the Upper House are made joint Committees with the Lords On Friday the 4 th day of December Two Bills were sent up to the Lords from the House of Commons of which the first being an Act for the maintenance of Navigation was read prima vice and the second touching the Clothiers of Essex was read prima secunda vice and then committed On Saturday the 5 th day of December Three Bills of no great moment had each of them one reading of which the second being the Bill for the Inning of Erith and Plumsted Marsh was read secunda vice and committed unto three Earls one Bishop and five Barons which Committees did appoint to hear amongst themselves as well the Parties Owners as Inners touching the same Bill The Bill also concerning the Essex Clothiers which had been sent up yesterday to the Lords from the House of Commons was this day upon the third reading and conclusion thereof sent back again thither On Monday the 7 th day of December to which day the Parliament had been last continued two Bills had each of them one reading the first for maintenance of Navigation and the second for increase of Mariners Two Bills also were sent up to the Lords from the House of Commons the one touching the Essex Clothiers the other for the better and more reverent observing of the Sabbath day Nota That this Bill concerning the Sabbath day was long in passing the two Houses being committed and amendments upon amendments added unto it as Vide afterwards on Tuesday the 8 th day on Monday the 14 th day and on Saturday the 19 th day of this instant December ensuing as also on Wednesday the third day and on Saturday the 6 th day of March following Vide etiam on Wednesday the 9 th day of this instant December foregoing Whereas the Lord Viscount Bindon moved the Lords for the priviledge of the House for Robert Finnies alledging that he was his Servant the Lords gave Commandment to the Gentleman-Usher to go to the Counter in Woodstreet where the said Robert Finnies then lay upon an Execution and to bring him and the Parties that Arrested him before them And this day the said Lords after the hearing of the Cause thought it not convenient that the said Robert Finnies should enjoy the priviledge of this House as well because he claimed not the priviledge when he was first Arrested nor in the Counter when he was charged with the Execution as also for that he was not a menial Servant nor yet ordinary Attendant upon the said Viscount And further Ordered that the Officers of the Sheriffs of London should take again in Execution the said Finnies and convey him to the place from whence he came and that the bringing of the said Finnies before the said Lords at their Commandment should not be in any wise prejudicial to the Sheriffs or their Officers On Tuesday the 8 th day of December the Bill for the better and more reverent observing of the Sabbath day was read prima vice Vide concerning this Bill on Monday the 7 th day of this instant December foregoing On Wednesday the 9 th day of December Five Bills had each of them one reading of which the first being the Bill for the increase of Mariners was read the second time and thereupon committed And the second of the said Bills being for the better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury the Lord Treasurer the Lord Steward the Earl of Kent the Earl of Darby the Earl of Sussex the Earl of Bedford Viscount Mountague the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Bishop of Chester the Lord Chamberlain the Lord Zouch the Lord Willoughby the Lord Grey the Lord North the Lord Norris the Lord Chief Baron and Justice Windham Nota That here two Judges being here meer Assistants of the Upper House were made joint Committees with the Lords whereas of later times they are always Commanded to attend the Lords Committees of which also there was another Precedent this Morning The Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primier seisin was read secunda vice and committed to the Lord Treasurer being Master of the Wards to two Earls Viscount Mountague two Bishops five Barons the two Chief Justices and the Queens Attorney The continuance or Adjournment of the Parliament this day is not at all Entred in the Original journal-Journal-Book which seemeth to have happened through the Clerks negligence On Thursday the 10 th day of December Three Bills of no great moment had each of them their first reading of which the first was concerning Sir Thomas Lucy Knight and others On Saturday the 12 th day of December to which day the Parliament had been on Thursday last continued Five Bills of no great moment had each of them one reading of which the last being the Bill to provide remedy against fraudulent Conveyances and another concerning certain assurances of Sir Thomas Lucy and others were after the third reading sent down unto the House of Commons A Bill lastly being for the assurance of certain Lands unto George Chewne Esquire and others in Fee-simple was sent up to the Lords from the House of Commons On Monday the 14 th day of December to which day the Parliament had been on Saturday last continued the Bill for the better and more reverent observing of the Sabbath day with certain amendments was read tertiâ vice and with another bill of no great moment was sent down to the
House of Commons by two Doctors Nota That though this Bill were upon Wednesday last past being the 9 th day of this instant December referred to Committees yet no mention is made in the Original Journal-Book when it was again returned or brought into the House by the said Committees by whom it is most probable that these amendments were added unto it and for the passing of which the said Bill was at this time sent down to the House of Commons having formerly passed that House and been sent up from thence to the Lords before the aforesaid new amendments had been added by them on Monday last past being the 7 th day of this instant December The Bill touching the Lord Dacres and the Lord Norris was read prima vice Memorand That upon the Petition of the Lord Norris the Lords Ordered that he and the Lord Dacres with their Council should be heard upon Saturday next to Answer the said Bills Memorand That touching the former Order Entred primo die Decembris concerning James Diggs for that there wanted words for the discharge of the Bond and Sureties of the said James Diggs This day the Lords Ordered that the appearance of the said James Diggs by rendring himself in the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered and that this Order should be added to the former Order Memorand That where the said James Diggs exhibited to the Court a Bill of complaint in form of supplication against Sir Roger Manwood Knight Lord Chief Baron the Lords having heard the Parties and the Witnesses of M r Diggs and deliberately considered the Contents thereof with one consent agreed and adjudged that the said complaint was untrue and unjustifiable against the Lord Chief Baron And further Ordered that the said James Diggs by humble submission and open recognition should confess and acknowledge his fault And that the Earl of Rutland the Bishop of Winchester the Lord Lumley the Lord North and the Lord S t John of Bletsoe the Master of the Rolls and M r Serjeant Gawdy should peruse and consider the said recognition whether it were made in due form and that then it should be Entred on Record Vide touching this matter on Tuesday the first day of this instant December foregoing On Tuesday the 15 th day of December four Bills of no great moment had each of them one reading of which the first being the Bill for confirmation of her Majesties Letters Patents granted to Queens-Colleà ge in Oxford was read secundâ vice commissa ad ingrossandum This day James Diggs Gent. did according to their Lordships Order made yesterday humbly submit himself in manner and form following as it stands Entred upon Record in the Original Journal-Book of this Parliament The humble Submission of James Diggs unto the High Court of Parliament as well for his contempt unto the said Court as unto Sir Roger Manwood Lord Chief Baron by his untrue and unadvised Speeches in his Bill of complaint Whereas I James Diggs did of late exhibite a Bill of complaint unto your honourable Lordships in this High Court of Parliament against the said Lord Chief Baron wherein amongst other things is contained as followeth that is to say That the said Lord Chief Baron doth still continue an obstinate intention to frustrate your Lordships honourable Order taken for the discharging of the great Bonds of the said James Diggs his Sureties boldly saying that the same your Lordships honourable Order should be undone or brought about again as by the said Bill of complaint doth appear And whereas also it pleased your most honourable Lordships upon the humble Petition of me the said James Diggs to call before your honourable Lordships that Witness which I the said James Diggs did avow for the proof of the Allegations before rehearsed in the said Bill of Complaint against the said Lord Chief Baron which Witness being heard and examined at large touching the said Allegations with the circumstances of the same openly before your honourable Lordships in this High Court of Parliament it hath plainly and evidently appeared that there was no such obstinate intention in the said Lord Chief Baron nor that he did utter the said words or Speeches above-mentioned Whereupon it hath pleased your honourable Lordships to Order that I the said James Diggs should before your Lordships openly in this honourable Court of Parliament recognize my fault for this my untrue and unadvised complaint against him Wherefore I the said James Diggs being now heartily sorry for my said untrue and unadvised complaint in the Speeches aforesaid exhibited against the Lord Chief Baron do openly before your Lordships in this most High Court of Parliament consess and acknowledge my said offence in my said unadvised and untrue complaint made against the said Lord Chief Baron And do here before your Lordships heartily pray and desire the said Lord Chief Baron to remit and forget my said offence in my untrue and unadvised complaint made against him and withal do most humbly beseech all your Lordships to pardon my contempt and offence committed to this most High Court in exhibiting unto your Lordships of the said unadvised and untrue complaint Vide the former proceedings of this case of James Diggs Gentleman on Tuesday the first day and on Monday the 14 th day of this instant December foregoing Nota also That there is no continuance or adjournment of the Parliament by the Lord Chancellor in usual form entred in the Original journal-Journal-Book which seemeth to have happened through the negligence of the Clerk of the Parment but it is easie to be conjectured the Lord Chancellor continued the Parliament unto nine of the Clock in the forenoon of Wednesday next following On Wednesday the 16 th day of December two Bills of no great moment had each of them one reading of which the second being the Bill against scandalous Libelling was read secundâ vice and committed to the Archbishop of Canterbury the Archbishop of York the Lord Treasurer and others the Master of the Rolls the two Chief Justices the Queens Serjeant and Attorney Nota That here not only the Judges which are but Assistants to the Lords but also the Queens Council which are but meer Attendants upon the upper House are made joynt Committees with the Lords On Thursday the 17 th day of December the Bill for restitution in blood of Thomas Howard Son of Thomas Howard late Dake of Norfolk was read primâ vice And the same Bill was again read secundà tertiâ vice and by all the Lords concluded and sent to the House of Commons by two Doctors being Masters of the Chancery Nota The speedy passing of this Bill by vouchsasing of it three readings at one time each after other did express the special desire of the Lords to pass this Bill with as much honour as lay in them to do Eight other Bills of no great moment
and Erisby against the Heirs and Assigns of M r Heronden was read tertia vice conclusa and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls Memorandum That this day before the passing of my Lord Willoughbies Act Edward Heronden came before the Lords and gave his Assent thereunto Vide concerning this matter on Wednesday the third day of this instant March foregoing Saturday next was appointed by the House for the appearance of M r Oughtred and the Earl of Sussex and Viscount Mountague appointed to talk with the Lady Marchioness about the assurance of her Jointure by a Parliament Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past when Committees were appointed about it Vide also on Monday the 29 th day of this instant March following M r Vinions matter of which Vide antca on Monday the first day of this instant March foregoing was again referred to the Master of the Rolls and M r Serjeant Rodes The Bill lastly for redress of erroneous Judgment in the Kings-Bench was read tertia vice communi omnium procerum assensu conclusa Sir Christopher Wray Knight Lord Chief Justice of England brought in also a certain Record touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand concerning the same Which see at large on Monday the 8 th day of this instant March following For though it was this day brought into the Upper-House yet it is likely it was not there publickly read until the said Monday and therefore it is Entred at large on that day in the Original journal-Journal-Book upon which it was read and not upon this day when it was brought into the House by the Lord Chief Justice as aforesaid On Friday the 5 th day of March Seven Bills of no great moment had each of them one reading of which the second being the Bill for following of Hue and Cry was read tertia vice communi omnium procerum assensu conclusa On Saturday the 6 th day of March Four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the better and more reverent observing of the Sabbath to which the Lords having formerly added some Amendments had sent it back to the House of Commons where it first passed on Monday the 14 th day of December foregoing And upon this instant Saturday the said Commons sent it back again to the Lords with new Amendments upon their Amendments which said new Amendments of the Commons their Lordships did this Morning pass without further Disputation having read them prima secunda tertia vice Vide concerning this Bill of the Sabbath on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and Saturday the 19 th day of December foregoing As also on Wednesday the third day of this instant March last past and on Saturday the 13 th day of the same Month ensuing In all which days it will appear fully how hardly and difficultly it passed either House And yet at last when it was agreed on by both the said Houses it was dashed by her Majesty at the last day of this Parliament upon that prejudicated and ill followed Principle as may be conjectured that she would suffer nothing to be altered in matter of Religion or Ecclesiastical Government Vide itidem on Thursday the 18 th day of this instant March following Memorandum That whereas Ferdinando Clark one of the Ordinary Gentlemen of the Right Honourable Robert Earl of Leicester Lord Steward was committed to the Prison commonly called the Kings-Bench upon a Reddit se in the Kings-Bench for the discharge of his Sureties since the beginning of this present Parliament the Lords at the Motion of the Lord North in the name of the Lord Steward claiming the ancient priviledge of this High Court after the hearing of the Cause between the said Ferdinando and one John Lacy Citizen of London Ordered that the said Ferdinando by vertue of the priviledge of this High Court should be enlarged and set at liberty And further for as much as the said Ferdinando was not Arrested in Execution at the suit of the said John Lacy but was committed after Judgment by the Lord Chief Justice and the rest of the Justices of the Kings-Bench upon a Reddit se for discharge of his Sureties and their Bonds the said Lords Ordered that touching the sum of money recovered by the said John Lacy against the said Ferdinando Clark should stand to such order and mitigation therein as the said Lord Chief Justice of the Kings-Bench shall set down and order for the same And further Ordered that the appearance of the said Ferdinando Clark by rendring himself into the said Court of Kings-Bench was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered And it was further Ordered that ..... Catesby Marshal of the Kings-Bench should be discharged of the Prisoner and of any Action that might be brought against the said Marshal for the same On Monday the 8 th day of March to which day the Parliament had been last continued on Saturday foregoing the Record touching a Writ of Error which the Lord Chief Justice had brought into the Upper House on Thursday the 4 th day of this instant March foregoing was Entred in the Original Journal-Book and as it should seem read publickly in the House being in manner and form following Memorandum quod Christopherus Wray Miles Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve de errore Billam per Reginam indorsat ' Rotul ' in quibus supponebatur error ibidem reliquit transcriptum totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento Et super hoc venerunt Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne in propriis personis suis in Parliamento statim dixerunt quod in Recordo processu praedictis ac etiam in redditione Judicii praedicti manifestè est erratum in hoc quod posiquam Judicium praedictum in loqkela hac versus praefatum Thomam Gonnel redditum fait antequam praedictus Joh. Hunt hunc prosecutus suit impetravit praedictum primum breve de seire facias versus praefatum Richardum Harbert Johannem Awbery Willielmum Filian Simonem Browne Manucaptores praedicti Thomae Gonnell nullum breve de Cap. ad satisfaciendum pro debito damnis praedictis per praefatum Johannem Hunt in placito praedicto prosecutum returnatum suit versus praefatum Thomam Gonnell ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa
incorporation of Christs Hospital was read tertia vice communi omnium procerum assensu conclusa data Doctori Barkeley Servienti Rodes in Domum Communem deferend And the second being the Bill to give her Majesty Authority to alter and new make a Kalendar according to the Kalendar now used in other Countries was read prima vice Four Bills also of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill whereby Marriage was declared lawful at all times of the Year Two other Bills were lastly read each of them secunda vice of which the last being the Bill for the grant of one entire Subsidy and two Fifteenths granted by the Temporalty was read secunda vice About two of the Clock in the Afternoon to which hour the Lord Chancellor had in the Forenoon continued the Parliament the Lords Spiritual and Temporal meeting nine Bills of no great moment had each of them one reading of which the first being the Bill for the Haven of Plymouth was read secunda vice The Amendments lastly in the Bill concerning the Hospital of East-Bridge were read prima secunda tertia vice conclusae dissentientibus Vicecomite Mountague Comite Hertford On Wednesday the 17 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty was read tertia vice communi omnium Procerum assensu conclusa The fourth also being an Act for the assurance of certain Lands unto the Lord Hunsdon was read secunda vice commissa ad ingrossandum After which Robert Elrington and Alice his Wife mentioned in the said Bill touching the Lord Hunsdons assurance came into the House and gave their consent to the passing of the said Bill The Bill against the making of Starch was brought up to the Lords from the House of Commons and had its first reading After which lastly three Bills of no great moment had each of them one reading of which the first being the Bill for bringing in of Staple Fish and Herrings into the Realm was read secunda vice On Thursday the 18 th day of March six Bills of no great moment had each of them one reading of which the first being the Bill for the assurance of certain Lands to the Lord Hunsdon and the second being the Bill touching the breadth of white Woollen Clothes made within the Counties of Wilts Glocester and Oxon ' with the amendments were each of them read tertia vice conclusae datae servienti Rodes It should seem that these Bills were delivered to him to carry down to the House of Commons although so much be not expressed There were also brought up to the Lords from the House of Commons four Bills of no great moment of which the first being the Bill that Parsonages impropriate may be disposed to godly and charitable uses and the third for the better and more reverent observing of the Sabbath day were each of them read the first time Vide concerning this Bill of the Sabbath on Saturday the 6 th day of this instant March foregoing But what the intent or scope of this Bill was her Majesty refusing to pass it upon the last day of this Parliament cannot be certainly set down it being not now remaining in the bundle of the Acts de Anno isto 27 Reginae Eliz. in the Clerk of the Upper House his Office in which said bundle I searched for it on Thursday the 8 th day of October in the year 1629. About two of the Clock in the Afternoon to which hour the Lord Chancellor had in the Forenoon continued the Parliament Proceres tam Spirituales quà m Temporales quorum nomina subscribuntur praesentes fuerunt and so is the entrance of every sitting in the Afternoon upon such continuance ut supra viz. the same form which is used in entring the sitting of the House in the Forenoon which for brevity is in this Collection elsewhere omitted Two Bills had this Afternoon each of them one reading of which the first being the Bill against covenous and sraudulent Conveyances with certain amendments was read tertia vice On Friday the 29 th day of March five Bills of no great moment had each of them one reading of which the first being the Bill against covenous and fraudulent Conveyances with the amendments was read tertia vice communi omnium Procerum assensu conclusa data servienti Rodes Doctori Barkeley in domum communem deferend Nota That this Bill is said to have been read tertia vice in the Afternoon of the day past which was Thursday and therefore it could not be now read again but to reconcile this difference it should seem the Bill it self had then its third reading and the amendments but the second and this day the said amendments passed upon the third reading but the Bill it self which had passed yesterday was no more read which by the negligence of Mr. Mason at this time Clerk of the Parliament was suffered to be set down thus confusedly in the Original Journal-Book and so to stand On Saturday the 20 th day of March the Bill for the explanation of the Statute made Anno 13 of the Queens Majesty entituled An Act to make the Lauds Tenements Goods and Chattels of Receivors c. liable to pay their debts was read prima secunda tertia vice communi omnium Procerum assensu conclusa Three other Bills of no great moment had each of them one reading There were also brought up to the Lords from the House of Commons nine Bills of which the first was an Act for the good Government of the City and Borough of Westminster and the second being for the Subsidy of the Clergy was returned and expedited The Lord Bishop of Exeter shewed unto the Lord Chancellor Sir Francis Walsingham's Letter dated at the Court this 14 th day of March 1584. importing her Majesties licence for the said Bishop to depart home to his charge Nota That it appeareth not by the Original journal-Journal-Book whether the Bishop of Exeter aforesaid absenting himself for this time from the Parliament by her Majesties licence did constitute any Proctor or no and it should seem that he did not because his departure from it was but for some few weeks during the last sitting thereof and that also in open Parliament and as it were with the allowance also of the rest of the Lords On Monday the 22 th day of March to which day the Parliament had been on Saturday last continued six Bills of no great moment had each of them one reading of which the first being the Bill for reformation of Errors in Fines and Recoveries in the twelve Shires of Wales with a Proviso added by the Lords from the Earl of Kent was read tertia vice communi omnium Procerum assensu conclusa
by the Lords before it was thus immediately returned a thing very observable and extraordinary within a short time after the Lords themselves had received it It appeareth also in the said journal-Journal-Book that one Bill more concerning the good Government of the City of Westminster was sent up with certain amendments to the Lords from the House of Commons and that two other Bills whereof this very Bill concerning the City of Westminster was one and the Bill for the keeping of the County-Court at Morpeth and the Town of Anwicke in the County of Northumberland was the other had been this day sent down to the House of Commons from the Lords by Serjeant Rodes and M r Powle who thereupon did presently read them prima secunda tertia vice as the Lords it should seem led by their Example did the two Bills above-mentioned this same Morning afterwards and with some small alteration sent them up to the Lords All which matter is by the negligence of M r Mason at this time Clerk of the Upper House omitted in the said Original Journal-Book of that House and supplied out of the Original Journal-Book of the House of Commons pag. 166 167. Collected by M r Fulk Onslow at this time Clerk of the said House On Saturday the 27 th day of March the Bill for the maintenance of the Pier and Cobb of Lime-Regis in the County of Dorsett was read tertia vice conclusa The Petition also of the Lord Marquess of Winchester against M r Oughtred concerning certain Accompts by him to be made was this day read before the Lords Vide concerning this matter on Monday the 29 th day of this instant March following On Monday the 29 th day of March to which day the Parliament had been on Saturday last continued a Proviso to the Bill concerning the Pier and Cobb of Lime Regis added by the Lords was read tertia vice and then sent down to the House of Commons by M r Serjeant Rodes and M r Powle M r Oughtred appeared before the Lords The Lord Chancellor by the advice and consent of the said Lords asked the said Oughtred whether he meant to take the benefit of a Release heretofore mentioned The said Oughtred 〈◊〉 before the said Lords that he would 〈◊〉 advantage of any Release concerning 〈◊〉 sum of twelve thousand pound and more 〈◊〉 further that the said Release extended 〈◊〉 the said sum but to other accompts before 〈◊〉 time of his Executorship The Lord Chancellor demanded further of the said Oughtred 〈◊〉 would be contented that his said Speeches should be entred by the Clerk in the Journals of the House The said Oughtred Answered that he was very well pleased therewith Whereupon the Lord Chancellor Commanded that his said Speeches should be Registred Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de Anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past and on Tuesday the 4 th day and on Saturday the 27 th day of this instant March foregoing and Committees were likewise appointed about it on the foresaid 9 th day of February being Tuesday Dominus Cancellarius continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lords meeting the Bill for the Queens Majesties most Gracious general and free Pardon lecta est quae commum omnium Proccrum assensu conclusa est data Servienti Rodes in Domum Communem deferend ' unà cum subsidio Temporalitatis Nota That the general Pardon passeth here upon the first reading There was also brought from the House of Commons two Bills of which the first was the Bill for the preservation of the Pier or Cobb of Lime Regis in the County of Dorset and the second being an Act for the preservation of Pheasants and Partridges with amendments was rejected for that they of the House of Commons had with their amendments taken away the principal intent of the Bill This Afternoon her Majesty Accompanied with the two Archbishops of Canterbury and York Sir Thomas Bromley Knight Lord Chancellor the Lord Burleigh Lord Treasurer of England the Lord Marquess of Winchester the Earl of Oxford and divers other Lords Spiritual and Temporal were personally present in the Parliament Chamber commonly called the Upper House who being all set in their Parliamentary Robes and the Knights Citizens and Burgesses of the House of Commons having notice thereof repaired thither with John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House after his humble reverence made and some expressions of his thankfulness to her Majesty he proceeded according to the usual course to desire her Majesty to give Life to such Laws by adding her Gracious Allowance unto them as had passed either House and remained as yet but as a dead Letter and withal gave her Majesty knowledge of the free gift of the House of Commons of one Subsidy and two Fifteenths and Tenths To which Speech of the said Prolocutors the Lord Chancellor by her Majesties commandment answered That she did graciously accept of the said gift of her Commons and was come thither to give her Royal assent to divers of those Laws which had passed the two Houses Then were the Titles of all the Acts read and first the Bill of Subsidy to which the Clerk of the Parliament standing up did read the Queens Majesties Answer in manner and form following La Royne remercie ses loyaulx Subjects accepte leur benevolence ainsi le veult The Clerk of the Parliament having read the Queens acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelates Seigneurs Communes en se present Parliment assembles au nom de touts vous autres Subjects remercient treshumblement vostre Majesty prient a Dieu que il vous done en sante bone vie longue Nota That her Majesties Answer to these two Acts of the Subsidy and Pardon do differ from all the rest to any other Bills because in the first is expressed her Majesties thanks to the Subjects and in the second the Subjects humble acknowledgment of her said Majesties Pardon as an act of her own free grace and goodness To every publick Act allowed by the Queen the Clerk of the Parliament reads in these French words following La Royne le veult To every private Act that passeth the said Clerk of the Parliament reads the Queens Answer in these French words following Soit fait come il est desire These two last Answers to the publick and private Acts that pass are to be written by the Clerk of the Parliament at the end of every Act. To such Acts as her Majesty doth forbear
to allow the Clerk of the Parliament reads in French these words following La Royne s'advisera Nota That all the Acts which passed this Parliament were in number forty nine whereof thirty were publick and nineteen private ut vide in the Statute-Book at large printed Anno Domini 1585. Nota also That the express and direct manner of her Majesties giving her Royal assent to such Acts as passed at this Parliament as is before set down is not so entred in the Original Journal-Book of the same but is supplied out of that de Anno 39 Reginae Eliz. where it is at large inserted according to which Precedent the form being always the same the rest of the Journals of her Majesties Regin as well as this present Journal are enlarged and perfected To the further amplifying of which also here doth now in the next place ensue a most pious and gracious Speech of her Majesty's uttered by her upon the conclusion of this Parliament which being not found in the Original Journal-Book of the Upper House is therefore supplied out of a Copy thereof I had by me written by John Stow the Chronicler with his own hand being verbatim as followeth MY Lords and ye of the Lower House my silence must not injure the Owner so much as to suppose a Substitute sufficient to render you the thanks that my heart yieldeth you not so much for the safe keeping of my life for which your care appears so manifest as for the neglecting your private future peril not regarding other way than my present State No Prince herein I confess can be surer tied or faster bound than I am with the link of your good will and can for that but yield a heart and a head to seek for ever all your best yet one matter toucheth me so near as I may not overskip Religion the ground on which all other matters ought to take root and being corrupted may marr all the tree And that there be some fault-finders with the Order of the Clergy which so may make a slander to my self and the Church whose over-Ruler God hath made me whose negligence cannot be excused if any Schisms or Errours heretical were suffered Thus much I must say that some faults and negligences may grow and be as in all other great Charges it happeneth and what vocation without All which if you my Lords of the Clergy do not amend I mean to depose you Look ye therefore well to your Charges This may be amended without heedless or open exclamations I am supposed to have many studies but most Philosophical I must yield this to be true that I suppose few that be no Professors have read more And I need not tell you that I am so simple that I understand not nor so forgetful that I remember not and yet amidst my many Volumes I hope Gods Book hath not been my seldomest Lectures in which we find that which by reason for my part we ought to believe that seeing so great wickedness and greeves in the World in which we live but as way-faring Pilgrims we must suppose that God would never have made us but for a better place and of more comfort than we find here I know no Creature that breatheth whose life standeth hourly in more peril for it than mine own who entred not into my state without sight of manifold dangers of life and Crown as one that had the mightiest and greatest to wrestle with Then it followeth that I regarded it so much as I left my life behind my care and so you see that you wrong me too much if any such there be as doubt my coldness in that behalf for if I were not perswaded that mine were the true way of Gods will God forbid that I should live to prescribe it to you Take you heed lest Ecclesiastes say not too true They that fear the hoary frost the snow shall fall upon them I see many over-bold with God Almighty making too many subtle scannings of his blessed will as Lawyers do with humane Testaments The presumption is so great as I may not suffer it yet mind I not hereby to animate Romanists which what Adversaries they be to mine Estate is sufficiently known nor tolerate new-fangleness I mean to guide them both by Gods holy true Rule In both parts be perils and of the latter I must pronounce them dangerous to a Kingly Rule to have every man according to his own censure to make a doom of the validity and privity of his Princes Government with a common veil and cover of Gods Word whose followers must not be judged but by private mens exposition God defend you from such a Ruler that so evil will guide you Now I conclude that your love and care neither is nor shall be bestowed upon a careless Prince but such as but for your good will passeth as little for this World as who careth least with thanks for your free Subsidy a manifest shew of the abundance of your good wills the which I assure you but to be imployed to your weal I could be better pleased to return than receive This Speech of her Majesty being thus transcribed out of the foresaid Copy written by John Stow the Chronicler as is already mentioned now followeth the Prorogation of the Parliament which is entred in the Original Journal-Book of the Upper House in manner and form following Domina ipsa Regina prorogavit praesens Parliamentum usque in vicesimum diem Maii proximum Upon which said 20 th day of May the Parliament was again prorogued and so continued by five other several Prorogations unto Wednesday the 14 th day of September in Anno 28 Reginae Eliz. Anno Domini 1586. upon which said 14 th day of September it was at last dissolved The manner of which Dissolution and the substance of all the foresaid Prorogations do next ensue Memorandum quòd vicesimo die Maii Anno Regni Reginae Eliz. 27 o convenêre Proceres tam Spirituales quà m Temporales quorum nomina subscribuntur Johannes Archiepisiopus Cantuar. Thomas Bromley Miles Dominus Cancellarius Angliae Henricus Comes Darby Johannes Episiopus London Edwardus Dominus Zouch Qui cùm convenissent Dominus Cancellarius Literas Regias commissarias Anthonio Mason Clerico Parliamenti publicè legendas in manus tradidit The tenor whereof was a Commission unto the Archbishop of Canterbury the Lord Chancellor the Archbishop of York the Lord Treasurer the Earl of Oxford Lord great Chamberlain of England George Earl of Shrewsbury Earl Marshal of England and six other Earls also to the Earl of Warwick Master of the Ordnance four other Earls Charissimóque Consanguineo suo Anthonio Vicecomiti Mountague John Bishop of London John Bishop of Sarum John Bishop of Rechester Charles Lord Howard Lord Chamberlain of her Majesties House and eight other Barons giving to them or any three or more of them 〈◊〉 potestatem facultatem authoritatem hoc instante die Jovis ad praesens Parliamentum
Recoveries in the 12. shires of Wales was read the second time The Bill concerning Insufficient Justices Sheriffs c. in Wales was read the first time and committed to the former Committees in the last former Bill and M r Recorder M r Attorney of the Wards and M r Harris were added unto them and the Bill was delivered to M r Attorney who with the rest was appointed to meet this Afternoon in Lincolns-Inn Hall M r Treasurer and the residue returning from the Lords M r Treasurer declared that according to the appointment of this House they have dealt with the Lords both as touching the Bill for the better observation of the Sabbath day and also for their Lordships answer to the Petitions and shewing unto their Lordships that by Warrant of the Precedents of this House this House might very well make additions unto their Lordships additions in the same Bill wherewith as he thought their Lordships seemed somewhat satisfied so touching their Lordships answer to the said Petitions he said That it so much passed his Capacity to conceive and understand all the effect of it as that he would not undertake upon him to make a report of it but would leave it to such other of the said Committees as could both better remember it and deliver it Whereupon M r Chancellor of the Exchequer affirming M r Treasurer his former speech touching their said proceedings for the said Bill of the Sabbath shewed further that as concerning their said motion for their Lordships answer to the said Petitions Their Lordships Sequestring the Committees of this House into the outer Chamber there came shortly after unto them the Lord Treasurer and the Lord Archbishop of Canterbury The said Lord Treasurer declaring first unto them the answer of the Lords to the said Petitions in general and afterwards the said Lord Archbishop shewing the same in particular having a certain note in his hand for his remembrance but uttering much more in his Speech which he said was so long and consisted of so many parts as he thought for his own part he could not sufficiently signifie unto this House And did therefore make a motion that those of the Committees which were also then present thereat might meet this Afternoon in the Exchequer Chamber and helping each other's memory set down the substance and effect of the said answer in all the parts thereof as near as they can and so then afterwards to signifie the same unto this House to morrow Which was thereupon so agreed and resolved accordingly Vide touching these Petitions on Thursday the 25 th day of this instant February following The Bill concerning the Lord Dacres and the Lord Norris was read the third time and thereupon passed the House On Tuesday the 23. day of February Two Bills of no great moment had each of them one reading of which the last being the Bill for the true Answering of Tythes c. had its first reading Upon a Motion begun by Sir Thomas Lucy and continued by Sir Thomas Moore that those of this House which are of her Majesties Privy-Council may in the name of this whole House be humble Suitors unto her Majesty that for as much as that villanous Traitor Parry was a Member of this House in the time of some of his most horrible and traiterous Conspiracies and attempts against her Majesties most Royal Person whom Almighty God long preserve her Majesty would vouchsafe to give Licence to this House for that many of this House are of the Fellowship of the Association to proceed to the devising and making of some Law for his Execution after his Conviction as may be thought fittest for his so extraordinary and most horrible kind of Treason It was resolved that those of this House being of her Majesties most honourable Privy-Council and now present at this Motion to wit Mr. Treasurer and Mr. Vice-Chamberlain shall exhibite the same humble Suit of this House unto her Majesty accordingly at their convenient opportunity A Proviso was added to the Bill for Plymouth-Haven and was twice read and Ordered with the Bill to be ingrossed M r Cromwell was added to the former Committees for Priviledges and touching serving of Process upon the Members of this House and their Servants M r John North Knight for Cambridgeshire was added to the former Committees for reviving of Statutes and the same Bill with the three Provisoes before read were again committed to the same Committees and to the same M r North together with the Bill touching Cables Halters and Ropes Sir Edward Dymock being Sheriff of the County of Lincoln was Licensed by this House to depart into the Country for the service of her Majesty in the charge of his said Office Nota That Sir Edward Dymock here being Sheriff of Lincolnshire was also a Member of the House of Commons and continued in the service of it without interruption or question a great part of this Parliament and now upon the Licence of this House departed into the Country about some necessary occasions concerning his said Office Vide concerning this matter on Friday the 4 th day of December foregoing A like Precedent also there was in Anno 31 Reginae Eliz. on Friday the 21 th day of February Quod vide The Bill for the Jointure of the Countess of Huntingdon was twice read and passed upon the Question The new Bills last passed were sent up to the Lords by M r Treasurer M r Vice-Chamberlain and others with Commission also to put their Lordships in remembrance touching their search for Precedents with the Clerk of the Upper House alledged by the Committees of this House for Warrant of this House in proceeding with the Bill for the better observation of the Sabbath day by additions of this House to be added unto their Lordships former Additions in the same Bill Vide concerning this matter on Thursday the 25 th day of this instant February ensuing It should seem though it be not expresly set down in the Original journal-Journal-Book that the House did this day fall into consultation and consideration of all the dangers which were imminent over the Kingdom of the means to prevent them and of the great expences her Majesty had been at in the defence of her Dominions and Allies fit to be supplied which is set down at the end of this day in manner and form following The open dangers threatned to this Kingdom are from Spain the Pope and the holy League in France the secret from the Jesuits that secretly lurked here to stir up her Majesties Subjects of the Roman Religion to all manner of Treason and Rebellion Both which dangers though the time of them were a while intermitted in respect of the Execution yet the purpose was not which their late Conspiracies and attempts both here and in Ireland did plainly show The means to prevent these dangers were to suppress the spreading of Jesuits and the growing of Popery to exact such Oaths of the Papists as
granted to her Majesty were brought in by Mr. Chancellor of the Exchequer and read in the House and appointed to be delivered by M r Speaker to her Majesties Learned Councel to draw the Bill for the same Sir Francis Knolles Knight Treasurer of her Majesties Houshold declared this day unto the House their Lordships Answer touching the Petition so often before mentioned in which the House of Commons had desired their Lordships to join with them But what these Petitions were is by the negligence of Fulk Onslow Esquire at this time Clerk of the House of Commons wholly omitted not only here but in all other places of this present Journal where they are often before mentioned as may appear by the enumeration of the several days proceeding that concern them at the end of this Animadversion although they might be in part collected out of those fragmentary Answers which are likewise very imperfectly set down which were reported by the foresaid M r Treasurer to have been delivered to the Committees of the House of Commons by the Archbishop of York and are found in the said Original Journal Book it self But in respect the matters contained in the said Petitions were of great weight and well worthy to be left entire to Posterity that so the zealous care of the Commons at this time may not die in silence I have caused them to be transcribed wholly and exactly in this place of this present Journal out of a very good Copy of them I had by me by the help whereof also the Archbishops Answer to all the several Articles or Petitions aforesaid which were in number sixteen may be the better understood But before the inserting of the said Petitions it shall not be amiss to make reference unto the several days on which they were mentioned Vide therefore on Monday the 14 th day on Tuesday the 16 th day and on Monday the 21 th day of December foregoing As also on Monday the 15 th day Tuesday the 16 th Thursday the 18 th and Monday the 22 th and now lastly on this present Thursday the 25 th day of this instant February And now follow the said Petitions out of the foresaid Copy of them I had by me before which was prefixed this Title following The humble Petitions of the Commons of the Lower House of Parliament to be offered to the consideration of the Right Honourable the Lords Spiritual and Temporal of the Higher House 1. WHere by a Statute made the thirteenth of her Majesties Reign it was Enacted That none should be made a Minister unless he be able to Answer and render to the Ordinary an account of his Faith in Latine according to certain Articles set forth in a Synod holden Anno 1562. and mentioned in the said Statute or have special gift and ability to be a Preacher It may please their honourable Lordships to consider whether it were meet to be Ordained that so many as have been taken into the Ministry since the making of this Statute and be not qualified according to the true meaning and intent of the same be within a competent time Suspended from the Ministry and Execution of any Function thereto appertaining unless they shall be found of that ability which the Statute requireth 2. That where in a Synod holden 1575. It was provided that unlearned Ministers heretofore made by any Bishops should not from thenceforth be admitted to any Cure or special Function it may also like their Lordships to advise whether so many as have been since that time admitted contrary to the form of that Article shall be within a competent time removed And that for better Explanation of that Article such be taken for unlearned as be not qualified according to the Statute before-recited and provision made for the due Execution of that Article so declared for ever hereafter 3. Where also in that great and weighty charge which in the Book containing the form of Ordering of Priests established by the Statutes of this Realm is prescribed to be delivered to all such as shall be received into the Ministry they are admonished that they be the Messengers the Watchmen the Pastors and Stewards of the Lord to teach to premonish to feed and to provide for the Lords Family to seek for Christs Sheep that be dispersed abroad and for his Children which be in the midst of this naughty World to be saved through Christ for ever with other remembrances of other sundry weighty parts of their Duties It may like their Honours to consider of some good Order to be given that none hereafter be admitted to the Ministry but such as shall be sufficiently furnished with gifts to perform so high and so earnest a Charge and that none be superficially allowed as persons qualified according to the Statute of the thirteenth of her Majesties Reign before recited but with deliberate Examination of their knowledge and exercise in the Holy Scriptures answerable to the true meaning of that Statute 4. Further That for so much as it is prescribed in the form of Ordering Ministers That the Bishops with the Priests present shall lay their hands severally upon the head of every one that receiveth Order without mention of any certain number of Priests that shall be present and that in a Statute made 21 th of King H. the Eighth is affirmed that a Bishop must occupy six Chaplains at giving of Orders it may be considered whether it may be meet to provide that no Bishop shall Ordain any Minister of the word and Sacraments but with the assistance of six other Ministers at the least and thereto such only be chosen as be of good report for their Life learned continually resiant upon their Benefices with Cure and which do give testimony of their Cure for the Church of God by their diligence in teaching and preaching in their Charge And that the said Ministers do testifie their presence at the admission of such Ministers by Subscription of their hands to some Act Importing the same And further that this admission be had and done publickly and not in any private House or Chappel 5. And where admission of unnecessary multitudes to the Ministry at one time hath been an occasion that the Church at this day is burthened with so great a number of unable Ministers It may like their Lordships to advise whether some provision might be made that none be admitted to be a Minister of the Word and Sacraments but in a benefice having Cure of Souls then vacant in the Diocess of such a Bishop as is to admit him or to some place certain where such Minister to be made is offered to be entertained a preacher or such Graduate as shall be at the time of their admission into the Ministry placed in some Fellowship or Scholarship within the Uniniversities or at the least that trial be made of this Order for such time as to their Honors wisdoms shall be thought convenient 6. That it be likewise considered whether
for the better assurance that none creep into the charge and Cures being men of corrupt life or not known diligent it might be provided that none be Instituted or by Collation preferred to any benefice with cure of Souls or received to be Curate in any Charge without some competent notice before given to the Parishes where they take charge and some reasonable time allowed wherein it may be lawful to such as can discover any defect in conversation of life in the person who is to be so placed as is aforesaid to come and object the same 7. That for the encouragement of many to enter into the Ministry which are kept back by some conditions of Oaths and Subscriptions whereof they make scruple it may be considered whether this favour may be shewed them that hereafter no Oath or subscription be tendred to any that is to enter into the Ministry or to any benefice with Cure or to any place of preaching but such only as be expresly prescribed by the Statutes of this Realm Saving that it shall be lawful for every Ordinary to try any Ministers presented to any Benefice within his Diocess by his Oath whether he is to enter corruptly or incorruptly into the same 8. Whereas sundry Ministers of this Realm diligent in their calling and of godly conversation and life have of late years been grieved with Indictments in Temporal Courts and molested by some exercising Ecclesiastical Jurisdictions for omitting small portions or some Ceremony prescribed in the Book of Common-Prayer to the great disgrace of their Ministry and imboldening of men either hardly affected in religion or void of all Zeal to the same which also hath ministred no small occasion of discouragement to the forwardness of such as would otherwise enter into the Ministry some good and charitable means may be by their honorable discretions devised that such Ministers as in the publick service of the Church and in the administration of the Sacraments do use the Book of Common-Prayer allowed by the Statutes of this Realm and none other be not from henceforth called in question for omission or change of some Portion or rite as is aforesaid so there doings therein be void of contempt 9. That for as much as it is no small discouragement to many that they see such as be already in the Ministry openly disgraced by Officials and Commissaries who daily call them to their Courts to answer complaints of their doctrin and life or breach of Orders prescribed by the Ecclesiastical Laws and Statutes of this Realm It may please the reverend Fathers or Archbishops to take to their own hearings with such grave assistance as shall be thought meet the causes of Complaint made against any known Preacher within their Diocess and to proceed in the examination and Order thereof with as little discredit to the Person so complained of without great cause and in as charitable sort as may be restraining their said Officials and Commissaries to deal in any Sort in those Causes 10. It may also please the reverend Fathers to extend their charitable favours to such known godly and learned Preachers as have been Suspended or deprived for no publick offence of life but only for refusal to subscribe to such Articles as lately have been tendred in divers parts of this Realm or for such like things that they may be restored to their former Charges or places of Preaching or at least set at liberty to preach where they may be hereafter called 11. Further That it may please the reverend Fathers aforesaid to forbear their examinations ex officio mero of Godly and learned Preachers not detected unto them 〈◊〉 Offence of life or for publick maintaining of apparent error in Doctrin and only to deal with them for such matters as shall be detected in them And that also her Majesties Commissioners for Causes Ecclesiastical be required if it shall so seem good to forbear the like proceedings against such Preachers and not to call any of them out of the Diocess where he dwelleth except for some notable offence for Reformation whereof their aid shall be required by the Ordinary of the said Preachers 12. Item For the better increase of knowledge of such as shall be imployed in the Ministry It may please their Lordships to advise whether it may be permitted to the Ministers of every Archdeaconry within every Diocess to have some common exercise or conference amongst themselves to be limited and prescribed by their Ordinary both touching the moderation and also the time places and manner of the same so as the moderators of these exercises be Preachers resiant upon their benefices having Cure of Souls and known to bear good affection to the furtherance of such profit as may grow by the same exercises 13. Where complaint is made of the abuse of Excommunication which is the highest censure that Christ hath left to his Church and many are grieved as well in regard of the causes and matters wherein it is at this day used as of the persons which have the common execution thereof and no redress can be had herein but by Act of Parliament that some remedy may be thought of in that behalf before the end of this Session and for reformation to be had herein it may please their Lordships to consider whether some Bill might not be conveniently framed to this effect viz. That none having Ecclesiastical Jurisdiction shall in any matter already moved or hereafter mentioned give or pronounce any Sentence of Excommunication and that for the continuance of any Person in Cases depending before them it shall be lawful to pronounce him only contumax and so to denounce him publickly And if upon such Denuntiation as in Excommunications hath been used the Party shall not submit himself nor stand to abide such Order as is to him assigned within forty days then it shall be lawful to signifie his contumacy in such manner and sort and to such Court as heretofore hath been used for persons so long standing Excommunicate and that upon such Certificate a Writ de contumace capiendo shall be awarded of like force to all effects and purposes and with like Execution as the Writ de excommunicato capiendo is 14. Nevertheless for as much as it seemeth not meet that the Church should be left without this censure of Excommunication it may be provided that for enormous crimes as Incest Adultery and such like the same be Executed by the Reverend Fathers the Bishops themselves with the assistance of grave Persons or else by other persons of Calling in the Church with like assistance and with such other Considerations as upon deliberation shall be herein advised of and not by Chancellors Commissaries or Officials as hath been used 15. Where Licences of non-Residence are offensive in the Church and be occasion that a great number of this Realm do want instruction and it seemeth that Cases certain wherein the same may be allowed can hardly be devised such as shall be
of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Durham the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst Assoon as the Clerk of the Parliament had read these Names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber And that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Lords Lieutenants adjourned the Parliament until Monday next following This day were divers Proxies returned of which the Extraordinary ones were these that follow 29 o die Octobris introductae sunt Literae procuratoriae Marmad Episcopi Meneven in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar. Johannem Episcopum London Thomam Episcopum Wintonien Item introductae sunt Literae procuratoriae Willielmi Episcopi Cestren in quibus Procuratorem suum constituit Johannem Episcopum Cantuarien Item introductae sunt Literae procuratoriae Hugonis Episcopi Bangor in quibus Procuratores suos constituit Johannem Episcopum Cantuarien Willielmum Dominum Burleigh Thesaurarium Item introductae sunt Literae procuratoriae Johannis Episcopi Carliolen in quibus Procuratorem suum constituit Edwinum Archiepiscopum Ebor. Nota That these were all the Extraordinary or unsual Proxies that are entred in the Original Journal-Book of the Upper House to have been returned this Parliament For whereas the Spiritual Lords do for the most part constitute two Proctors and the Temporal Lords but one and those likewise of their own Order here the Bishop of S t Davids nominated three the Bishops of Chester and Carlisle but one apiece and the Bishop of Bangor did constitute the Lord Burleigh Lord Treasurer of England his Joynt Proctor with John Bishop of Canterbury which I take to be the only Precedent with two others in Anno 5 Eliz. during all the Parliaments of Queen Elizabeth's Reign where a Spiritual Lord did nominate a Temporal for his Proctor or a Temporal Lord a Spiritual although in the Reign of Queen Mary and other times more ancient it was very usual and ordinary On Monday the 31 th of October her Majesties Person was represented as it had been on the first day of this Parliament by three Commissioners viz. the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby great Steward of England who were stiled the Lords Lieutenants These with divers other Lords both Spiritual and Temporal being fet in their Parliamentary Robes in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon with John Puckering Serjeant at Law who had been Speaker also the last Parliament their now Prolocutor repaired thither and being as many as conveniently could let in the said M r Speaker was led up by two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the said Upper House who being there placed and having according to the usual course desired himself to be excused that so the House of Commons might make choice of some other more able Member amongst themselves it was not allowed but his former wise and discreet behaviour the last Parliament in the Execution of this very place was alledged and much commended Whereupon the said M r Speaker having made humble reverence and in very discreet and good manner submitted himself to the undertaking of the said Prolocutorship did in the end of his Speech make divers petitions of course for freedom of Speech freedom of Access to her Majesty and freedom from Arrests and Suits in the Name of the House of Commons and lastly for pardon for himself if he should unwittingly erre in the report or carriage of any thing Whereunto the Lords Commissioners by the Lord Chancellor answered That the said House of Commons and himself should enjoy and use such Priviledges as others in the times of the Queen her Noble Progenitors had accustomed to use and enjoy Nota That it doth not appear by the Original journal-Journal-Book of the Upper House whether the Speaker were presented in the Forenoon or in the Afternoon Dominus Cancellarius continuavit praesens Parliamentum usque in diem Veneris prox horâ octavâ On Friday the 4 th day of November the Lords Spiritual and Temporal being Assembled the Lord Chancellor continued the Parliament unto the next day at eight of the Clock On Saturday the 5 th day of November the Lord Chancellor declared unto the Lords the foul and indirect dealings practised by the Queen of Scots against her Majesty and the whole Realm notwithstanding so many great benefits and favours which the said Queen of Scots had received of her Majesty the which matter by William Lord Burleigh Lord Treasurer of England as one unto whom the said Queen of Scots whole proceedings were better known by reason of his long Service done unto our most gracious Soveraign Lady since the beginning of her Reign were more fully dilated Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae horâ octavâ On Monday the 7 th day of November while the Lords were debating the matter of the Queen of Scots the House of Commons came up and desired a Conference with some of the Lords of this House what number it should please them to appoint about the great matter of the Queen of Scots already opened unto them Whereupon the Lords chose out to the number of twenty one viz. the Archbishops of Canterbury and York the Lord Treasurer the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland and the Earl of Sussex the Bishop of London the Bishop of Durham the Bishop of Winchester and the Bishop of Worcester the Lord Admiral the Lord Chamberlain the Lord Cobham the Lord Grey the Lord Lumley the Lord Shandois the Lord Buckhurst the Lord de la Ware and the Lord Norris Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 8 th day of November nothing was done but the Parliament was by the Lord Chancellor continued usque in diem crastinum horâ nonâ On Wednesday the 9 th day of November were read divers Letters as well of Anthony Babington to the Queen of Scots as of the said Queen of Scots to the said Anthony Babington Charles Paget and others The Sentence also pronounced by the Commissioners against the Queen of Scots was read A form of a Petition agreed upon by the Committees of both Houses was
added viz. vicesimo nono In the fourth and last place the Printed Books of Statutes are likewise mistaken for Christopher Barker at this time Printer to the Queens Majesty who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin Eliz. but mentioneth that Book of Statutes in this manner Anno 29 o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15 th day of February in the 29 th year of the Raign of our most gracious Soveraign Lady Elizabeth c. Whereas if he had intituled it truly it should have been thus At this present Parliament holden at Westminster the 29 th day of October in the 28 th and 29 th years of the Raign of our most Gracious Soveraign Lady Elizabeth c. M r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29 th day of October Anno 28 Eliz. and Anno Dom. 1587. c. In which said Title there are these two notorious and gross mistakes The first in that he saith this Parliament was holden by Prorogation whereas the former Parliament held in Anno 27 o Regin Eliz. being dissolved upon the 14 th day of September in Anno 28 Regin ejusdem this Parliament begun and held in the said 28 th and 29 th years of her Majesty was newly Summoned and not held by Prorogation His second mistake is more gross than this in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25 th day of March as in all the journal-Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth seeing so many men in that which they were best skilled in and had doubtless so industriously travelled in yet should be so grosly mistaken for it is not worth the proof that this was an Adjournment and not a Prorogation seeing it is positively entred in the Original Journal-Book of the Upper House on Friday the second day of December foregoing And likewise when the two Houses did meet again on Wednesday the 15 th day of February following the foresaid Journal-Book beginneth thus Die Mercurii 15 o die Februarii Domini tam Spirituales quà m Temporales quorum nomina subsequntur praesentes fuerunt Whereas if that meeting had been a new Session the Entrance ought to have been thus viz. Die Mercurii 15 o die Februarii in quem diem hoc praesens Parliamentum Prorogatum fuerat Proceres tam Spirituales auà m Temporales c. Or thus viz. In quem diem c. Sessio Parliament Prorogata fuit teneri inchoari apud Westminster die loco praedict Domini tam Spiritual quà m Temporal quorum nomina Subscribuntur praesentes fuerunt c. To which also may lastly be added that no Bill passing the two Houses in the first meeting of this Parliament nay for ought that can be gathered out of the Original Journal-Book of the Upper House no one Bill having so much as any reading there as hath been before observed and so no Royal Assent putting life into any one Law it could not be a Session but a meer meeting which continued from Saturday the 29 th of October unto Friday the second day of December in Annis 28 29. Regin Eliz. Anno Dom. 1586. This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth On Wednesday the 15 th day of February Anno 29 o Regin Eliz. Anno Dom. 1586. to which day the Parliament had been on Friday the second day of December foregoing last Adjourned The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lords by coming in their Robes or any other Pomp whatsoever because this was neither new Parliament nor new Session but a meer new meeting of either House upon an Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Regin Eliz. as is aforesaid Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shewed forth to be publickly read a Commission directed unto him from her Majesty in which appeared that the Lord Chancellor was so visited at this time with sickness that he was not able to travel to the Upper House to supply his room and place there her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room as by the Tenour of the said Commission here ensuing more fully appeareth ELizabeth by the grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and right Well-beloved Sir Edmund Anderson Knight Chief Justice of our Court of Common-Pleas Greeting Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor of England is at this time so visited with Sickness that he is not able to travel to the Upper-House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper-House among the Lords Spiritual and Temporal there Assembled as to the Office of the said Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these presents do constitute name appoint and Authorize you from day to day and time to time when and as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House to occupy use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence And then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if he were there personally present using and supplying the same room Wherefore we Will and Command you the said Sir Edmund Anderson to supply the doing and Execution of the Premisses with
perfected in some places in matter of form and yet the Titles of the aforesaid three daies are set down in three blank Pages On Monday the 31 th day of October her Majesties Person was again represented by those aforesaid three Lords Commissioners constituted by her Majesties Letters Patents on Saturday the 29 th day of this instant October foregoing These being set in the Upper House with divers other Lords in their Parliamentary Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired thither with John Puckering Serjeant at Law their Speaker who was according to the usual course presented unto the said Lords Commissioners and by them admitted who answered to these his three Petitions of course made in the name of the House of Commons for liberty of Access for freedom of Speech and freedom from Arrests and Suits and lastly for Pardon for himself that the said House of Commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is not any word of all this presentment of the Speaker in the Original journal-Journal-Book of the House of Commons but only the very Title of the day is thus set down in a blank Page thereof Lunae xxxj Octobris 1586. and the whole matter ensuing by the great negligence of M r Fulk Onslow at this time Clerk of the House of Commons is wholly omitted which also happened in the setting down of the three foregoing days of this Journal upon the two first of which the Parliament had been further Prorogued and upon the third received its beginning in all which the Titles only of the days are set down in the upper part of three several blank Pages as is beforesaid with intention doutless at first to have inserted the passages of each day and therefore it is the more strange that it was never perfected and argueth the greater neglect because the said M r Onslow did live many years in the place of Clerk of the House of Commons after the Dissolution of this Parliament by which means if these foregoing day had not been supplied out of the Original Journal-Book of the Upper House this other Journal of the House of Commons had remained very imperfect and unuseful And yet at the end of the aforesaid blank Page or bottom thereof in which the Title of this present Monday the 31 th day of October is inserted there followeth the reading of one Bill which is usually done after the Knights Citizens and Burgesses of the House of Commons do return from the Upper House with their Speaker newly admitted upon their presentment of him which said Bill read at this time upon their return is entred in manner and form following viz. The Bill touching Inrollments the first reading After the reading of this Bill the House did without all question Adjourn it self unto Thursday the third day of November ensuing although there be no mention thereof in this said Journal-Book of the House of Commons which must as all other defects be imputed to the former neglect And yet this Adjournment may be collected not only by a like Adjournment of the Lords unto Friday the 4 th day of November aforesaid and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament but also out of the very Entrance of the said Thursday following which is on the very next Page after the Entrance of the before mentioned Bill which is never used to be done if any other days passages should have intervened between And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn it self contrary to the usual practice both of former and latter times which was no other than the handling of that great and unusual business touching the Scotish Queen and leaving or forbearing to treat of other ordinary matters usual in the House For by this means it happened that the Original Letters and other proofs produced against the said Scotish Queen for the discovery of her being guilty of the Teason plotted by Ballard Babington and others being all first laid open and urged before the Lords in the Upper House and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees It was the only means and cause that the said House of Commons did for want of matter and imployment so often Adjourn it self Whereas usually at other times the passing of Bills with the matter of Subsidy and publick grievances being first debated in the said House and from them derived to the Lords their Lordships are often necessitated in the beginning of each Parliament for want of like imployment to Adjourn themselves On Thursday the third day of November to which day the Parliament had been on Monday the 31 th day of October foregoing last adjourned M r Speaker shewed unto the House that he received Commandment from my Lord Chancellor from her Majesty to signifie unto them that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the chusing and returning of the Knights for the County of Norfolk a thing in truth impertinent for this House to deal withal and only belonging to the Charge and Office of the Lord Chancellor from whence the Writs for the same Elections issued out and are thither returnable again And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges And so thereupon examining the said Returns and the Sheriff touching the matter and circumstances of his proceedings in the said Elections to set down such course for making the true Return as to Justice and Right shall therein appertain Two Bills had each of them one reading of which the first being the Bill for Orford-Haven had its first reading and the second being the Bill touching Inrollments had its second reading One of the House offering to speak to this Bill M r Vice-Chamberlain stood up and shewed unto this House that having matter of most great importance to deliver unto this House from her Majesty he was so bold with their good favours for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill and so then shewed that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament could not hear the same and also that many of the Members of this House now here present were not then come up or returned commanded him to deliver unto
therein leaving them all nevertheless to their own free liberty and dispositions of proceeding otherwise at their choices For as her Majesty would willingly hearken to the device and reasons of any particular Member of this House so Mr. Vice-Chamberlain shewed they may exhibit their conceits in that case either to any of the Privy Council being of this House or else to Mr. Speaker to be further signified over to her Highness accordingly Nota That Mr. Cambden hath delivered and set down in his Annals of Queen Elizabeth pag. 408. two mistakes The first that this Message was sent twelve days after the access which the two Houses had unto her Majesty on Saturday foregoing as is aforesaid whereas it is plain that this Message was sent to both the Houses upon the second day after being this instant Monday as appears by the Original journal-Journal-Book of both the Houses before mentioned His second errour is in respect that he said that the said Message was delivered by Puckering the Speaker of the said House of Commons whereas her Majesty sent it by Sir Christopher Hatton her Vice-Chamberlain and he accordingly did relate the same unto the House as appears in his Speech immediately foregoing All which I have the rather observed and set down thus at large that so the excellent use of these Journals of Parliament may appear not only in respect of the Orders and Priviledges of the said Two Houses but also in respect of the true discovery of the very History of this Realm Mr. Vice-Chamberlain continuing his former Speech at this time did further put the House in remembrance that as at the beginning of this present Parliament the Lord Chancellor Signified unto this House by her Majesties express Commandment that no Laws at all should be made in this Parliament so her Highness purposing not to be present to give her Royal Assent to any Laws this House should not need he said to be troubled with going about to make or enact any Laws now at all and therefore wisheth that this Court may be adjourned till Friday next at which day he said it may be this House will hear her Majesties further pleasure in Answer to the said Petition for that her Highness had not as yet read or perused the same And so thereupon this Court was then adjourned till Friday next accordingly On Friday the 18 th day of November after sundry grave Speeches sound Arguments and forcible Reasons made by Sir Edward Dymock Sir Thomas Scot Mr. Woodward Mr. Edward Sanders Mr. Dalton Mr. Chancellor of the Exchequer and Mr. Vice-Chamberlain concerning the Message delivered by the said Mr. Vice-Chamberlain upon Monday last from her Majesty for Consultation to be had for some other means of course if it might be for the establishing and preservation of the true Religion of her Majesties most Royal Person and the good and peaceable estate of this Realm than by the taking away of the Life of the Queen of Scots And each of them resolutely concluding that no other device way or means whatsoever could or can possibly be found or imagined that such safety can in any wise at all be had so long as the said Queen of Scots doth or shall live they do withal very earnestly move and perswade the prosecution of the said Petition lately delivered jointly by the Lords and this House to her Majesty for the necessity of the speedy executing of the said Queen of Scots as the one and only mean as far as mans reason can reach to provide for the safety of the continuance of true Religion of her Majesties most Royal Person and of the peaceable estate of this Realm from the manifest and imminent danger of utter subversion destruction and desolation And Mr. Vice-Chamberlain gathering partly by some of the said Speeches preceding that some of this House seemed to conceive of the said Message by him delivered to this House from her Majesty on Monday last touching the said Consultation to be had as a peremptory Proposition unto them to exclude them from all other courses of proceeding shewed unto them again as he did before that her Majesty commanded that Message to be propounded unto them for consultation only and not for direction leaving nevertheless every Member of this House to their own free liberty and dispositions of proceeding touching the said matter and so yielding his full opinion and ready consent with the residue for the continuance of the prosecution of the said Petition unto her Majesty in most humble and dutiful sort as the only necessary resolution of this whole House to rely upon in that behalf And shewing further That upon Tuesday last the like Message was done by her Majesties like Commandment to the Lords of the higher House moved That as in all the former proceedings of this House in the great matter and business touching the Scottish Queen the said House had always been Suitors unto their Lordships to join with them therein so now that the same motion might be again made unto their Lordships to join with them in this part also And for that it is very meet and convenient that Answer be made to her Majesty of the said Message this House would as in the beginning of the said former proceedings appoint a convenient Committee of this House to confer of the manner and substance of the said Answer and then after the report thereof made to this House to make suit unto the Lords for Conference with their Lordships touching the resolution of this House Which motion being well liked of by this House It was upon the Question resolved That such a Committee should be had accordingly And further ordered That all the former Committees in the said great Cause and also all those others which had spoken this present day to wit Mr. Woodward and Mr. Edmund Sanders and also Sir George Cary be likewise added unto them and that they meet to morrow at nine of the Clock in the Forenoon in the Exchequer-Chamber and as many else of this House besides as please to come thither to them Which done this Court was then adjourned till Monday next for that the Lords did not sit this present day and this House then had nothing to deal with till the said Committees shall first have had Conference with their Lordships Sir John Higham one of the Committees in the Bill for Orford-Haven doth at the rising of the House make report of the travail of himself and the residue of the Committees therein and so delivereth in both the old Bill and also a new Bill On Monday the 21 th day of November to which day the Parliament had been on Friday the 18 th day of the said Month foregoing last adjourned M r Markham a Burgess for the Borough of Grantham in the County of Lincoln shewed on the behalf of the Inhabitants of the said Borough that M r Arthur Hall having been in some former Parliaments returned a Burgess for the said Borough and in some
of this House Sir Robert Jermin Sir John Higham Sir Thomas Brown Sir William Moore Mr. Francis Hastings Mr. Cromwell Sir John Harrington Mr. Recorder Mr. Beal These Members of the House touching whose Commitment Mr. Cromwell moveth were sent unto the Tower on Thursday the 2 d day of this instant March foregoing for whose liberty Sir John Higham had also moved before on Saturday the 4 th day of the same Month last past The Bill for errors in Records of Attainders was read the second time with the amendments and upon the motion was ordered to be ingrossed On Tuesday the 14 th day of March the Bill for confirmation of the Subsidy granted by the Clergy was thrice read and passed upon the question The Bill against buying of Wares by strangers was upon the second reading committed unto Mr Aldersey M r Saunders M r Harris and others who were appointed to meet upon Tuesday next in Serjeants-Inn Hall in Chancery Lane The Bill for Curriers was read the second time and committed to the Committees aforesaid and to Mr. Recorder Mr. Beale Mr. Salkingston and others and the Bill was delivered to Mr. Salkingston The Bill for fraudulent Conveyances by Traytors was upon the second reading committed unto Mr. Sollicitor Mr. Harris Mr. Wroth Mr. Conisbie and others and the Bill was delivered to Mr. Chancellor of the Exchequer one of the said Committees who with the rest was appointed to meet in the Exchequer Chamber this Afternoon The Bill for payment of Sir Gerrard Croker his debts was brought in again by the Committees being amended after the same was ingrossed and passed upon the Question The Bill for Horse-stealing was read the third time with the amendments and additions and dashed upon the question Mr. Attorney and Mr. Doctor Carew do bring from the Lords two Bills of which the first was for the Sale of Thomas Hanfords lands Three Bill of no great moment had each of them one reading of which the last being an Act for the more speedy and due execution of certain Branches of the Statute of 23. of her Majesty to keep her Majesties Subjects in due obedience was read the first time Two Bills were sent up to the Lords from the House of Commons whereof the first was the Bill for the Subsidy of the Clergy Nota That there is no mention made of the sending up of these two Bills in the Journal-Book of the House of Commons which happened through the negligence of M r William Onslow at this time supplying the place of the Clerk of that House and therefore it is supplyed out of the Original journal-Journal-Book of the Upper House On Wednesday the 15 th day of March two Bills of no great moment had each of them their first reading whereof the first was the Bill of Fines for abridging Proclamations The Bill for payment of Hanfords debts was twice read and committed unto Mr. Morrice Mr. Cromwell Mr. Sollicitor Mr. Comptroller and others and the Bill was delivered to Mr. Comptroller The Bill for delay of Execution in Writs of Errors was thrice read and upon some arguments upon the Bill again committed unto Mr. Vice-Chamberlain Mr. Chancellor Mr. Wolley Mr. Cromwell and others who were appointed to meet this Afternoon in the Exchequer Chamber Nota. That this Bill was committed after the second reading upon Monday the 27 th day of February foregoing and now again as it seemeth upon the third reading which is not usual by reason of some dispute that rose about it Two Bills were sent up to the Lords this day of which the first was touching errors in records of Attainders of High Treason and the second for repealing of a Statute touching Fish made in Anno 13 Reginae Eliz. The sending up of these two Bills is not at all mentioned in the Journal-Book of the House of Commons which happened in this place as in divers others of this second meeting of this present Parliament through the inexperience and negligence of Mr. William Onslow who supplied the place of Mr. Fulk Onslow Clerk of the said House being detained from thence by sickness and therefore it is supplyed out of the Original Journal-Book of the Upper House On Thursday the 16 th day of March the Bill for Recusants was upon the second reading committed unto all the Privy Council of this House Sir Robert Jermin Sir John Higham Sir William Moore and others who were appointed to meet this Afternoon in the Exchequer Chamber The Bill against delay of Execution by Writs of Error being put to the question upon the third reading by the division of the House the same was dashed The Bill for to take away one Proviso made 13 o of the Queen for Deeds Grants c. was dashed upon the question but after what reading it was dashed it doth not appear yet it is probable it was upon the second reading it having been read the first time upon the Wednesday immediately foregoing The Bill for confirmation of Leters Patents from her Majesty under the great Seal of England c. was twice read and committed to be ingrossed The Bill for making of Cloths in Suffolk was upon the second reading committed unto Sir Robert Jermin Sir John Higham Sir William Moore Mr. Cromwell and others and the Bill was delivered to Sir Robert Jermin who with the rest was appointed to meet to Morrow in the Afternoon in the Guildhall M r Edward Penruddock M r Sprynt M r Richard Lewkenor and M r Gyles Estcourt have leave to depart but upon what reasons or grounds the House gave them leave is very negligently omitted On Friday the 17 th day of March the Bill for Fines with Proclamation was upon the second reading committed to be ingrossed The Bill for Avenon was upon the second reading committed to M r Vice-Chamberlain M r Chancellor M r Woolley Sir Robert Jermin and others who were appointed to meet to morrow in the Afternoon in the Exchequer-Chamber A Proviso added to the Bill of Fines was twice read and ordered to be ingrossed The Bill for Errors in Fines brought in by the Committees with the Amendments was twice read and committed to be ingrossed A Saving to Hanford's Bill was twice read and committed to the former Committees The Bill brought in again by the Committees against Recusants with a Proviso and Amendments also twice read The Bill for continuance of Statutes was read the third time and passed not upon the Question A Proviso also added to the same Bill that no person shall put in Sureties upon any Information was twice read and committed unto Mr. Recorder Mr. Glanvile Mr. Harris Mr. Wroth Mr. Philipps Mr. Morley Mr. Fansham Mr. Hare and Mr. Jones who were appointed to meet at the Middle Temple Hall this Afternoon at four of the Clock Nota That it is not expressed in the Original Journal-Book whether this Bill passed upon the third reading or not but it is most probable that the House did defer to give their assent unto
it until the foresaid Proviso should likewise have its third reading and that which further confirms the not passing of it at this time is because upon Monday the 20 th day of this instant March following divers Committees were appointed to go up unto the Lords and to confer with them about this said Bill Sir George Hastings hath pardon of his absence this Parliament Two Bills had each of them one reading of which the last being a Bill against Extortion of Sheriffs was twice read and committed unto M r Philips Mr. Harris Mr. Wroth Mr. Cromwell and others who were appointed to meet in the Afternoon in the Middle-Temple Hall On Saturday the 18 th day of March Four Bills of no great moment had each of them one reading of which the last being the Bill for Recusants with the Proviso was read the third time and passed upon the Question Mr. Speaker declared to the House from her Majesty That she thanked God understanding of their great love unto her in regard of her charges sustained in the Low-Countries and that her Majesty was contented this Afternoon that some convenient number of them should have Audience before her Majesty Whereupon these persons were appointed by the House all the Privy-Council of this House Sir Robert Jermin Sir John Higham Sir Henry Cock Sir Thomas Browne Mr. Fortefoue Master of the Requests Sir John Peter Sir William Moore Mr. Wroth Mr. Tasborough Mr. Markham Mr. Revel and Mr. George Moore Vide concerning this business on Saturday the 11 th day of this instant March foregoing The Proviso that persons Arrested by Informers may appear by Attornies was read the third time and passed upon the question Mr. Wingfield was brought into this House to Answer his misdemeanor against Mr. Walton a Member of this House for that as Walton informed Mr. Wingfield did offer to draw his Weapon upon him and gave evil Language which Mr. Wingfield denied and said for that his Brother ..... was slain by ..... of Walton and Walton being an Accessary to that Murther he said he could not well take it and knew not what might happen Whereupon Mr. Speaker exhorted him to remit all that was past seeing that he had taken the course of Law for his Brothers Death unto which Exhortation Mr. Wingfield yielded and so was discharged The Bill for payment of Fishers Debts was sent from the Lords with a Proviso and Amendments which were thrice read and assented unto by the House upon the Question Two Bills were brought up to the Lords from the House of Commons the first touching Exemplifications and Constats of Original Conveyances made to the Queens Majesty and the second for limitation of time touching Writs of Error upon Fines and Recoveries The sending up of these two Bills is not at all mentioned in the Journal-Book of the House of Commons which happened in this place as in divers others of this second meeting of this present Parliament through the inexperience and negligence of Mr. William Onslow who supplied the place of Mr. Fulk Onslow Clerk of the said House being detained from thence by sickness and therefore it is supplied out of the Original journal-Journal-Book of the Upper House On Monday the 20 th day of March Three Bills of no great moment did each of them pass upon the Question after the third reading of which the first was the Bill to prevent Extortion in Sheriffs and Under-Sheriffs c. for Executions The House appointed divers to go up to the Lords to confer with them about the Bill for continuance of Statutes who were as followeth Mr. Chancellor of the Exchequer Mr. Attorney of the Wards Mr. Morrice Mr. Saunders Sir William Moore Mr. Cromwell Mr. Hare and Mr. Francis Bacon Vide concerning this Bill on Friday the 17 th day of this instant March foregoing The old Committees appointed on Wednesday the 15 th day of this instant March foregoing in the Bill for the payment of Hanfords Debts were to meet this Afternoon in the Middle-Temple Hall and the Bill which came from the Lords and the new Bill drawn by the said Hanford which was once read were both delivered to M r Comptroller being one of the said former Committees Six Bills were sent up to the Lords the first touching the Sale of Edward Fishers Lands the second for the more speedy and due Execution of certain Branches of the Statute made in the twenty third year of the Queens Majesties Reign Intituled an Act to retain the Queens Majesties Subjects in their due obedience the third for continuance of Statutes the fourth to prevent Extortion in Sheriffs Under-Sheriffs c. the fifth for abridging of Proclamations to be made upon Fines levied in the Court of Common Pleas and the sixth to avoid fraudulent Assurances made in certain Cases with a Proviso annexed and Amendments Nota That the sending up of these six Bills is not at all mentioned in the Journal-Book of the House of Commons and therefore it is supplied out of the Original Journal-Book of the Upper House On Tuesday the 21 th day of March the Bill for exemplifying Letters Patents was read the third time and passed upon the question The Bill new brought in for the payment of Hanfords Debts he himself being present assented to it and did subscribe every leaf with his own hand whereupon the Bill was read twice and Ordered to be ingrossed The Bill to avoid fraudulent Conveyances made in certain Cases by Traytors was sent down from the Lords to the House of Commons Two Bills also of no great moment were sent up from the said House to the Lords The sending up of these two Bills to the Lords or the sending down the first Bill to the Commons is very negligently omitted in the Original Journal-Book of the House of Commons and are therefore inserted as the like was done Yesterday and upon divers other dayes out of the Original Journal-Book of the Upper House The Bill for payment of Hanfords Debts was read the third time and passed upon the question The Bill for breeding of Horses in the wast grounds of Devon and Cornwall was read the second time A Proviso offered by Mr. Conisbie to be inserted into the same Bill which being read the Bill and the Proviso were dashed upon the Question whether they should be ingrossed or no. The Bill for the continuance and perfecting of divers Statutes was sent from the Lords to the House of Commons by Serjeant Gawdie and Doctor Carew A new Bill also for the sale of Thomas Hanfords Lands was sent up to the Lords as it should seem by Mr. Treasurer and others The mutual sending of these two Bills from either House to other is very negligently omitted in the Original Journal-Book of the House of Commons and is therefore inserted out of the Original Journal-Book of the Upper House An Order delivered by M r Cromwell Entred by consent of the House WHereas upon complaint made to this House upon Monday the 21 th
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original journal-Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
Proctors a piece and of seven Temporal Lords not any nominated more than one It is also worth the observation that the Lord Burleigh the Lord Treasurer had this Parliament four several Proxies sent unto him entred in the Original Journal-Book of the Upper House in such order as they be here set down viz. from the Lord Dacres the Earl of Warwick Viscount Mountacute and the Lord Lumley On Thursday the 6 th day of February to which day the Parliament had been last continued the Queens Majesty was personally present coming unto the said Parliament in her accustomed State and Order about three of the Clock in the Afternoon it being the time appointed for the House of Commons to present their Speaker or Prolocutor whom they had been authorized to chuse on the last Tuesday when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesles of the House of Commons let into the Upper House two of the most eminent Personages of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law who was chosen the Speaker or Prolocutor of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majesty to discharge him of that great place and to nominate some other more able and sufficient Member of the said House Whereupon the Lord Chancellor by commandment from the Queen did let him know that her Majesty did very well allow of his choice and thereupon encouraged him willingly and chearfully to undertake and execute that charge and place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor the said Speaker according to the usual course and form rendring all humble thankfulness to the Queens Majesty for her undeserved goodness towards him in conceiving him able and worthy for the execution of a place of that great charge and trust and promising his care and readiness with all diligence to undergo the same he did offer up unto her said Majesty divers petitions in the name and on the behalf of the said House of Commons first That during the continuance of this Session themselves and their necessary attendants and servants might be freed from all suits and arrests secondly That they might have free access unto her Majesty upon all urgent and important occasions and thirdly That they might have free liberty of speech in the said House to debate and dispute of such matters and things as shall be there purposed And lastly He petitioned her Majesty in his own behalf that if any thing should be mistaken or unwillingly omitted by himself that she would be graciously pleased to pass by and pardon the same To which speech the Lord Chancellor by commandment from the Queen shortly replied That her Majesty was graciously pleased to grant all his said Petitions and that he the said Speaker and the House of Commons should use and enjoy all such liberties and priviledges as others before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors and withal admonishing them not to extend the said priviledges to any unreverent and misbecoming speech or unnecessary accesses to her Majesty Nota That the presence of the Lords is here omitted as it was before upon the first day of this Parliament through the Clerk of the Upper House his great negligence where also the foresaid Presentment of the Speaker is but shortly set down Then followed the continuance of the Parliament which is thus entred in the Original Journal-Book of the Upper House viz. the Lord Chancellor by the Queens Commandment continuavit praesens Parliamentum usque in diem Sabbathi prox ' hora octava On Saturday the 8 th day of February to which day the Parliament had been last continued were present these Lords Spiritual and Temporal following viz. Archiepiscopus Cantuarien ' Episcopus London ' Episcopus Winton ' Episcopus Sarum Episcopus Roffen ' Episcopus Cestren ' Episcopus Coven ' Litchf Episcopus Gloucestren ' Episcopus Lincoln ' Episcopus Petriburgen ' Episcopus Hereford Episcopus Cicestren ' Episcopus Bangor Nota That though the Bishops names are sometimes placed after the Earls and Viscounts as they are commonly in all places where they are made Committees yet in all the Journals of the Upper House where the presence of the Lords is marked they are always thus placed on the dexter side in respect chiefly of the Archbishop of Canterburies place which is before all others next the Prince Christopherus Hatton Miles Cancellarius Angliae Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton ' Comes Darbiae Magnus Seneschallus Comes Kantii Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Barones Dominus Howard Admirallus Angliae Dominus Hunsdun Camerarius Dominus Audeley Dominus Strange Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Darcie Dominus Sands Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughbie Dominus North. Dominus S t John Dominus Buckhurst Dominus Norris Nota That these names of such Lords as were present are supplied here out of the Original Journal Book of the Upper House on the third day of the Parliament because it is the first on which their presence is noted it having been omitted in the two foregoing days by the great negligence of Mr. Anthony Mason at this time Clerk of the said House Two Bills of no great moment had each of them their first reading of which the last was the Bill for the maintenance of Husbandry and for increase of Tillage Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae prox ' hora nona On Monday the 10 th day of February to which day the Parliament had been last continued were four Bills read whereof the last being a Bill concerning Captains and Souldiers was read secunda vice commissa Domino Thesaurario Marchioni Winton ' the Earl of Oxford the Earl of Shrewsbury Lord Steward the Earl of Kent the Earl of Cumberland the Earl of Sussex the Earl of Essex the Bishop of Winchester the Bishop of Coven ' and Litchf the Bishop of the Lord Admiral the Lord Chamberlain the Lord Audley the Lord Strange the Lord Cobham the Lord Grey the Lord Wentworth the Lord Cromwell the Lord North the Lord Buckhurst and the Lord Norris Serjeant Puckering and Mr. Attorney Nota That here were Attendants of the Upper House and no Members of it are made joint Committees with the Lords which is very usually done in the Parliaments foregoing in the Reign of this Queen where also the Judges being but meer Assistants of the said House are often nominated Committees also Whereas in the two last Parliaments of
her Majesties Reign viz. in Anno 39 Anno 43. and in these latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but only as Assistants to the Committees to give their advice if they shall be required and not otherwise And though the Clerk of the Parliament might at some time mistake and err in setting down such for Committees as were only Commanded to be Attendant upon or Assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable On Friday the 14 th day of February the Bill for the more speedy payment of Fines and Tenths was read prima vice Memorand The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments and by reason of divers defects in the same Bill they had framed a new Bill which new Bill by the consent of all the Lords was received and read prima vice Two Bills had each of them one reading of which the first being a Bill touching Constats of Original Conveyances made to the Queens Majesty was read secunda vice And the second being a Bill to save discontinuance of Writs of Error upon Errors in the Court of Exchequer was read secunda vice commisia Archiepiscopo Cantuar ' Ebor ' Domino Senesechallo three Earls three Bishops six Barons Magistro Rotulorum Servienti Shuttleworth Magistro Attornato Sollicitatori Dominus Cobham Dominus Stafford robis Parliamentariis induti introduxerunt Dominum Talbot eúmque ad locum suum perduxerunt praeeunte Gartiro principali Reg. Armorum qui etiam tunica armorum indutus erat On Saturday the 15 th day of February to which day the Parliament had been last continued three Bills were read whereof two of them the first being a Bill for maintenance of Houses of Husbandry and Tillage and the second being a Bill for Horse-stealing and House-burning were read secunda vice tunc commissae Domino Thesaurario 4 Comitibus 2 Episcopis 8 Baronibus Justiciar ' Gawdie Servienti Puckering Sollicitatori Reginae On Monday the 17 th day of February to which day the Parliament had been last continued four Bills were read of which the first being a Bill for reformation in excess of Apparel was read secunda vice commissa Domino Thesaurario 3 Comitibus 2 Episcopis 6 Baronibus Servienti Shuttleworth Sollicitatori Reginae Quod nota On Tuesday the 18 th day of February to which day the Parliament had been last continued were four Bills read whereof the first being a Bill providing remedy against discontinuance in Writs of Error in the Exchequer and Kings Bench was read tertia vice conclusa and sent to the House of Commons by Serjeant Shuttleworth and Dr. Aubery with three other Bills On Thursday the 20 th day of February to which day the Parliament had been last continued were four Bills read of which the first being a Bill for having Horse-Armour and Weapons was read prima vice On Saturday the 22 th day of February to which day the Parliament had been last continued were three Bills read of which the last being a Bill concerning Captains and Souldiers was read tertia vice conclusa and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. a Bill concerning Informers and two others of no great moment On Monday the 24 th day of February to which day the Parliament had been last continued were four Bills read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be Currant within the County Palatine of Durham was read secunda vice commissa Justiciario Gawdie Quod nota On Tuesday the 25 th day of February to which day the Parliament had been last continued were two Bills read whereof the first being a Bill concerning Informers was read prima secunda vice conclusa and so expedited And the second being a Bill for the abridgment of Proclamations upon Fines to be levied at the Common Law was read secunda vice wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and D r Clark to the lower House to pray a Conference with some of that House which being yielded the Lords Ordered for Committees the Lord Treasurer the Lord Steward the Bishop of Winton the Lord Cobham the Lord Buckhurst and the Lord Chief Justice of the Common Pleas to attend the Lords Nota That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all those former places where the Judges or the Queens Learned Council are named as Committees it is no Error nor mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens Learned Council being but Attendants of and upon that House were ever nominated or appointed as Joint Committees with the Lords because the very Members of either House only are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords do amongst themselves appoint a Committee to consider only of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it antiently hath been used and may still without any prejudice to the honour of that House be continued that the Kings Learned Council but especially the Judges may be nominated as Committees alone or as Joint Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee all matters shall still depend upon the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the Amendment of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and was sent down to the House of Commons to be amended by them by D r Carew and M r Sollicitor It appeareth by the journal-Journal-Book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading in the House and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday the 27 th day of February to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being a Bill for reformation of excess in
Apparel was read secunda vice commissa uni Comiti 4 Baronibus On Saturday the first day of March to which day the Parliament had been last continued on Thursday foregoing two Bills of no great moment had each of them one reading of which the first being a Bill for Writs upon Proclamations and Exigents to be currant within the County Palatine of Durham was read tertia vice conclusa This Forenoon also the Lords Committees returned the Bill for the having of Horses Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in so that the whole House presently proceeded to the Question whether it should be ingrossed or no upon which question asked the Lords with one consent agreed that it should be ingrossed On Monday the 3 d day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which one of them was concerning the Sale of Thomas Hanfords Lands towards the payment of his Debts and another had been this Morning sent up to the Lords from the House of Commons These Bills being sent up to the Lords by Sir Francis Knowles Knight Treasurer of her Majestics Houshold and other Members of the House of Commons they had also Order to desire of their Lordships in the name of the said House that Mr. Sollicitor being returned a Member thereof might be suffered to come thither and give his attendance in the same To which desire of theirs their Lordships a little after sent down word by Mr. Serjeant Puckering and Mr. Attorney General to the said House that the said Mr. Sollicitor was called by her Majesties Writ to serve in the Upper House long before he was chosen a Member of the said House of Commons and therefore thought it very fitting he should still continue his attendance in the said Upper House Nota That there is no mention made in the Original journal-Journal-Book of the Upper House of this Question touching the Attendance of the Queens Sollicitor but it was supplied out of the Original journal-Journal-Book of the House of Commons fol. 242. a. On Tuesday the 4 th day of March Two Bills of no great moment had each of them one reading whereof the latter being a Bill for the sale of Thomas Hanfords Lands c. was read secunda vice Whereupon the Lords Ordered that as well the said Thomas Hanford as those that followed the Bill should be warned to be before them with their learned Councel at the next sitting of the Court which shall be on Thursday next at nine of the Clock Two Bills also of no great moment were this Forenoon sent up to the Lords from the House of Commons of which the first was the Bill for the better recovery of such costs and damages as shall be adjudged to any person against common Informers On Thursday the 6 th day of March to which day the Parliament had been last continued on Tuesday foregoing the amendments of the Bill for the maintenance of Husbandry and Tillage were read prima secunda vice commissae ad ingrossand One Bill concerning the preservation of Orford-Haven was brought up to the Lords from the House of Commons Three Bills also of no great moment had each of them one reading of which the first being a Bill to avoid abuses in chusing of Fellows and Scholars was read prima vice On Saturday the 8 th day of March to which day the Parliament had been last continued on Thursday foregoing Three Bills of no great moment had each of them one reading of which the first being a Bill for the maintenance of Husbandry and Tillage was read tertia vice conclusa M r Serjeant Shuttleworth and M r Doctor Awbery were sent down from their Lordships to the House of Commons with two Bills of which the first was the Bill for maintenance of Houses of Husbandry and Tillage and the second for reformation of excess in Apparel both which said Bills had been passed by their Lordships this Morning upon the third reading Nota That the sending down of these two Bills is wholly omitted in the Original journal-Journal-Book of the Upper House through the great negligence of the Clerk of the said House and is therefore supplied out of the Original journal-Journal-Book of the House of Commons fol. 245. b. On Monday the 10 th day of March to which day the Parliament had been last continued on Saturday foregoing four Bills of no great moment had each of them one reading of which the last being a Bill for an assurance to be made of the Jointure of Anne Wife of Henry Nevill Esquire was read secunda tertia vice communi omnium Procerum assensu conclusa Memorandum That before the third reading and passing of the Bill for the Jointure of the Wife of Henry Nevill by which all former Conveyances made by the said Henry Nevill of the Mannors of Waighfield and Wadhurst c. in the County of Sussex were made frustrate and void The Lords Ordered that the said former Conveyances should by the Parties to the same be brought into this House and delivered to the Clerk of the Parliament sealed up to the end that if it shall please her Majesty to give her Royal Assent That then the said Indentures and Conveyances should be forthwith cancelled but if it shall not please her Majesty to give her Royal Assent Then the said Indenture and Conveyances should be safely re-delivered to the said parties unseen of any and uncancelled And to this all the parties agreed as well before the Lords the Committees as before the whole House Memorandum That according to the said Order the Deeds mentioned were cancelled the 12 th day of May Anno Regni Eliz. 31. The Bill against Pluralities and Non-residence was this day brought up to their Lordships from the House of Commons Nota That the bringing up of this Bill to their Lordships being omitted in the Original journal-Journal-Book of the Upper House is supplied out of that of the House of Commons fol. 246. a. On Tuesday the 11 th day of March The Bill against erecting and maintaining of Cottages was read tertiâ vice Two Bills also of rio great moment were brought up to the Lords from the House of Commons of which the first was a Bill of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty The Bill for the assurance to be made of the Jointure of Ann the wife of Henry Nevill Esq which had been sent up to their Lordships from the House of Commons with another Bill against Informers on Tuesday the 4 th day of this instant March foregoing was this day sent down again to the said House with some amendments by Doctor Aubery and Doctor Cary. Nota That the sending down of this Bill from their Lordships to the House of Commons is by the negligence of M r Anthony Mason at this
time Clerk of the Upper House wholly omitted in the Original Journal-Book of the said House and is therefore supplied here as elsewhere also out of that of the House of Commons On Thursday the 13 th day of March to which day the Parliament had been last continued on Tuesday foregoing the amendments of the Bill for having Horses Armour and Weapons was read prima secunda vice commissa ad ingrossand The Amendments also and a new Proviso annexed unto the Bill against Informers was read secunda tertia vice communi omnium Procerum assensu conclusae and one other Bill of no great moment had its first reading The Bill for the better recovery of Costs and Damages against Informers which had been sent up to their Lordships on Tuesday the 4 th day of this instant March foregoing was sent down again this day to the said House by M r Doctor Ford and M r Doctor Cary. Nota That the sending down of this Bill from the Lords to the House of Commons is wholly omitted in the Original Journal-Book of the Upper House and is therefore supplied out of that of the House of Commons On Friday the 14 th day of March The Bill of Subsidy was once read and the Provision of the Bill for Orford-Haven was read and concluded and sent to the House of Commons by Serjeant Shuttleworth and M r Powle On Saturday the 15 th day of March Six Bills of no great moment had each of them one reading of which one being a Bill for the confirmation of the Subsidies of the Clergy was read prima secunda vice commissa ad ingrossand And another being a Bill against erecting and maintaining of Cottages was read tertia vice conclusa and sent to the House of Commons by Doctor Clark On Monday the 17 th day of March to which day the Parliament had been last continued on Saturday foregoing four Bills of no great moment had each of them one reading of which the first being the Bill of the Subsidy was read tertia vice communi omnium Procerum assensu conclusa There were also sent up to the Lords from the House of Commons this Forenoon six Bills of no great moment of which the first was the Bill for reviving and enlarging of a Statute made in the 23 d year of her Majesties Raign for repairing of Dover Haven and the second was the Bill for the preservation of the Haven of Orford in the County of Suffolk On Tuesday the 18 th day of March Seven Bills of no great moment had each of them one reading of which the first being the Bill against the abuses in election of Scholars and Presentation of Benefices was read tertia vice conclusa And the scond being a Bill that the Children of Aliens shall pay Strangers Customs was read tertia vice and concluded and was sent down to the House of Commons with the former Bill by Doctor Clark and Doctor Cary. There were also this morning brought up to the Lords from the House of Commons four Bills of no great moment of which the first was a Bill for the better execution of the Statute made in the 8 th year of her Majesties Reign touching Cloth workers and Cloths to be shipped over the Seas and the second touching Outlawries The Two other Bills touching forcible Entries and touching pleading at large in an Ejectione firmae which were sent up at this time with the two former are omitted in the Original journal-Journal-Book of the Upper House and are therefore supplied out of that of the House of Commons On Wednesday the 19. day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for avoiding of certain Conveyances and other Estates supposed to be procured by Thomas Drewry of the lands of Thomas Hasilrigge with the Amendments was read secunda tertia vice conclusa On Thursday the 20 th day of March Two Bills of no great moment had each of them one reading of which the first being a Bill concerning Pleadings in Actions of Trespass for Trespasses under the value of forty shillings was read tertia vice conclusae An Act providing remedy against Discontinuances in Writs of Error in the Exchequer and Kings Bench was brought from the House of Commons On Friday the 21 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill concerning the Hospital of Lamborne was read tertia vice conclusa and sent to the House of Commons by Serjeant Puckering There were also sent up to the Lords from the House of Commons this Forenoon three Bills of no great moment of which the first was a Bill for Writs upon Proclamations and Exigents to be currant within the County Palatine of Durham On Saturday the 22 th day of March four Bills of no great moment were brought up to the Lords from the House of Commons of which the first was a Bill for avoiding of certain Conveyances c. procured by Thomas Drewry of the Lands and Leases of Thomas Hasilrigg and the second was the Bill for the better recovery of such costs and damages as shall be adjudged to any person against common Informers The Lords having this Forenoon given three readings to the Amendments of the Bill for the better assurance of Lands and Tenements to the maintenance of the free Grammer School of Tunbridge in the County of Kent did send the same Bill with those new Amendments to be passed also in the House of Commons by Doctor Carew and M r Powle the Bill it self having before passed that House and had been sent up from them to the Lords on Monday the 17 th day of this instant March foregoing On Monday the 14 th day of March to which day the Parliament had been last continued on Saturday foregoing the Amendments of the Bill against abuses in Election of Scholars c. were read and concluded Three Bills of no great moment had each of them one reading of which the last being a Bill for the repeal of certain Statutes was read secunda vice Five Bills were also brought up to the Lords from the House of Commons of which the first was an Act against the erecting and maintaining of Cottages sent up with the Amendments from the House of Commons which said Amendments were thrice read communi omnium Procerum assensu conclusae Memorand quod Christopherus Wray Miles Capitalis Justic. de Banco Regis secum adduxit in Parliamento in Camera Parliamenti intra Dominos breve de errore billam de Regina indorsat ac Rotul in quibus continebantur placit process in quibus supponebatur error ibidem reliquit transcriptum totius recordi cum Clerico Parliamenti simul cum praedicto breve de errore in Parliamento On Tuesday the 25 th day of March Three Bills of no great moment were brought up
those of the House of Commons to make present choice of some one amongst them to be their Speaker Whereupon the Knights Citizens and Burgesses of the said House departing thither did chuse George Snagg Serjeant at Law for their said Prolocutor who having modestly disabled himself was notwithstanding allowed by the House and thereupon placed by two of the most eminent Personages thereof in the Chair Concerning the former Prorogation or this latter days Passages upon the Parliament began there is not any one word in the Original journal-Journal-Book of the House of Commons which as it seemeth happened through the great negligence of M r Fulk Onslow at this time Clerk of the said House For in the first page of the same Journal in the upper part thereof it is thus written viz. Martis 4 to Februarii Anno Reginae Eliz. 31 o 1588. and after it the whole leaf is left a blank with intention doubtless at first that the manner of the beginning of this Parliament on the said day together with the choice of the foresaid Speaker should have been inserted at large It should seem also that according to her Majesties continuance of the Parliament on the foresaid Tuesday the 4 th day of February unto two of the Clock in the Afternoon of the Thursday following being the 6 th day of the same Month the House of Commons sate not this present Wednesday being the 5 th day thereof and the rather because their Speaker was not yet presented which is gathered as the Passages also of the two former days are transcribed out of the Original Journal-Book of the Upper House that so by that means this present Journal might remain perfect On Thursday the 6 th day of February the Knights Citizens and Burgesses of the House of Commons having notice about two of the Clock in the Afternoon that her Majesty and the Lords Spiritual and Temporal were already come unto and had taken their several places in the Upper House expecting their attendance they repaired thither with George Snagg Serjeant at Law their Speaker or Prolocutor Elect and presented him unto her Majesty who notwithstanding his humble disablings and excuses of himself did by the Mouth of the Lord Chancellor signifie her allowance of him and afterwards also did in like manner Answer to his Petitions of course made in the name of the House of Commons for freedom of Access liberty of Speech and freedom from Arrests and Suits and lastly in his own name for Pardon for himself That the said House of Commons and himself should enjoy and use all such Priviledges and Freedoms as had in the like case been enjoyed by any others in the times of her Majesties most Noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is no mention made of the manner of the Presentment of the Speaker before mentioned in the Original Journal-Book of the House of Commons but only in the upper part of the second leaf thereof is written in one line M r Serjeant Snagg M r Speaker presented and immediately under it in another line do follow these words viz. Jovis 6 o die Februarii 1588. and after it the whole page is left a blank except a few lines in the bottom of it which contain the Bill usually read after the Knights Citizens and Burgesses of the said House of Commons return to their own House with their Speaker newly admitted upon their Presentment of him Which said blank page was doubtless left as those others before mentioned to the intent and end at the first to have inserted therein the whole form and manner of the said Presentment and Admission The foresaid Bill finally read at this time upon the return of the Speaker and the rest from the Upper House is Entred in the said Journal-Book in manner and form following viz. And then was read a Bill for reformation of deceitful practices used in reversal of Fines at the Common Law the first reading On Friday the 7 th day of February upon a Motion made unto this House which had likewise been made yesterday touching matters of the priviledge of this House it is Ordered that M r Comptroller Sir William Moor M r Lieutenant of the Tower Sir George Barnes M r Recorder of London M r Robert Wroth M r Thomas Cromwell M r Morrice M r Humfry Conisbie and M r Francis Alford and every of them shall examine such matters of priviledge as shall happen in this present Session of Parliament to come in question and to make reports thereof unto this House for the further order and resolution of this House and every of the same cases as shall appertain The Bill touching Informers and Informations upon penal Statutes was read the first time Upon report this day made by John Butler Esquire one of the Burgesses for the Borough of Malden in the County of Essex that William Vernon Gentleman also returned the other Burgess for the same is sick and not able to give his attendance in the service of this House and likewise willing and desirous that another be chosen to serve in his place It is Ordered that a Warrant from this House be made unto the Clerk of the Crown for sending forth a new Writ for chusing another Burgess in the lieu and stead of the said William Vernon Upon the like Motion also by Hugh Hare Gentleman one of the Burgesses for the Borough of Halesmeer in the County of Surrie made on the behalf of Nicholas Hare Esquire returned one of the Burgesses for the Borough of Horsham in the County of Sussex It is Ordered that a like Warrant be made for the returning of another Burgess for the said Borough of Horsham in the lieu and stead of the said Nicholas Hare This day the House was called and all those that did then sit in the House and were present at the calling of the same did thereupon severally Answer to their names and departed out of the House as they were called Amongst whom one Master Gerrard Esquire being returned into this House one of the Knights for the County of Lancaster and also for the County of Stafford made his choice to appear and stand for the said County of Stafford and thereupon it was Ordered that a Warrant of this House should be directed to the Clerk of the Crown for her Majesties Writ to chuse a new Knight for the said County of Lancaster in the lieu and stead of the said M r Gerrard On Saturday the 8 th day of February the Bill to avoid the abuses grown by forestalling Ingrossing and Regrating was read the first time Upon a motion this day made by Sir Edward Hobby touching the sundry abuses of returning the Knights and Burgesses into this House this present Session of Parliament as in some not returned at all some others returned erroneously and for some places for which none hath been returned heretofore and some returned superfluously
Clock in the Afternoon of this present day and the Bill with a note of the said names was delivered then to Sir Edward Dymock one of the said Committees The Committees names in the Bill for repeal of certain Statutes appointed on Friday the 21 th day of this instant February foregoing were read by the Clerk and the Committees appointed to meet at the Rolls at two of the Clock in the Afternoon of this present day and the Bill with a note of the said Committees names was then delivered to Mr. Cromwell one of the said Committees The Bill touching Mortmain with a note of the names of the Committees in the same was delivered to Humfrey Waring Servant to Mr. Aldersey one of the Committees in the same Bill to be by him delivered to the said Mr. Aldersey but it appeareth not certainly in what place or upon what occasion the said Bill was delivered to the Servant of the above-named Mr. Aldersey for although it be Entred in the Original journal-Journal-Book of the House of Commons amongst such other matters as were debated in the House yet it is most probable it was delivered unto him out of the House either after or upon the very rising thereof On Wednesday the 26 th day of February the Bill concerning Captains and Souldiers was read the first time and argued unto by Mr. Outred Sir Edward Dymock Mr. Cromwell Sir Henry Knyvet Mr. Treasurer Mr. North and Mr. Markham and afterwards Mr. Cromwell Mr. Outred Mr. Serjeant Walmesiey Mr. North Mr. Wroth Sir William Moor Sir Edward Dymock Sir Henry Knyvet Mr. Markham and Sir Ralph Bourchier were appointed to Article to the said Bill and to meet this Afternoon at two of the Clock in the Exchequer Chamber and the Bill was delivered to Mr. Cromwell Upon a Speech used by Mr. Alsord purporting that some that had spoken to the said Bill had uttered some words of rejecting the same Bill and casting it out of the House where in very deed there was no such Speech used at all by any that had spoken to the said Bill nor yet any word tending to such effect It was upon the Question resolved by the Judgment of the whole House that there had been no such Speech used at all by any of them that did speak Mr. Francis Bacon one of the Committees in the Bill concerning Forestallers Regraters and Ingrossers shewed the meeting and travail of the Committees in the said Bill and that they had made a new Bill and shewing the reasons moving them so to do sufficiently and at large offereth in the end the new Bill and prayeth the good and speedy expediting of the same On Thursday the 27 th day of February the Bill for sour Fifteenths and Tenths and two entire subsidies had its second reading M r Serjeant Puckering and M r Sollicitor do bring word from the Lords that their Lordships have this morning received a Message from her Majesty delivered unto them by two of the Lords of her Majesties most Honourable Privy Council which Message their said Lordships of the Upper House do mind to impart unto this House and pray that some convenient number of this House may to that end be appointed to meet with fourteen of their Lordships in the Room next to the Higher House of Parliament either this present Forenoon or else to Morrow in the Forenoon at the choice of this House and so requiring the answer of this House presently they departed and stayed without in the mean time Where the said Message being opened by M r Speaker It was resolved upon the Question that twenty eight or thirty of this House should attend upon their Lordships this present Forenoon accordingly And then the said M r Serjeant Puckering and M r Sollicitor being called in again and receiving the answer of this House by the Mouth of M r Speaker all the Privy Council being of this House and now present viz. four Sir Henry Cobham Sir Henry Gray Sir William Moore Sir Edward Dyer Sir George Bary Sir Edward Hobby Sir Edward Dymock Sir Henry Knyvet Sir Thomas Palmer Sir George Moore M r Serjeant Walmesley M r Francis Hastings M r Alford M r Wroth Sir Richard Knightly Sir Robert Jermin M r Heydon M r Recorder of London M r Beamond M r Cook M r Beale M r Cradock M r Markham M r Lieutenant of the Tower M r Tho. Knivet M r Cromwell M r Richard Brown M r Conisby Sir Philip Butler and Mr. Outred were nominated and sent up to the Higher House to attend the said fourteen Committees of the Lords touching their imparting unto this House the said Message delivered unto them from her Majesty and the paper Bill touching Purveyors was deliver'd to Mr. Cromwell one of the said Committees and the Note of the Committees names to Mr. Vice-Chamberlain M r Recorder one of the Committees in the Bill for Reformation of disorders of common Inns and other Victualling Houses shewed the meeting and travail of the Committees and some Causes which moved them to deal only with that part thereof which concerneth Casks and the Gaging of Vessels for Beer and Ale and so offereth a new Bill for that purpose with request for good expediting thereof Mr. Apsley moved this House touching the great inconveniences grown by the great number of Pluralities and Non-Residents and offereth a Bill for Reformation thereof praying the same might be presently read which was so done by the order of the House accordingly The Council and the Residue returned from the Lords and Mr. Treasurer reported that my Lord Treasurer shewed them that the Message from her Majesty delivered this day unto the Lords of the Upper House was concerning two Bills lately passed this House and sent to the Upper House the one concerning Purveyors and the other touching Process and Pleadings in the Court of Exchequer a thing misliked of her Majesty in both those Cases the one tending to the Officers and Ministers of her own Household and the other to the Officers and Ministers of her own Court of her own Revenues in both of which if any should demean themselves any way unlawfully or untruly her Majesty was of her self he said both able and willing to see due Reformation and so would do to publick example of others upon any of the said Officers or Ministers which at any time should be found to offend in any particularity either in her said Household or in her said Court. Whereupon after sundry Motions Speeches and advices what might best be done for satisfying her Majesty of the doings of this House concerning their dealings in both the said Bills either by way of excuse or confession or otherwise howsoever It was in the end resolved to make choice of some Committee of this House both to consider further of the course and also to search such Precedents as might best serve for that purpose And then were named the said former Committees and Mr. John Hare Mr. Morrice Mr. Clark Mr.
last continued Three Bills of no great moment had each of them one reading of which the first being the Bill for the grant of three entire Subsidies and fix Fifteenths and Tenths granted by the Temporalty was read primâ vice which said Bill had already passed the House of Commons and had been sent up from them to the Lords on Saturday last This Morning also two Bills of no great moment were sent up to the Lords from the House of Commons of which the second was the Bill concerning the restraining of Popish Recusants to certain places of aboad c. On Tuesday the 27 th day of March Three Bills of no great moment had each of them one reading of which the first being for the Assurance of certain Lands and Tenements to Read Stafford and Mabell his Wife was read tertia vice expedit On Wednesday the 28 th day of March Three Bills of no great moment had each of them one reading of which the second being for the grant of three entire Subsidies and Fifteenths c. was read secunda vice Five Bills also were sent up to the Lords from the House of Commons of which the first was for restitution in blood of Sir Thomas Parrot K t and was read primâ vice This day finally was one unusual or extraordinary Proxy returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the Licence of her Majesty in which said Proxy he constituted but one Proctor whereas the Ordinary Custom is for every Spiritual Lord to nominate two Proctors at the least and every Temporal Lord but one This Proxy is thus Entred in the beginning of the Original journal-Journal-Book of the Upper House viz. 28 Martii introductae sunt Literae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 29 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for restitution in blood of Sir Thomas Parrot K t was read secunda tertia vice expedit On Friday the 30 th day of March Five Bills had each of them one reading of which the first was the Bill for the grant of three entire Subsidies c. granted by the Temporalty And the last was the Bill of Subsidy granted by the Clergy Both which Bills at this time upon their several third readings passed the House On Saturday the 31 th day of March Six Bills had each of them one reading of which the last being the Bill prohibiting Strangers born to sell by way of retail Foreign Wares brought into this Realm was read secunda tertia vice and rejected On Monday the second day of April to which day the Parliament had been last continued the Bill for Explanation of a Statute made in the thirty third year of Henry the Eighth touching Grants made to his Majesty and Confirmation of Letters Patents was read secunda vice Six Bills were brought up to the Lords from the House of Commons of which the second was for bringing in of fresh Water into the Town of Stonehouse in the County of Devon On Tuesday the third day of April Five Bills of no great moment had each of them one reading of which the fourth being the Bill for the maintenance of the Navigation of England was read secunda vice On Wednesday the 4 th day of April the Bill for Explanation of the Statute made in the thirty fourth year of Henry the Eighth for confirmation of Letters Patents made by his Highness to others was read primâ secundâ vice On Thursday the 5 th day of April Three Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of Letters Patents to the Mayors Sheriffs Citizens and Commonalty of the City of Lincoln was read tertiâ vice conclusa This Morning also this Order following was agreed on amongst the Lords viz. WHereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament Chamber here at Westminster have with one uniform consent both in their own names and the rest of the Lords now absent Ordered that there shall be a charitable relief and contribution made towards the Aid and help of a number of Souldiers that are seen in the time of this Parliament maimed and sore hurt in the Wars of France and Low Countries and on the Seas for the service of the Queens Majesty and the Realm and for that purpose have allowed that every Archbishop Marquess Earl and Viscount should pay toward their Contribution the sum of forty shilings every Bishop thirty shillings and every Baron twenty shillings for Collection whereof there hath been appointed the Queens Majesties Almoner and the Bishop of Worcester to collect the sums of Bishops and the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them from all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers to be relieved therewith being very many notwithstanding the Knights Citizens and Burgesses of the House of Commons have yielded very good and large Contributions according to their Degrees Yet for the better relief of the said maimed Souldiers It is by the Lords Spiritual and Temporal that have given their Attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is Ordered and Decreed by them with common and free consent that all the Lords of Parliament that have been altogether absent in this Sessions and that shall not have Contributed to this charitable use of relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procuration for their absence or by Letters from the Lord Keeper of the Great Seal required and charged to Cause payments to be made according to their Degrees and Vocations the double of the sums of money paid by the Lords that have been here present and continued their Attendance That is to say that every Earl that hath been absent shall pay four pound the Archbishop of York to pay as much And every Bishop also absent to pay three pound and every Baron forty shillings And for such as have been here present and continued their Attendance at some times though very seldom having been absent for the more part it is thought meet that every such Lord Spiritual and Temporal shall according to their Degrees pay a third part more than the Lords that have been constantly present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the Great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed
Souldiers as shall be found to have most need thereof The like whereof the Commons Assembled in this Parliament have Ordered For all the Members of that House that are absent and have not paid are to contribute in double manner Which Order is thought very just considering the Lords and others who have been absent and have been at no charge to come up and give their Attendance may very reasonably and with a great saving to their Charges contribute to this Order And if any Lord Spiritual or Temporal shall refuse or forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday the 6 th day of April to which day the Parliament had been last continued four Bills of no great moment had each of them one reading of which the second being the Bill for avoiding deceits used in sale of twice laid Cordage for the better preservation of the Navy of this Realm was read tertia vice conclusa Eight Bills were sent up to the Lords from the House of Commons of which the last was the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday the 7 th day of April Two Bills of no great moment had each of them one reading of which the first being the Bill for rating of the Wages of Spinners and Weavers and to reform the falsities of Regrators of Woollen Yarn was read primâ vice On Monday the 9 th day of April to which day the Parliament had been last continued three Bills were each of them read secundà tertiâ vice and so expedited of which the second was the Bill for the bringing of fresh Water to the Town of Stonehouse in the County of Devon Eight Bills also this Morning were sent up to the Lords from the House of Commons of which the first being the Bill for the Naturalizing of Justice Dormer and George Sheppy being born beyond the Seas of English Parents and to put them in the nature of meer English was read primâ secundâ vice But it doth not appear whether this Bill were committed or no which did not only happen in this place by the negligence of M r Anthony Mason at this time Clerk of the Upper House but also through the whole Original Journal Book of the said House this Parliament in all which although divers Bills are said to be read the second time yet it is not at all expressed whether they were thereupon Ordered to be ingrossed or further to be considered of by some select Committees of the House one of which of necessity must be put in Execution upon the said second reading of a Bill both in the Upper House and that of the House of Commons unless the Bill have its third reading also at the same time and pass the House or else be dasht upon the question and so cast out of it This Morning finally Whereas a Bill Intituled An Act touching Power and Liberty to repeal certain uses of a Deed Tripartite herein mentioned of and in certain Lands Mannors and Tenements of Anthony Cooke of Romford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in the which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful Estates or Titles This day there was a Saving drawn for her Majesty and all others which was offered to this House and some question and ambiguity did grow whether the Saving should be now added to the Bill And in the end it was resolved that the Saving should be added to the Bill for that it is usual and requisite to have some Saving in every Bill and for that there was nothing in the Saving contrary to any matter in the Bill and that her Majesties Right and all other be saved thereby Nevertheless upon weighty considerations the Lords have Ordered that this shall not hereafter be drawn to make any Precedent On Tuesday the 10 th day of April in the Morning were two Bills read of which the second being the Bill for the Queens most gracious and general free Pardon was read primâ vice and so passed upon the question Nota That the Bill or Act for the Queens general Pardon passeth each House upon the first reading Whereas other Bills cannot be expedited without being read three times both by the Lords and the Commons The Queens Majesty came not till the Afternoon and therefore in this place through the negligence of the Clerk the continuing of the Parliament until some hour in the Afternoon is omitted which should have been inserted in these words viz. Dominus Custos magni Sigilli continnavit praesens Parliamentum usque in horam c. à Meridie Between five and six of the Clock in the Afternoon this present Tuesday being the tenth day of April the Queens Majesty accompanied with her Officers and daily Attendants came to the Upper House and as soon as her Majesty with the Lords Spiritual and Temporal and the rest that have place there were set the Knights Citizens and Burgesses of the House of Commons having notice thereof came up with their Speaker bringing with them the Bill of Subsidy The said Speaker being placed at the Bar at the lower end of the Upper House and as many of the House of Commons as could conveniently being let in after Humble Reverence done to her Majesty spake as followeth THE High Court of Parliament most High and Mighty Prince is the greatest and most ancient Court within this your Realm For before the Conquest in the High places of the West-Saxons we read of a Parliament holden and since the Conquest they have been holden by all your Noble Predecessors Kings of England In the time of the West-Saxons a Parliament was holden by the Noble King Ina by these words I Ina King of the West-Saxons have caused all my Fatherhood Aldermen and wisest Commons with the Godly men of my Kingdom to consult of weighty matters c. Which words do plainly shew all the parts of this High Court still observed to this day For by King Ina is your Majesties most Royal Person represented The Fatherhood in Ancient time were these which we call Bishops and still we call them Reverend Fathers an Ancient and chief part of our State By Aldermen were meant your Noblemen For so honourable was the word Alderman in Ancient time that the Nobility only were called Aldermen By Wisest Commons is meant and signified Knights and Burgesses and so is your Majesties Writ de discretioribus magis sufficientibus By Godliest men is meant your Convocation-House It consisteth of such as are devoted to Religion And as Godliest men do consult of weightest matters so is your Highness Writ at this day pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri
intermedling with the Succession of the Crown which she had expresly forbidden Which Passage as also divers other particular Speeches being not found in the Original Journal-Book of the House of Commons are supplied out of another Journal of the same House very exactly and elaborately taken by an Anonymus being a Member of the same at this Parliament but yet with this Caution to avoid confusion that whatsoever is inserted out of the saidAnonymous Journal hath a particular Animadversion annexed unto it for discovery thereof The eighth Parliament of our Soveraign Lady Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith begun at Westminster upon Monday being the 19 th day of February in the thirty fifth year of her Majesties Reign And thereupon many of the Knights Citizens Burgesses and Barons returned into the same Parliament then made their Appearances at Westminster before the Right Honourable the Earl of Darby Lord Steward of her Majesties most Honourable Houshold and did take the Oath before the said Lord Steward or his Deputies according to the Statute in that behalf lately made and provided The manner of the administring of the said Oath to the said Knights Citizens and Burgesses was as followeth The said Lord Steward removed into the Court of Requests and having called over the said Knights and others that were returned by their names M r Vice-Chamberlain and others of her Majesties Privy-Council took the said Oath before his Honour and then having appointed them his Deputies to swear the residue of the House of Commons who had then appeared according to their several returns he departed And thereupon his Lordships said Deputies proceeded to the further administrating of the aforesaid Oath to other Members of the said House who after they had taken the same entred into it and placed themselves The Fee for entring the name into the Serjeants Book is two shillings The reward to the Door-Keeper three shillings eight pence The Fee for returning the Indenture two shillings About two of the Clock in the Afternoon this present Monday her Highness with divers of the Lords Spiritual and Temporal and such others as had place there being let into the Upper House and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could being at length let in The Right Honourable Sir John Puckering Knight Lord Keeper of the Great Seal of England declared the said Parliament to be called by her Highness only for Consultation and Preparation of Aid to be had and made against the mighty and great Forces of the King of Spain bent and intended against this Realm as well by some practices attempted by him in the Realm of France and with some of the Nobility of Scotland as by many other ways and means to that end and purpose And did in the end advise the said Commons to employ the time of this present Session of Parliament in the aforesaid Consultation and not to go about the making of any new Laws for the Common-Wealth at this time as well for that there are very many good Laws already in force more he said than are well executed as for that also such new Laws if they be needful may be treated of and dealt in at some other time hereafter And so willed them to repair to their accustomed place and make Choice of their Speaker Which done the said Parliament was Adjourned until Thursday next following After which the said Knights Citizens and Burgesses of the House of Commons being Assembled in the same House the Right Honourable Sir Francis Knowles Knight one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold stood up and putting the House in remembrance of the said Charge of the said Lord Keeper given unto them for chusing of their Speaker and very gravely and amply setting out sundry the good parts and commendable qualities and abilities of the Right Worshipful M r Edward Cooke Esquire Learned in the Laws of this Realm Sollicitor General to her Majesty and being a Member of this House returned into the same one of the Knights for the County of Norfolk doth in the end for his part and opinion nominate the said M r Edward Cooke to be chosen for their Speaker in this present Parliament if the residue of this House shall so think good Unto which Motion as many of the said House assented with their Voices so the said M r Edward Cooke thereupon stood up and very gravely and discreetly behaving himself as well in all due thankfulness unto this House for their said good opinion conceived of him as also in disabling himself in divers respects for the discharge due and requisite for that place humbly prayeth them to proceed to a new Election Which done the Right Honourable Sir Thomas Heneage Knight Vice-Chamberlain to her Majesty and one other of her Highness's most Honourable Privy-Council stood up and not only approving but also very much amplifying the said former sundry commendable gifts and abilities of the said M r Edward Cooke exceeding many others and comparable in his opinion and judgment with any others for that place and charge gathering also the same partly from his own late former Speech of excuses doth in the end resolutely deliver his opinion to make choice of the said M r Cooke to be their Speaker And also thereupon moving the question to the House the said M r Cooke was with one full consent and voice of the whole House nominated and chosen to be their Speaker for this present Parliament And so was thereupon presently brought by the said M r Treasurer and M r Vice-Chamberlain and set in the Chair And immediately after the House did rise and were appointed to repair thither again upon Thursday next following On Thursday the 22 th day of February to which day the Parliament that begun on Monday foregoing being the 19 th day of the same Month had been continued by Sir John Puckering Knight Lord Keeper of the Great Seal by her Majesties Commandment the Queens Majesty and divers of the Lords Spiritual and Temporal being set in the Upper House the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon they repaired thither with Edward Cooke Esquire her Majesties Sollicitor their lately Elected Speaker who being led up to the Rail or Bar at the lower end of the said House by two of the most-eminent Personages of the aforesaid House of Commons after humble reverence made declared unto her Majesty his Election to the said place of Prolocutor and then alledging according to the usual course his own insufficiency did desire her Majesty to enable him to that Charge and to consider that howsoever he were the meanest that ever went before him in that place in respect of Experience yet in respect of his faithfulness he thought himself inferlour to none After which Speech her Majesty by the Mouth of the Lord
Keeper having allowed and approved his Election the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters did in the end of his said Speech make certain Petitions of course in the name of the House of Commons First For liberty of Speech Secondly For freedom from Arrests And thirdly For Access unto her Majesty And lastly For Pardon for himself if he should in any thing unwittingly be mistaken To which Speech the Lord Keeper having received new Instructions from her Majesty made a reply in particular to the several branches of the said Speakers Speech And to his three demands he Answered that liberty of Speech was granted in respect of the I and No but not that every one should speak what he listed And touching freedom from Arrests and Access to her Majesty he advised that they might be cautiously made use of Nota That none of these Particulars touching the Presentment of the Speaker are set down in the Original Journal-Book of the House of Commons but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament mentioned at the beginning of this present Journal yet it appeareth plainly by the very Original journal-Journal-Book it self Fol. 262. l. that the Prosocutor was this day presented to her Majesty where the words are as followeth viz. Jovis xxii do Febr. 92. This Day M r Speaker was presented unto her Majesty Which said words being only here a little otherwise placed for Order sake than there have a large Blank left at the end of them of somewhat above half a page with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission After the Return also of the Speaker now compleatly invested in that place with the rest of the House of Commons one Bill was read according to the usual form in that Case accustomed which is set down in the said Journal-Book in these words following viz. The Bill that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time M r Speaker immediately after the reading of this Bill and his opening of the contents of the same to this House shewed unto them from her Majesty that her Highness had Adjourned mistaken for continued the Higher House till Saturday next And also that her Majesties pleasure likewise was that this House should therefore be Adjourned till the same time which being so done accordingly this House did then rise and every man went away On Saturday the 24 th day of February the House being set and a great number of the Members of the same assembled M r Speaker not then as yet being come to the House some of the House said one to another they heard he was sick And one affirmed it to be so indeed shewing that he had been with him this Morning himself and left him sick in his Bed and his Physician and his Wife with him and some others supposing that he would shortly signify unto this House the Cause of that his absence moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers Which being so done accordingly the Serjeant of this House presently after the said Prayers finished brought word from M r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council and a Member of this House and then present in the same House that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body that he could not as yet without his further great peril and danger adventure into the Air at this time which otherwise most willingly he would have done And willed that the Clerk of this House might signify unto the House the said estate of his Case and in his name to desire their good favourable considerations of the same not doubting their gentle and courteous acceptance of that his so reasonable excuse as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth And to shew them he trusteth in God he shall be able to attend them in this House upon the next day of sitting which will be Monday next The Effect of which Message being then signified unto this House by the said Clerk of the House all the said Members of this House being very sorry for M r Speaker his sickness rested well satisfied And so the House did rise and every man departed away Nota That this is all which is found in the Original Journal-Book of the House of Commons touching this days business and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal touching the residue of this days passages This day M r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown whereof a Bill was readily drawn by them Her Majesty was highly displeased therewith after she knew therof as a matter contrary to her former strait Commandment and charged the Council to call the parties before them Sir Thomas Heneage presently sent for them and after Speeches had with them commanded them to forbear the Parliament and not to go out from their several Lodgings The day after being Sunday and the 25 th of Febr. though the House sate not yet they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage The Lords intreated them favourably and with good Speeches But so highly was her Majesty offended that they must needs commit them and so they told them Whereupon M r Peter Wentworth was sent Prisoner unto the Tower Sir Henry Bromley and one M r Richard Stevens to whom Sir Henry Bromley had imparted the matter were sent to the Fleet as also M r Welch the other Knight for Worcestershire Vide Mar. 10. About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave wise and ancient Parliament men which were of the House but at this time few met at the place appointed at least not such as were expected It was appointed also at this time to M r Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it But this Office by reason of other occasions he could not attend What other things were done or spoken in that Conference were as I heard confessed to some of the Privy-Council by some of those Parties that were present at that Conference All that were there
Original Journal-Book of the House of Commons in which it is generally related that the rest of this Forenoon was spent in the agitation of this and such like business yet because neither any particular relation of the Speeches in this business of M r Fitzherbert or of those other aforesaid Passages handled in the said Committee touching Elections is there set down although all the said matter be of very great weight and consequence I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted and which is before very happily supplied out of the Original journal-Journal-Book it self yet the rest or at least the greater part of his Relations before mentioned is set down and is here inserted out of the same with divers other Speeches used and uttered chiefly touching that Question All which some alterations only excepted for order and explanation sake are herein inserted out of the said Anonymous Journal in manner and form following viz. Serjeant Yelverton spake further also after he had finished the Relation of the Committees proceeding touching M r Fitzherberts Election concerning the priviledges of the House In which he declared the Case of the Burgess of Miscread in Cornwall after whose Election the Town refused to deliver up their Indenture to the Sheriff But the party Elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriffs the Sheriff having Indorsed it upon the Writ But this Indenture was never executed by the Sheriff and yet the Return was holden by the Committees as it should seem to be good Mr. Heile who had been another also of the Committees spake next and shewed the state of this and some other questions handled in that said Committee which were as followeth viz. John c. is returned in the Indenture by the name of Richard and whether this may not be amended by the House Mr. Audeley is returned Burgess for two Towns he having elected for which he will be a New Writ is to be directed to the other Town to chuse another Two Burgesses are returned for one Town One of the Burgesses being mistaken is willing to resign unto the other Whether by the assent of the Sheriff and party this is to be done The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman and the Indenture returned by the Sheriff is Richard Hutton Bailiff if this be good Thomas Fitzherbert of Staffordshire being Outlawed upon a Capias utlagatum after Judgment is Elected Burgess of this Parliament Two hours after his Election before the Indenture returned The Sheriff arrested him upon this Capias utlagatum The party is in Execution Now he sendeth this Supplication to this House to have a Writ from the same to be enlarged to have the Priviledge in this Case to be grantable He argued thus That he was not Electable because in the calling and in the electing of parties called there must be chosen Viri idonci But a man Outlawed is not idoneus therefore not Electable Considering this disability holds in all other Causes of Law therefore in this that is the greatest He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit There 't is said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament Then Sir Edward Hobby spake as followeth The party Outlawed is not out of his wits therefore capable and then is a man able to be chosen and idoneus to be a Burgess Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal as in this Cause Is this disability greater that a man Outlawed may not be a Burgess as well as an Attorney to a man or an Executor I think it will stand with the priviledge of this House to deliver him though he were Outlawed Mr. Lewes said that a man Outlawed cannot have priviledge being an Execution upon a Capias Quia frustra Legis auxilium implorat qui in Legem peccat Cardinal Pool would not come into the Parliament House till the Attainder against him was reversed Ignotus quidam Multa sunt quae fieri non debent quae tamen facta tenentur bona It had been a good exception against his Election to say he was Outlawed but 't is no disability to him being Elected Serjeant Yelverton said he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment The Book of 2 Edw. 4. 8. cited to be expresly so And that a Judge reported unto him that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute could not have priviledge of the House Whereupon Mr. Finch said he could not tell which to hold or which side to take The Book of 20 Hen. 7. doth prove that there were Elected such as were Attainted and that disability was taken against them The Writ to chuse a Burgess is not Legalem hominem but Idoneum Therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawry was only for Causes Criminal as for Treason or Felony but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law On the other side Utlagatus ne Villein cannot be a Champion which is as a Judge to decide then à fortiori he can be no Judge in this House Outlawry is as an Attainder therefore the party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parium sitorum The Outlawed man is not of the number of Parium so not to be a Judge Vide 8 Edw. 3. Utlagatus ne poiet estre Mr. Broughton held that a man Outlawed may be a Burgess For in no case is Outlawry disability where a man is en auter droit as to be Executor or Attorney it is no Exception to the party The Case in 38 Hen. 8 Dyer 62. was cited Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House And though the party be in Execution if not at the Queens suit he is to have the priviledge and yet the party not to lose his debt nor the Sheriff to be charged Vide postea April 5 th Thursday Nota That these Speeches are all transcribed out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal After which by occasion of a Message sent down from the Lords it should seem this business brake off abruptly at this time And therefore see more concerning it on Friday the 2 d day and on
day last immediately foregoing Mr. Tanfeild speaking next held that a person Outlawed might be a Burgess of the House Wherein he made a difference where exception to the Burgess grew upon matter before the Election and where after If the exception grew after then a Burgess Elected must not be one of the House If exception be taken to this Election and this Outlawry alledged to disable him the Statute of 23 Hen. 6. cap. 15. will disable most of this House for they ought not to be Burgesses now if this be not a good Election Thence it follows that the party Elected is to have his priviledge And though the Common Law doth disable the party yet the priviledge of the House being urged that prevaileth over the Law Then said Mr. Speaker I desire that I may be heard a word not that I have any Voice or assent to give though I am of the House but because I am a Servant to the House and have somewhat to speak It appertaineth to my duty and place which I desire to have leave to utter for my Speech shall not tend to meddle to decide the Question but only to inform the House of my knowledge and to do that duty which I think belongeth to my self The Questions delivered by the Committees were these two First Whether Mr. Fitzherbert were any Member of the House And secondly If he were whether to have the priviledge It hath been my manner ever since my first practice to observe strange learning especially such as appertaineth to the Law as in this of the priviledge of this House therefore I will inform what I have learned First this Writ of priviledge must go from the Body of this House made by me and I to send it into the Chancery and the Lord Keeper is to direct it Now before we make such a Writ let us know whether by Law we may make it or whether it will be good for the Cause or no. For my own part my hand shall not sign it unless my heart may assent unto it And though we make such a Writ if it be not warrantable by Law and the proceeding of this House the Lord Keeper will and must refuse it No man shall stand more for the priviledge of this House than I will and what is the priviledge of this House is meet should be observed To the matter first there hath been inforc't her Majesties Commandment I obey any Commandment of her Majesties knowing them to be Great and Reverend as far as any body But I do not take it that we have received any such Commandment for her Majesties Commandment by the Lord Steward was to every man that stood Outlawed We have no such Command Now whether a Man Outlawed may be a Burgess I hold it no question but that a Man Outlawed Attainted or Excommunicated or not lawfully Elected if he be returned out of all doubt is a lawful Burgess This is proved by Book Authority and express Statutes as that of 11 H. 4. Cap. 1. a. a Knight untryed returned shall lose his Wages therefore allowed by the Statute to be a Knight though untruly returned and the penalty is only to lose his Wages Another Authority is in 8 H. 8. Cap. 10. And if we go to examine persons Elected to Parliament we shall then dissolve all Parliaments and call in question all former Laws made by reason there were not lawful and able Law-Makers If it appeareth once unto us by Record that such a Man is Burgess we must believe the Record and make no question of it For if such matters shall be examinable by us then must we try it by witness from the place where the fact was and so shall those a great way hence be driven by witness to prove whether we be lawful Burgesses or no which will be very inconvenient But matters of Record such as appear unto us to be recorded these are to be examined by us for the Record is to be seen So that for priviledge I would grant it if it were Sedente Parliamento eundo redeundo or manendo to every Member of this House But the Cause with Mr. Fitzherbert being that after his Election and before his Return he is Arrested and in Execution by a Capias after Judgment whether this Man be to be priviledged or no. I will but speak what I think and what I have learned and I have good precedents for In this Cause he is not to have priviledge For the question is whether the Sheriff be to take notice of this Nomination or not before he is returned unto him Elected And I think not for it appeareth not unto the Sheriff before he is returned whether he be Elected or not So this Nomination is not a thing whereof he is tyed to take notice In Ferris and Tenures Case in 38 H. 8. fol. 60. You may see this Case Thomas Thorp 31 H. 6. was chosen Speaker of the Parliament and after his Election and before the Parliament upon a Suit betwixt the Duke of York and him Thorp was taken in Arrest and put in Execution Hereupon he put up his Petition to the House of Parliament to have the priviledge Upon the resolution of both Houses it was yielded he could not have the priviledge of the House This was also in H. 6. time and in 2 Ed. 4. fol. 8. I think the opinion there of Danby is referred to this Cause And because Mr. Fitzherbert stood Outlawed upon Judgment a matter that is recorded it were meet the whole cause were brought before us that we might the better judge upon it And I think this course best standing with the gravity of this House before that we made out any Writ to grant a Habeas Corpus cum causa returnable in Chancery and the Sheriff to appear the whole matter being transmitted out of the Chancery hither we to judge upon the whole Record as it shall appear And upon this Writ granted the Sheriff bringing up the party it shall be no escape in the Sheriff nor the party shall not lose his Action of Debt though he be delivered This Course was well liked and the Motion agreed unto by the greater part of the House Vide Mar. 1. antea Mar. 17. post Apr. 5. Thus far out of the before-mentioned Anonymous Journal touching the aforesaid Question how far an Outlawed Man might be a Member of the House The which and the further proceeding therein being by the Speaker interposing himself for this time reconciled and upon the matter agreed upon there followed the agitation of the great business touching the danger of the Realm and supply to be given to her Majesty which had been before treated of by two select Committees of either House as may fully appear by the Report of that which was done at the said Committee made this day unto the House by Sir Robert Cecill who had been one of them Which being very exactly set down in the Original journal-Journal-Book it self of
the same would be much prejudicial to the Ancient Liberties and Priviledges of this House and to the Authority of the same M r Beale likewise shewing himself to be of the same mind with M r Wroth and insisting upon the preservation and maintenance of the former usual and ancient Liberties and Priviledges of this House in treating of Subsidies Contributions and other like benevolences amongst themselves without any Conference therein at all had or used with the Lords of the Higher House doth give an instance of a former precedent in the like Case and offered to shew forth the same precedent to this House which being omitted in the Original journal-Journal-Book it self is here inserted out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal and was as followeth In Anno nono H. 4. the two Houses being divided about the Subsidy and the Higher House desiring a greater Subsidy than was granted by the Lower House hereupon twelve that were sent as Committees to the Lords came down and informed what was desired by the Upper House namely a greater Subsidy and to that end Conference to be had with them of the House of Commons The Commons thought themselves grieved therewith and so returned their Answer that they would consider what was meet to be done in so general a matter but thought the Conference a Derogation to the priviledge of the House Hereupon the King Answered that he could not neither was it fit to violate the priviledge of his Commons but in all things thought it just to prefer them Which said precedent being thus inserted out of the Anonymous Journal the rest that followeth is continued out of the Original journal-Journal-Book it self taken in the House and committed to writing by M r Fulk Ouslow at this time Clerk of the House of Commons For it should seem the Speaker and the greater part of the House very well approving and being satisfied fully with the aforesaid precedent cited by M r Beale yet those of her Majesties Privy Council and the Courtiers also at this time of the House were still earnest for admitting of a Conference with the Lords And thereupon Sir Robert Cecill spake again and did put the House in remembrance of the great and urgent necessity for the speedy prevention and avoiding of the great and eminent perils and dangers of this Realm and State to be effected both by Consultation and also by provision of Treasure and thinketh good that Conference of this House were had with the Lords as a matter very behoofful Especially for that their Lordships some of them being of her Majesties Privy-Council do know both the purposes and strength of the Enemies on the one side and also her Majesties present store of Treasure more or less on the other side much better than those of this House do Resolveth for his own Opinion still to give his consent that Conference be had therein with the Lords by the Committees of this House according to their Lordships said former Motion and request for the same Sir William Brunker stood up and reciting the said great present necessity of consultation and provision and that it cannot be otherwise but that the proportion of convenient supply of Treasure answerable to the greatness of the dangers which are imminent must needs require a greater Mass of Treasure to be had than hath been as yet treated of in any resolution by this House And then the Question being urged and by the Order of the House propounded whether Conference should be had with the Lords upon the Motion of the Committees of the Lords to the Committees of this House in this Case or no it was upon the doubtfulness of the Voices twice given upon the Question thereof twice propounded resolved upon the division of the House That no such Conference should be had with the said Committees of the Lords by the said Committees of this House for the number of them which were for the said Conference and said I went out of the said House and were found to be in number but a hundred twenty eight whereas those that were against the said Conference and said No sate still in the House being in number two hundred and seventeen So that the matter was over-ruled by eighty nine Voices with which the Order and Judgment of the whole House went thereupon accordingly M r Serjeant Fleetwood and M r Doctor Ford do bring from the Lords a Bill Intituled an Act for the better assurance and confirmation of the Jointure of the Lady Margaret Countess of Cumberland After the delivery of this Bill thus sent from the Lords the House proceeded in the further agitation of the foregoing great business which by the bringing down of the last mentioned Bill from their Lordships had been a while interrupted For it having been already over-ruled by the House that there should be no Conference admitted with the Lords touching the matter of the Subsidy which their Lordships had desired it was therefore Ordered upon a Motion made in the House that some Answer might presently be sent from thence to their Lordships to satisfie them touching their said Motion for Conference for that in respect the said Conference had been already denied and had been voted to be prejudicial to the Liberties of the House by the Judgment of the same that a convenient number of this House should be appointed presently in the name of this whole House to give unto their Lordships most humble and dutiful thanks with all due reverence for their said Lordships good favourable and courteous offer of Conference with this House in the said Cause and to signify unto their Lordships that this House cannot in those Cases of Benevolence or Contribution join in Conference with their Lordships without prejudice to the Liberties and Priviledges of this House and of the infringing of the same and therefore do in most humble wise request and desire their good Lordships to hold the Members of this House excused in their not assenting unto their Lordships said Motion for Conference for that so to have assented without a Bill had been contrary to the Liberties and Priviledges of this House and contrary also to the former precedents of the same House in like Case had Which done all the former Committees of this House were presently appointed to declare the said Answer of this House unto their Lordships and M r Chancellor of the Exchequer appointed to declare the same And for this purpose were nominated and chosen All the Privy-Council now in this House being four Sir Henry Unton M r Wroth M r Beale Sir William Brunker Sir Walter Raleigh Sir Charles Cavendish Sir Edward Hobby Sir Thomas Cecill Sir George Carey Sir Robert Sidney Sir Thomas West M r Anthony Cooke M r Tasborough Sir William Moore M r George Moore M r Serjeant Yelverton Sir Francis Drake Sir Francis Hastings Sir William Knowles Sir Fulk Griffin M r William Haward Sir Charles Blunt Sir
treble Subsidies and like proportionable Fifteenths and 〈◊〉 and some by other sorts of benevolences resolved upon the question that the former Committees of this House for consultation to be had for necessary supply of Treasures to be had for the repelling of the said dangers should meet in this House in the Afternoon of this present day to confer and consult generally touching the said great dangers as also touching the remedies that the same being digested may be reported over unto this House into such form as to the same shall be thought good to the end that afterwards it may in the Afternoon be imparted unto the Lords accordingly Nota That there is no more of this days Passages found in the Original journal-Journal-Book of the House of Commons although there followed divers Speeches upon the foregoing Motion of Sir Thomas Heneage her Majesties Vice-Chamberlain concerning the great business of supply to be given to her Majesty all which are therefore inserted out of that foresaid Anonymous Journal taken by some Member of the said House during this Parliament which are there set down with very little alteration added to them in manner and form following Sir Thomas Cerill speaking next after Sir Thomas Heneage had ended his former Speech said that three Subsidies might be set down to be paid in four years and to be charged upon men of ten pound and upwards to spare them that were under Sir Henry Knivet affirmed the poverty of our Country against the reasons used The principal reason of our poverty he said was because we brought in more Foreign Wares than we vented Commodities and so by this means our money was carried out of our Country Alledging it to be like a Pond fed with a Spring but having a breach through which more passeth than cometh in so c. He made these two Motions First that the Queen should be helped by a survey taken of all mens Lands and Goods in England and so much to be yearly levyed as to serve the Queen to maintain Wars the proportion being set a hundred thousand pound yearly And secondly if this were misliked every man upon his word and power to deliver what were the profits of his Lands and worth of his goods and so a proportion to be had accordingly Sir Francis Hastings said The preparations of the Enemies Forces are both ready and great and intus they conspire therefore a great Aid must be yielded And I could wish three Subsidies to be levyed in this matter in the first of them those to be charged of five pound Lands and five Marks Goods in the second those of twelve pound Lands and eight pound Goods and in the third all to be charged as these have been Sir Walter Raleigh Answered them that spake of the Poverty of the Land which they argued by the multitude of Beggars he gave these reasons That the broken Companies in Normandy and the Low Countries who returned maimed hither never went back again to the Towns from whence they came For a multitude of Clothiers take their Looms into their own hands spinning their Wooll themselves and except we would work unto them better cheap than they can make themselves they will set none on work This grossing of so many Trades into their own hands beggereth so many as usually lived by the Trade He thought it inconvenient to have so many mens livings surveyed For many are now esteemed richer than they are and if their Land and Wealth were surveyed they would be found Beggars and so their credit which is now their Wealth would be found nothing worth He reported of his own knowledge that the West Country since the Parliament begun had taken from them the worth of four hundred and forty thousand pound They of Newcastle lie still for fear because Burdeaux Fleet was taken this year by the Enemy For the Enemy approaching us and being our Neighbour as he is gotten to be our Trades will decay every day and so our poverty encreaseth every day more and more And this is most certain the longer we defer Aid the less able shall we be to yield Aid And in the end the greater Aid will be required of us And so sparing them now we shall charge them when they shall be less able to bear it For this is most true one hundred thousand pound would have done the last year that which three will not now do and three will do this year that which six will not do hereafter So in conclusion he agreed to three Subsidies in them the three pound men to be spared and the summ which came from them to be levied upon those of ten pound and upwards and the payment to be speedy Sir Henry Umpton agreed that there should be three Subsidies granted according to the old payment only that a care should be had of assessing it on them that were best able And his conclusion was that it might be soon agreed upon for so it would be more acceptable because Tardè velle nolle instar est Sir Edward Stafford thought Subsidies were not so fit a remedy for the dangers we were in but advised rather there being ten thousand Parishes in England that it should be imposed on every Parish to find so many men for the Wars and the richer Parishes to help the poorer And the allowance for every man yearly to be twelve pound After this he moved to have the Parliament Prorogued Sir Francis Drake described the King of Spains strength and cruelty where he came and wished a frank Aid to be yielded to withstand him and he agreed to three Subsidies Serjeant Harris moved for three Subsidies but the ancient custom of payment to be retained besides no three pound men to be excused for then every man will labour by his Friend to be set three pound And that it was not needful to find men for the Field For by the Tenures of which there are three in England this is provided for The first Chivalry that is to do service in the Field the second Socage that is to find us victum vestitum by the Plough the last Frankal moign who are to pray for us to God Now every one by whom fealty is to be done by his Tenure he is to be forty dayes in the Field with his Lord. Sir Robert Cevill said I am glad to see the willingness of the House and readiness to yield Aid and having a feeling of the necessity requiring it my desire is that the Sentence which had had so many Parentheses might now be brought to a Period and the Bears Whelp that hath so many times been licked over might now be made somewhat For that is always the most Honourable Conclusion which having received many Contradictions is in the end concluded So he desired this matter of Subsidying might be committed to some special Committees in the Afternoon Sir John Fortescue thought it liberal to grant three Subsidies but did assure of his proper knowledge that three
and thereupon the Oath being taken by him before M r Chancellor of the Exchequer the said Richard Hutton came into this House and took his place in the same accordingly Sir John Hart one of the Knights returned for the City of London putting the House in remembrance once of a Report lately made by some of the Committees of this House touching a Speech lately delivered by some of the Committees of the Lords touching the late Assessment of the late double Subsidy amongst others in the City of London alledging that in London there was none Assessed at above two hundred pounds and not past four such nor yet past eight at one hundred pounds shewed that the Honorable person that delivered the said Speech to the said Committees of this House had not been rightly informed in that matter And shewed further that in very deed at the last Assessment of the Subsidy within the said City of London there were two and thirty persons taxed at two hundred pounds and upwards whereof some at two hundred and twenty and some at two hundred and fifty pounds And one hundred forty and eight persons at one hundred pounds and upward whereof some at one hundred and ten some at one hundred and twenty some at one hundred and forty some at one hundred and fifty some at one hundred and sixty and some at one hundred and eighty pounds And eighty persons at three hundred pounds and some at three hundred and fifty pounds and four persons at four hundred pounds Besides sive hundred forty and four persons at fifty pounds and upwards whereof some at sixty some at seventy some at eighty and some at ninety pounds The Bill concerning the lawful deprivation of Edward Bonner late Bishop of London was upon the second reading committed unto M r Hubbert M r Heale Sir Henry Knivet M r Wroth and others who were appointed to meet in this House upon Monday next at two of the Clock in the Afternoon On Saturday the 10 th day of March M r Wroth one of the Committees in the Bill against the stealing of Oxen Sheep and Lambs shewed that he and the residue of the Committees in the same Bill have met together and added some amendments to the same Bill and offereth both the Bill and amendments to the House Which amendments being inserted into the Bill by the Clerk of this House and the same amendments then also twice read the Bill upon the question was ordered to be Ingrossed The Bill for relief of Jurors upon Tryals between party and party was upon the second reading committed unto M r Tasborough M r Recorder of London M r Wroth and others and the Bill was delivered to M r Tasborough who with the rest was appointed to meet this day at two of the Clock in the Afternoon in the Middle-Temple Hall Three Bills of no great moment had each of them one reading of which the last being the Bill for Confirmation of Letters Patents unto the Mayor Sheriff Citizens and Commonalty of the City of Lincoln was upon the second reading committed unto Sir Francis Hastings M r Recorder of London and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Exchequer-Chamber Mr. Chancellour of the Exchequer reporteth the travel of himself and the residue of the Committees for setting down of Articles for the Subsidy and shewed that they have drawn the said Articles and offereth the same to the House to be read Which being then read by the Clerk of the House and in some part thereof reformed by the assent of the whole House to wit in that Article which concerned the priviledge of the Cinque-Ports and that Article also which concerned such persons as in regard of having several habitations should be Assessed in the said Subsidies in several places upon the doubtfulness of the voices to the question twice propounded Whether the strangers resident in the Cinque-Ports shall be charged with the payment of the said Subsidies or not it was upon the division of the House adjudged that they shall not be charged with the said payments by the difference of thirty persons viz. with the Yea a hundred and eighteen and with the No a hundred forty eight in all two hundred sixty six And afterwards it was Ordered that the said Articles should be delivered to the former Committees for the Preamble to prepare the same And also the said Rates according to the said Articles to be set down in the Bill Nota That after this business touching the Cinque-Ports there followeth a Motion made by M r Wroth touching some Members of the House who had been Imprisoned in the beginning of this Parliament of which see on Sunday the 25 th day of February foregoing which remaineth very legible in the Original Journal-Book of the House of Commons although it be crossed out The reason of which said crossing out is very hard to conjecture in regard that the said Motion was doubtless made this Morning as doth plainly appear also by the often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal out of which it is supplied in manner and form following M r Wroth made a Motion that in respect that some Countries might complain of the Tax of these many Subsidies their Knights and Burgesses never consenting unto them nor being present at the grant And because an Instrument taking away some of its strings cannot give its pleasant sound Therefore desired that we might be humble and earnest Suitors to her Majesty that she would be pleased to set at liberty those Members of the House that were restrained To this was Answered by all the Privy Councellors that her Majesty had Committed them for Causes best known to her self and for us to press her Majesty with this Suit we should but hinder them whose good we seek And it is not to be doubted but her Majesty of her gracious disposition will shortly of her self yield to them that which we would ask for them and it will like her better to have it left unto her self than sought by us Thus far out of the said Anonymous Journal and the residue of this days Passages do follow out of the Original journal-Journal-Book it self Three Bills of no great moment had each of them one reading of which the last being against Counterfeiting of Councellors or Principal Officers hands was upon the second reading committed unto Sir John Wolley Sir Walter Raleigh M r George Moore and others who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Middle-Temple Hall Sir Walter Harecourt K t one of the Knights for the County of Suffolk in regard of the present extremity of his Wifes Sickness is licensed by M r Speaker to depart home into his Country James Goodwyn Gent ' one of the Burgesses returned for the City of Wells in the County of Somerset is for his necessary businesses licensed by
No M r Speaker said the Order of the House is that the I being for the Bill must go out and the No against the Bill doth always sit The reason is that the Inventor that will have a new Law is to go out and bring it in and they that are for the Law in possession must keep the House for they sit to continue it Thus far out of the aforesaid Anonymous Journal The further Passages of this day and part of the next do follow out of the Original Journal-Book it self M r Attorney General and M r Doctor Stanhop do bring from the Lords a Bill Intituled An Act for Explanation and Confirmation of her Majesties Title to the Lands and Tenements late of Sir Francis Englefield Knight Attainted of High Treason On Wednesday the 21 th day of March Three Bills of no great moment had each of them one reading of which the last being the Bill for the maintenance of the Haven in the Town of Colchester and for the paving of the same Town had its first reading The Amendments in the Bill touching the breadth of Plunkets Azures and Blues being twice read the Bill was upon the question Ordered to be ingrossed The Amendments in the Bill for the more speedy and due Execution of Process against Recusants being twice read the Bill was upon the Question Ordered to be ingrossed The Councel on both sides were this day heard at large in this House in the Bill against Aliens selling by way of retail any Foreign Commodities and afterwards sequestred Which done the Amendments intended by the Committees in the said Bill were read unto the House and after the reading Ordered upon the question to be inserted into the same Bill accordingly After which there followed divers long Speeches and Arguments on both sides both with the Bill and against the Bill which said Speeches being omitted in the Original journal-Journal-Book of the House of Commons are in respect of the great weight of this matter touching Aliens now controverted supplied out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal in manner and form following viz. M r Francis Moore of the Middle-Temple being as it should seem at the Bar of Councel with the City of London and in their behalf to speak for the making of a new Law by the Order of the House spake first and did at large set forth the inconveniencies that grew to our Nation and Tradesmen by suffering I Tradesmen to retail First because that Strangers Wares are better than ours which causeth that our Retaylors have no sale of their Wares They sell cheaper though their Wares be as good as ours And this is by reason they have Factors beyond the Seas that are their Friends and Kinsfolks and so they save that Charge A thing to be noted And wheresoever they are our own native Retaylors are Beggars They receive Gentlemen and Yeomens Sons to be their Apprentices themselves being Retaylors and this is no Trade afterwards for them to live on So many Beggars be made consuming their time under them Their retailing Beggering our Retaylors makes a diminution of the Queens Subsidies Their riches and multitude makes our Estate poorer and weaker for they stick upon our wealth and carry it into Foreign Countries In the Statute Richard 3. Cap. 9. there appeareth the like Complaint that now is which being then made unto the King was then remedied as appeareth by the Statute And for the Objections made First that it were against Charity that Strangers sleeing hither for Religion and relief should be restrained from the means of getting their livings Secondly that their retailing 〈◊〉 seneth the prices of our Wares and encreaseth the number of Buyers and Thirdly that it were violating of their priviledge if we have them by their diminution The priviledge of S t Martins hath always been allowed and now not to be denied To Answer to these in Order First Charity must be mixt with Policy for to give of Charity to our own Beggering were but Prodigality and such Charity we use for we allow them all Trades that they have been brought up in but retailing is a thing that they were never brought up unto in their own Countries so no reason to allow it them here To the second they buy of us and sell as brought from beyond Seas and upon this opinion sell our own Wares dearer than we can do Their priviledge of Denization is not to be allowed above the priviledge of Birth and our Natives are not allowed to Retail and Merchandize as they do And it may appear by a former Statute that notwithstanding their Denization they have been bound under the Statute 34 H. 8. And though the Stranger Merchants pay double Subsidies yet Strangers Retaylors do not but are taxed by the place and that under value because their goods and wealth is secret but barr retailing and they will all of them be Merchants and so the Subsidy shall be doubled S t Martins was first allowed for a Sanctuary and for that Cause had his priviledge and not to be so ill a Neighbour to the City as to rob it as it doth and by former Statutes St. Martins hath been barred as by the Statute 21 H. 8. appeareth only the Statute of 1. H. 8. exempted it M r Proud of Lincolns-Inn being as it should seem at the Bar of Councel with the Strangers and in their behalf to speak made particular Answer to M r Moore for Strangers in resisting his Answers to the five Objections Then he offered if the Liberties of the Natives born might be granted to Strangers they would seek no more for they desired but to trade in all parts of the Realm M r Hill of Lincolns-Inn of Councel also with the Strangers spake next and said Make it Law that they shall not retail and the Merchants hereafter will require a Law that they may not use Merchandise and so the Shoo-maker Taylor and others that they may not use their Trades and in denying them one you take away all Upon this instant M r Speaker delivered a Bill which desired they might be barred of such Trades as to be Shoo-makers and such like But this Bill was thought to be put in by the Strangers themselves of Policy This I thought And besides these Retaylors themselves be not Aliens but far Foreigners such as have forsaken their own Countries and Liberties to live here in ours and home they dare not resort Further of the things they retail we have no Company or Trade here in England and therefore it were unreasonable to bar them of their said Retailing It should seem that these three last before-named were all of the Councel of either part that spoke at the Bar and that the Speeches following were all of them uttered by several Members of the House Sir John Wolley spake next as it should seem after the Councel of either part had been heard at the Bar and said This Bill
7 th day Friday the 9 th day and Saturday the 10 th day Tuesday the 13 th day Friday the 16 th day and Monday the 19 th day of this instant March foregoing This day the House was called and those Members of this House which were then present and did appear did pay into the hands of M r Robert Wroth and M r Warren Esquires their Charitable Contributions to the Relief of the poor in such proportion as had been agreed upon on Monday the 19 th day of this instant March foregoing viz. every Privy Councellor of the House 30. shillings every Knight in degree and every one returned a Knight of a Shire though not of that degree and every Serjeant at Law or Doctor of Law because I suppose they are in some respects accounted equal to Knights twenty shillings and every Borough of the Cinque Ports and every Burgess of the House five shillings There was also gven by every Member of the House twelve pence a piece to the Serjeant of the said House for his Attendance and for the Charges of a Clock set up by him for the use of the House There is also one passage of this day more set down in the aforesaid Anonymous Journal more particularly mentioned in the beginning of this present Journal which is omitted in the Original Journal-Book it self being as follweth A poor Burgess of the House refused to pay his said Contribution of five shillings would only pay two shillings six pence whereupon the Speaker would have Committed him for disobeying the Order of the said House but most of the Members of the same were against it and so he escaped Thus far out of the aforesaid Anonymous Journal The passages of the next day following are in part inserted out of the Original journal-Journal-Book it self On Friday the 23 th day of March Two Bills of no great moment had each of them one reading of which the last being the Bill concerning Woollen Cloaths and Kerseyes made in the County of Devon out of Cities Towns Corporate and Market Towns was upon the second reading committed unto Sir William Moore all the Knights and Burgesses of Norfolk York Surrey Kent Somerset Devon and Cornwall M r Serjeant Harris and others And the Bill was delivered to Sir William Moore who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in this House M r Attorney of the Dutchy one of the Committees in the Bill for M r Anthony Cook shewed that he and the residue of the Committees in that Bill appointed on Friday 16 th day of this instant March foregoing have met and had Conference together and that for sundry respects then opened by him to the House they thought good to frame a new Bill And so offered the same new Bill praying it might be read M r Tasborough one of the Committees in the Bill for relief of Jurors appearing upon Tryals bringeth in the old Bill with some Amendments and prayeth that the same Amendments may be allowed of by the House hereupon they were twice read and Ordered to be ingrossed but the Bill remained without any further course or question at that time M r Serjeant Harris one of the Committees in the Bill for M r Ognall which had been appointed on Friday the 16 th day of this instant March foregoing offereth a Report of the travel of some of the Committees but it was upon a Counter-Motion made by ..... And so it leaves imperfectly but it should seem upon the said Counter-Motion made by some other Member of the House the said Report offered to be made by Serjeant Harris was for this time put by The Bill for Explanation and Confirmation of her Majesties Title to the Lands late Sir Francis Englefield's Knight Attainted of High Treason was upon the second reading committed unto all the Privy-Council M r Attorney of the Dutchy M r Nathanael Bacon and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Finch one of the Committees in the Bill for the Lord Burgavenny which had been appointed on Thursday the 20 th day of this instant March foregoing shewed that he and the residue of the Committees have met and considered of the parts of the said Bill and find some defects in the same chiefly in matter of form and offered such Amendments unto the House as they thought fit and prayed the same to be read which being read by the Clerk it was Ordered by the House that those Amendments should be added to the said Bill in a Schedule After which Report made by M r Finch it should seem that there followed further dispute this day touching that weighty business of Aliens retailing of Foreign Wares which being wholly omitted in the Original Journal-Book it self is therefore inserted out of the aforesaid Anonymous Journal more particularly mentioned in the beginning of this present Journal in manner and form following viz. M r Palmer Burgess for London delivered the Bill for retailing and signfied that the Committees could not agree upon it so desired that it would be considered by the House what is fit in their opinions to be done But the said M r Palmer was none of the said Committees The Speaker was thereupon ready to put it unto the Question whether the Bill should be ingrossed but the House would not have it so suddenly put to the Question M r Palmer proceeded and said That the Strangers of late are grown to so great a number that they being but forty open Retaylors have undone since the last Parliament sixty at least of our English Retaylors for so many are now Beggars that were forty pound Subsidy in the Queens Book Their retailing hath inhanced the price of all Wares such as they retail for when they retailed not but our English used the sale of fine Lawnes Hollands and Cambricks they were better cheap by fifteen pound in an hundred The Retailors here are but Factors to such as are Merchants beyond the Seas so they are both Merchants and Factors a thing which if we should use beyond the Seas the Law would be fiery to us or fire should be our Law if we withstood And those places where we trade with our Cloth should we retail it also we should so inhaunce the price that they would not be very glad of our Traffick But this mischief is suffered amongst us by the Dutch It is to be proved that there were twenty Retaylors in London that passed ten or twelve thousand pound a piece in a year and this twenty thousand pound a year at the least the Strangers carry out of the Realm for of our Commodities they esteem nothing Where it was said the other day our Merchants did carry our Coin out of the Realm there is a restraint now that none shall do it And it is to be shewed that the Merchants do Weekly bring in twelve or fifteen hundred pound and sometimes
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
only commit a great error in omitting to read some one Bill or other according to the usual Custom but was also much mistaken in informing the House that it had been Adjourned and so now stood Adjourned by those words which the Lord Keeper had spoken in the Upper House for his Lordship at this time as appears plainly by the Original journal-Journal-Book of that House did only continue the Parliament and not Adjourn it which words although spoken by the Queens Commandment being personally present do only concern the said Upper House and reach not at all unto the House of Commons as was directly declared by the Lord Keeper himself in the next Parliament ensuing in An. 43 Regin Eliz. after that M r John Crooke M r Recorder of London their Speaker upon his allowance in and return from the said Upper House on Friday the 30 th day of October in An. eodem had by a like mistake misinformed the House that it was Adjourned and so caused it to rise without the reading of any Bill And therefore here once for all I have caused the true differences as I conceive in this kind to be here inserted viz. If the Lord Keeper by the Queens Commandment being personally present had either prolonged or Adjourned the Parliament or that her Majesty with her own Mouth had pronounced the said words or had caused the same to have been done by a Commission under the Great Seal in her absence in all these Cases it had reached alike both unto the Upper House and unto the House of Commons But if the Queens Majesty had with her own Mouth continued the Parliament as she did here command the Lord Keeper to do it yet this had only concerned the Upper House so that the Lords could not have met again until the day to which the said Parliament had been continued but the said House of Commons whom the said continuance concerned not might have met each day without intermission and have agitated such businesses and have given reading to such Bills as offered themselves And lastly If the Lord Keeper or Lord Chancellor for the time being do at any time Adjourn or continue the Parliament to a further day as of course he doth one of them for longer or shorter time every day the Upper House riseth and that he doth it not by Command or Commission from the Soveraign for the time being but do it of course as is aforesaid this concerns only the Upper House and the House of Commons are neither bound to take notice of it nor to surcease any of their daily Proceedings upon it On Saturday the 5 th day of November the House met about eight of the Clock in the Morning having through a meer mistake and error of the Speaker and themselves conceived their House to have been Adjourned by the Lord Keeper the first day of the Parliament unto this present Saturday as is more largely declared in fine diei praecedentis Nota also that some part of the Passages of this present Saturday following are transcribed out of the before-recited fragmentary and imperfect Journal M r Speaker this Morning according to the usual course brought in a Prayer to be used in the House during this Parliament which was as followeth OEternal God Lord of Heaven and Earth the great and mighty Councellor We thy poor Servants Assembled before thee in this Honourable Senate humbly acknowledge our great and manifold sins and imperfections and thereby our unworthiness to receive any grace and assistance from thee Yet most merciful Father since by thy providence we are called from all parts of the Land to this famous Council of Parliament to advise of those things which concern thy Glory the good of thy Church the prosperity of our Prince and the Weal of her people we most intirely beseech thee that pardoning all our sins in the Blood of thy Son Jesus Christ it would please thee by the brightness of thy Spirit to expel darkness and vanity from our minds and partiality from our Speeches and grant unto us such wisdom and integrity of heart as becometh the Servants of Jesus Christ the Subjects of a gracious Prince and Members of this Honourable House Let not us O Lord who are met together for the publick good of the whole Land be more careless and remiss than we use to be in our own private Causes Give Grace we beseech thee that every one of us may labour to shew a good Conscience to thy Majesty a good Zeal to thy word and a loyal heart to our Prince and a Christian Love to our Country and Common-Wealth O Lord so unite and conjoin the hearts of her Excellent Majesty and this whole Assembly as they may be a threefold Cord not easily broken giving strength to such godly I aws as be already Enacted that they may be the better Executed and Enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected Subjects That so thy great blessing may be continued towards us and thy grievous Judgments turned from us And that only for Christ Jesus sake our most glorious and only Mediator and Advocate to whom with thy blessed Majesty and the Holy Ghost be given all Honour and Praise Power and Dominion from this time forth for evermore Amen M r Francis Bacon spake first after that one Bill mentioned in the Original Journal-Book of the House of Commons had been read the first time viz. the Bill against Forestallers Regrators and Ingrossers and made a Motion against Inclosures and Depopulation of Towns and Houses of Husbandry and Tillage And to this purpose he brought in as he termed it two Bills not drawn with a polished pen but with a polished heart free from affection and affectation And because former Laws are Medicines of our understanding he said that he had perused the Preambles of former Statutes and by them did see the inconveniencies of this matter being then scarce out of the shell to be now full ripened And he said that the over-flowing of the people here makes a shrinking and abate elsewhere And that these two mischiefs though they be exceeding great yet they seem the less because Qui mala cum multis patimur leviora videntur And though it may be thought ill and very prejudicial to Lords that have inclosed great grounds and pulled down even whole Towns and converted them to Sheep-Pastures yet considering the increase of people and the benefit of the Common-Wealth I doubt not but every man will deem the revival of former Moth-eaten Laws in this point a praise-worthy thing For in matters of Policy ill is not to be thought ill which bringeth forth good For Inclosure of grounds brings depopulation which brings first Idleness secondly decay of Tillage thirdly subversion of Houses and decay of Charity and charges to the Poor fourthly impoverishing the state of the Realm A Law for the taking away of such inconveniences is not to
this House Which being done and the said M r Attorney and M r Doctor Stanhop gone out of the House It was resolved that a convenient number of this House should presently attend their Lordships in the said Conference And the same being afterwards so signified unto the said M r Attorney and M r Doctor Stanhop who were called again into this House to receive that answer all the Privy Council being Members of this House Sir William Moore M r Fulk Grevil and others being Members of this House were presently thereupon sent up unto their Lordships accordingly The Bill for the reviving continuing and Explanation of an Act for the necessary relief of Mariners and Souldiers was upon the second reading committed unto the Committees in the Bill against the excess of Apparel who were appointed yesterday foregoing and to meet in the Exchequer Chamber at two of the Clock this Afternoon and M r Arnold was now added to the same Committee The Amendments of the Committees in the Bill for taking away of Clergy from Robbers of Houses in the day-time though no body be in the House at the time of the Robbery done being twice read the Bill was upon the question Ordered to be ingrossed The Bill to prohibit the carrying of Herrings was upon the second reading committed unto M r Walgrave M r Oldsworth M r Edward Lewkenor M r Wiseman and others who were appointed to confer presently in the Committee Chamber of this House M r Comptroller and the residue returning from the Lords M r Secretary shewed that in the debate of the ..... but touching what business this Report was made by M r Secretary or what that business was is evey negligently omitted by Fulk Onslow Esq Clerk of the House of Commons in the Original Journal-Book it self of that House although a whole blank Page be there left with intention doubtless at first to have inserted it And therefore it shall not be amiss here in some sort to set it down partly out of some former passages of the said Journal Book and partly out of the Original Journal-Book of the Upper House And first for the business it self it was grounded upon some distaste that Sir Walter Raleigh and other Members of the House of Commons had received from the Carriage of the Lords towards them in not rising unto them upon the delivery of an Answer to a certain Message brought up by them to their Lordships on Saturday the 14 th day of this instant January foregoing as is there set down at large To which said distast of theirs the Lords did this present Friday being the 20 th day of the same Month in the Conference had between the Committees of either House desire to make satisfaction according to the resolution had by their Lordships in their own House Yesterday being Thursday Which said Resolution or Answer of their Lordships was as it should seem now reported unto the House of Commons by M r Secretary Cecill upon his return with the other Committees from the said Conference and is set down upon the said Thursday being the 19 th day of the said instant January in the above-mentioned Original Journal-Book of the Upper House much to the purpose and effect following viz. That their Lordships Answer was that in the delivery of the said Message unto the said Sir Walter Raleigh and others the said Members of the House of Commons upon Saturday the 14 th day of this instant January last past their Lordships had not given unto them the said Members of the said House any just distast or therein offered unto the said House of Commons it self any indignity at all but that their Lordships had therein observed the ancient Order of Parliament which they were fully satisfied to be as followeth viz. That when any Bills or Messages are brought from the House of Commons to be presented to the Upper House the Lord Keeper and the rest of the Lords are to arise from their places and go down to the Bar there to meet such as come from the House of Commons and from them to receive in that place their Messages or Bills But contrariwise when any Answer is delivered by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as come from the House of Commons the said Knights and Burgesses are to receive the same standing towards the lower end of the House without the Bar and the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places And hereupon the House of Commons was satisfied and the same form was afterwards kept accordingly Nota That this little foregoing Passage only is supplied out of the Original journal-Journal-Book of the Upper House and now what ensueth is again inserted out of that of the House of Commons On Saturday the 21 th day of January Two Bills of no great moment had each of them one reading of which the last was the Bill for restraint of carrying of Corn or Grain out of this Realm at certain times M r Francis Goodwin one of the Committees in the Bill for establishing certain Lands given by Will for the maintenance of the High-ways at Ailesbury in the County of Buckingham who were appointed on Wednesday the 11 th day of this instant January foregoing brought in the Bill with some Amendments which being twice read the Bill was upon the Question Ordered to be ingrossed M r Walgrave one of the Committees in the Bill to prohibite the carrying of Herrings beyond the Seas who were appointed Yesterday shewed the meeting of the Committees and their Amendments of the Bill which Amendments being twice read the Bill was upon the question Ordered to be ingrossed The Bill that the Plaintiffs shall pay the Defendants their Costs by lying in Prison for want of Bayl if the Action pass against the Plaintiffs and for the punishment of wrongful Arrests upon forged Warrants was read the first time M r Sollicitor one of the Committees in the Bill for the reviving continuance explanation and perfecting of divers Statutes who were appointed on Saturday the 14 th day of this instant January foregoing shewed the meeting and travel of the Committees and some their Amendments in the same Bill which Amendments being twice read to the House it was after many Motions and Speeches for recommitment of the same Bill Ordered upon the Division of the House in the doubtfulness of two former Questions with the advantage of thirty Voices viz. with the No an hundred twenty four with the Yea ninety one that the said Bill should not be recommitted And afterwards upon another Question it was Ordered that the said Bill should be ingrossed The Lord Sandes and Sir Walter Sandes with their Councel were present here in this House at the Bar and heard at large touching the Bill for the Confirmation of the Jointure of Christian Lady Sandes which had been read the second time and committed on
knowledge of this Motion and to give Order that Tolkerne should be sent for at whose Suit the Arrest was made And withal that such Precedents as the Clerk of the Parliament could shew should be looked out and made known to the House Vide plus concerning this matter on Monday the 23 th day of this instant November following On Saturday the 14 th day of November to which day the Parliament had been last continued on Thursday foregoing by occasion of sending for the aforesaid Tolkerne request was made by M r Conisbie Gentleman Usher to the House and signified by the Mouth of the Earl of Nottingham Lord Steward That for as much as the bringing of any person before the Lords upon breach of the Priviledge of the House did appertain as the said M r Conisbie supposed and alledged to his place though in the last Parliament by some mistaking as he thought the Serjeant at Arms was imployed therein That therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and from henceforth have the Right of his place in that behalf Whose request being considered of by the Lords it was thought meet that the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham should at their next meeting upon any other occasion take notice of such Precedents as could be produced therein either for the Gentleman-Usher or for the Serjeant at Arms and thereof to make Report to the House whereupon their Lordships would proceed to the deciding of the question between them Vide concerning this business on Tuesday the first day of December next following The meeting of the Committees about the Bill concerning Musters Souldiers c. who were nominated on Thursday the 12 th day of this instant November foregoing and appointed to meet this Afternoon was upon Motion to the House by some of the Committees deserr'd until Monday next being the 16 th day of this instant November by eight of the Clock in the Morning A Motion was made by the Lord Keeper that the Gentleman-Usher might be sent to such Lords as are absent from the Parliament and have not sent their Proxies to admonish them thereof Five Bills had each of them one reading of which the second being the Bill for suppressing the multitude of Ale-Houses and Tippling-Houses was read secundâ vice and committed to the Lord Treasurer the Earl of Worcester the Earl of Hartford the Earl of Lincoln the Bishop of Winchester the Bishop of Lincoln the Bishop of Bath and Wells the Bishop of Chester the Bishop of Exeter the Bishop of Ely the Lord Zouch the Lord Cobham the Lord Rich the Lord Sheffield the Lord Chandois the Lord S t John of Bletsoe and the Lord Compton and the Lord Chief Justice of England M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The third Bill also being for the avoiding of unnecessary delayes of Executions upon Judgment in Debt was read secundâ vice and committed unto the Lord Treasurer the Earl of Worcester the Earl of Pembrook the Bishop of Rochester the Bishop of Worcester the Bishop of S t Asaph the Lord Cobham the Lord Chandois the Lord S t John of Bletsoe and M r Justice Gawdy M r Baron Savile and M r Serjeant Yelverton were appointed to attend their Lordships The Lord Zouch renewed his former motion concerning the Arrest of William Hogan her Majesties Ordinary servant at the suit of John Tolkerne Whereupon the Clerk of the Parliament was required to shew forth all such Precedents as he had found touching the Arrests of any Persons priviledged by Parliament having received directions from the Lords for that purpose as is before Recorded of which sort out of the Journal-Book remaining in his custody there were to be found only these four hereunder mentioned and no more 1. Anno 27. Reginae Fliz. die Martis primo die Decembris of James Diggs servant to my Lords Grace of Canterbury 2. Anno 27. Reginae Eliz. die Lunae 7. Die Decembris of Robert Finneis servant to the Lord Viscount Binden 3. Item in the last Parliament of 39 Eliz. 26. die Novembris of Edward Barston servant to the Lord Chandois and 8. die Decembris of John York the Lord Arch-Bishops servant 4. Item Anno 14. Reginae die ultimo Junii It appeareth that the Lord Cromwel made complaint unto the Parliament of an Attachment served upon his Person and that his Lordship was by Order of the Parliament discharged of the Attachment but whether this Attachment was served in the time of the Parliament it doth not certainly appear Which said Precedents being accordingly presented to the Lord Keeper the same were presently read together with certain Observations out of a Book written by Richard Crompton Esquire Intituled the Authority and Jurisdiction of the Queens Courts concerning the proceedings of the House in the like case of George Ferrers Gent. an ordinary servant to King Henry 8. about the thirty fourth year of his Reign This being done albeit sundry Motions were thereupon made by divers of the Lords for a present proceeding in this matter nevertheless because the said Tolkerne having been formerly sent for could not yet be found and also in respect there was less appearance of the Lords this day than at other times and this matter concerning the priviledge of the House was of great importance and therefore required a more full Assembly Stay was made of any further proceeding until Thursday next being the 19 th day of this instant November And in the mean time it was Ordered that Tolkerne should again be sent for to appear before the Lords in the House that day by nine of the Clock in the Morning Vide concerning this matter on Monday the 23 th day of this Instant November following On Monday the 16 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secundâ vice Motion was made by the Lord Sheffield upon reading of this Bill that Thomas Crompton Son of Thomas Crompton Esquire deceased with Henry Best Francis Jackson and others whom it may concern should be heard in the House whether they or any of them could pretend any right or Interest in these Lands in respect of a Grant heretofore made thereof by her Majesty to the said Thomas Crompton Which Motion was well approved by the House and Ordered that the Gentleman Usher should move the said parties to appear before their Lordships in the House for that purpose upon Saturday next the 21. day of this Instant November by eight of the Clock in the Morning and to bring them such persons as are interested in the Conveyance of those Lands Vide December 7 th Monday postea Memorandum That the
who said that in the 27 th year of the Queen the like Motion had been made and that then by reason of the shortness of the time and suddain ending of the Parliament nothing was done therein Notwithstanding he said that now this motion being so happily made and that then by reason of the shortness of the time nothing was done he thought it fit for a Committee He was seconded again by M r Wiseman of Lincolns-Inn who was of the same mind and said That divers particular Laws of his knowledge were now both needless to be performed as also dangerous to the Subject by reason of the Penalties Whereupon the House agreed that the said Bill should be committed and Committees were nominated which are inserted out of the Orinal Journal-Book it self viz. All the Privy Council being Members of this House M r D r Caesar Master of Requests Sir Edward Hobbie M r Wiseman M r D r Crompton M r D r Perkins M r D r Dunn the Knights and Citizens for London the Knights and Citizens for Norwich Sir Walter Raleigh M r Tanfield M r Francis Bacon M r Robert Wingfield Sir Robert Wroth Sir George Moore Sir Moile Finch Sir John Harrington Sir Thomas Leighton M r Snigg M r Phillipps M r Winch Mr. Tho. Culpepper Mr. Hide Mr. Oldsworth Mr. Maynard the Lord Howard Sir Richard Knightley Sir Robert Carey the Lord Clinton Mr. Dale Mr. William Lane Mr. Michael Stanhop Mr. Warcop Sir Henry Nevil Sir Arthur George Sir Edward Hungerford Sir William Strowde Sir William Courtney Mr. John Egerton Mr. Dr. James Sir Crew Rawleigh Mr. Boyse Sir Henry Brunker and Sir Thomas Gerrard who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon The Bill for the explanation of such Statutes as touch Leases to be made by Archbishops and Bishops was read the first time Monition was this day given by Mr. Speaker unto the Members of this House that they would forbear from henceforth to come into this House with their Spurs on in regard it is very offensive to many others of the residue of them Thus far out of the Original Book it self Others also although nothing were done therein moved to have Boots and Rapiers taken away as is set down in the above mentioned private Journal On Tuesday the 3 d day of November Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House for that it hath pleased God to visit him with an Ague That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow until it shall please God to restore him to health Which was willingly assented unto by the whole House and by Order of the whole House the said Tydder took the Oath of Supremacy Nota That there was a like precedent in the second meeting of the Parliament after an Adjournment thereof in Anno 28 29. Regin Eliz. An. Dom. 1586. when upon the like Motion of the Speaker on Wednesday the 15 th day of February William Onslow kinsman of the said Mr. Fulk Onslow being at that time a Member of the House of Commons was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same Six Bills of no great moment had each of them one reading of which the last being the Bill for the better preserving the breed of Horses and to avoid the common stealing of them was upon the second reading committed unto Sir Edward Hobbie Sir Robert Wroth Mr. Walter Cope Mr. Fulk Grevil Mr. Hide and others who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon And the Bill and Committees names were delivered to Sir Robert Wroth. The Bill to reform the Abuses in Inns Victualling-Houses c. was read the second time and being put to the question for committing was upon the question refused to be committed Upon a Motion made by Mr. Leife that whereas many Members of this House which could not come to the Upper House upon the first day of this Parliament the Door being kept shut to hear her Majesties pleasure signified by the Mouth of the Lord Keeper of the Causes of her Majesties calling of this Parliament they might in some sort be satisfied of the same He putteth Mr. Comptroller in mind of his Honours promise to relate the same unto them Who thereupon desired Mr. Secretary Cecil because he the said Mr. Comptroller was not there himself to make the same relation which the said Mr. Secretary doing at large The chief intent and scope thereof appeared to aim at the setting forth of two things especially the First the Danger the Kingdom stood in in respect of the power and malice of the Spaniard the Second that timely provision of Treasure might be made for the prevention Thus far out of the Original journal-Journal-Book it self M r Secretary Cecil's Speech which followeth being spoken after that he had repeated the Lord Keepers Speech is inserted out of the beforecited private Journal of the House in manner and form following For my own advice touching the particular Counsels of this House I wish that we would not trouble our selves with any fantastick speeches or idle Bills but rather such as be for the general good both light in conception and facile in execution Now seeing it hath pleased you all hitherto with patience to hear me if with your favour I may particularize and show the grounds of the former delivered Speech touching the State of Ireland I shall be very glad both for my own discharge and for your satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries He hath made Overtures of Peace which if they might both be honourable and for the publick good I hold him neither a wise nor an honest man would impugn them He hath put an Army into Ireland the number Four thousand Souldiers under the conduct of a valiant expert and hardy Captain who chooseth rather than return into his own Country without any famous enterprize to live and dy in this service These Four thousand are three parts Natural Spaniards and of his best expert Souldiers except them of the Low-Countries Those he could not spare because of his enterprize of Ostend And how dangerous the loss of that Town would be to this Land I think there is no man of experience but can witness with me For he would easily be Master of all that Coast so that the Trade betwen England and the Low-Countries would be quite dissolved Yea he would be so dangerous a Neighbour to us that we which are now Tenants by discretion are
had some matters of importance not fit to be read Yet if it please the House to command it they should Whereupon all cried No No. Sir Edward Hobbie answered Methinks under favour the motion Mr. Secretary made is good but the form therein I speak with all reverence not fitting the State of this House For he said M r Speaker shall attend my Lord Keeper Attend It is well known that the Speaker of the House is the Mouth of the whole Realm And that the whole State of the Commonalty of a Kingdom should attend one Person I see no reason I refer it to the consideration of the House Only this proposition I hold That our Speaker is to be commanded by none neither to attend any but the Queen only M r Johnson said The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certify the Lord Keeper and so to make a new Warrant Sir Edward Hobbie said That for Election of Burgesles he had seen half a score yesterday with Sir John Puckerings hand when he was Speaker M r Speaker said I may inform you of the Order of the House that a Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord Keeper and then to make a new Writ M r Secretary Cecill said I should be very sorry to detract from any particular Member of this House much more from the general State my meaning was mistaken and my words misconstrued yet both in substance agreeing with M r Speaker Post Meridiem At the Committee held this Afternoon touching Returns and matters of priviledge who had been appointed on Saturday the 31. day of October foregoing there were shewed divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House ought to be directed from the Speaker which said Precedents were as followeth viz. In Anno 27. Reginae Eliz. Anno Domini 1584. 4 th Decembris Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon but he chose Chichester And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon which bare date the 10 th of December six days after 27 Eliz. Secondly In Anno 27 o Regin Eliz. Anno Domini 1584. 21 o Decembr the Writ bearing Teste 19 February for the same matter In which the stile of the House is Knights Citizens Burgesses and Barons quod nota Thirdly Anno praedicto Regin ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Quecnborough in Kent was Attainted of Treason A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19 th day of February aforesaid in which Warrant under the Speakers own hand was inserted a reason to this effect viz. because the said Parry is disabled by reason of his Attainder Fourthly In An o xxvii o praedict Regin Eliz. Anno Dom. 1584. 30 Novembr Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports viz. Hieth but he took Portsmouth and refused the other whereupon a Warrant was directed as abovesaid but no Teste of the Writ was there Fifthly 28 th January 1584. Alexander Pine Esq chosen Burgess for Taunton being Deceased a new Writ was made The Writ bare Teste 30 th January Sixthly 3 o Decembr Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen and chose Bedford whereupon a Warrant was made to the Clerk of the Crown for a new Writ which bare date the 4 th day of December Anno xxvii o Regin Eliz. All which Warrants were signed by the Speaker John Puckering For the matter between Doctor Awbrey Doctor of the Civil Law and Mr. William Delabarr Barrester of the Common Law of Lincolns Inn touching the Burgessship of Cardigan in Wales the Cause stood thus Cardigan hath been by antient Precedents ever since the first Year of Queen Elizabeth a Burgess Town and ever the Return of the Indenture hath been for Cardigan only Now this Parliament the Sheriff of the Shire favouring a Town called Aberystwith after he received the Parliament Writ sent his Warrants to the Bayliffs of Aberystwith to chuse a Burgess c. who chose a Burgess viz. Doctor Awbrey and return'd him Burgess for Cardigan and Aberystwith and shewed in the Indenture the Election to be made by both Towns And the Indenture was signed with the Sheriffs hand On the other side the Bayliffs of Cardigan understanding the Writ to be come to the Sheriff took notice thereof and without Warrant from the Sheriff made an Indenture and Election of William Delabarr and sent the same in a Letter to him M r Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan but not finding him delivered the same to the Clerk of the Crown paid his Fees was sworn and admitted into the House till this present day Now at this Committee for Priviledges Dr. Awbrey came to complain the Committees found upon Examination of the matter that the County Court was as well kept at Aberystwith as at Cardigan alternis vicibus and that the County Court was to be kept this time at Aberystwith So when they went to the Conference both Awbrey and Delabarr were desired to depart forth And upon Consultation these Questions arose First Whether the House have Power to Fine the Sheriff because according to the Statute he sent not his Warrant to Cardigan Next If he be punishable by the Penalty of the Statute Also if he have pursued his Authority in making his Election in Aberystwith Which are left with divers other doubts to the discussing of the House the next day and to the Report of Sir Edward Hobbie or Mr. Sollicitor Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham now Lord Chief Justice being then Speaker Sir Edward Hobbie at this Committee said Awbrey and Delabarr the one a Civil the other a Common Lawyer That he might say to them as the Duke of Millain said of the Thief It is no matter whether goes first the Hangman or the Thief The Town of Harwich in Essex and Newtown in the County of Southampton have returned Burgesses this Parliament which they never did before Thus far out of the aforesaid private Journal The ensuing days Passages do follow out of the Original Book it self On Friday the 6 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill to avoid divers misdemeanors in base and idle Persons was read the first time Mr. Dr. James being a Committee in the Bill against Drunkenness which was committed on Wednesday the 4 th day of this instant November foregoing declared the meeting
and our expectations The Clerk of the petty Bag the Clerk of the Crown and the Clerk of the Parliament attended us The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out sedente Parliamento for so are the words it was for the Knights of Yorkshire and Lancashire and this was all he could shew only he said an old Officer would be sworn there were more but lost by Garth's decease The Clerk of the Crown dealt with us two ways The First by way of experienced Officers The Second by way of Precedent For the First one Stephen Brown was brought forth before us who hath been an Officer in the Crown-Office these thirty six years And being asked if he knew how Warrants were directed he answered that in the time of the Lord Keeper Bacon he that was Speaker of this House directed them to the Clerk of the Crown Being further asked if they were impugned he Answered No. Being asked where these Warrants were kept he said on the Labels in the House The said Clerk shewed us sive Precedents and one Order the rest were lost by M r Watson's death as the other Precedents were by the death of M r Garth the Clerk of the Parliament of the 13 th of Queen Elizabeth when Sir Christopher Wray was Speaker As also One Order dated 18 th of March 1580. die Sabbathi that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwich instead of one Beamont the words whereof were It is required of the Knights Citizens Burgesses and Barons c. As also another Order dated die Sabbathi 18 o Martii 1580. in these words It is further agreed upon and resolved by this House that during the time of sitting of this Court there do not at 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 another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde the effect whereof was That forasmuch as they were Arrested into the Kings Bench whereas we find them priviledged as Members of this House a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid Dated from Westminster the sixth day of December Therefore for mine own opinion and according to these Precedents I think they ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35 o Eliz. where a new Writ was to be Awarded out concerning M r Fitzherbert and all Writs of priviledge to come from the Chancery And the Speaker made a new Warrant to the Lord Keeper to make a new Writ In the like case both touching Southwark and Melcombe Regis for I think the Warrant ought to be directed to the Lord Keeper M r Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis And he that presents a Precedent without a reason presents a body without a soul. There is a difference in Writs there are Brevia ex gratia speciali and Brevia cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs of course by the Lord Keeper M r Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest And that his Lordship did greatly respect both the majesty and gravity of this Assembly and said that he woud be loth to derogate any thing from either Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House or contrary to the most antient usage that we would now settle our resolution and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands and also increase the Majesty and Honour of this House which he most heartily wished might ever continue And for my part thus much I can assure you that we cannot wish him to be more Honourable or more agreeable to this House than we found him Henry Doyley of Lincolns-Inn said M r Speaker I take it there is a Precedent this Parliament which will decide this Controversie For an Honourable Person of this House being chosen with my self Burgess for Wallingford and also Knight of a Shire chose to be a Kuight And a Warrant went from you M r Speaker directed to the Clerk of the Crown for the Election of a new Burgess who is since Chosen and Sworn and is now a Member of this House M r Thomas Fortescue by name M r Flemming said The Clerk of the Crown is our immediate Officer he is to be Attendant between the two Doors of the Upper House and Lower House when any Warrant General is required he is to subscribe it to certifie it c. he is to convey our minds and Messages to the Upper House c. Yea this Warrant is to be directed to him Then all cryed to the question Then M r Speaker stood up and said The Question must stand on three parts First if the Warrant shall be directed to the Clerk of the Crown Secondly to the Lord Keeper Thirdly if without any direction The House after this Speech was in great murmur and very loud then stood up one and said M r Speaker Let the first Question stand and then all will be at an end Then the Speaker said Shall the first question stand And all said Yea. Then he said All those that will have the Warrant directed to the Clerk of the Crown cry Yea and all those that will not cry No. And the Yeas got it a little Then he asked if he would have this Order entred of Record and all cryed Yea Yea. Thus far out of the private Journal Now follows some part of the next days Passages out of the Original journal-Journal-Book it self On Monday the 16 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for enabling Edmund Mollineux Esq to sell Land for the payment of his Debts And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes had each of them their first reading Thus far out of the Original Journal-Book of the House of Commons the residue of this days Passages for the most part is transcribed out of that often before-mentioned private Journal M r Henry Doyley a Barrester of Lincolns-Inn made a Motion and said M r Speaker I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since
Bacon M r Francis Moore M r Serjeant Harris and others who were appointed to meet upon Monday next in the House at two of the Clock in the Afternoon after a question first had whether it should be sitten upon in Committee this Afternoon and was upon the division of the House upon the difference of forty six persons viz. with the Yea for this day ninety five and with the No for Monday a hundred sixty one Ordered to be sitten in Committee on Monday next as aforesaid Thus far out of the Original journal-Journal-Book of the House of Commons the residue which fell out in the Afternoon at the Committee for Monopolies or Patents of Priviledge whose names see before on Yesterday foregoing is supplied out of the private Journal Sir Edward Hobbie informed the House of the great abuse of the Patentee for Salt in his Country That betwixt Michaelmas and S t Andrews Tide where Salt before the Patent was wont to be sold for sixteen pence a Bushel it is now sold for fourteen or fifteen shillings a Bushel But after the Lord President had understanding thereof he committed the Patentee and caused it to be sold for sixteen pence as before This Patent was granted to Sir Thomas Wilkes and after to one Smith To Lyme there is brought every Year above three thousand Wey of Salt and every Wey of Salt is since the Patent enhaunced to twenty shillings and where the Bushel was wont to be eight pence it is now sixteen pence And I dare boldly say it if this Patent were called in there might well three thousand pound a year be saved in the Ports of Lyme Boston and Hull I speak of white Salt M r Francis Bacon said The Bill is very injurious and ridiculous injurious in that it taketh or rather sweepeth away her Majesties Prerogative and ridiculous in that there is a Proviso that this Statute shall not extend to Grants made to Corporations that is a Gull to sweeten the Bill withal it is only to make Fools fain All men of the Law know that a Bill which is only expository to expound the Common Law doth enact nothing neither is any promise of good therein And therefore the Proviso in the Statute of 34 Hen. 8. of Wills which is but a Statute expository of the Statute of 32 Hen. 8. of Wills touching Sir John Gainsfords Will was adjudged void Therefore I think the Bill very unfit and our Proceedings to be by Petition M r Sollicitor Flemming said I will briefly give account of all things touching these Monopolies Her Majesty in her Provident Care gave Charge unto M r Attorney and my Self that speedy and special Order may be taken for these Patents this was in the beginning of Hillary Term last but you all know the danger of that time and what great affairs of importance happened to prevent these businesses and since that time nothing could be done for want of leisure Sir Robert Wroth said I would but note M r Sollicitor that you were charged to take Order in Hillary Term last why not before there was time enough ever since the last Parliament I speak it and I speak it boldly these Patentees are worse than ever they were And I have heard a Gentleman affirm in this House that there is a Clause of Revocation in these Patents if so what needed this stir of Scire facias Quo Warranto and I know not what when it is but only to send for the Patentees and cause a redelivery There have been divers Patents granted since the last Parliament these are now in being viz. The Patents for Currants Iron Powder Cards Ox-shin Bones Train Oyl Transportation of Leather Lists of Cloth Ashes Anniseeds Vinegar Sea-Coals Steel Aquavitae Brushes Pots Salt-Peter Lead Accidences Oyl Calamint Stone Oyl of Blubber Fumathoes or dryed Piltchers in the Smoak and divers others Upon the reading of the Patents aforesaid M r Hackwell of Lincolns-Inn stood up and asked thus Is not Bread there Bread quoth one Bread quoth another this Voice seems strange quoth another this Voice seems strange quoth a third No quoth M r Hackwell if Order be not taken for these Bread will be there before the next Parliament M r Heyward Townesend of Lincoln's-Inn said I seeing the disagreement of the Committee and that they would agree upon nothing made a Motion to this effect first to put them in mind of a Petition made the last Parliament which though it took no effect yet we should much wrong her Majesty and forget our selves if we should think to speed no better now in the like Case because then there was a Commitment for this purpose and the Committees drew a Speech which was delivered by the Speaker word for word at the end of the Parliament but now we might help that by sending our Speaker presently after such a Committee and Speech made with humble Suit not only to repeal all Monopolies grievous to the Subject but also that it would please her Majesty to give us leave to make an Act that they might be of no more force validity or effect than they are at the Common Law without the strength of her Prerogative Which though we might now do and the Act being so reasonable we might assure our selves her Majesty would not delay the passing thereof yet we her loving Subjects c. would not offer without her privity or consent the Cause so nearly touching her Prerogative or go about to do any such Act. And also that at the Committee which should make this Speech every Member of this House which either found himself his Town or Country grieved might put in in fair writing such Exceptions against Monopolies as he would justifie to be true And that the Speaker might deliver them with his own hands because many obstacles and hindrances might happen M r Francis Bacon after a long Speech concluded thus in the end Why you have the readiest course that possibly can be devised I would wish no further Order be taken but to prefer the wise and discreet Speech made by the Young Gentleman even the Youngest in this Assembly that last spake I will tell you that even ex ore Infantium lactantium the true and most certain course is propounded unto us So the House as it should seem agreed thereunto and appointed to meet on Monday next post Meridiem at which time all the aforesaid matters past On Monday the 23 th day of November Three Bills had each of them one reading of which the first being the Bill for Confirmation of the Grant of the Hospitals of Christ Bridewell and S t Thomas the Apostle was read the second time and committed to the former Committees who were appointed on Tuesday the 17 th day of this instant November foregoing and Sir George Moore M r Paule M r Edward Moore and M r Barnham were added to the former Committees who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of
r Moore brought in a Bill drawn by the Committees in the Bill for the repealing and continuance of the Statutes whose names see on Thursday the 5 th day of this instant November foregoing Thus far of this dayes Passages out of the Original journal-Journal-Book of the House of Commons Post Meridiem The Committees for the great business of Monopolies and Patents of Priviledge being met there was shewed amongst them a Note or Catalogue of divers of them and to whom they were granted which was as followeth only altered in some places for Order sake To Sir Henry Nevill the Patent for Ordnance To Sir Jerom Bowes the Patent for Glasses To Simon Furner the Patent for Lists Shreds and Horns to be transported To Sir Henry Noell the Patent for Stone Pots and Bottles To Brian Anusley the Patent for Steel To Eliz. Matthewes the Patent for Oyl of Blubbers To Richard Drake a Patent for Aqua composita Aquavitae To Michaell Stanhop a Patent for Spanish Woolls To Thomas Cornwallis the Licence to keep unlawful Games To William Carr a Patent for Brewing of Beer to be transported To John Spillman a Patent to make Paper To Edward Darcie a Patent for Cards To Sir John Packington a Patent for Starch To Sir Walter Raleigh a Patent for Tin To William Wade Esq the making of Sulphur Brimston and Oyl To James Chambers a Licence for Tanning To William Watkins and James Roberts a Licence to Print Almanacks To Richard Welsh to Print the History of Cornelius and Tacitus To John Norden to Print Speculum Britanniae To certain Merchants to Traffick To William Allin to sow six hundred Acres of ground with Oade To M r Heyle to provide Steel beyond the Seas To M r Robert Alexander for Anniseeds To Edward Darcie a Patent for Steel To Valentine Harris to sow six hundred Acres with Oade To Sir Henry Singer touching the Printing of school-School-Books To Arthur Bassany a Licence to transport six thousand Calf-Skins To Thomas Morley to Print Songs in three parts To Sir John Packington for Starch and Ashes To Thomas Wight and Bonnam Norton to Print law-Law-Books and divers others of no great moment touching the transportation of Iron and Tin the sowing of Hemp and Flax the gashing of Hydes the forfeiture of Grigg Mills the making of Mathematical Instruments the making of Saltpeter the Printing of the Psalms of David and touching Fishers Pouldavies and certain Forfeitures These Monopolies were most of them shewed to the Committees by Secretary Cecill and to have been granted since the sixteenth year of the Queens Majesties Reign for in the seventeenth year of her Reign he shewed that a Patent was first granted to Robert Sharp to make Spangles and Oes of Gold And then in the eighteenth year of her Majesty a Patent was granted to Sir Edward Dyer to pardon dispense and reserve all Forfeitures and abuses committed by Tanners contrary to the Statute And that the greatest part of the before-mentioned Patents of Priviledge or Monopolies had been granted since Whereupon after M r Davies had moved to have these Monopolies proceeded against by Bill and M r Martin had moved to have them rather dealt in by Petition to her Majesty and that the House had heard the particular relation of the said Monopolies there was nothing done or concluded upon but a meeting appointed on Tuesday in the Afternoon On Tuesday the 24 th day of November the Bill touching Painter-Stainers and abuses in Painting was read the second time and committed unto Sir RobertWroth Sir George Moore M r Maynard M r Cope M r Doctor Parkins and others who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock and the Bill with the Committees names was delivered to M r Pindar one of the same Committees The Bill touching the Garbling of Spices was read the second time and committed to the last former Committees for Painters and the Queens Learned Councel were added unto them The Bill touching the Lordships of Landoflowre alias Landovorowre was read the second time and committed unto the Knights and Burgesses for Wales the Burgesses for Hereford M r Owen M r Philipps and others who were appointed to meet to Morrow in the Temple-Church at two of the Clock in the Afternoon and the Bill was delivered to M r Philipps The Bill for reformation of abuses used in the Art or Mystery of Imbroidering was read the second time and rejected as was also the Bill for Mollineux after it had been read the second time and put to the question Sir Francis Hastings made Report of the meeting of the Committees in the Bill touching Ale-houses who were appointed on Thursday the 5 th day of this instant November foregoing with some Amendments in the same The Amendments in the Bill touching Ale-houses were twice read and the Bill Ordered to be ingrossed Sir Edmund Morgan a Member of this House being served with a Subpoena to appear in the Chancery this present day and also M r Pemerton another Member of this House likewise served with a Subpoena out of the Chancery at the Suit of Sir Walter Raleigh and Sir Carew Raleigh prayeth the Priviledge which by Order of this House was granted The Bill against blasphemous Swearing was read the second time and committed to the former Committees in the Bill touching Swearing who were appointed on Tuesday the 10 th day of this instant November foregoing and to meet in this House in the Committee Chamber to Morrow Morning The Bill against double payment of Debts upon Shop-Books was read the first time The Bill for the making of Parks of the Impaled Grounds of Noblemen and Gentlemen was read the second time and upon the question and division of the House dashed with the Yea a hundred and eleven and with the No a hundred fifty one Thus far of this dayes Passages out of the Original Journal-Book of the House of Commons Upon some loud Confusion in the House touching some private murmur of Monopolies M r Secretary Cecill said The Duty I owe and the Zeal to extinguish Monopolies makes me to speak now and to satisfy their Opinions that think there shall be no redress of these Monopolies Order is attended with these two Handmaids Gravity and Zeal but Zeal with Discretion I have been though unworthy a Member of this House in six or seven Parliaments yet never did I see the House in so great Confusion I believe there never was in any Parliament a more tender point handled than the Liberty of the Subject that when any is discussing this point he should be cried and cought down This is more fit for a Grammar-School than a Court of Parliament I have been a Counsellor of State this twelve years yet did I never know it subject to construction of levity and disorder Much more ought we to be regardful in so great and grave an Assembly Why we have had Speeches upon Speeches without either Order or Discretion One would have had
And therefore I see no reason to confer with the Lords when we may proceed our selves Sir Edward Hobbie said If the Case were but plain of it self I should be of the Gentlemans mind that last spake but I am given to understand and also desire so to inform the House that this Information was put into the Star-Chamber by some kind of Order from the Lords and therefore very convenient a Conference should be had Sir Francis Hastings said who was Brother to the Earl of Huntington To enter into consideration of this Cause by Report and otherwise I cannot I know no man but respecteth the Honourable Person himself and for this Gentleman Mr. Belgrave I ever took him and so do to be a man of very good Carriage To condemn him I do not mean but I humbly pray that a course for his Honour may be taken and the matter so handled that the Honour of the Person may be saved the Gentleman freed from further offence and this Cause ended with good Conclusion And I protest I am not privy to the Prosecution Mr. Dale said Id possumus quod jure possumus and therefore resting in doubt herein the safest course is a Conference Mr. Tate said It is not good to utter things suddenly in great matters Our dispute may seem to have this end either to incur the dangers of our Priviledge by not regarding this Cause or to pry too near into her Majesties Prerogative by examining Informations exhibited into the Star-Chamber Wherefore I think we ought to be Petitioners Nota verbum Petitioners or at least to shew our griefs to the Lords and if by any Order from them as was alledged this Information was put in methinks in reason a Conference were good to examine the Cause and inform this House truly thereof Mr. Skipwith the Pentioner said If I knew or did think that any wrong were offered to the Earl of Huntington I would rather be a Petitioner for this Gentleman to him than I would be a Protector of him against him I knew Mr. Belgrave writ his Letter to my Lord and that it pleased his Honour to Answer him and that he offered to follow his Honour in that sort as is fitting for a Gentleman of his worth and rather his Honour than any man in England This I take it may satisfie the House for Answer to the first part of the Information which containeth a dishonour offered to the Earl For the second which is deceiving of the Burgesses I do Answer this House They were both willing and worthy to be deceived I know they had given their Voices and desired M r Belgrave to take it For the wrong to this Court I hope this Court hath wisdom enough to right it selt without any course to be taken in the Star-Chamber yet by your favour I may say thus much that if we should punish him for coming indirectly into this place we should punish three parts of this House for none ought to be chosen but those that be resident and sworn Burgesses of the Town Sir Robert Wroth said This matter needs not so much dispute There is a Precedent in this House to this point in the last Year of Queen Mary between Pleddall and Pleddall It pleased the Lords of the Star-Chamber sedente Parliamento to bind the one at the Suit of the other to appear twelve dayes after the Parliament and this adjudged to be an infringement of the Liberties M r Davies said The Information savours more of wit than malice And therefore I think upon Conference with the Lords the matter may be brought to good end I therefore humbly pray it may be put to the question and that the Bill may be sent for out of the Star-Chamber M r Carey said I take it M r Speaker the course hath been that if the House be desirous to see any Record you Mr. Speaker should send a Warrant to the Lord Keeper to grant forth a Certiorari to have the Record If by this means this Information be brought into this House upon view thereof perhaps this matter of dispute would take end Sir Francis Hastings offered to speak again in this matter But Mr. Bacon interrupted him and told him it was against the course To which he Answered he was old enough to know when and how often to speak To which Mr. Bacon replyed it was no matter but he needed not to be so hot in an ill cause To which Sir Francis replyed in several matters of debate a man may speak often So I take it is the Order He pointing to Mr. Bacon talk of Heat He tell you If I be so hot as he was Yesterday then put me out of the House The only thing that I would say is this I wish a Conference may be had with the Lord because the matter may be brought to some Friendly end for God knows what may lie in the Deck till after the Parliament And I suspect it the more because the Information and no Process issued forth Mr. Grevill said I with that in our Conference we do not neglect our Priviledges and that we may be means of mediation c. So the House appointed these Members following to have Conference with the Lords viz. All the Privy Council being Members of this House Sir Walter Raleigh Sir Francis Hastings Mr. Fulke Grevill the Masters of Request Sir Edward Hobbie Sir Robert Wroth Sir Francis Darcte Sir George Moore Sir John Grey Mr. Barrington Mr. Tate Mr. Martin and Mr. Skipwith to meet upon Thursday next at eight of the Clock in the Morning These names being thus transcribed out of the Original journal-Journal-Book of the House of Commons another passage of this day doth here follow out of a Private Journal of that House Mr. Speaker said I am to certify you from the Lords of a great disorder committed by the Pages and Servants as well of the Lords themselves as of your Servants and Attendants so that not only abuse is offered but weapons and blood drawn For remedy whereof the Lords have given strait Commandment that their Servants keep peaceable and quiet Order and that neither their Pages Attendants or Servants do stand upon the Stairs or nearer the House than the Stair foot They desire that every Member of this House would do the like to their Servants and so expresly to charge and command them And I would move you that you would be pleased the Serjeant might go forth and signify so much from you unto the Company without Mr. Wiseman said The disorder Mr. Speaker speaks of is now grown so great that a man dare not go down the Stairs without a Conductor So the Serjeant went and delivered the Message and the abuse was well reformed Mr. Davies made Report of the meeting and travel of the Committees in the Bill touching Gavelkind Lands and brought in the Bill with some Amendments On Wednesday the 9 th day of December the Bill touching the Assurance of certain Mannors c.
notwithstanding all the disbursements of these her great Charges yet she was as I right well know very hardly brought to and perswaded to call this Parliament in which she should be driven to require any aid or by any means to charge her Subjects if by any other means it might have been holpen and so her Majesty her self Commanded to be declared And I for my part and so do others very well know for the Commons little think or consider what a trouble want is to her whereby she is forced to ask of them which surely is against her nature but that she is thereunto forced for the surety of this Realm And for that the nether House cannot being so many together but of necessity must have one to be a Mouth Aider or Instructer unto them for the opening of matters which is called the Speaker Therefore go and Assemble your selves together and Elect one a discreet wise and learned Man to be your Speaker and on Friday next the Queens Majesty appointeth to repair hither again for to receive the Presentment of him accordingly The manner of her Majesties coming to the Upper House with the Lord Keepers Speech being supplied out of that written Copy or Anonymous Memorial I had by me as aforesaid now follow the Names of the Receivers and Tryors of Petitions out of the Original Journal-Book it self of the Upper House Then the Clerk of the Parliament read in French the Names of such as should receive hear and try the Petitions for England France Scotland Ireland Gascoigne and Guyen c. which were as followeth Receivers of Petitions for England Ireland Wales and Scotland viz. Sir Robert Catlin Chief Justice of the Kings Bench Sir William Cordall Master of the Rolls Sir Anthony Browne Knight Sir Richard Read Knight and Doctor Huicke And such as will prefer any Petitions are to deliver them in six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles viz. Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Saunders Knight Chief Baron Justice Weston M r John Vaughan and Doctor Yale And such as will prefer any Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland viz. The Archbishop of Canterbury Lord Marquess of Winchester Treasurer of England the Duke of Norfolk Earl Marshal of England the Earl of Arundel the Earl of Rutland the Earl of Bedford the Earl of Pembroke the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton Admiral of England the Lord Rich all these together or four of the Prelates and Lords calling to them the Keeper of the Great Seal and the Treasurer and the Queens Serjeant when need shall require shall hold their places in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Countries and parts beyond the Sea viz. The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Huntingdon the Bishop of Winchester the Bishop of Worcester the Bishop of Oxon the Lord Howard the Lord Chamberlain the Lord Abergaveny the Lord Wentworth the Lord Willoughby and the Lord North all they together or four of the Prelates and Lords aforesaid calling to them the Queens Serjeant Attorney and Sollicitor when need shall require shall hold their place in the Treasurers Chamber These Names of the Receivers and Tryors of Petitions foregoing being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament by the Queens Majesty or the Lord Keeper by her Commandment but the same being wholly omitted through the negligence of Francis Spilman Clerk of the same it is in part supplied out of that before-mentioned memorial Copy of this present days passages following Then the Lord Keeper Adjourned the Parliament till Friday next and then the Queen returned to her Chamber and shifted her and so did all the Lords and then waited on her to the Water side where she took her Boat and departed to Whiteball from whence she came and they till Friday at their pleasures upon which ensuing Friday her Majesty came again to the Upper House but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House and only found in the foresaid Anonymous Memorials I had by me is therefore inserted out of the same in manner and form following On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat and went by Water to the Parliament-House about two of the Clock the Lords and Heralds waiting on her to the Landing place on the back side of the Parliament and so brought her to her Privy-Chamber where she shifted her and put on her Robes and the Lords theirs as the first day and then she repaired to her Seat and the Lords to theirs with their Serjeants and Gentlemen-Ushers before her the Lord Marquess of Northampton bearing the Cap of Estate the Duke of Norsolk the Rod of the Marshalsie and the Earl of Northumberland the Sword the Lord Robert Dudley Master of the Horse and the Baron of Hunsdon sustained her Mantle from her Arms And her Train was born by the Lord Chamberlain Vice-Chamberlain and M r Ashley Master of the Jewel-House and the Lord Keeper standing at the back of the Rail on the right and the Lord Treasurer on the left And because this is the first Session of the Second Parliament of her Majesty I thought it worth the labour to cause the presence of her Majesty and the Lords spiritual and Temporal to be inserted directly according unto the Copy thereof in the Original Journal-Book of the Upper-House Die Veneris 15 to Januar. Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes fuerunt Pr. Regina Pr. Archiepiscopus Cantuar. Pr. Archiepiscopus Eboracen Pr. Episcopus London Pr. Episcopus Dunelmen Pr. Episcopus Winton Pr. Episcopus Cicestren Episcopus Landaph Pr. Episcopus Hereford Pr. Episcopus Elien Pr. Episcopus Wigorn. Pr. Episcopus Bangoren Pr. Episcopus Lincoln Pr. Episcopus Sarum Pr. Episcopus Meneven Pr. Episcopus Rofsen Pr. Episcopus Bathon Wellen. Pr. Episcopus Coven Lichfeild Pr. Episcopus Exon. Pr. Episcopus Norwicen Pr. Episcopus Petriburgen Episcopus Carliolen Pr. Episcopus Cestren Pr. Episcopus Assaven Pr. Episcopus Gloucestren Nota That this is the very express manner and form by which the presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is set down and marked out upon this present Friday being the first day of this her Highnesses Second Session of her Parliament and at the beginning of every Lords name that was present are the Letters Pr. prefixed by which it appeareth and may certainly be concluded that all they before whose names those Letters are not set down and entred were then absent which hath been the constant course
of Recording such presence in all the Original journal-Journal-Books of the Upper House both of former and latter times which is so obvious to every mans curiosity that will search that it needs no further dilating Pr. Nicolaus Bacon Miles Dominus Custos magni Sigilli Pr. Marchio Winton Thesaurarius Angliae Pr. Dux Norfolciae Comes Mareschallus Angliae Pr. Marchio Northampton Pr. Comes Arundell Seneschallus Hospitii Dominae Reginae Pr. Comes Northumbriae Comes Westmoreland Pr. Comes Salop. Pr. Comes Darbiae Pr. Comes Wigorn. Pr. Comes Rutland Comes Cumberland Comes Sussex Pr. Comes Huntington Comes Bathon Pr. Comes Bedford Pr. Comes Pembrooke Pr. Vice-Comes Hereford Pr. Vice-Comes Mountague Vice-Comes Howard de Bindon In the next and second Rank after the Spiritual Lords are the names of the Lord Keepers and of all other Temporal Lords entred above the degree of Barons and the reason why the names of the Spiritual Lords are thus entred before the Lord Keepers and all other Temporal Lords although divers of them enjoy likewise the great Offices of the Kingdom is not because they have all precedence of them but either in respect that the Archbishop of Canterbury when there is one is the first Peer of the Realm and so one of the rank with whom they sit in the Upper House and therefore ought to be ranked with him or else in respect of their Ecclesiastical Dignities which are preferred before the Temporal as the Church is before the Common-Wealth Pr. Dominus Clinton Admirallus Angliae Pr. Dominus Howard de Effingham Camerarius Dominae Reginae Pr. Dominus Burgavenny Dominus Audley Pr. Dominus Strange Dominus Zouch Pr. Dominus Barkeley Pr. Dominus Morley Pr. Dominus Dacres Pr. Dominus Dacres de Gillesland Pr. Dominus Cobham Dominus Stafford Dominus Grey de Wilton Pr. Dominus Scroope Dominus Dudley Pr. Dominus Lumley Dominus Montery Dominus Ogle Pr. Dominus Darcie Pr. Dominus Mountegle Dominus Sandes Pr. Dominus Vauxe Pr. Dominus Windsor Pr. Dominus Wentworth Pr. Dominus Mordant Pr. Dominus St. John Pr. Dominus Cromwell Pr. Dominus Evers Dominus Wharton Dominus Riche Pr. Dominus Willoughbye Pr. Dominus Sheffield Dominus Pagett Pr. Dominus Darcie de Chiche Dominus North. Pr. Dominus Chandos Pr. Dominus Haistings de Loughborough Pr. Dominus Cary de Hunsedon Pr. Dominus St. John de Bletsoe In this third and last rank are placed the Barons names of which the two first precede in respect of their Offices the rest follow according to their several rights The presence of the Lords being thus transcribed out of the Original Journal-Book of the Upper House there is nothing worthy the further observation therein but only that the Abbot of Westminster who sat all the last Parliament is not here at all mentioned and the reason was because himself with five other Abbots and Abbesses and many other of the Popish Clergy were deprived of their Ecclesiastical Promotions in An. Dom. 1559. at the end of the last Parliament And now in the next place follows the manner of the Presentment of the Speaker with his several Speeches and the Lord Keepers Answers at large out of a Memorial thereof I had by me which I conceive for the most part to be the very Autography or Original Copy thereof taken by the hand of some industrious Member of one of the Houses or at least some other Hearer at this time present in the Upper House It being set down in a hand at that time and full of interlinings and amendments The Queens Majesty being set under her Cloth of Estate and the Lords having placed themselves according to their several Ranks in their Parliament Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repairing to the Upper House with Thomas Williams Esq their Speaker Elect were as many of them as conveniently could let in and the Speaker was led up unto the Bar or Rail at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill Knight her said Majesties Principal Secretary all of them making in their proceeding up thither three Obeysances and the said Speaker being placed there after he had made three other like Obeysances began as followeth RIght Excellent and most Vertuous Prince our Renowned and Dread Soveraign Lady on Tuesday last it pleased your Highness by the Mouth of the Right Honourable the Lord Keeper of the Great Seal for the more ease of the nether House of this Parliament to Command them to go and Assemble themselves and to Elect one being wise discreet and learned to be their Speaker who after a Consultation had with one Voice did Elect me being indeed insufficient as by and for divers Causes I did then to them declare Howbeit whether it were that they being so many wise men together at the Electing of me and therefore would not seem to speak against their own Election or for what other cause I know not but they refused my denial and stood to their said Choice and now present me here to be at your Graces Appointment I therefore knowing my own imbecillity and yet not arrogantly refusing the same as one amongst the Romans chosen from the Plough to a place of Estimation and after to the Plough again even so I a Countryman sit for the same and not for this place most humbly desire your Majesty to discharge me hereof and to appoint some other more able and I as I am bounden will not only pray for your Highness but also serve your Highness and my Country to my power in the place of a Citizen whereunto first I was Elect and appointed Then the Queen Called the Lord Keeper to her declaring to him her Opinion for the Answering of him whereupon he returned to his place and Answered as followeth M r Williams The Queens Majesty hath well heard and pondered your Speech and doth well perceive your modest and humble manner in the disabling your self to that place whereunto her well-beloved Subjects have Elected and Chosen you and now accordingly presented you and hath also heard your Suit for discharge of the said Room and for Answer she hath Commanded me to declare unto you that she commendeth well your modest and humble manner in so disabling your self knowing that Judgment appertaineth to the Caller and not to the party Called And forasmuch as her Majesty is credibly informed as well of your knowledge and experience in other Parliaments as in other great and weighty matters she thinketh now therefore she cannot disable you without some peril to the Realm and the rather for that the wise Knights Citizens and Burgesses have nominated and Chosen you she cannot grant your Petition And besides that your modest Order in disabling your self doth right well declare your ability to furnish the place for which cause the doth allow this Election and Presentation made of you not doubting your care to be such but
of this days Passages as also the greatest part of the business of this ensuing Parliament out of the said Original Journal-Book of the same This day Arthur Hall Esq being brought by the Serjeant to the Bar and Charged by the House with seven several Articles humbly submitted himself to the House and confessed his folly as well touching the said Articles as also his other fond and unadvised Speech at the Bar and was upon the question remitted with a good Exhortation given him by M r Speaker at large Vide concerning this matter on Saturday the 17 th day of this instant May foregoing The Bill for the Jurors of Middlesex was committed unto M r Robert Wroth M r Newdigate M r Dalton M r Cromwell and M r Gent. On Tuesday the 20 th day of May the Bill for the Assurance of Lands late of Sir William and Sir Thomas Woodhouse Knights deceased was read the first time and referred unto Sir John Thynne Sir Robert Wingfield M r Moore M r Grimston M r Norton and M r Snagg to confer with the Parties and their Friends touching their Assents to the proceeding of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for the Town of Shrewsbury was read the third time and passed the House The Proviso to the Bill of Decem tales was twice read and the Bill and Proviso were Ordered to be ingrossed The Bill for Rites and Ceremonies was read the third time and referred to be considered by M r Treasurer Sir Thomas Scott M r Attorney of the Dutchy and others who were appointed to meet this Afternoon in the Star-Chamber On Wednesday the 21 th day of May the Bill between Chatterton and Chatterton was read and committed unto Sir Nicholas Arnold Sir Hen. Gates Sir George Penruddocke Sir Hen. Wallop and M r Cromwell who were appointed to meet here to Morrow Morning at six of the Clock The Bill for the Earl of Kent was read the first time Francis Harrington Esq being one of this House was appointed by the Queens Majesties most Honourable Privy-Council to repair forthwith to the Town of Stamford or thereabouts for her Majesties Service as by his Commission for taking of Post-Horses bearing date the 20 th day of this Month doth and may appear which M r Speaker Commanded to be set down and noted accordingly The Bill for the Earl of Kent was committed unto M r Attorney of the Dutchy Mr. Popham Mr. Bedell Mr. Sandes Mr. Fenner Mr. Dalton Mr. Shute and Mr. Matthew Dale and the opinion of the House was to leave out the general clause contained in the said Bill The Bill for Tales de Circumstantibus was read the third time and passed the House and was sent up unto the Lords with two other Bills of no great moment by Mr. Treasurer and others with further Order from this House to make Declaration unto the Lords of the Choice made by this House upon Monday last in the great Cause And also to desire to understand their Lordships liking of the same Choice and further to pray their good advice and pleasure for further proceeding therein Two Bills also of no great moment had each of them one reading of which the first being the Bill touching Presentations by lapse was read the second time and Ordered to be ingrossed Mr. Treasurer and the residue returning from the Lords Mr. Treasurer made report of their Message done to the Lords and declared that the Lords had resolved in the great cause amongst themselves much to the like effect with the former Choice made by this House And that their Lordships for the better and more speedy proceeding therein do pray present Conference with the former Committees of this House who are by the House appointed to attend their Lordships presently for that purpose And further Commission also was granted to the said Committees to impart unto the Lords Committees the Opinion of this House to be that for her Majesties better safety present Execution be done upon the Duke And the rather by reason of the tract of time which of necessity must arise by occasion of proceeding against the Queen of Scots by way of Charging her in proper Person and hearing of her Personal Answer And further that this Opinion of this House shall be delivered to the Lords of the Upper House in the name of all this House either by the said Lords Committees or else by some of this House if the said Lords Committees shall so advise and think good Vide concerning this matter on Thursday the 26 th day of June ensuing Three Bills lastly had each of them one reading of which the last being the Bill against Hunting and Killing of Conies was upon the first reading rejected On Thursday the 22 th day of May Three Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Callivers Daggs c. was upon the first reading committed unto Mr. Treasurer Sir Maurice Berkeley Sir Nicholas Arnold Sir Henry Wallop and others who were appointed to meet to Morrow in the Star-Chamber at two of the Clock in the Afternoon The Bill for Weekes against Dennis c. was committed unto Sir John Thinne Sir Henry Gates Sir Hen. Wallopp Sir Geo. Turpin and Mr. Moore and others who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Star-Chamber The Bill against Vagabonds and for relief of the Poor was read the second time and referred to be considered by Sir Henry Gates Mr. Serjeant Lovelace Mr. Yelverton and others who were appointed to meet in this House to Morrow at six of the Clock in the Morning Upon Declaration made unto this House by Mr. Speaker from the Queens Majesty that her Highness Pleasure is that from henceforth no Bills concerning Religion shall be preferred or received into this House unless the same should be first considered and liked by the Clergy And further that her Majesties Pleasure is to see the two last Bills read in this House touching Rites and Ceremonies It is Ordered by the House that the same Bills shall be delivered unto her Majesty by all the Privy-Council that are of this House Mr. Heneage and Mr. Doctor Wilson Master of the Requests or by any four of them The Bill to avoid the multitude of Rogues and Vagabonds was read the first time Upon the reading of the Bill Exhibited by Weekes against Dennis it was Commanded by the House to be set down and Entred that in all matters preferred and offered to this Court between any private persons and wherein the Bill shall by Order of this House be thought good to be committed those Committees shall make their Reports thereof unto this House in the presence of both the Parties and of their Learned Councel Three Bills lastly of no great moment had each of them one reading of which the third being
in the Committee Chamber of this House Three other Bills also of no great moment had each of them one reading of which the last being the Bill for addition for paving the street without Aldgate was read the second time and committed to M r Secretary Wilson M r Lieutenant of the Tower Sir William Winter Sir Rowland Hayward Mr. Robert Wroth and Mr. Aldersey who were appointed to meet on Saturday next at two of the Clock in the Afternoon at the Court in Mr. Secretaries Chamber Mr. Doctor Lewes and Mr. Doctor Gibbon did bring from the Lords a Bill touching the Hospital of Ledbury in the County of Hereford Two Bills of no great moment had each of them one reading of which the second being the Bill for Explanation of the Statute against the forging of Deeds and Evidences c. was read the second time and Ordered to be ingrossed Mr. Treasurer moved that the Committees of this House which were yesterday with the Lords might meet together at two of the Clock this Afternoon in the Exchequer Chamber The Bill against counterfeit Instruments and counterfeit Seals of Offices was read the third time and after many Arguments both against the Bill and with the Bill was referred to further Argument till to Morrow next On Friday the 10 th day of February Six Bills of no great moment had each of them one reading of which the first touching Gavelkind Land within the City of Exeter and the last being the Bill for granting of one Subsidy two Fifteenths and Tenths had each of them their first reading On Saturday the 11 th day of February Three Bills of no great moment had each of them one reading of which the second being the Bill for the true making of Woollen-Cloths and the Bill for the abolishing of certain deceitful stuffs used in dying of Cloths were each of them read the second time and committed to the former Committees for Cloths who were appointed on Saturday the 4 th day of this instant February foregoing After sundry further Arguments upon the Bill touching counterfeit Seals it was upon the Question Ordered that Committees be appointed to consider of the Bill as it standeth only in the matter of the Seals of Corporations to be holpen with a Proviso And thereupon also Authority was given unto the former Committees and unto Mr. Thomas Sampoole Sir Thomas Scott Mr. Recorder Mr. Carleton Mr. Norton Mr. S t Leiger Mr. Lewkenor Mr. Cromwell and Mr. Atkins who were appointed to meet upon Monday next in the Morning at seven of the Clock in the Committee Chamber of this House The Bill for Explanation of the Statute for forging of Evidences and Writings was read the third time and passed upon the Question after the amendment of certain words likewise three times read Four Bills also of no great moment had each of them one reading of which the last being the Bill against inordinate selling of Wooll and Yarn was read the second time and committed unto Sir Thomas Bointon Sir William Moore M r George Speak M r Layton M r Keale and others who were appointed to meet at two of the Clock this Afternoon at the Guild-Hall Mr. Cromwell one of the Committees in the Bill for ratification of an award for certain Copyholders in the County of Worcester who were appointed on Monday the 6 th day of this instant February foregoing brought in the Bill with the amendment of one Letter in a mans name viz. Dallowe for Ballowe and also with an Addition of a general saving Which being twice read the Bill upon the Question was Ordered to be ingrossed M r Secretary Wilson one of the Committees for the paving of a Street without Aldgate who were appointed on Thursday the 9 th day of this instant February foregoing brought in the Bill which being amended in these words put out viz. the same and these words put in viz. the lately paved which words being twice read the Bill was upon the Question Ordered to be ingrossed The new Bill against the Erecting of Iron Mills near the City of London and River of Thames was read the first time Mr. Serjeant Anderson and Mr. Doctor Barkley did bring word from the Lords that their Lordships do desire that the Committees of this House appointed to meet with their Lordships in the Bill for Religion do meet with them to Morrow at two of the Clock in the Afternoon in the Star-Chamber Whereupon the House being moved it was resolved they should so do and so it was Answered unto the said Mr. Serjeant Anderson and Mr. Doctor Barkley accordingly Mr. Serjeant Anderson and Mr. Doctor Clark did bring from the Lords a Bill touching the fortifying of the Borders towards Scotland After sundry Arguments made to the Bill last read it is upon the doubtfulness in the Answer to the Question resolved upon the Division of the House that the Bill to be drawn by the Committees shall contain the number of eighteen Miles distant from the City of London by the difference of forty three persons And upon another Question clearly resolved that the same Bill so to be drawn shall contain but eight Miles from the River of Thames And upon another Question it is Ordered that the House be called upon Thursday next at two of the Clock in the Afternoon Nota That there is no mention made of Monday the 13 th day of this instant February or of any Passages thereof in the House of Commons in the Original Journal-Book of the same House and it may thereupon be very probably concluded that the said House sate not upon the said day which may seem the more strange also because the Lords of the Upper House did sit On Tuesday the 14 th day of February the Bill for ratification of an award made between William Hide Esq and William Darrell Esquire was read the second time and committed unto Mr. Chancellor of the Exchequer Mr. Serjeant Flowerdewe Mr. Cromwell Mr. Boyes and Mr. Norton and the Bill was delivered to Mr. Norton Two 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 32 H. 8. for limitation of prescription was read the second time and committed unto Mr. Serjeant Fenner Mr. Serjeant Flowerdewe and Mr. Cromwell and the Bill was delivered to the said Mr. Cromwell M r Vice-Chamberlain for himself and the residue of the Committees appointed to Examine M r Hall the Printer the Scrivener and all other persons privy to the setting forth and publishing of the Book declared that they had charged the said M r Hall with contempt against this House the last Session in that being injoined by this House to appear he departed out of Town in contempt of the Court and afterwards testified the same his wilful contempt by an unseemly Letter addressed by him to this House and charged him further with divers Articles of great importance selected by the said Committees out of
the said Book as first with publishing the Conferences of this House abroad in Print and that in a Libel with a counterfeit name of the Author and no name of the Printer and containing matter of infamy of sundry good particular Members of the House and of the whole State of the House in general and also of the Power and Authority of this House affirming that he knew of his own knowledge that this House had de facio judged and proceeded untruly And was further charged that he had injuriously impeached the memory of the late Speaker deceased and had impugned the Authority of this House in appointing Committees without his assent and that in defacing the credit of the Body and Members of this House he practised to deface the Authority of the Laws and Proceeding in the Parliament and so to impair the Ancient Orders touching the Government of the Realm and Rights of this House and the form of making Laws whereby the Subjects of the Realm are governed And further was charged that since his being before the Lords of the Council for his said offence and after that he had received rebuke of them for the same and had offered some form of a submission he had eftsoon again published the said Book and that whereas upon his Examination in the House he had denied the having any more than one of the said Books it was yet proved he had twelve or thirteen and six of them since the time he was called before the said Lords of the Council Unto all which things as the said M r Hall could make no reasonable Answer or denial so the said M r Vice-Chamberlain very excellently setting forth the natures and qualities of the said offences in their several degrees moved in the end that M r Hall being without at the Door might be called in to Answer unto those points before the whole House and so thereupon to proceed to some end and therewithal perswading a due consideration of spending the time as much as might be in matters of greatest moment wherein much less hath been done this Session than in any other these many years in like quantity of time And thereupon after divers other Motions and Speeches had in the said matter the Printer was brought to the Bar and being Examined avowed that M r Hall after that he had been before the Lords of the Council came to him and told him that he had Answered the matter for the Books before the Council and that therefore the Printer might deliver the said Books abroad and also where the said Printer wished unto the said M r Hall since his last committing that all the said Books had been burned before he medled with them M r Hall should say to him again he would not for a hundred pound And then being sequestred M r Hall was brought to the Bar where after some reverence done by him though not yet in such humble and lowly wise as the state of one in that place to be charged and accused requireth whereof being admonished by M r Speaker and further by him charged with sundry of the said parts collected out of the said Book he submitted himself to the House refusing to make any Answer or defence at all in the matter but acknowledging his errour prayed pardon of the whole House with all his heart and that done was sequestred After which upon sundry Motions and Arguments had touching the quality and nature of his faults and of some proportionable forms of punishment for the same as Imprisonment Fine banishment from the Fellowship of this House and an utter Condemnation and retractation of the said Book it was upon the Question resolved by the whole House without any one negative voice that he should be committed to Prison And upon another Question likewise resolved that he should be committed to the Prison of the Tower as the Prison proper to this House And upon another Question it was in like manner resolved that he should remain in the said Prison of the Tower by the space of six Months and so much longer as until himself should willingly make a Retractation of the said Book to the satisfaction of this House or of such Order as this House shall take for the same during the continuance of this present Parliament And upon another Question it was also in like manner resolved that a Fine should be assessed by this House to the Queens Majesties use upon the said M r Hall for his said offence And upon another question it was also resolved in like manner that the said Fine should be five hundred Marks And upon another Question also it was likewise resolved that the said M r Hall should presently be severed and cut off from being a Member of this House any more during the continuance of this present Parliament and that M r Speaker by Authority of this House should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery for awarding of the Queens Majesties Writ to the Sheriff of the said County of Lincoln for a new Burgess to be returned into this present Parliament for the said Borough of Grantham in lieu and stead of the said Arthur Hall so as before disabled any longer to be a Member of this House And upon another Question it was also in like manner resolved that the said Book and slanderous Libel should and shall be holden deemed taken and adjudged to be utterly false and erroneous and that the same shall be publickly testified affirmed and set forth to be false seditious and erroneous in such sort order and degree as by this House shall be during this Session of Parliament further determined in that behalf Which done the said M r Hall was brought in again to the Bar unto whom M r Speaker in the name of the whole House pronounced the said Judgment in form aforesaid and so the Serjeant Commanded to take charge of him and convey him to the said Prison of the Tower and to deliver him to M r Lieutenant of the Tower by Warrant from this House to be directed and signed by M r Speaker for that purpose Which done and the said M r Hall being had away by the Serjeant it was agreed upon a Motion made by M r Speaker that the whole course and form of the said Proceedings and Judgment of this House against the said M r Hall should be afterwards orderly digested and set down in due form to be first read in this House and then so Entred by the Clerk as the residue of the Orders and Proceedings of this House in other Cases are used to be done and so it was afterwards drawn into form read unto the House and Entred by the Clerk accordingly in haec verba viz. Where it was informed unto this House upon Saturday being the fourth day of this present February that Arthur Hall of Grantham in the County of Lincoln Esq had sithence the last Session of this Parliament made
Lordships by M r Treasurer and others from the said House The Bills lastly for reformation of Informers and for Actions upon the Case to be brought in their proper Counties were appointed to be dealt in in the Exchequer-Chamber at two of the Clock this Afternoon by the Committees of the same Bills upon warning thereof given unto them by this House at the motion of M r Chancellor of the Exchequer On Monday the 7 th day of December three Bills of no great moment had each of them their first reading of which the second being the Bill concerning the Town of Richmond was rejected upon the Question Quod nota The third Bill also being for the assurance of certain Messuages and Lands late Edward Fishers unto George Chewne Esquire and others in Fee simple was upon the first reading committed unto M r Recorder M r Morrice M r Sandes and M r Clement Fisher and it was Ordered That the said M r Edward Fisher shall have word thereof by the Serjeant of this House this present day and a reasonable time given him to attend upon the said Committees and to be heard if he will what he can say why the said Bill should not pass this House Nota also that this Bill was here committed upon the first reading De qua vide plus on Monday the 22 th day of February following M r Chancellor of the Exchequer in the name of himself and the other Committees for the Bill for reformation of disorders in common Informers shewed that they had met together and had conference touching the same Bill and have in some parts amended the same and added thereunto and so offered it to the House Whereupon the said Bill being with the amendments and additions twice read was ordered to be ingrossed The Bill for the more reverent observation of the Sabbath day and the Bill concerning Boxted Clothes with the amendments and additions of the Lords allowed and thrice read and passed were sent up unto them by the House of Commons by Mr. Comptroller and others Vide plus concerning the Bill of the Sabbath on Wednesday the 17 th day of March following The Committees in the Bills for Hue and Cry for true answering of Tithes and against Tryals by partial Juries were appointed to meet in the Middle Temple-Hall to morrow at two of the Clock in the Afternoon upon Consideration that the most part of the Committees are to meet this Afternoon in the great Committee M r Comptroller and M r Lieutenant of the Tower were appointed by the House to examine the affray even now made in the White-Hall or Court of Requests as M r Comptroller and the residue were carrying up the two last mentioned Bills to the Lords The Bill touching Suffolk-Cloths was read the second time and committed unto M r Treasurer M r Comptroller M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Robert Germin Sir William Drurie M r Rawleigh and others and the Bill was delivered to M r Treasurer who with the rest was appointed to meet upon Thursday next being the 10 th day of this instant December following at one of the Clock in the Afternoon in the Exchequer Chamber The Committees also in the Bill against the delay of Justice were appointed to meet upon Wednesday next being the 9 th day of this instant Month of December in the Afternoon but the hour is not specified in the Exchequer Chamber The Bill lastly for bringing in of staple Fish and Ling was upon the second reading committed unto Sir Francis Drake M r Fenner M r Grice Sir Edward Dymock and others and the Bill was delivered to the said Sir Edward Dymock who with the rest was appointed to meet on Thursday the 10 th day of this instant December following at one of the Clock in the Afternoon in the Exchequer Chamber On Tuesday the 8 th day of December the Bill for preservation of Timber in the County of Sussex was read the second time and committed unto M r Comptroller Sir Thomas Shirley Sir Philip Sidney M r Alsord M r Robert Sackvile and others who were appointed to meet on Saturday the 12 th day of this instant December following at two of the Clock in the Afternoon in the Star-Chamber Court Upon a Motion made by M r Speaker for the opinion of this House touching the validity of some Knights returned for some Shires of this Realm not being as it is supposed chosen at the next County after the date of the Writ of Summons of this Parliament and after some Speech also therein offered by M r Bevill by which he seemed to suspect that the matter of the Motion tended to and concerned himself and M r Darrington returned Knights for the Shire of Huntington it was referred unto M r Treasurer M r Vice-Chamberlain Mr. Sollicitor and Mr. Recorder of London who were appointed to meet on Saturday the 12 th day of this instant December following in the Forenoon but no hour specified in the Exchequer Chamber Vide plus concerning this matter on Saturday the 12 th day and on Monday the 21 th day of this instant December ensuing Upon a Motion made unto this House by Mr. Lieutenant of the Tower that the Armour of Papists being Recusants might not remain in their own Custody It was Ordered that Mr. Sandes and Mr. 〈◊〉 do draw a Bill to that end The Committees in the Bill against the delay of Justice were appointed to meet upon Friday the 11 th day of this instant December following at two of the Clock in the Afternoon in the Exchequer Chamber On Wednesday the 9 th day of December Three Bills of no great moment had each of them one reading of which the last touching Banners Curriers Shoomakers c. was upon the second reading committed unto Mr. Sollicitor Sir William Moor Mr. Recorder of London Mr. Dalton and others who were appointed to meet upon Monday the 14 th day of this instant December following at one of the Clock in the Afternoon in the Guild-Hall The Bill for redress of disorders in common Informers was after the third reading and many Arguments committed again to the former Committees Mr. Treasurer and Mr. Vice-Chamberlain being added unto them Mr. Sollicitor Mr. William Moore Mr. Recorder of London Mr. Harne Mr. Morice Mr. Dilton Mr. Francis Bacon Mr. Beale and Mr. Owen who were appointed to meet upon Saturday the 12 th day of this instant December following at one of the Clock in the Afternoon but no place mentioned where Nota That this Bill was committed upon the third reading having been formerly committed upon the second which is not usual Another Bill also of no great moment concerning Sheriffs was upon the second reading committed but to whom it was committed or when and where the said Committees should meet is not at all set down in the Original journal-Journal-Book of the House of Commons but seemeth to have been omitted through the negligence of M r Fulk Onslow at
this time Clerk of the same On Thursday the 10 th day of December Two Bill of no great moment had each of them their first reading of which the first was the Bill for the preservation of Plymouth Haven M r Serjeant Gawdy and M r Attorney General did bring a Message from the Lords that their Lordships do pray Conference with some of this House to join with a Committee of their Lordships touching the Bill lately passed this House and sent up unto their Lordships for the better and more reverend observing of the Sabbath day Whereupon M r Treasurer M r Comptroller Mr. Vice-Chamberlain the Lord Russell Sir William Herbert Sir William Moore Mr. Edward Lewkenor Mr. Francis Hastings and Mr. George Moore were appointed by this House to attend their Lordships therein to Morrow at two of the Clock in the Afternoon in the Parliament Chamber Vide concerning this matter of the Sabbath on Wednesday the 17 th day of March following The Bill against dying with Sumach and some other Bills wholly omitted through the negligence of the Clerk and therefore seem to have been of no great moment were upon the second reading committed unto Mr. Treasurer Mr. Recorder of London Mr. Hutton Mr. Henry Nevill and others and the Bills were delivered to the said Mr. Henry Nevill who with the rest were appointed to meet upon Monday next the 14 th day of this instant December following in the Afternoon in the Middle-Temple Hall The Bill also against vicious life and idleness was upon the second reading committed unto Sir William Herbert Sir Edward Dymock and others and the Bill was delivered to the said Sir Edward Dymock who with the rest were appointed to meet to Morrow at one of the Clock in the Afternoon in the Middle-Temple Hall Mr. Recorder one of the Committees appointed on Monday the 7 th day of this instant December foregoing in the Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-Simple according to the true intent and meaning of certain Conveyances unto them by the said Edward Fisher made reported to the House that upon Examination by himself and the other Committees therein had and also by comparing and conferring the Contents of the preamble of the said Bill with the Conveyances of the premisses and also with the Judgment upon the forgery in the Star-Chamber and also of their Conferences had with the said Edward Fisher and Katherine his Wife as well together as a part and asunder touching the premisses and circumstances of the same they have amended the said Bill according to the said Conveyances not only in the form thereof but also in the principal matter and substance and offered both the said Bill so amended the said Evidences or Conveyances being two several Deeds indented and inrolled in the Court of Chancery and also the said Judgment in the Star-Chamber exemplified under the Great Seal of England Whereupon the Bill was presently read and the said amendments also twice read and so the Bill thereupon Ordered to be ingrossed Vide plus on Monday the 22 th day of February following On Friday the 11 th day of December Six Bills of no great moment had each of them one reading of which the Bill concerning the aforesaid business of Edward Fisher and for the assurance of certain Lands lately sold by him unto George Chewne Esquire and others in Fee-simple did pass upon the third reading Vide plus on Monday the 22 th day of February following Mr. Vice-Chamberlain in the behalf of himself and of the residue of the Committees in the great Causes shewed unto the House that they have had sundry Meetings together and endeavoured to draw two several Bills to such ends as they thought fittest and having one of the said Bills ready drawn but not the other yet for want of longer time to meet and which yet cannot now be before Monday next offered unto the said House the Bill that was ready drawn But what the Title of the Bill was or what these great matters were is wholly omitted through the Clerks negligence yet it may be probably conjectured that they were concerning the Subsidy and Religion or the Bill for the preservation of her Majesties most Royal Person De qua vide on Monday the 14 th day of December following The Bill lastly touching Grants by Corporations was upon the second reading committed unto M r Comptroller M r Recorder and others But the time and place appointed for their meeting is in the Original Journal-Book of the House of Commons through the Clerks negligence wholly omitted On Saturday the 12 th day of December Notice being given to the House of one M r Hall a Member of the same that had not attended all this Parliament it was Ordered that the Serjeant should give him warning to attend upon Monday next Vide plus in fine hujus diei Mr. Recorder of London and Mr. Sollicitor were appointed by the House to examine the Record of the return of Mr. Bevill and Mr. Darrington the two Knights chosen for the Shire of Huntington and of the circumstances thereof Nota That the Recorder of London is in this place and in all other Passages of this Journal for the most part named and ranked before the Queens Sollicitor although his place at this time be after him Mr. Bevill one of the Knights returned for the said County of Huntington declared that he was charged by a Member of this House that he had lied in his former Speech to this House touching the Declaration of the manner of chusing himself and Mr. Darrington Knights for the Shire of Huntington wherein as he taketh himself to be very much abused being a Member of this House so appealing himself to the same he prayed remedy and order to be given therein by this honourable House upon the hearing of the cause Vide plus concerning this matter on Tuesday the 8 th day of this instant December foregoing as also on Monday the 21 th day of the same Month following The Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-simple was sent up to the Lords by Mr. Treasurer and others Vide de ista materia on Monday the 22 th day of February following Mr. Serjeant Gawdy and Mr. Attorney General did bring from the Lords a Bill for remedy against fraudulent Conveyances with recommendation thereof from their Lordships to this House and request also for present Conference with the Committees of this House touching the Bill for the observation of the Sabbath day Of which see more on Wednesday the 17 th day of March following Sir William Knolles Mr. Fanshaw and others were appointed Committees this Afternoon to meet in the Middle-Temple Hall about the Oath for Sheriffs c. Three Bills of no great moment had each of them one reading of which the last being the Bill
effect and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign c. As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit and in the Original Journal-Book of this Parliament where the presence of the Lords is noted he is always ranked in the first place as the Lord Chancellor should have been if he had been present with this Addition after the setting down of his name and place Locum tenens Cancellarii in such Order as followeth viz. Archiepiscopus Cantuarien Edmundus Anderson Miles Justiciar de Communibus Placitis Locum tenens Cancellarii Comes Sussex Comes Hartford Comes Lincoln Vice-Comes Bindon Episcopi Episcopus Winton Episcopus Sarisburien Episcopus Rofsen Episcopus Hereforden Barones Dominus Howard Admirallus Dominus Hunsdon Camerarius Dominus Morley Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Stourton Dominus Sandes Dominus Cromwell Dominus Windsor Dominus Sheffield Dominus North. Dominus S t John de Bletsoe Dominus Compton Dominus Norris Which are all the Peers the Journal-Book noteth to have been present Nota That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting partly because it was after a long Adjournment and partly because many Lords did send new Proxies So that the presence of the Lords before set down at the beginning of this Parliament on the 29 th day of October being Saturday could not serve to be any rule for the presence of those that attended at this new meeting Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be omitted on the said first day A second but less material cause why I have their names transcribed is to see the due places and precedencies of the Lords Temporal On this 15 th day of February lastly although this were neither new Parliament nor new Session but meerly a second meeting of one and the same Parliament as hath been already observed was one unusual or extraordinary Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien ' Welien ' in quibus Procuratores suos constituit Thomam Episcopum Wintonien ' Thomam Episcopum Cicestren ' Willielmum Episcopum Coventrien ' Litchfield ' The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof on which said day this Parliament began where also it is set down why those ordinary ones are for the most part omitted Other unusual Proxies returned also at this new meeting of Parliament vide on Friday the 17 th day on Sunday the 19 th day and on Saturday the 25 th day of this instant February All which I have ever caused to be set down upon the several days on which they were returned if the said day be particularly expressed and not altogether before the beginning of the Parliament as is usually observed in the Original Journal-Books of the Upper House Nota Lastly that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter the second on the same Day from Richard Bishop of Durham the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor and the fifth and last on the same day from William Bishop of S t Asaph Which with many other precedents of a like nature frequent almost in every Parliament doth plainly prove that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him by the ancient Customs and Usages of that House although the contrary hath been of late ordered upon the ..... day of ..... in the Parliaments in Anno secundo Regis Caroli Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent as is before observed by reason of sickness did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after Nota That during this intervenient time of Adjournment three unusual Proxies were delivered in unto the Clerk of the Parliament the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following viz. 17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague in quibus Procuratores suos constituit Ambrosium Comitem Warwici Robertum Comitem Leicestren 19 o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Thomam Episcopum Winton ' Johannem Episcopum Roffen ' Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien ' Johannem Episcopum London Thomam Episcopum Wintonien Nota That here a Temporal Lord constituted two Proctors and two Spiritual Lords nominated each of them three which being extraordinary and unusual Proxies are well worthy the observation Vide intrationes Literarum consimilium procurator ' die Saturni die 29 o Octobris praecedentis in fine dici die Mercurii die 15 o Februar jam instantis antea die Saturni die vicesimo quinto ejusdem Febr ' postea On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 23 d day of February the Lords met but it seems nothing was done but only the Parliament continued unto a further day the Entrance whereof in the Original journal-Journal-Book is in manner