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
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-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-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
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-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-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
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-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
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-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
them read the second time and committed unto M r Recorder of London Mr. Serjeant Fenner Mr. Sands Mr. Grevill Mr. Christmas Mr. Boyes Mr. Cromwell and Mr Newdigate Mr. Henry Knolles the younger and Mr. Townesend were appointed to be with Mr. Speaker at this House at two of the Clock this Afternoon to examine the matter of Outlawry pretended against Walter Vaughan Esquire Knight for the County of Caermarthen And that the said Mr. Vaughan be then there present to Answer therein for himself as well as he can and the said Committees to make report unto this House of the state of the Case to the end this House may thereupon proceed to order accordingly Vide concerning this matter on the 18 th day of this instant February following Mr. Secretary Wilson declaring the travel of the Committees in Examining of the Printer that did Print Mr. Halls Book signified unto this House that the said Printer whose name is Henry Bynnyman upon his Examination before the Committees said that one John Wells a Scrivener in Fleetstreet did deliver the written Copy to him and when the Book was Printed he delivered one Book to Henry Shirland in Fridaystreet Linnen-Draper to be sent to Mr. Hall and that afterwards about a year past he delivered to Mr. Hall six of the said Books and at Michaelmas Term last six other of the said Books and one more to Mr. Halls man shortly after and said that Mr. Hall promised to get him a Priviledge whereupon he adventured he saith to Print the Book and saith that the Copy was written by Wells the Scrivener and that he received of the said Shirland Linnen-Cloth to the value of 6 l 13 s 4d. for Printing the said Book And that he staid of his own accord the publishing of the said Books till he were paid where Mr. Hall was contented that they should have been put to sale presently Which report so made by Mr. Secretary and withal that Mr. Hall and the Printer were both then at the Door the said Mr. Hall thereupon was brought to the Bar and being charged by Mr. Speaker in the behalf of the whole House with the setting forth the said Book containing very lewd and slanderous reproach not only against some particular Members of this House but also against the general State and Authority of this whole House denied not the setting forth of the said Book protesting the same to be done by him without any malicious intent or meaning either against the State of this House or against any Member of the same praying this whole House if he had offended in so doing they would remit and pardon him affirming withal very earnestly that he never had any more than one of the said Books and upon due consideration of his own rashness and folly therein willed that all the said Books should be suppressed and then was Mr. Hall sequestred Henry Bynnyman the Printer was brought to the Bar who affirmed in all things as Mr. Secretary Wilson before reported and further that he had Printed fourscore or an hundred of the said Books and was thereupon sequestred Henry Shirland was brought to the Bar who there confessed that Mr. Hall did write a Letter unto him and sent the said Book unto him willing him to get it Printed And that thereupon he delivered the Book to the said Bynnyman to have it Printed Wells the Scrivener being present with him and said further that Mr. Hall had paid him again the twenty Nobles which he before had paid the Printer and so he was then sequestred And the said Wells brought to the Bar upon his Examination saith that when he was Apprentice with one Mr. Dalton a Scrivener in Fleetstreet the said Mr. Hall lying then about Pauls-Wharf sent unto his said Master to send one of his Men unto him and that thereupon his said Master sent him unto the said Mr. Hall who when he came delivered to him a Book in written hand willing him to carry it home with him and Copy it out and said that when he had shewed it to his Master his Master Commanded him to write part of it and his Fellows some other part of it and his said Master as he remembreth did write the rest of it What his Master had for the writing of it he knoweth not And being further Examined saith that yesterday last past he delivered one of the said Books to Sir Randal Brierton from the said Mr. Hall and then the said John Wells was sequestred And afterwards all the Privy-Council being of this House Mr. Knight Marshal Mr. Recorder of London Mr. Serjeant Flowerdewe Mr. S t Leiger Mr. Cromwell Mr. Atkins the Master of the Jewel-House Sir Thomas Browne Sir Thomas Scott Mr. Nathanael Bacon Mr. Beale Mr. Norton and Mr. Alford were added to the former Committees for the further proceeding to the Examination of the matter touching Mr. Hall the Printer the Scrivener and all other persons Parties or privy to the publishing of the said Book set forth in Print by the means and procurement of the said Mr. Hall and to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Which done Mr. Hall being brought to the Bar again Mr. Speaker declared unto him that this House mindeth further to examine the particularities of the matter wherewith they have charged him and do therefore commit him to the Serjeants Ward with this Liberty that upon Wednesday next in the Afternoon being accompanied with the Serjeant he may attend at the Exchequer Chamber upon the Committees in the Cause and was thereupon had out of the House Henry Bynnyman the Printer John Wells the Scrivener and Henry Shirland Linnen-Draper being brought all three to the Bar were by Mr. Speaker injoined in the name of the whole House to give their attendance upon the said Committees at the time and place aforesaid and also at all times in the mean season thereof if they shall happen to be called by them or any of them and so were had out of the House And further it is Ordered by this House that Mr. Speaker do send the Serjeant for John Dalton late Master of the said John Wells and to charge him also to attend upon the said Committees at the said time and place in like manner Vide concerning this matter on Tuesday the 14 th day of this instant February following On Tuesday the 7 th day of February the Bill for the Cloth-Workers of London was read the second time and committed to the former Committees in the Bill for Cloths called Tauntons and Bridgwaters who were appointed on Saturday the 4 th day of this instant February foregoing Mr. Treasurer one of the Committees for the great causes brought in a Bill for restraint of disobedient Subjects and also Articles for the granting of the Subsidy which Articles were then read by the Clerk and agreed by the whole House to be delivered by Mr. Speaker to Mr. Attorney General to draw a
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-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
certain Houses in Westminster suspected of receiving and harbouring of Jesuits Seminaries or of Seditious and Popish Books and Trumperies of Superstition On Saturday the 25 th day of February the Bill for the limitation of Time of Errors growing by Fraud had its second reading and the Committees appointed for the Bill of Fines and Recoveries on the day foregoing are also appointed for this said Bill to meet at Serjeants-Inn in Fleetstreet at two of the Clock in the Afternoon and the Bill was delivered to M r Recorder of London Two other Bills also of no great moment had each of them one reading of which the last being the Bill for Attainder was upon the second reading committed to all the Privy Council of this House Sir Henry Knyvet M r Recorder of London M r Francis Bacon M r Morrice and others who were appointed to meet upon Tuesday in the Exchequer Chamber at two of the Clock The Bill delivered by M r Speaker to the Right Honourable Sir Francis Knowles On Munday the 27 th day of February the House was informed by M r Harris that one William White had arrested M r Martin a Member of this House Therefore it is ordered by the House that the Serjeant should warn White to be here to morrow sitting the Court. Vide plus de ista materia die Sabbat die 11 o Mar ' prox ' Two Bills of no great moment had each of them one reading of which the first being the Bill for delay of execution of Justice by Writs of Error was committed unto M r Sollicitor Sir Henry Knyvet M r Recorder M r Cromwell M r Dalton and others and the Bill was delivered to M r Cromwell and all these to meet on Tuesday next at Serjeants-Inn Hall in Chancery Lane at two of the Clock in the Afternoon The same day M r Cope first using some Speeches touching the necessity of a learned Ministry and the amendment of things amiss in the Ecclesiastical Estate offered to the House a Bill and a Book written the Bill containing a Petition that it might be Enacted that all Laws now in force touching Ecclesiastical Government should be void And that it might be Enacted that that Book of Common Prayer now offered and none other might be received into the Church to be used The Book contained the form of Prayer and Administration of Sacraments with divers Rites and Ceremonies to be used in the Church and desired that the Book might be read Whereupon M r Speaker in effect used this Speech For that her Majesty before this time had commanded the House not to meddle with this matter and that her Majesty had promised to take order in those Causes he doubted not but to the good satisfaction of all her people he desired that it would please them to spare the reading of it Notwithstanding the House desired the reading of it Whereupon M r Speaker willed the Clerk to read it And the Court being ready to read it M r Dalton made a motion against the reading of it saying that it was not meet to be read and that it did appoint a new form of Administration of the Sacraments and Ceremonies of the Church to the discredit of the Book of Common Prayer and of the whole State and thought that this dealing would bring her Majesties indignation against the House thus to enterprize the dealing with those things which her Majesty especially had taken into her own charge and direction Whereupon M r Lewkenor spake shewing the necessity of Preaching and of a learned Ministry and thought it very fit that the Petition and Book should he read To this purpose spake M r Hurleston and M r Bainbrigg and so the time being passed the House brake up and the Petition nor Book read This done her Majesty sent to M r Speaker as well for this Petition and Book as for that other Petition and Book for the like effect that was delivered the last Session of Parliament which M r Speaker sent to her Majesty Vide 2 d Mar ' and the 4 th of Mar. On Tuesday the 28 th day of February her Majesty sent for M r Speaker by occasion whereof the House did not sit On Wednesday the first day of March M r Wentworth delivered unto M r Speaker certain Articles which contained questions touching the Liberties of the House and to some of which he was to answer and desired they might be read M r Speaker required him to spare his motion until her Majesties pleasure was further known touching the Petition and Book lately delivered into the House but M r Wentworth would not be so satisfied but required his Articles might be read Then M r Speaker said he would first peruse them and then do that were fit This is all that is found in the Original Journal-Book of the House of Commons touching this matter and therefore in respect of the weight of it having as I conceive a very authentick and true Copy both of the Speech and Articles at large I thought good to have them fully inserted in manner and form following viz. M r Speaker For as much as such Laws as God is to be honoured by and that also such laws as our Noble Soveraign and this worthy Realm of England are to be enriched strengthened and preserved by from all foreign and domestick Enemies and Traytors are to be made by this Honourable Council I as one being moved and stirred up by all dutiful love and desirous even for conscience sake and of a mind to set forwards God's Glory the wealth strength and safety of our natural Queen and Commonweal do earnestly desire by question to be satisfied of a few questions to be moved by you M r Speaker concerning the liberty of this Honourable Council for I do asture you I praise my God for it that I do find in my self a willing mind to deliver unto this Honourable Assembly some little taste and account of that simple Talent which it hath pleased God of his singular favour and goodness to bestow upon me to gain to his Highness honour and Glory and to shew unto my noble Prince and Commonwealth true faithful and dutiful service of the which mind I am sure M r Speaker here are many godly faithful and true hearted Gentlemen in this Honorable Assembly howbeit the want of knowledge and experience of the liberties of this Honourable Council doth hold and stay us back For as we have a hearty desire to serve God her Majesty and this noble Realm even so are we fearful and loth to give or offer any offence to her Majesty or unto her Laws the which we presume we shall not do if keep our selves within the Circle of them and no man can observe that whereof he is ignorant Wherefore I pray you M r Speaker eftsoons to move these few questions by question whereby every one of this House may know how far he may proceed in this Honourable Council in matters that concern the
She did find in her Navy all Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subject's but a petty King's wealth As for her own private Expences they have been little in building she hath consumed little or nothing in her pleasures As for her Apparel it is Royal and Princely beseeming her Calling but not sumptuous nor excessive The Charges of her House small yea never less in any Kings time And shortly by Gods grace she will free her Subjects from that trouble which hath come by the means of Purveyors Wherefore she trusteth that every good subject will assist her Majesty with his Purse seeing it concerns his own good and the preservation of his estate For before that any of us would lose the least member of his body we would bestow a great deal and stick for no Cost nor Charges How much more ought we in this political Body whereof not only a member but the whole is in jeopardy if we do not once hast to the preservation thereof And for these Subsidies which are granted now adays to her Majesty they are less by half than they were in King Henry the 8th's time Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies yet she had truly repaid and answered every one fully He desired the matter might be put to a Committee Sir Edward Stafford spake next to the like effect but what his said Speech was is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present M r Francis Bacon spake last whose Speech was to the effect following viz. M r Speaker That which these Honourable Personages have spoken of their Experiences May it please you to give me leave likewise to deliver of my common knowledge The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys The one being the Sinews of Peace the other of War To the one I am not privy but the other I should know I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly nor at one Parliament nor scarce a whole year would suffice to purge the statute-Statute-Book and lessen the Volume of Laws being so many in number that neither Common People can practise them nor the Lawyer sufficiently understand them Than the which nothing should tend more to the praise of her Majesty The Romans appointed ten men who were to correct and recal all former Laws and to set forth those Twelve Tables so much of all men to be commended The Athenians likewise appointed six for that purpose And Lewes the 9 th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches out of which they are all taken yet it should seem that the main end and scope of the ensuing particulars of this Speech which are omitted were for the appointing of a select and grave Committee both to consider of the dangers of the Realm and of speedy supply and aid to be given to her Majesty And thereupon after the Conclusion of this Speech of M r Francis Bacon's the House did accordingly nominate the said Committee to deliberate and consult in what proportion they might now to relieve her Majesty with Subsidies in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions The names of which said Committees are set down in the Original Journal-Book of the House of Commons though omitted in that other before-mentioned taken by the said Anonymus in manner and form following viz. All those of this House which are of her Majesties Privy-Council all the Members of this House which are returned Knights for the Counties Sir Walter Raleigh Sir Thomas Cecill M r George Moore Sir Henry Unton M r Wroth Sir Thomas Wilkes M r Francis Bacon M r Nathanael Bacon M r George Cary M r Beale M r Fulk Grevill M r Attorney of the Wards M r Attorney of the Dutchy Sir John Paton M r Robert Sackvill Sir Francis Hastings all the Serjeants at Law which were Members of this House Sir John Hare M r Doctor Caesar M r Doctor James M r William Haward M r Sands Sir Robert Sidney M r Fanshaw Sir Thomas West Sir John Warrington Sir Thomas Read Sir Francis Drake M r Thomas Fane M r Vincent Skinner Sir William Moor M r Fuller M r Heyle M r John Hare M r Shinne M r Christopher Blount M r Edward Lewkenor Sir William Bowes Sir John Wingfield M r Tasborough Sir Edward Stà fford M r Lawrence Fanshaw M r Nicholas Saunders M r Doctor Lewen Sir Thomas Flodd Sir Francis Gudolphin Sir Francis Vere M r Edward Dyer M r Conisby M r Boyse M r Apselie and M r Emersam should be nominated and appointed to have Conference in the said Cause and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon On Tuesday the 27 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Woollen Cloaths called Vesses Rayes c. was read the first time M r Morrice Attorney of the Court of Wards moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition subscription and binding absolution contrary he said to the honour of God the Regality of her Majesty the Laws of this Realm and the liberty of the Subjects of the same compelling them upon their own Oaths to accuse themselves in their own private actions words and thoughts if they shall take such Oaths because they know not to what questions they shall answer till after the time they be sworn And also after such Examination proceed against them by deprivation degradation or suppression upon such their own Accusations of themselves And if they refuse to take such Oath then they commit them to Prison and there keep and detain them at their own pleasure not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities and offereth unto M r Speaker two Bills the one concerning the said Inquisitions subscriptions and offering of Oaths and the other concerning the Imprisonments upon their refusal to the said Oaths praying that the said latter Bill which concerneth the said Imprisonments might be read and the
it is in defence of the Religion of God of our most gracious Soveraign and of our natural Country of our Wives our Children our Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty I shortly say to your Lordships quod justum est necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due maintenance for the same And to you of the House of Commons to the end you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is you should according to your accustomed manner go down to the Lower House and there make choice of some grave wise and Learned man among you to be your Speaker who shall be for an understanding sufficient and for discretion fit as your Mouth to signify your minds and to make your Petitions known to her Highness and him on Thursday next to present in this place Nota that this foregoing Speech of the Lord Keeper is not found in the Original journal-Journal-Book of the Upper House but is supplied by me out of a Copy thereof lying by me which I conceive to have been very truely transcribed out of the Original and I have always conceived it most proper to refer this and such like other Speeches if warranted by any good authority to the Journal of the said Upper House because they are delivered in it and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses were departed down to their own House the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French which were as followeth viz. Receivers of Petitions for England Ireland France and Scotland Sir John Popham Lord Chief Justice John Clinch one of the Justices of the Kings Bench Francis Gaudy one of the Justices of the said Bench Dr. Carew and Dr. Stanhop Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Willam Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the said Common Pleas Dr. Lewen and Dr. Cousins and they who will deliver Petitions to deliver them within six days Tryers of Petitions for England Ireland Wales and Scotland The Arch-Bishop of Canterbury the Marquess of Winchester the Earl of Sussex great Marshal the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England the Bishop of London the Bishop of Winchester the Lord Cobham and the Lord North. All these Lords and Prelats or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants shall hold their place when their leisure serveth in the Chamberlains Chamber Tryers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles The Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Worcester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst All these Lords and Prelats or any four of them calling unto them the Queens Serjeants and also the Queens Attorney and Sollicitor when their leisure serveth shall hold their place in the Treasurers Chamber The Lord Burgh absent being at this time Lord Deputy of Ireland The Lord De la Ware absent because he made question of his place intending to make Suit to the Parliament concerning the same Dicto 24 o die Octobris viz. Primo die hujus Parliamenti Introductum est breve quo Archiepiscopus Eboracen ' praesenti Parliamento interesse summonebatur admissas est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno 〈◊〉 brevia introduct sunt 4. Comitibus 10. Episcopis 5. Baronibus Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis proximum futurum viz. 27 diem Octobris On Thursday the 27 th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament accompanied with divers Lords Spiritual and Temporal who attended her Majesty this said day in the House being for the most part the same that are mentioned to have been present there on Monday the 24 th day of this instant October foregoing Of which the Knights Citizens and Burgesses of the House of Commons having notice M r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House was by them brought into the Upper House and by the hands of Sir William Knolles Controller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election but excusing himself by pretence of many disabilities and imperfections and wishing earnestly he were of sufficiency to perform the Duty of that place made humble Suit to her Majesty that he might be discharged and that the said House of Commons might proceed to a new Election Which excuse was not allowed by her Majesty as the Lord Keeper delivered by Answer but the choice of the said M r Yelverton was by her Majesty very well approved and his sufficiency much commended He then proceeded in another Speech according to the manner to undertake that charge and to present to her Majesty in the behalf of the said House of Commons certain humble Petitions for access unto her Majesty in the behalf of the said House upon needful occasions and for the using and enjoying such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making Answer by the Mouth of the Lord Keeper did yield her Gracious Assent with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum Mensis Octobris On Saturday the 5 th day of November the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice Introductum est breve Thomae Domini Gray de Wilton quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament and her Majesty well allowing his said
Thursday the 8 th day of December on Wednesday the 11 th day of January on Saturday the 4 th day of February and all other the days which were very many in which any Committees were nominated On Thursday the 10 th day of November to which day the Parliament had been last continued the Bill for the taking away Clergy from Offenders against a Statute made in the third year of the Reign of King Henry the Seventh against the taking away of Women against their wills unlawfully was sent up to the Lords from the House of Commons and thereupon read primâ vice The Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord La Ware and how it was resolved by them upon hearing and debating of the matter with certain Learned Counsellors in the Law brought before the Committees of the said Lords that the place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Eresby Which Report being made to the House and the voices of all the Lords being demanded the opinion of the Committees was allowed by the consent of all the Lord Windsor only excepted And the Lord Keeper was required to acquaint her Majesty with the determination of the same House and to know her pleasure concerning the same Vide concerning this Business of the Lord La Ware on Saturday the 5 th day of this instant November foregoing and on Monday the 14 th day of the same November ensuing The Lord Treasurer made a motion to the House that for as much as the journal-Journal-Books kept heretofore by the Clerks of the Parliament seemed to have some error in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please the Lords to take Order that the said Books that from thenceforth should be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the Lords in their Order to be subscribed by them taking unto them for their better information the King at Arms. And that this Order might begin this present Parliament On Saturday the 12 th day of November to which day the Parliament had been last continued the Bill for the taking away of Clergy from Offenders against a Statute made Anno 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read secunda vice and committed Nota That because the Committees during all this Parliament were only Peers and Members of the House and that the Judges with her Majesties Learned Councel as see more on Monday the 7 th of this instant November foregoing were always appointed to attend upon them and never nominated as joint Committees with them therefore the names of them are for the most part omitted as not worth the inserting or observation On Monday the 14 th day of Novemb. to which day the Parliament had been last continued on Saturday foregoing the Bill for the better explanation and execution of the Act made in the 13 th year of the Queens Majesties Raign concerning Tellors Receivors c. was read primâ vice This Bill was brought into the House instead of the former Bill concerning her Majesties speedy satisfaction against Accountants c. which was on the 7 th day of November foregoing read secunda vice and referred to Committees by whom the said Bill having been thought upon the debating thereof too full of doubts and difficulties Order was given by them to her Majesties Attorney General to draw a new Bill viz. the Bill aforesaid which Bill was presented by the Lord Arch-Bishop of Canterbury first of the said Committees in the behalf of the said Committees A Proviso was thought fit to be added to the Bill concerning the taking away of Women unlawfully and was also twice read The Earl of Shrewsbury excuseth the Lord Marquess his absence for want of health The Lord Treasurer moved the House that such Lords as were absent from the Parliament and had not sent their Proxies and such others as had made their appearance in the beginning of the Parliament and have sithence neglected their Attendance may be admonished to reform the same On this said 14 th day of November 1597. upon the Petition of the said Lord La Ware exhibited unto her Majesty concerning his place in the Order of the Barons of Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the 5 th day of this present Month of November and referr'd the same day upon the reading unto the Committees as is before recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all arguments that were brought and alledged both for the Petition and against it did resolve and determine that in their opinions the said Petition of the Lord La Ware was just and that the place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Eresby and the Lord Berkeley being the same place which his great Grandfather held heretofore as appeareth by Record Of which resolution and determination Report having been made by the Lord Burleigh Lord Treasurer the first of the Committees the 10 th day of this instant November foregoing in the Session of the same day as before is recorded and the same being allowed and approved by the consent of the Lords Temporal and Spiritual then present in the House it was thought meet and ordered that her Majesty should be made acquainted by the Lord Keeper with the opinion and resolution of the House Which having been performed by his Lordship and her Majesty having allowed of the proceedings of the House and of the determination of the question touching the place of the Lord De la Ware as hath been declared unto the House by the Lord Keeper It was and is agreed and Ordered by her Majesty and the Lords Spiritual and Temporal that the Lord De la Ware should be brought into the House and placed in the room and order before-mentioned to have his place and Voice betwixt the Lord Willoughby and Lord Berkeley Which was accordingly done on this said 14 th day of November The said Lord De la Ware being brought in his Parliament Robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the said Lord Berkeley in their Robes Garter the King of Arms attending them and doing his Service according to his Office On Tuesday the 15 th day of November Two Bills had each of them one reading of which the first being the Bill for taking away of Clergy from Offenders against a certain Statute made Anno 3 Hen. 7. concerning the taking
of which the second being the Bill or Petition of Cloth-workers had its first reading Mr. Johnson made Report of the meeting and Travel of the Committees in the Bill for punishment of idle and base persons with certain Amendments The Bills and Committees names touching trifling Suits and against common Sollicitors were delivered to Mr. Boyce The Amendments in the Bill for punishment of Offences in base and idle Persons were twice read and with the Bill Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time and Committed unto all the Privy Council being Members of this House all the Doctors of the Civil Law likewise of this House Sir Walter Raleigh and others who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his offence c. was asked what he could answer for himself Upon his humble submission made earnest protestations of not knowing the said Wooddal to pertain to any Member of this House and being Sequestred until the House had considered of the same he was again brought to the Bar and by Order of the House discharged paying his Fees Vide concerning this matter on Yesterday immediately foregoing Thus far out of the Original Journal-Book of the House of Commons the residue of this dayes Passages are inserted out of the private Journal M r Hugh Beeston stood up in the lower end of the House and said M r Speaker We that be here cannot hear you that be above I would it would please them that speak there to speak louder Also I am to certifie you that I am here for a Town but not for mine own Country of Denbighshire or for any part thereof but if I should not speak somewhat for my Country I dare never go thither again Therefore I heartily beseech you M r Speaker That the House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they cannot but find themselves grieved for want of the Election But what is done I know not M r Secretary Cecill said Because I was the Reporter of the stay of the Election as also of the proceeding I will now also certifie you that there was Order taken for the sending out of a Warrant for the Election but what is done therein I know not M r Speaker said I gave Warrant to the Clerk of the Crown according to the antient form to send out a new Writ who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof so that nothing is done therein Sir Edward Hobbic said There is no Court that doth not observe his Rites and follow his Priviledges much more this High Court of Parliament being the greatest and Commander of all other Courts doth and ought to observe the same most strictly And all the Precedents which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other And therefore I take it that course ought inviolably to be observed Sir George Moore said I agree with the Gentleman that last spake that Precedents ought to be observed but yet not altogether upon urgent occasion or by necessity of time knowing this I take it my duty to inform you if any alteration have been it proceeded from the imperfection of a Speaker It was well observed by an antient Member of this House that no Conserence with the Lords touching a Subsidy should be had Yet that Rule hath been altered in late Parliaments by reason of special Causes So do I think it would be more Honourable to this House to direct our Warrant to the Lord Keeper than to any inferiour Minister in the Chancery Sir Francis Hastings said By the leave of your Honourable Favours I will shew you that I my self was Yesterday with the Lord Keeper and how Honourably I heard him speak of this House that he desired nothing more than to shew the duty and love he beareth us as also himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his discharge be it in what terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather chuse him than any other for their Minister Thus much I thought good to certifie this House of which being spoken in private unto me I now deliver in publick unto you for my own advice I think nothing can be more Honourable unto this House than to have a Person of so great Estate to whom we may direct our Warrant as to our Minister M r Francis Bacon said It is far more Honourable for this House in my opinion when our Warrant shall move the principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the petty Bag. It will be said that our Warrant Emanavit improvidè when we shall direct our Warrants to these base Officers when we may move the Great Seal of England by it even as soon as either petty Bag or petty Officer M r Speaker said I was and ever am Zealous and Jealous of the Priviledges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess I found a resolution that during the time of the sitting of this House the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly M r Secretary Cecill said I hope I shall move unto you a Conclusion which will end this Controversie and in the mean time a saving to all persons I mean not to second my former Error for which I was excepted unto that is that M r Speaker or any Member should attend the Lord Keeper but that four might be Assigned by this House to go to the Lord Keeper I say to go as if he should have said mark I say not to attend to the Lord Keeper to know the cause of the stay as also his request unto this House And that other six might be Assigned to call before them the Clerk of the Crown the Clerk of the petty Bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Priviledges in former Ages have danced a Pavin to and fro and according to the time have been altered This to be done this Afternoon and to certifie this House to Morrow and then we to make a determinate resolution To
much use chiefly made in the two Journals of the Upper House and House of Commons in the Parliament held in An. 1 Regin Eliz. 7. And lastly one other unusual or invulgar help for the raising up of this ensuing Structure was a Manuscript Diary I had in my Custody of the greatest part of Queen Elizabeths Reign penned by the Lord Burleigh first Principal Secretary and afterwards Lord Treasurer which said Diary did serve very well to the clearing of some things needful to the perfecting of these ensuing Journals And for Printed helps I made especially use of William Camdens Annals of Queen Elizabeths Reign penned by him in a fluent and good Latin Stile the errors whereof in these Journals are likewise discovered in their due places and of the Printed Books of Statutes as often as occasion requireth in which also some errors and mistakings which escaped in them are fully and plainly convicted and rectified These foregoing materials both in Manuscripts and Print I made use of in a general nature for all these ensuing Journals more or less Now there were also many particular helps I used for several occasions And first for the Journals of either House in An. 1 Regin Eliz. they are all Illustrated with so many quotations of all manner of Records that it would be too tedious to discuss or treat of them at large only it shall here suffice to have given this touch upon it that such as are most frequently vouched are Parliament Rolls Patent Rolls and Foreign Rolls kept within the Tower of London all which will best appear in the perusal of them Where also I had some help out of two Transcripts the one in Latine the other in French of an old Treatise Intituled De modo tenendi Parliamentum in Anglia tempore Regis Edwardi filii Etheldredi For sundry Parliaments also I had several private Journals of the House of Commons in An. 13 Regin Eliz. very imperfect and another in An. 35 Regin ejusdem moderately exact each of them taken by some Member of the House Two other I had the first a Journal of the Passages of the same House in An. 39 40 Reg. Eliz. exceedingly defective and the last de an 43 44. of the same Queen stored with excellent matters Out of all which not only the Journals of the said House of Commons but even of the Upper House also of those Parliaments are much augmented And for the Lord De la Wares Petitions inserted verbatim in the Journal of the Upper House de an 39 40 Regin Eliz. I caused it to be transcribed out of the Bundle of Acts of that Parliament remaining in the Office aforesaid of the Clerk of the Upper House and carefully examined it thereby And thus much shall serve for the materials out of which these ensuing Volumes were collected and transcribed which are all of them for the most part so authentick but especially the Original Journal-Books of either House as there can be no Exception against any thing that doth follow out of them For the second thing touching the Method I have constantly used it hath been thus First before every Journal I have prefixed the just dayes or times of the Beginning Proroguing Dissolving or Adjourning the Parliament or Session of Parliament and next under it a Summary draught of the chief scope or Argument thereof or at least of some special matter that concerned it I have in like manner placed all actions of the first day of the Parliament as Commissions of Prorogation or Adjournment or the solemn passing of her Majesty to the Upper House in the Journal of the same as most properly belonging unto it as likewise all Speeches of that day which passed in the said House on that day on which the Speaker was presented And I have in the third place constantly inserted into the Journals of the said Upper House also all Commissions of note at large all Proxies that were more rare the presence of the Lords on some special days and the names of the Receivers and Tryors of Petitions and there is no one day on which the House sate and did any thing but some Passages thereof are mentioned In the Journals of the House of Commons also are all things inserted and referred unto their due dayes and I know not any thing that is doubly set down in the two Journals of both the Houses in the same Parliament or Session of Parliament but only the Titles sometimes of such Bills as were sent up from one House to another and that constantly the manner of the beginning and ending of the Parliament and of the Presentment of the Speaker which is largely set down in the Journal of the Upper House is shortly touched in the House of Commons And because I know the Original journal-Journal-Book of either House to be more judiciously observed and more to be esteemed than the Collections of any private men therefore I have distinguished by some Annotation or Animadversion what is taken out of them or what out of any other material whatsoever Nor are those Animadversions of mine own at any time added without some necessary motive or upon some good ground Very Copious indeed they are in the two first Journals of the Upper House and House of Commons in An. 1 Regin Eliz. because all matters of form were to be once for all discussed In all the other Journals they are more succinct and infrequent I confess it cost me many days besides other expences to bring these ensuing Volumes to that perfection in which I now enjoy them In which besides the abundance of the knowledge in this kind especially gained by it which Sir Edward Cooke Knight a Learned Writer of this Age calls Lex Parliamentaria I have as I much desired done some Honour to the Memory of that Glorious Queen England's Royal Elizabeth in that I have Collected in one body the sum of the agitations of all her Parliaments or at least so much of them as could possibly be gotten being a work not only singular in respect that I am the sole enjoyer of it but also because I rest confident that never any other man attempted it much less brought it to perfection Which I the rather believe because when I was one day discoursing with Sir Robert Cotten the Prime Antiquary of this our Age not long before his Decease touching the two aforesaid Volumes he had of the Journals of this Queens Reign that I wondred he would treasure up in his Library such Fragmentary and Imperfect stuff he made me no other Answer but that he was compelled to store up them because he knew not how to come by any better And certainly if this work which I have now by Gods Providence finished had been performed by any other it could not have been hid from him who was a very sedulous gatherer as of other rarities so especially of Parliamentary Passages for about the space of forty Years before his Death Touching the rarities
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
frequent as they need no further vouching And it is very well worthy the Observation that whereas in the Session of Parliament de an 8 Regin Eliz. when Richard Onslow Esq her Majesties Sollicitor was Elected and allowed Speaker by reason of the Death of Thomas Williams Esq who had been Speaker in the Session de an 5. Regin Eliz. and did Decease in the interim of the several Prorogations between the said two Sessions the said Richard Onslow did upon his Presentment to her Majesty and allowance by her only desire in the name of the House of Commons free access to her Majesty and did either ignorantly or wittingly omit to make those two other Petitions on their behalf for freedom of Speech and freedom from Arrests and Suits yet in the said Session de an 8 Regin Eliz. the House of Commons falling upon that great business of her Majesties Declaration of a Successor did use greater liberty of Speech than they had done or did before or after in any other Parliament during her Majesties Reign when the said Speakers did most precisely desire the allowance of the said priviledge of freedom of Speech from her Majesty And now thirdly and lastly touching that Petition which Sir Thomas Gargrave the Speaker made unto her Majesty for freedom from Arrests It is plain that the Commons and the Lords of the Upper House have not only always enjoyed the same for themselves and their necessary attendants but also have been exempted from Suits at Law during the continuance of the Parliament not only in legal Courts but in the very Court of Chancery Star-Chamber and such like unless some Criminal matter be laid unto their Charge which draws into question the life it self which I have caused to be inserted into the preceeding abstract of Sir Thomas Gargraves Speech because he either did Petition for freedom from Suits as well as for freedom from Arrests or he ought to have done it For it is plain by the close Rolls of Ed. 2. remaining in the Tower that the Barons and such others as were Summoned to Parliament in the seventh and eigth Years of his Reign were exempted from Answering to any Suits before tho Justices of Assize during the Parliaments continuance where the Proclamations sent to the said Justices for that purpose contain these words viz. Quod supersedeant ubi Barones alii summoniti ad Parliamentum Regis sunt partes vide Rot. Claus. de an 7 Ed. 2. Membrana 24. de an 8 Ed. 2. m. 22 23. And for the several Presidents how frequently the Members of the House of Commons were exempted both from Arrests and Suits during all the Parliaments of her Majesties Reign they are so many and fell out so often as may be seen by every ensuing Journal almost of the House of Commons that they need no vouching These Animadversions being thus added touching the Speakers Speech and the Petitions on the behalf of the House of Commons contained therein now follows the departure of the said Speaker being fully invested in his place by her Majesties allowance down unto the House of Commons out of the Original Journal-Book of the same with some Additions in matter of Form Sir Thomas Gargrave aforesaid being now setled in the place of Speaker after his humble reverence made unto her Majesty departed with the other Members of the House of Commons unto their own House the Serjeant of the same carrying the Mace all the way before the said Speaker which was in like sort born before him during this Parliament both when he repaired unto and when he departed from the said House The Speaker being placed in the Chair ..... Seymore Esq Clerk of the foresaid House of Commons who sate uncovered at a Table at the upper end of the House just before the Speaker stood up and read a Bill which had been treated of in the last Parliament being intituled The Bill touching felling of Wood and Timber Trees in Forrests and Chases which done kissing his hand he delivered the said Bill to the Speaker who standing up uncovered whereas otherwise he sitteth covered and holding the Bill in his hand said The Bill is thus Intituled and then having read the Title of the Bill as is before set down he opened to the House the substance thereof which it is most probable he did out of the Breviate which was filed to the Bill and had been delivered unto him together with the Bill by the Clerk of the House aforesaid which being done he then said This is the first reading of the Bill and so delivered it unto the Clerk again which ended the House arose which hath been the constant use and custom ever since as also divers years before that after the presentment and allowance of the Speaker one Bill be once read after his return from the Upper House unto the House of Commons On Monday the 30 th day of January the Bill for the avoiding of French Wares and Wines and the Bill touching any variance of Grants made by Corporations were each of them read the first time M r Treasurer with 23. others of this House whose names are wholly omitted in the Original Journal-Book of the House of Commons through the negligence of ..... Seymour Esq at this time Clerk of the same were appointed to meet together and to treat for a convenient Subsidy and also to consider touching the validity of the Writ of Summons both of the last Parliament and also of this present Parliament in which said Writ the words Supremum caput Ecclesiae Anglicanae were wanting vide February 3. postea On Tuesday the 31 th day of January it was agreed in the House that a Book for the Subsidy be drawn by several of the Committees On Wednesday the first day of February the Bill touching levying of Fines in the County Palatine of Durham and the Bill touching thicking of Hats or Caps in Mills were each of them read the first time The Bill also touching the grant of Tonnage and Poundage was read the first time On Friday the 3 d of Feb. the title of a Bill which had this day its second reading is thus entred in the Original journal-Journal-Book of the foresaid House The Bill for felling of Wood and Timber in Forrests or Chases And under the entrance of the title of it in the Original journal-Journal-Book of the House of Commons was written M r Sackvill by which it should seem that this Bill was committed upon the first reading to him and as it is probable to others also By which manner of entring the title of the said Bill it may plainly be collected that the Bill it self had at this time its second reading and was thereupon committed to M r Sackvill to whom it seemeth the Bill was delivered and others whose names are omitted the manner of which being there also left unmentioned I thought good to supply according to the usual Form both then doubtless used and at this day also The
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-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-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
25 th day of February last past as also on Saturday the 18 th day Monday the 20 th day on Tuesday the 21 th day and on Wednesday the 22 th day of March preceeding Et vide etiam a Note touching this business in the Original Journal Book of the Upper House on Saturday the 29 th day of April foregoing The Bill for Garbling of Feathers Forsings and Flocks was read the third time and passed the House And lastly the Bill that the Queen by Commission may restore spiritual persons deprived was read the first time On Friday the 28 th day of April the Bill for the Restitution in Blood of the Lord Dacres of the South was read the second time Henry Clifford Gent. Burgess for Bedwyn was Licensed for his Affairs to be absent The Provisoes in the Bill for Suppression of Abbies Priories c. was read the first and second time On Saturday the 29. day of April the Bill for Watermen on the Thames to have Harque-buts c. was read the second time and Ordered to be ingrossed The Bill for Uniting of Abbies Priories Nunneries Hospitals and Chauntries founded since the Reign of Queen Mary to be annexed to the Crown was read the third time and passed the House upon the Question and was sent up to the Lords by M r Vice-Chamberlain The Bill lastly to restore such persons to their Benefices as were unlawfully deprived was read the second time and was thereupon Ordered to be ingrossed April the 30. Sunday On Munday the first day of May the Bill for the Restitution of the Brothers and Sister of the Duke of Norfolks The Bill for the Restitution in Blood of the Lord Dacres of the South The Bill that Timber Trees in divers places shall not be felled for Cole to make Iron And the Bill that the Inhabitants of Dorking Coxall and Dedham Westbarford c. may make Woollen Cloths there were each of them read the third time and passed the House The Bill lastly that Watermen of the Thames shall have and shoot in Harque-buts c. was read and upon the Question and Division of the House dashed by the difference of ten Voices viz. with the Bill fifty two and against the Bill sixty two On Tuesday the second day of May the Bill that the Queen by Commission may restore such spiritual persons as have been unlawfully deprived was read the third time and passed the House and was sent up to the Lords by M r Sadler and others with the four other Bills which last passed The Bill lastly for the continuance of divers Acts was brought from the Lords On Wednesday the third day of May three Bills of no great moment had each of them one reading of which the second being the Bill for carriage of Corn over Sea when Wheat is 10 s Barley 3 s 8 d Beans and Rye at 6 s and Oats at 3 s 4 d the Quarter was read the third time and passed the House On Friday the 5 th day of May the Bill for continuance of certain Acts was read the third time and passed the House and was sent up to the Lords by Mr. Secretary On Saturday the 6 th day of May the Bill touching Abbies c. was brought from the Lords to be reformed with three Provisoes of their Lordships And the Bill for preservation of Fry of Fish was likewise brought down from the Lords to be amended May the 7 th Sunday On Monday the 8 th of May the Provisoes in the Bill for preservation of the Fry and Spawn of Fish were read the second and third time and passed the House In the Afternoon the Queens Majesty sitting in her Royal Seat the Lords and Commons attending M r Speaker made a Learned Oration Exhibiting the Bill for the Subsidy and the Bill of Tonnage and Poundage and required the Queens Assent might be given to such Bills as had passed both the Houses which Oration being praised and Answered by the Lord Keeper of the Great Seal the Royal Assent was given to forty two Acts and by the Queens Pleasure this Parliament was Dissolved § Henry the VI. 6 Martii An. 31. called a Parliament at Reading 8 Martii Thorpe was Chosen Speaker from thence the Parliament was Adjourned to Westminster till 25. Apr. where it continued till 2. July and then Prorogued till 12. Nov. to Reading again Adjourned till 12. February after till 14. at Westm. During these Adjournments and Prorogations Richard Duke of York having got the Ascendant of the King prepared Habiliments of War at the Palace of the Bishop of Durham Thorpe being Speaker by Command of the King took the Arms whereupon in Michaelmas Term the Duke brought his Action of Trespass in the Exchequer against Thorpe and upon Tryal that Term recovered a thousand pound Damages and ten pound for Costs of Suit and thereupon Thorpe was Committed to the Prison of the Fleet in Execution After all this the Parliament met 14. Feb. and the Duke of York having got a Commission to hold and dissolve the Parliament laboured to keep Thorpe in Prison whom he mortally hated as being faithful to King Henry and having gained his point in the Lords House afterwards the Commons gave up their Speaker which was no sooner done and another Chosen but the Duke by the Assent of the Lords and Commons and after Confirmed by Commission from the King was made Protector of the Realm Thorpe having paid the Debt fled to the Kings Party and after was taken at Nottingham Field from thence sent to Newgate then to the Marshalsey and at last Beheaded at Haryingay Park in Middlesex THE JOURNAL OF THE House of LORDS A Journal of the Passages of the House of Lords in the Session of Parliament bolden at Westminster An. 5 Regin Eliz. An. D. 1562. which began there after one Prorogation of the same on Tuesday the 12 th of January and then and there continued until the Prorogation thereof upon Saturday the 10 th day of April An. D. 1563. THIS Session in An. 5 Regin Eliz. making but one and the same Parliament with that Session next ensuing in an 8 Reginae ejusdem is replenished with some extraordinary matter besides the accustomed and usual passages of reading committing and expediting of Bills For not only the pompous and solemn manner of her Majestics repairing to the Lords House is set down but the several Speeches also of that Eloquent Orator and wise Statist Sir Nicholas Bacon Lord Keeper are supplied at large together with such Interlocutory Speeches as passed in the House of Peers from Thomas Williams Esq the Speaker or Prolocutor of the House of Commons which said several Speeches being not found in the Original journal-Journal-Book of either House are therefore supplied out of several written Copies or Anonymous Memorials of them I had by me especially the latter passages and Speeches both when the Speaker was presented on Friday the 15 th day of January and when this Session of Parliament
it be utterly unlawful or in some sort to be tolerated it is a question and until it be determined for the common Commodity and maintenance let it be as hitherto it hath been used And for the common sort of Bargains of Corn for Cloth Silk for Land c. what they be whether Usury or no we know not That all should be well it is to be wished that all may be done well among men it is beyond hope for we are no Saints we are not of perfection to follow the Letter of the Gospel Who so striketh the one Cheek c. and this Text date nihil inde sperantes These are no express Commandments For the first the Law of nature doth direct and for the other also the same Law in effect maketh defence surely there can be no sin where there can be no breach of Charity To do that therefore to another which we would to our selves the state circumstance and case to our selves considered is commendable or not to be reproved if we our selves be to borrow who is it that would not in extremity give a little to save much money It is said the Usurer doth or may grow rich Who hath disliked in a Common-Wealth that there should be homines boni srugi they may be considered and may be good more than for one purpose He further stood on this that God did not absolutely forbid Usury which surely if it had been utterly ill he would have done And he added that the Common Laws were Cruel in their censures and wished that they should be no more remembred than they are followed Serjeant Lovelace argued to this effect that Usury was of money only protesting that he hated all kind of Usury but yet the greater the ill was the more and more greatly did he hate the same But to prohibit it with so sharp and extream a Law as to lose all he thought it would be the ground of greater Covetousness withal he added to prohibit the ill of Covetousness in generality were rash void and frivolous since that the Speech and the Act it self is indefinite comprehending all our actions and doings and therefore as utterly vain to prohibit it in vain words of generality To prohibit Drunkenness Pride Envy Surfeiting c. were somewhat in some particular sort to do it in generality albeit that we know that it is every way damnable by the direct and written word of God it were but folly Of these great Evils to the which man of his nature is born and made prone and too apt when we may not reach to the best furthest and uttermost we must do as we may say by degrees As to say there shall be no deceit or sleight in making of this or that kind of Wares that the Husband-man shall till his Arable Land and that he shall not keep above such a number of Sheep that there shall be no forestalling regrating c. and this in particularity whereas otherwise generally amongst sinful men to prohibit this sin or that sin utterly on a pain it may not be but thus rather he that shall so sin shall suffer or lose so much whereupon he concluded that there should be degrees in punishing of Usury as he that should take so much to lose or be punished thus he that shall take more more deeply M r Flectwood shewed that all these Arguments long since with great skill and very often have been opened in this place He said it was Ingenui pudoris sateri per quem profeceris M r Check he said argued and so far forth explained this matter as the Learner was thereby sufficiently informed and the Learned fully satisfied His Papers of his Speech he said he had not lost and therefore could shew as much cunning as the cunningest which had bent or endeavoured himself thereunto He said he had read the Civil Law and of the Common Law somewhat but how well he did understand it he would not promise ought What Usury was he said he was not to learn call it if we list Proxima homicidio or how else by a description he forced not much for if there were not Civil Law it were not much to be accounted of for any certainty in this Case thereby to be had and the most ancient Laws of this Realm have taught us thereof somewhat as the Laws of ..... do make to us mention of Usury So do the Laws made in Lucius his time and those of Athelred whereby it was ordained that Witches and Usurers should be banished King Edward the Saint reserreth and appointeth the Offenders herein to suffer ordalium Then was there a great kind of Usury known which was called Torus and a lesser known by the name of ..... Glanvile in the Book de legibus antiquis maketh mention of an inquiry of Christian Usurers In the Tower he said he had seen a Commission awarded to the Master of the Courts he named not what Courts to enquire of Usurers and the punishment of them he said was whipping he said further by Scripture he knew it was damnable and therefore whether it was good or not good it was no good Question For the matter of Implication whether by the pretence of the Law it might be intended that it was in any sort allowed he said it might be construed and compared there with the Statute of Tiths where it is said that till for seven years after Heath ground broken up no Tith shall be paid the Construction hereupon is clear He shewed also that Usury was malum in se for that of some other transgressions her Majesty may dispence afore with but for Usury or to grant that Usury may be used she possibly cannot He further said that the words of an Act of Parliament are not ever to be followed for that sometimes the construction is more contrary to what is written as in the Statute of Magna Charta nisi prius homagium fecerit And some Statutes are winked at by non-observation or otherwise so that they seem to be no Laws even in those things which we practise most as the Statute of Gloc. for the Oath to be taken in Debt and Damages M r Dalton endeavoured to prove that M r Fleetwood mistook the Bill but in fancy he mistook his Arguments M r Norton shewed that all Usury is biting as in the word Steal is contained all kind of injurious taking away of a mans goods and as slanderizing is said to be murthering or homicide so is Usury justly ever to be said biting they being both so correlated or knit together that the one may not be without the other He concluded that since it is doubtful what is good we should be mindful of the old saying Quod dubitas ne feceris and for that Quod non ex fide est peccatum est therefore he wished that no allowance should be of it After these Arguments being transcribed out of the often before-cited Anonymous Journal were ended there is no other
the outward observance and a convenient silence as not to dislike what is publickly professed but to inforce any to do the Act which may tend to the discovery of his Conscience it is never found He shewed the difference betwixt coming to Church and receiving the Communion the one he allowed to be incomprehensible in Law the other he could not allow And in Answer of that which before had been said that the Conscience was not straitned but a penalty of the loss of their goods only adjudged whereof no doubt the Law of God and the Law of Nations had given to the Prince an absolute Power he said to this out of Cicero de Legibus that man out of his own nature is to care for the safety of man as being reasonable Creatures and not the one to seek to bereave the other of his necessary livelyhood adding out of the same Book this saying of Tully Qui Deum non curat hunc Deus ipse judicabit He shewed out of S t Paul that we must not do ill that good may grow thereby we must not take from him that is his to the end thereby to make him to do what is not in his power to be fit for so great a mystery God above of his free gift may make a man To come unworthily the penalty is appointed S t Paul hath pronounced it to be Death and Damnation as guilty of the Blood and Death of Christ. Not to come our Compulsory Law shall now condemn so that this our favour herein to be extended is either to beg or be exiled from our native Country He said there was no Example in the Primitive Church to prove a Commandment for coming to the Communion but an Exhortation he said S t Ambrose did Excommunicate Theodosius and forbid him to come to the Communion because he was an evil man And for us to will and command men to come because they are wicked men it is too strange an inforcement and without President M r Agmondesham without regard of any thing spoken before made mention of a Decree in the Star-Chamber made by nine of the Privy-Council signed with their hands and the hands of the Chief Justices concerning the receiving of the Communion by Gentlemen of the Temple This Decree made by so grave and learned men he thought for himself and to his own Conscience was a stay what to judge and a direction or president what to follow the tenor of which Decree for so much as it did concern the reformation of the Houses of Courts and principal places to be thought and considered of he wished might be inserted into the Law The motion was well liked and he required to bring the same the next day which was done M r Norton shewed that where many men be there must be many minds and in consultations convenient it is to have contrary opinions contrary reasons and contradictions thereby the rather to wrest out the best but this by the rule of reasoning and reason must be sine jurgiis he then said that not only the external and outward show is to be sought but the very secrets of the heart in Gods cause who is scrutator Cordium must come to a reckoning And the good Seed so sifted from the Cockle that the one may be known from the other A man Baptized is not to be permitted among us for a Jew And here somewhat slipping from the matter inSpeech he moved that all suspected for Papistry might make this Oath That they did acknowledge the Queen to be Queen for any thing the Pope in any respect might do noting some imperfection in the former Oath To this end quoth he are the Bulls now sent to discharge men of their Allegiance and to give free pardon of sins so that he who thus should be pardoned should from henceforth in no sort Communicate with the Professors of the Gospel and now quoth he the very touchstone of trial who be those Rebellious Calves whom the Bull hath begotten must be the receiving of the Communion which who so shall refuse we may justly say he savoureth c. And men are not otherwise to be known but by the external sign To Answer and satisfy the Dilemma objected before in the first day made concerning the disorders of certain Ministers in saying of the Service contrary to the instruction of the Book he wished this Proviso might be added that mistaking of Chapters misreading c. should be recovered as no offence so that there be no Mass-Song or Popish Service used in Latin c. And thus the Bill rested to be further considered of These preceeding Speeches being thus transcribed out of the aforesaid Anonymous imperfect Journal a great part of the residue of this days passages do now next ensue out of the Original Journal-Book of the House of Commons in manner and form following The Committees for the Bill of Treasons were appointed to meet in the Star-Chamber upon Tuesday next between two and three of the Clock in the Afternoon The Bill for Bristol was brought in by M r Comptroller corrected in form but not in substance or matter M r Serjeant Barham and M r Attorney General declared that the Lords desire that some of this House be sent presently to them for Conference whereupon it was Ordered that all the Privy-Council being of this House Sir Christopher Heydon M r Wilson Sir John Thynne Sir Nicholas Arnold Sir Henry Gate Sir Henry Norrice M r Audrian Stocks M r Recorder of London M r Fleetwood M r Serjeant Manwood M r Serjeant Lovelace M r Henry Knolles Sen. M r Heneage M r Bell M r Mounson M r Norton and M r Yelverton shall presently repair unto their Lordships who so did and thereupon brought report to this House from the Lords that as the Season of the Year waxed very hot and dangerous for sickness so they desired that this House would spend the time in proceeding with necessary Bills for the Common-Wealth and lay aside all private Bills in the mean time Vide Apr. 26. Thursday postea Which report was made by M r Treasurer and a Note brought from the Lords by him of such Bills as they thought meetest to be treated of was read by the Clark viz. The Bill for Treasons The Bill for coming to Church and receiving the Communion The Bill against untrue demeanors of Tellors Receivors and Collectors Against such as be fled beyond the Seas without Licence Against fraudulent gifts and conveyances of Lands and Goods For preservation of Wood. For respite of Homage For corrupt returns by Sheriffs For the Subsidy For Suits by Promoters The Bill for Subsidy was read the first time to which there is nothing mentioned to have been spoken by any Member of the House of Commons in the Original Journal-Book of the said House and therefore although that little that is set down in the often already cited Anonymous Journal do there remain imperfect yet in respect it is the very last thing
of Burroughs and Barons of the Ports did appear and sit down in the House of Commons but the number of them was not great partly by reason of sundry former Prorogations of the same Session made so near unto the days thereof appointed and partly also for that many of the Knights Citizens Burgesses and Barons since the last former Sessions were changed some by Death and some by other occasions and new returned in some of their places and in some others none which now could not sit in the House till they had first taken the Oath for acknowledging the Queens Highnesses Supremacy over all Estates within her Majesties Realms and Dominions which as then was not done neither could then be done because there was then no Lord Steward at all named or appointed for that purpose according to the form of the Statute in that case made and provided And being so set Sir Francis Knolles Knight Treasurer of her Majesties most honourable Houshold stood up and putting the House in remembrance as well of the Death of Sir Robert Bell K t late Lord Chief Baron of her Highness Exchcquer their Speaker since the last Session by reason whereof the House was then without a Speaker and could not therefore proceed in any thing as also of some course to be taken for procuring her Majesties Commandment to chuse another Speaker he declared unto them that as it was well known by often experience and usage that at the first Summons or beginning of a Parliament the Order is in that case to sit still till the House be sent for to the Upper House there to receive her Highness Commandment to chuse a Speaker so was it now uncertain what Order should be used when a Speaker dying after a former Session Prorogated a new is to be chosen in another Session ensuing holden by such Prorogation in which Case he said there were not many Precedents to his knowledge albeit yet one within our Memory which was in the eighth year of her Majesties Reign when Richard Onslow Esquire the Queens Majesties Sollicitor was chosenSpeaker in that Session de an 8 Reginae Eliz. which made but one and the same Parliament with the former Session held in Anno 5 Reginae ejusdem in which Thomas Williams Esq had been Speaker and died before the said second Session held by Prorogation in the said eighth year of the Queen he offered a Copy of that precedent but because M r Fulk Onslow the Clerk was present sitting as Clerk and had there his Original Book of notes out of which the said Copy was taken he was Commanded to read it out of his Book which was to this purpose But in respect it is omitted both in the foul Copy which Fulk Onslow now Clerk of the House of Commons took concerning the Passages of this Session of Parliament fol. 1. a. and also in the fair written or perfected Copy of the Journal of this said Session out of both which this present Journal is collected and enlarged fol. 106. b. therefore it being a Precedent useful I have supplied it out of the Original Journal-Book of the Upper House in the Parliament de Annis 8 9 Reginae Eliz. Anno Domini 1565. in manner and form following viz. That on Monday the 30 th day of December in the eighth year of the Reign of Queen Elizabeth a new Session of Parliament being holden by Prorogation at Westminster and the Knights Citizens and Burgesses according to their usual Order and Custom meeting thereupon in the House of Commons did there find that Thomas Williams Esq their late Speaker in the first Session of this Parliament holden in the fifth year of the said Queen Eliz. was dead and that the said Commons falling by that means into Consultation what course was fittest to be taken in respect that until a new Speaker was chosen no business could be Entred upon or expedited in the said House did at length all resolve as the best course to send certain of the most eminent Personages being Members of the said House up unto the Lords to desire likewise their advice and assistance in whatsoever their Lordships in that Case should think fittest to be done And thereupon their Lordships joining four Members of their House with four more of the House of Commons did advise that with all humbleness and speed they should all jointly repair to her Majesty and make intimation of their said Estate and so further desire to know her pleasure therein And her Majesty did accordingly most graciously on the next day being Tuesday the first day of October send her Commission under the Great Seal of England directed unto the Lord Keeper by which the said Knights Citizens and Burgesses of the House of Commons were Authorized to Elect and chuse a new Speaker which accordingly they did and thereupon presented him being Richard Onslow Esquire the Queens Sollicitor on the very next day following being Wednesday the second day of October But notwithstanding this precedent some were of opinion although they did not utter it because they supposed themselves not warranted to treat of any thing much less of any dealing with the Upper House without a Speaker or without her Majesties Commandment that this was the only precedent that could be shewed in such manner of proceeding and was but an innovation and not warranted upon good grounds but rather subject to inconvenience and peril So first they thought it was a breach of Duty to the Queen that we should enter into that or any other Consultation before her Majesties Pleasure known touching a Speaker Item there was no warrant to resolve us any thing so that there was no person to take the Voices or moderate the Consultation Item those who should go on such Message could have no good warrant to deliver it in the name of the House when the House could treat of nothing Item it had some inconvenience of drawing a special Prerogative to those of the House that were of her Majesties Councel from the rest of the House Item it had greater peril of precedent to draw the Petitions of the House to her Majesty to be done by mediation of the Upper House and they thought it to stand much in duty and humility to the Queen not to presume to make such Petition or to make difference in proceeding upon a Parliament newly Summoned and a Session of Parliament held by Prorogation as it is used upon new Summons so to sit still in all humility expecting that the House should be sent for to the Upper House there to receive her Majesties Pleasure and Commandment to chuse a Speaker which her Pleasure might either be delivered by the Lord Chancellor in her Majesties Presence or in her absence by Commission as in Cases of Prorogations and such like doings is used And for that it might be doubted how her Majesty should have notice that the Speakers place was void it was to be Answered that the House it self judicially hath
glory of God and our true and loyal service to our Prince and State For I am fully perswaded that God cannot be honoured neither our NoblePrince or Commonweal preserved or maintained without free speech and consultation of this Honourable Council both which consist upon the liberties of this Honourable Council and the knowledge of them also So here are the questions M r Speaker I humbly and heartily beseech you to give them reading and God grant us true and faithful hearts in answering of them for the true faithful and hearty service of our merciful God our lawful Prince and this whole and worthy Realm of England will much consist hereafter upon the answer unto these Questions Wherefore it behoveth us to use wise grave and godly considerations in answering of them Therefore the Lord direct our tongues that we may answer them even with his spirit the spirit of wisdom without the which our wisdom is nothing else but foolishness The Questions follow Whether this Council be not a place for any Member of the same here assembled freely and without controllment of any person or danger of Laws by Bill or speech to utter any of the griefs of this Commonwealth whatsoever touching the service of God the safety of the Prince and this Noble Realm Whether that great honour may be done unto God and benefit and service unto the Prince and State without free speech in this Council which may be done with it Whether there be any Council which can make add to or diminish from the Laws of the Realm but only this Council of Parliament Whether it be not against the Orders of this Council to make any secret or matter of weight which is here in hand known to the Prince or any other concerning the high service of God Prince or State without the consent of the House Whether the Speaker or any other may interrupt any Member of this Council in his Speech used in this House tending to any of the forenamed high services Whether the Speaker may rise when he will any matter being propounded without consent of the House or not Whether the Speaker may over-rule the House in any matter or cause there in question or whether he is to be ruled or over-ruled in any matter or not Whether the Prince and State can continue stand and be maintained without this Council of Parliament not altering the Government of the State At the end lastly of the said Speech and Questions is set down this short Note or Memorial ensuing By which it may be perceived both what Serjeant Puckering the Speaker did with the said questions after he had received them and what became also of this business viz. These questions M r Puckering pocketted up and shewed Sir Thomas Heneage who so handled the matter that M r Wentworth went to the Tower and the questions not at all moved M r Buckler of Essex herein brake his faith in forsaking the matter c. and no more was done After the setting down of the said Business of M r Wentworth in the Original Journal-Book there followeth only this short Conclusion of the business of the day it self viz. This day M r Speaker being sent for to the Queens Majesty the House departed On Thursday the 2 d day of March M r Cope M r Lewkenor M r Hurlston and M r Bainbrigg were sent for to my Lord Chancellor and by divers of the privy Council and from thence were sent to the Tower Vid. Febr. 27. antea The Bill for explanation of the Law touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto they or any of them be parties was read the third time and passed upon the Question It is ordered That all the Committees appointed before to meet about the Bill for the delay of execution of Justice shall meet about the same to morrow in the Forenoon above in the Room of this House in the time of the reading of the Subsidy See these Committees names on Munday the 27 th day of February foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill for continuance of Statutes was read the first time The Bill last past touching Fines and Recoveries c. was sent up to the Lords by M r Treasurer and others A Proviso offered by M r Recorder of London to be inserted in the Subsidy for saving the liberties of the Officers of the Mint had its first reading On Friday the third day of March four Bills of no great moment had each of them one reading of which the last being the Bill against the abuses of Purveyors was read the second time and committed unto all the Privy Council of this House Sir John Cutts Sir William Moore Sir Thomas Scott and others and the Bill was delivered to M r Chancellor who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber On Saturday the 4 th day of March Sir John Higham made a motion to this House for that diverse good and necessary Members thereof were taken from them that it would please them to be humble Petitioners to her Majesty for the restitution of them again to the House To which Speeches M r Vice-Chamberlain answered That if the Gentlemen were committed for matter within the compass of the priviledge of this House then there might be a Petition but if not then we should give occasion of her Majesties farther displeasure and therefore advised to stay until they heard more which could not be long and further he said touching the Book and the Petition her Majesty had for diverse good causes best known to her self thought fit to suppress the same without any further examination thereof and yet conceived it very unfit for her Majesty to give any account of her doings This Book and Petition touching the Ecclesiastical Government and for reformation of matters in the Church were delivered to the Clerk of the Parliament or the Speaker by M r Cope on Munday the 27 th day of February foregoing who with M r Lewkenor M r Hurlston and M r Bainbridgg spake in the commendation of them and desired they might be read Whereupon the said M r Cope with the other three were on Thursday the second day of this instant March foregoing sent unto the Tower and for the setting them at liberty it was that Sir John Higham made the motion foregoing which M r Vice-Chamberlain did answer with this supposition only that they might perhaps be committed for somewhat that concerned not the business or priviledge of the House But whatsoever he pretended it is most probable they were committed for intermedling with matters touching the Church which her Majesty had so often inhibited and which had caused so much disputation and so many meetings between the two Houses the last Parliament in Anno 27 Reginae Eliz. Anno Domini 1584. vide 13 Mar. sequentem A motion
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-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
it hath not been the hardness to obtain or doubt how to keep the things so obtained that only hath withheld me from these attempts My Mind was never to Invade my Neighbours or to Usurp over any I am contented to Reign over mine own and to Rule as a Just Prince Yet the King of Spain doth challenge me to be the Quarreller and the Beginner of all these Wars He doth me the greatest wrong that can be for my Conscience doth not accuse my thoughts wherein I have done him the least Injury so that I am perswaded in my Conscience if he knew what I know he would be sorry himself for the wrong he hath done me I fear not all his Threatnings his great Preparations and mighty Forces do not stir me For though he come against me with a greater Power than ever was his Invincible Navy I doubt not but God assisting me upon whom I always trust I shall be able to defeat him and overthrow him For my Cause is Just. I heard say when he attempted his last Invasion some upon the Sea-Coasts forsook their Towns and fled up higher into the Country and left all naked and exposed to his Entrance But I swear unto you By God if I knew those persons or may know of any that shall do so hereafter I will make them know and feel what it is to be so fearful in so urgent a Cause The Subsidy you give me I accept thankfully if you give me your good will with it but if the necessity of the time and your Preservations did not require it I would refuse it But let me tell you the summ is not so much but that it is needful for a Prince to have so much always lying in her Coffers for your defence in time of need and not be driven to get it when she should use it You that are Lieutenants and Gentlemen of Command in your Countries I require you to take care and special Order that the people be well Armed and in readiness upon all occasions You that be Judges and Justices of Peace I Command and straitly Charge you that you see the Law to be duly executed and that you make them living Laws when we have put life into them Thus with most gracious thanks to the House her Princely Speech ended Note That the several Interlocutory Speeches of the Speaker and the Lord Keeper immediately foregoing with the coming up of the said Speaker and the rest of the House of Commons into the Upper House are not found in the Original Journal-Book of the same House but are here inserted partly out of the Original journal-Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament out of which the said Speeches were written almost verbatim And I have always thought it most fitting in all those several Journals ever to refer such like Speeches and other Passages as are wholly handled and agitated in the said Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for order sake to give a short touch or remembrance of them in the Journal of the House of Commons After the before-recited Speeches were ended as aforesaid then were the Titles of all the Acts read in their due order Which manner of the Clerk of the Upper House his reading and of her Majesties Answering to the said Acts is not thus exactly set down in the Original Journal of this Parliament but is supplied out of another of the Queens time and doth alike serve in all places because the same form is still continued And first the Bill of Subsidies to which the Clerk of the Parliament standing up did read the Queens Answer in manner and form following viz. La Roigne remercie ses loyaulx subjectes accepte leur benevolence ainsi le venlt The Clerk of the Parliament having read the Queens Acceptance and thanks for the Subsidies given as aforesaid did then upon reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parlament assembles au nom de tous vostres autres subjects remercient tres humblement vostre Majeste prient à dieu que il vous done en sancte bonne vie longue Nota That here to the Bill of Subsidy because it is the meer gift of the Subject the Queens Consent is not required for the passing of it but as it is joined with her thankful acceptance nor to the Bill of Pardon because it is originally her free gift is other circumstance required than that the thankful acceptance thereof to the Lords and Commons be likewise expressed it being but once read in either House before it come thus at last to be expedited Now to all other Bills either private or publick the Queens express consent though in differing words is always requisite as followeth viz. The publick Acts were read to every one of which allowed by the Queen the Clerk of the Parliament read in French these words following viz. La Roigne le veult To every private Act that passeth the said Clerk of the Parliament reads the Queens words in these French words following viz. Soit fait come il est desire These two last Answers to the publick and private Acts that past 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 viz. La Roigne s'advisera After which ended the Dissolution of the Parliament followed in these words viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum THE JOURNAL OF THE House of COMMONS A Journal of the daily Passages of the House of Commons in the Parliament holden at Westminster Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19 th Day of February and then and there continued until the Dissolution thereof on Tuesday the 10 th Day of April Anno Domini 1593. THIS Journal of the House of Commons is fully replenished with many Excellent Passages both touching the publick State of the Realm and also concerning Priviledges Elections Returns and such like private Affairs of the House it self So that not only the dangers of the Realm were discussed and the Ecclesiastical Government touched but also consultation was had for a seasonable and timely preparation to be made against the ambitious and proud designs of the Spanish King Neither is it unworthy the Observation that some unusual distast was occasioned from her Majesty towards some Members of the House by reason of their
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-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
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
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
common Drunkenness was also read the second time and committed to the former Committees in the Bill for the Sabbath day and to meet in the Temple-Hall this Afternoon The Bill touching the sowing of Hemp was read the second time and upon the question for committing was upon the division of the House with the advantage of fifty Voices Ordered to be committed viz. with the Yea a hundred and three and with the No a hundred forty two And upon the question for the ingrossing was Ordered not to be ingrossed The Committees names for the Bill of Subsidy whose names see on Monday the second day of this instant November foregoing as also the Committees names for penal Laws who were appointed on Tuesday the third day of this same Month foregoing were this day delivered to M r Comptroller The Bill touching the Sabbath and the Bill against Drunkenness were delivered to M r Edward Mountague one of the Committees On Thursday the 5 th day of November Two Bills of no great moment had each of them one reading of which the first concerning matters of Assurances used amongst Merchants was read the first time Sir Francis Hastings one of the Committees in the Bill for the better keeping of the Sabbath day whose names see on Yesterday immediately foregoing shewed the travel of the Committees and brought in the Bill with some Amendments and a Proviso and prayed the reading thereof the Bill standing upon two parts the latter part thereof not having been dealt in at all by the Committees The Amendments and Proviso in the Bill for the better keeping of the Sabbath day were twice read And the Bill it self being read for the second reading was Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill for the suppressing of deceits in Weights and Measures was read the first time Upon a Motion made this day a Committee was appointed to consider of the Statute for relief of the Poor and for continuance and Explanation of Statutes c. viz. Sir Robert Wroth M r Philipps Sir Edward Hobbie Sir Francis Hastings Sir George Moore and others who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon The Bill for Resormation of Abuses in Ale-houses and Tipling Houses was read the second time and committed unto Sir Edward Stanhop M r Wiseman M r Johnson Sir Robert Wroth Sir Francis Darcy M r Peake M r Edward Philipps the Burgesses of Newcastle and others and the Bill was delivered to Sir Robert Wroth who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill against Blasphemous Swearing was read the first time Thus far out of the Original Journal-Book of the House of Commons it self the residue of this days passages is transcribed out of the often above mentioned private Journal M r Bacon stood up to prefer a new Bill and said M r Speaker I am not of their mind that bring their Bills into this House obscurely by delivery only to your self or to the Clerk delighting to have the Bill to be incerto authore as though they were either ashamed of their own work or afraid to father their own Children But I M r Speaker have a Bill here which I know I shall no sooner be ready to offer but you will be ready to receive and approve I liken this Bill to that sentence of the Poet who set this as a Paradox in the fore-front of his Book first Water then Gold preferring necessity before pleasure And I am of the same opinion that things necessary in use are better than those things which are glorious in estimation This M r Speaker is no Bill of State nor of Novelty like a stately Gallery for pleasure but neither to dine in nor sleep in But this Bill is a Bill of repose of quiet of profit of true and just dealings The Title whereof is An Act for the better suppressing of abuses in Weights and Measures We have turned out divers Bills without disputation And for a House of wisdom and gravity as this is to bandy Bills like Balls and to be silent as if no body were of Councel with the Common-wealth is unfitting in my understanding for the State thereof I 'le tell you M r Speaker out of mine own Experience that I have learned and observed having had Causes of this nature referred to my Report That this fault of using false Weights and Measures is grown so intolerable and common that if you would build Churches you shall not need for Battlements and Bells other than false Weights of Lead and Brass And because I would observe the advice given in the beginning of this Parliament that we should make no new Laws I have only made this Bill a confirmation of the Statute of the 11 th of Hen. the 7 th with a few additions to which I will speak at the passing of the Bill and shew the reasons of every particular Clause the whole being a Revival of a former Statute for I take it far better to scowre a Stream than to turn a Stream And the first Clause is that it is to extend to the principality of Wales to constrain them to have the like Measures and Weights to us in England Sir Robert Cecill moved the House to have their opinions in that there wanted a chief Member viz. a Knight of Denbigh Shire And he said I am to certify the House thus much in respect of some disorder committed there touching the Election by Sir Richard Trevor and Sir John Fludd to which Sir John Salisbury is a party the Sheriff could not proceed in Election For mine own part I think it fit that M r Speaker should attend my Lord Keeper therein quod nota attend if it please you You shall hear the Letter which was read and the Contents thereof was That on the one and twentieth day of October at he hept the County day and there being quietly chusing the Knights for the Shire a Cry came suddainly that Sir Richard Trevor and Sir John Fludd on the one part and Sir John Salisbury on the other were a fighting and all their Companies were ready to do the like Whereupon presently I went to the Church-Yard where they were and there I found both parties with their Swords drawn ready but with much a do pacified them both and fearing lest by drawing such a Multitude together there might great danger and blood-shed happen I made Proclamation that every man should depart By means whereof I did not execute her Majesties Writ as I thought to have done rather chusing to adventure your Honours censures herein than to hazard so great a blood-shed Subscribed Your Honours most humbly at Commandment Owen Vaughan Also Mr. Secretary said there was a Schedule annext to the Letter which
the beginning of this Parliament Saving your presence M r Speaker It is called An Assembly of Fools I desire that the Printer that Printed it may be sent for he dwelleth over against Guildhall-Gate The House wondred much at this Motion and great murmuring there was At last the Speaker asked him where the Book was and where he saw it He Answered In the hands of one Mr. Henry Davies his Clerk of Lincolns-Inn but the Clerks name he knew not The Serjeant upon Consultation was sent for Mr. Davies and his Man into the Hall After a while they came up and notice being given thereof the Man only was sent for into the House who being asked what was his name he said it was John Baker being asked of whom he had the aforesaid Book he said of Jeremy Gouge of Cliffords-Inn being asked how long he had had it he Answered three or four days being asked if he knew it to be a Libellous and Seditious Book he Answered that he never knew any such matter in it being asked where the Book was he said at his Masters Chamber Then the Serjeant was commanded to take him forth and to command one of his men to go with him to Lincolns-Inn to fetch the Book Then the Speaker asked if they would have his Master in but Mr. Doyley stood up and said Mr. Davies was a very honest Gentleman and shewed him the Book first and wished him to complain unto this House He wished Mr. Davies might be stayed till the Book were brought and if then it pleased them to send for him into the House they might c. So he was stayed In the mean time Mr. Davies his man went to the Chamber for the Book which after it was brought and well scann'd by the Privy-Council it was found to be a meer Toy and an old Book Intituled the Second Part of Jack of Dover a thing both stale and Foolish for which they said Mr. Doyley was well laughed at and thereby his credit much impeached in the Opinion of the House Whereupon Mr. Speaker asked if they would have Mr. Davies and his Man brought into the House And all cryed No Then if they should be discharged and all said Yea Yea. The Bill for redressing certain inconveniences in the Statute of 21 Hen. 8. Cap. 13. Intituled An Act against Pluralities of Benefices for taking of Farms by spiritual men and for Residence was read the second time and disputed whether it should be committed in manner and form following viz. Mr. Dunn spake against this Bill and said it was no reason that men of unequal desert should be equally Beneficed or equalized with the best Doctor Crompton amongst many other Speeches wished that Pluralities of Offices might be taken srom the Laity and then Pluralities of Benefices from the Spiritualty Also in former Ages he said Impropriations were given to the Spiritualty and then no Pluralities allowed as also Spiritual men bound by Ecclesiastical Canons of their own from Marriage so that they might live with far less charge than now they do But having taken from them first the Impropriations they cannot keep that Hospitality which is required And next Marriage being tolerated among them they living at great charge both of Wife and Children one Benefice of small Cure sufficeth not Sir George Moore said He thought the Bill most sit to be committed it being in the general opinion a good Law and tending to a good and a religious end and such is the iniquity of this Age that for want of a good Law of this nature many Souls do not only languish but perish everlastingly for want of Spiritual Food I think therefore that though there be some imperfections in the Bill yet the body and parts of it may be amended to every mans satisfaction Mr. Lock said Mr. Speaker I think bare silence is not an exoneration of a Mans Conscience the similitude of Offices and Benefices made by the Doctor doth not hold under favour for Non est incipiendum cum Laicis sed incipiendum à Domo Dei Therefore if they begin first we shall follow in avoiding Pluralities Doctor James said That it had been said That Pluralities were the cause of bringing corruption into the Church but for that under favour said he I think the contrary because corruption is commonly where Poverty is but if competent living be given to the Minister I see no reason why just men should judge there to be corruption Secondly It was said that it would be a means of Preaching the Word for that I Answer that if hope of competent living be taken away it will be a means to make the best Wits refuse the study of Divinity And therefore an Historian saith well that Sublatis praemiis corruunt Artes. Consider besides that in England there are above eight thousand eight hundred and odd Parish Churches six hundred of which do but afford competent living for a Minister What then shall become of the multitude of our Learned men they have no other Preferments unless it be to get some Deanery Prebendary or such like which is no easy matter to do they being so few especially in this Catching Age. To give the best Scholar but as great proportion as the meanest Artisan or to give all alike there is no equality for inaequalibus aequalia dare absurdum And this will breed Poverty in the greatest Learned which is the Mother of Contempt a thing both dangerous and odious unto Divinity This must needs enforce Preachers to preach placentia which is a thing abhor'd even of God himself A Preacher who is no ordinary person ought to have an extraordinary reward for the Canon saith he must be ad minimum Artium Magister aut publicus aut idoneus verbi Divini Concionator Mr. David Waterhouse said Mr. Speaker Because my self am an Officer I mean only to speak of the Doctors similitude of Pluralities of Offices By the Common Law an Officer shall forfeit his Office for Non-Attendance so for a Benefice the Incumbent shall also forfeit But after the Statute came which made this toleration upon eighteen days absence so that now if we set this Statute at liberty again this shall be no innovation in us but a renovation of the Common Law And I will end only with this Caution to the House that commonly the most Ignorant Divines of this Land be double Beneficed Mr. Serjeant Harris said We seem to defend the Priviledges and Customs of the House but if we proceed to determine of this Bill Mr. Speaker we shall not only infringe a Custom which we have ever observed viz. to meddle with no matter that toucheth her Majesties Prerogative but also procure her great displeasure Admit we should determine of this matter yet her Majesty may grant toleration with a Non obstante And Mr. Speaker the last Parliament may be a warning to us when the like Bill by us was prefer'd and the same not only rejected but also her Majesty commanded
us proceed by Bill and see if the Queen would have denied it Another that the Patents should be brought here before us and cancelled and this were bravely done Others would have us to proceed by way of Petition which Course doubtless is best but for the first and especially for the second it is so ridiculous that I think we should have as bad success as the Devil himself would have wished in so good a Cause Why if idle courses had been followed we should have gone forsooth to the Queen with a Petition to have repealed a Patent of Monopoly of Tabaco Pipes which M r Wingfields note had and I know not how many conceits but I wish every man to rest satisfied till the Committees have brought in their resolutions according to your Commandments On Wednesday the 25 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill for the levying of Fines in the County and City of Chester was read the second time and committed unto all the Queens Learned Councel being of this House the Knights and Burgesses for the County and City of Chester Sir John Egerton and others who were appointed to meet upon Friday next in the Inner-Temple Hall at two of the Clock in the Afternoon Sir Edward Hobbie made Report of the Committees travel in the Bill touching M r Nevill and delivered in the Bill with some Amendments and a Proviso The Amendments and Proviso in the Bill for Mr. Nevill were twice read and Ordered with the Bill to be ingrossed and not to be read the third time until her Majesties Pleasure be further known to be signified unto this House by Mr. Sollicitor Mr. Speaker or some other thereunto appointed The Amendments in the Bill touching trifling Suits were twice read and with the Bill Ordered to be ingrossed The Bill to prevent double payment of Debt upon shop-Shop-Books was read the second time and committed unto Sir Walter Raleigh Mr. Beeston Sir Francis Hastings and others and the Bill was delivered to Mr. Beeston who with the rest was appointed to meet in the Inner-Temple Hall at two of the Clock in the Afternoon upon Friday next The Committees for the Exchequer Bill who were appointed on Saturday the 21 th day of this instant November foregoing brought in the Bill with some Amendments and after some Speeches therein had upon the question resolved that it should be presently recommitted to be considered of in the Committee Chamber of this House and thereunto are appointed Mr. Mountague Mr. Winch Sir Robert Wroth Mr. Jones Mr. Martin Mr. Tate Mr. Johnson c. Mr. Henry Mountague brought in the Bill touching Process and Pleadings in the Court of Exchequer with Report of the Amendments The Amendments in the Bill for Orders in the Court of Exchequer were twice read and with the Bill Ordered to be ingrossed Mr. Speaker after a silence and every man marvelling why the Speaker stood up spake to this effect It pleased her Majesty to command me to attend upon her Yesterday in the Afternoon from whom I am to deliver unto you all her Majesties most gracious Message sent by my unworthy Self She yields you all hearty thanks for your care and special regard of those things that concern her State Kingdom and consequently our Selves whose good she had always tendred as her own for our speedy resolution in making of so hasty and free a Subsidy which commonly succeeded and never went before our Councels and for our Loyalty I do assure you with such and so great Zeal and Affection she uttered and shewed the same that to express it our tongues are not able neither our hearts to conceive it It pleased her Majesty to say unto me that if she had an hundred tongues she could not express our hearty earty good Wills And further she said that as she had ever held our good most dear so the last day of our or her Life should witness it And that the least of her Subjects was not grieved and she not touched She appealed to the Throne of Almighty God how careful she hath been and will be to defend her People from all Oppressions She said that partly by intimation of her Council and partly by divers Petitions that have been delivered unto her both going to the Chapel and also to walk abroad she understood that divers Patents which she had granted were grievous to her Subjects and that the Substitutes of the Patentees had used great Oppressions But she said she never assented to grant any thing which was Malum in se. And if in the abuse of her Grant there be any thing evil which she took knowledge there was she her self would take present Order of reformation I cannot express unto you the Apparent Indignation of her Majesty towards these abuses She said that her Kingly Prerogative for so she termed it was tender and therefore desireth us not to fear or doubt of her careful reformation for she said that her Commandment was given a little before the late troubles meaning the Earl of Essex's matters but had an unfortunate Event but that in the middest of her most great and weighty occasions she thought upon them And that this should not suffice but that further Order should be taken presently and not in futuro for that also was another word which I take it her Majesty used and that some should be presently repealed some suspended and none put in Execution but such as should first have a Tryal according to the Law for the good of the People Against the abuses her wrath was so incensed that she said that she neither could nor would suffer such to escape with impunity So to my unspeakable comfort she hath made me the Messenger of this her gracious Thankfulness and Care Now we see that the Axe of her Princely Justice is laid to the Root of the Tree and so we see her gracious goodness hath prevented our Counsels and Consultations God make us thankful and send her long to Reign amongst us If through weakness of memory want of utterance or frailty of my Self I have omitted any thing of her Majesties Commands I do most humbly crave Pardon for the same And do beseech the Honourable Persons which assist this Chair and were present before her Majesty at the delivery hereof to supply and help my imperfections which joined with my fear have caused me no doubt to forget something which I should have delivered unto you After a little pause and silent talking one with another M r Secretary Cecill stood up and said There needs no supply of the Memory of the Speaker But because it pleased him to desire some that be about him to aid his delivery and because the rest of my Fellows be silent I will take upon me to deliver some thing which I both then heard and since know I was present with the rest of my Fellow Counsellors and the Message was the same
I went to Sir Edmund's Chamber where I found him to reconcile my self and make an Atonement for that was his word with him As I was doing this M r Serjeant came into the Chamber and there Arrested me whose Arrest I most willingly obeyed and do now acknowledge my self to have offended though not wittingly May it please you I have served her Majesty these eighteen Years in her Wars and in all my Life I was never Trespasser in any offence of this or the like nature I do therefore most humbly beseech you in your Wisdoms to have consideration of the nature and circumstances of mine offence and most willingly I do submit my self to your Censures William Mackerells being a poor simple Fellow could say nothing for himself but only that he knew not M r Pemerton to be of the House no not for his Life if it c. So the Serjeant was commanded to remove them forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with numbers of this nature only impunity the Cause Sir Edmund Morgan said The Gentleman Mr. Speaker is a Man of good desert sort and carriage and I think if he had known me to have been of this House he would not have served me with the Subpoena Truly he came to my Lodging and acknowledged his great fault and prayed me to extenuate it I protest I think he did not know I was of the House And therefore I humbly pray that in regard of his person and good service done to her Majesty his offence may be as freely remitted by the House as it is by me And that it would please you all to reserve your Justice to matters of greater importance Which-Speech was marvellous well liked of by the House M r Pemerton being asked what he could say whether William Mackerells knew him he Answered I and that his men had told him He said he knew that the said William was a very Knave and therefore he would not entreat the favour of the House but let him have the Justice of the House Which Speech was generally misliked as churlish M r Fleetwood a Counsellor of Grayes-Inn shewed unto the House that one Holland a Scrivener by Temple-Bar and his Man had beaten his Servant And he humbly prayed they might be sent for And the question grew upon dispute whether this were punishable And after upon a Precedent vouched by M r Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament And so agreed they should be sent for See the whole matter on Saturday next M r Kennell and M r Mackerells were brought to the Bar and after their offences laid open by the Speaker he said it pleased the House to have so favourable consideration of their offences that they should only have three dayes Imprisonment in the Custody of the Serjeant and pay him their Fees M r Downald moved the House first that that gracious Message which had been sent from her Majesty might be written in the Books of Records of this House being worthy to be written in Gold as well as it is written and fixed in the true heart of every good Subject Secondly That the Honourable Assembly of this House would move her Majesty and be earnest means of speed lest that which is now meant indeed may by protraction of time be altered or perhaps not so happily effected M r Secretary Cecill said I promised to be as silent as I could Among much Speech of the wise there wants not much folly much more in me I do not speak because I do dislike the Motion of the Gentleman that last spake but to defend the diligence and grace of the Queen It is no matter of Toy for a Prince to notifie in publick a matter of this weight Though the Idol of a Monopoly be a great Monster yet after two or three days I doubt not but you shall see him dismember'd And I protest there is not any Soul that lives deserves thanks in this Cause but our Sovereign Yesterday the Queen gave Order for a Draught of a Proclamation I had it in my hand You all know I went even now out of the House that was in the middle of M r Tate's Speech then I read it and sent for him that should deliver it to her hands Now what needs this new Zeal M r Davies said M r Speaker I stood up before to speak it is not much I had to say only this That which was delivered unto you from her sacred self I think to be Gospel that is Glad Tidings And as the Gospel is registred and written so would I have that also for if ever glad tidings came to the heart of the Subject they now come This is all Sir Sir George Moore said This eating and fretting Disease of Monopolies I have ever detested with my heart and the greater the grievance is the more inestimable is the grave wisdom of her Majesty in repealing them And therefore for us to think we can sufficiently requite the same it were to hold a Candle before the Sun to dim the Light And seeing she in her Clemency and Care to us hath taken the matter in her own hands I wish the matter may be no more spoke of much less proceeded in Sir Francis Hastings said It ought to be written in the Tables of our hearts c. Mr. Lawrence Hide said I think the Gentleman that set this Motion on foot spake out of Joy for her Majesties Grace and Zeal to have performance of her Promise In that he wished it might be recorded in Paper here or Parchment it is not to be intended but he meant also in our hearts which remain no longer than we live But Records remain long and will give a lively memory in Ages to come And therefore for that part of his Motion I think it very good and wish the Clerk may do it accordingly Mr. Comptroller said I think he that first moved this question exceedingly forgot himself and exceedingly detracted from her Majesty who I know out of her abundant love and grace to this House hath taken such speedy course as hath been delivered by my Fellow Counsellor With that affection she embraceth this House that in more familiar than Princely sort it hath pleased her to say Recommend me to the House with thanks for their promise and care for their common good Mr. Speaker said My Heart is not able to conceive nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care for our good c. Wherefore as God himself said Gloriam meam alteri non dabo so may her Majesty say in that she her self will be the only and speedy Agent for performance of our most humble and most wished desires Wherefore let us not doubt but as she hath been so she still will be our most Gracious Sovereign and natural
same Table Painted a Tree so lively as possible might be growing as it were out of the Sea There grew a question which was the most curious Workmanship and the deciding of the Controversie was referr'd to a third skilful Painter who gavethis Judgment of the Tree O valde bene sed non hic erat locus So may I say of this Bill It is as hard for this penalty to restrain this Sin as for Religion to spring out of the Common Law and to take effect Aristotle saith a Man may be Bonus Civis but not Bonus Vir And though I abhor the sin yet I deny not but a Sinner may be a good Member Moses when he saw God could but see his back parts only and no Man ever saw more Why these Swearers swear by all his Parts so perfectly as though they had seen him all over Philip King of France made a Law that the Swearer should be drowned Another Law was made that a certain sum should be presently paid as soon as he had Sworn or else the Swearer to lose his Head We use so much Levity in our Law that we had as good make no Law for we give a Penalty and to be taken upon condition before a Justice of Peace Here is wise stuff first mark what a Justice of Peace is and we shall easily find a Gap in our Law A Justice of Peace is a living Creature yet for half a Dozen of Chickens will dispense with a whole dozen of penal Statutes We search and ingross the retail These be the Basket Justices of whom the Tale may be verified of a Justice that I know to whom one of his poor Neighbours coming said Sir I am very highly rated in the Subsidy Book I be seech you to help me To whom he Answered I know thee not Not me Sir quoth the Country man Why your Worship had my Teem and my Oxen such a day and I have ever been at your Worships Service Have you so Sir quoth the Justice I never remember'd I had any such matter no not a Sheeps-Tail So unless you offer Sacrifice to the Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to levy a hundred men he will levy two hundred and what with chopping in and chusing out he 'll gain a hundred pounds by the Bargain Nay if he be to send out a Warrant upon a mans request to have any fetcht in upon suspicion of Felony or the like he will write the Warrant himself and you must put two shillings in his Pocket as his Clerks Fee when God knows he keeps but two or three Hindes for his better maintenance Why we have past here five Bills of Swearing going to Church good Ale Drunkenness and ..... this is as good to them as if you had given them a Subsidy and two Fifteenths Only in that point I mislike the Bill for the rest I could wish it good passage Sir Francis Hastings said amongst other Speeches to this Bill That such Justices were well worthy to be lockt up in an Ambery But he wisht that all might not be censured for one evil who though he neglected both the care of Conscience and Country which he should love yet doubtless many did not so as being touched in Conscience to remember that our long Peace should make us careful to please Him in doing of Justice that had preserved us and was the Author of our Peace God himself And thereupon the said Bill was ingrossed as aforesaid Mr. Wiseman moved the House to remember two things one that it had been an Antient Custom in Parliament sometimes to call the House which as yet was not done the other that whereas heretofore Collection had been used for the Poor those which went out of Town would ask leave of the Speaker and pay their money Sir Edward Hobbie said The Gentleman that last spake moved you but I would remove you a little further May it please you It hath been a most laudable Custom that some contribution or Collection should be made amongst us in pios usus And I humbly pray we do not forget our Parliamental Charity Every Knight paid ten shillings every Burgess five shillings part of the whole to the Minister and part to your Servant here and part to the Poor the rest at your disposals The last time our Charity ransom'd a Prisoner for the Father 's good desert The last time Sir Robert Wroth and Mr. Fettiplace were Collectors It rests in you either to appoint them or chuse others Mr. Fettiplace said It is true Mr. Speaker I was Collector the last year there was paid out of the money collected to the Minister ten pound to the Serjeant thirty pound to Sir John Leveson for the redemption of Mr. Fox his Son that made the Book of Martyrs thirty pound There was money given to Prisons that is the two Counters Ludgate and Newgate in London in Southwark two and Westminster one How old the Custom is I know not but how good it is I know For my own particular having once undergone that service already I humbly pray that it would please you to accept another Mr. Tate said Charity proceedeth from Conscience it breeds obedience to God it pleaseth God and so went on and spake for a Town in his Country lately burnt that it would please the House to contribute something to the Poors Loss The Bill for the assurance of the Joynture of Lucie Countess of Bedford was read the third time and passed upon the question The Bill for Denization of certain persons born beyond the Seas as also the Bill for Confirmation of the Grant of King Edward the Sixth to Sir Edward Seymour Knight had each of them one reading and passed upon the question and with three others were sent up to the Lords by M r Comptroller Mr. Secretary Herbert and others Sir Walter Raleigh made Report of the Travel of the Committees in the Bill touching the payment of Debts upon Shop-Books who were appointed on Wednesday the 15 th day of November foregoing and brought in the Bill with some small Amendments and prayed the reading thereof Mr. Tate likewise brought in the Bill from the Committees touching Sir Anthony Mayney Knight with some Amendments and Alterations by the same Committees who were appointed on Monday the 23 th day of November foregoing The Amendments in the Bill touching Sir Anthony Mayney Knight c. were twice read and Ordered to be ingrossed M r Davies made Report of the meeting of the Committees in the Bill touching Painters and certifieth the Bill with some Amendments The Amendments in the Bill touching Shop-Books were twice read and with the Bill upon the question and division of the House Ordered to be ingrossed viz. with the Yea a hundred fifty four and with the No eighty eight These things being thus transcribed out of the Original Journal-Book of the House of Commons now sollows a Message delivered by