of the Proceedings of this House to direct them with his Holy Spirit and a form of Prayer was then read to the House by the Clerk And then afterwards the House proceeding to the Election of a Speaker the said M r Treasurer first speaking did for his own part name and commend the said M r Popham alledging many good reasons and causes moving him thereunto but still leaving nevertheless liberty without prejudice to the residue of the House to name whom they would or thought good And thereupon the whole House with full consent of Voices agreed upon the chusing of the said M r Popham who standing up and much disabling himself in dutiful and reverend wise and alledging for himself many reasonable causes and excuses besought them humbly to proceed to a new Election whereof the House did not allow and so then was he forthwith by the said M r Treasurer and M r Comptroller brought up and placed in the Chair and order thereupon given that the House should the next day Assemble together both to understand her Majesties Pleasure for presenting of the Speaker and also to determine of the case of the said persons newly returned into this House in the places of others yet living On Thursday the 19 th day of January the House again Assembled the Speaker Elect sitting in the Chair The matter began to be debated touching the said Burgesses of whom question was made the day before and the Case was opened by M r Norton a Citizen of London to the effect following viz. That there be Members of this House absent in her Majesties Service as in Embassage or in her affairs in Ireland in whose place new be returned Item some persons be sick of durable Diseases as Agues c. and new be returned in their places Item one M r Flowerden was the last Session Burgess for Castle-Rising in Norfolk and in the Vacation was sick Upon suggestion of which sickness a Writ went to chuse a new Whereupon Sir William Drewry is Chosen and returned for Castle-Rising who now appeareth and M r Flowerden also In the same Vacation one Beamond a Citizen for Norwich is sick of the Gout upon suggestion whereof a Writ went out to chuse a new for Norwich M r Flowerden is chosen returned and newly sworn for Norwich Vide March 18 th Saturday postea The Questions are whether such as be returned in places of persons sick or of persons absent in the Queens Service be Burgesses and the old discharged M r Norton thought the old Burgesses remained and that the said causes of sickness and service are good excuses for their absence but no causes to remove them and to chuse new And for this he alledged divers Precedents as of Doctor Dale Embassador in France and of Sir Henry Sidney Deputy of Wales who having been formerly both of them Members of the House of Commons and absent by reason of both their said Imployments yet when their case was once made known unto the House and there questioned they were still retained as Members of the said House and no new chosen or admitted But however although such absent Members by reason of sickness or Foreign Imployment might be removed yet that ought not to be done upon a suggestion in the Chancery but by the Judgment of the House of Commons upon information thereof M r Serjeant Flowerden M r Robert Snagg M r Seintpoole and M r Serjeant Fleetwood Comptroller argued to the contrary and said that in all these cases new are to be chosen and the old discharged And that it needeth not to have discharge by the Judgment of the House but it sufficeth to make suggestion in the Chancery and to procure a Writ thereupon for a new Election And to question this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court. And it was further alledged that not only in these before-recited Cases but also in all others where any new Elections are to be made if the Lord Chancellor send out a Writ upon any suggestion to chuse a new Burgess in the place of an old whether the cause be sufficient or non-sufficient to remove the old or whether the suggestion be true or false yet if a new be returned the House of Commons is to accept the Burgess and to allow the return and the old Burgess remaineth discharged until the matter be further cleared upon the Examination and Judgment of the said House And according to these opinions the new Burgesses Elected and returned in places of men living were received and allowed in the said House M r Flowerden keeping his place for Norwich Sir William Drewry for Castle-Riseing M r Richard Herbert in place of M r Pugh for Montgomery and so the like of the rest that were new Elected Vide the contrary resolved March the 18 th postea Nota That all this was done after the Election of John Popham Esquire the Queens Sollicitor for Prolocutor or Speaker but before his Presentation to the Queen or her Majesties allowance of him The agitation of which question was doubtless either privately muttered in the House or if it were disputed openly it was suddenly and unwarrantably done in respect that the House of Commons have no power to determine or resolve of any thing after the Election of the Speaker till he be presented and allowed as may easily be Collected by all Precedents both of latter and former times Neither did this opinion of the House thus irregularly given take any great effect because the contrary was resolved March 18 postea In the mean time of those foregoing Arguments and Disputations in the House it was signified unto the said House that her Majesties Pleasure was that the Speaker should be presented unto her Highness on the next day following at two of the Clock in the Afternoon in the Upper House On Friday the 20 th day of January the House Assembled together and about two of the Clock in the Afternoon they had notice that the Queen with the Lords Spiritual and Temporal were all set in the Upper House Whereupon the Knights Citizens and Burgesses hasted thither with M r Popham their Speaker and being let in as many as conveniently could and the said Speaker brought up to the Bar at the lower end of the said House by two of the most eminent Personages of the House of Commons he there made his humble excuse and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed But notwithstanding his said excuse her Majesty by the Lord Chancellor signified her Allowance of him for which the said Speaker rendred his humble thanks and Petitioning in the name of the House of Commons for Liberty of Speech for free access to her Majesty and for freedom from Arrests according to the usual form the Lord Chancellor by the Queens Commandment made him a gracious Answer after which ended the Knights Citizens and
Seas Succeeded to all the Realms and Dominions of Mary her Sister excepting Callais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen and finding also the Innocent Blood of Gods Saints shed for the Witness of the Truth to have stained the former Government with the just Brand and Stigma of persecuting and Tyrannical And that her Realms and Dominions were much impoverished and weakened whilst in the mean time her Enemies every where abroad were encreased not only in Number but in Strength and Power She therefore in the very entrance of her Reign well considering and foreseeing that the surest and safest way to Establish the Truth to abolish all Foreign and usurped Authority to repair the breaches and weaknesses of her said Realms and Dominions to strengthen her Kingdoms with Shipping and Munition and to revive the decayed Trade thereof was by the common advice and Council and with the Publick assent of the Body of her Realm did Summons herfirst Parliament to begin on Monday the 23th day of January having before made and appointed that wise and able Statesman Sir Nicolas Bacon Knight Lord Keeper of the great Seal of England In the setting down of this Journal of the upper House in An. 1. Reg. Eliz. An. Dom. 1558. Summoned to begin at the day and place aforesaid I have caused to be Transcribed many things at large out of the original Journal Book Some things also of Form I have added to it which are in the very Original it self omitted in this regard only because they were but matters of Course and not much material yet I was much desirous both in this Journal of the Upper House and in that also of the House of Commons in this first year of the Queen to supply once for all the whole matter of Form that so I might the better omit it in the following Journals and have ready recourse hither unto it being all framed into one Structure or Body In this Journal of this first year is set down the ground form and return of the Writs of Summons with their usual and common differences the Commission for Prorogation and the form of Proroging the Parliament to a surther day The manner of the beginning of the Parliament with the Sitting of the Lords Spiritual and Temporal The places of Peers under age and of Noblemens Sons their Fathers living and the difference The whole form Verbatim of the Receivers and Tryers of Petitions And lastly for what or by whose Licence the Lords both Spiritual and Temporal may absent themselves from the Parliament House and send their Proxies the forms of Proxies the cause of a Vacat the several observations upon the return of such usual or unusual Proxies as were this Parliament returned the returns of which are set down at large out of the Original Journal Book it self with divers other things of the like nature and are digested as the following Passages of this first Parliament of Queen Eliz. into an orderly and exact Journal Before the Writs for the Summoning of this Parliament were sent forth the Queens Majesty did send her Warrant to Sir Nicolas Bacon Knight Lord Keeper of the great Seal of England commanding him speedily to cause the said Writs to be made as in like cases had been formerly accustomed the usual Form of which Warrant being by Bill Signed is as followeth Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right Wel-beloved Nicolas Bacon Knight Lord Keeper of our Great Seal of England Greeting Whereas we by our Council for certain great and urgent Causes concerning us the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and continuance of the same have appointed and Ordained a Parliament to be holden at our City of Westminster the sirst day of April next coming in which case divers and sundry Writs are to be directed forth under our Great Seal of England as well for the Prelates Bishops and Nobility of this our Realm as also for the Election of Knights Citizens and Burgesses of the several Counties Cities and Burroughs Towns of the same to be present at the said Parliament at the day and place aforesaid Whereupon We Will and Command you forthwith upon the receipt hereof and by Warrant of the same to cause such and so many Writs to be made and Sealed under our Great Seal for the accomplishing of the same as in like Cases hath been heretofore used and accustomed And this Bill Signed with our own hand shall be as well unto you as to every such Clerk and Clerks as shall make and pass the same a sufficient Warrant or Discharge in that behalf given Upon this Warrant the Lord Keeper sends out the said Writs of Summons returnable the 23th day of January being Monday and bearing Date at Westminster the 5th day of December in the first year of the Queen the form of which Writ is as followeth Elizabetha Dei Gratia Angliae Franciae Hiberniae Regina Fidei Defensor c. Clarissimo Consanguineo suo Thomae Duci Norfolciae c. Salutem Quia de advisamento assensu Consilij nostri pro quibusdam ardius urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quodd am Parliamentum nostrum apud Civitatem nostram Westmonasterij vicessimo tertio die Januarij proximè futuro teneri ordinaverimus ibidem vobiscum cum Prelatis Magnatibus Proceribus dicti Regni nostri colloquium habere tractatum vobis sub fide ligeancia quibus nobis tenemini firmiter injungendo Mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quâcunque dictis die loco personaliter intersitis nobiscum cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque consilium impensur ' hoc sicut nos honorem nostrum salvationem Defensionem Regni Ecclesiae praedict ' expeditionemque negotiorum dictorum diligitis nullatenus omittatis Teste me ipsà apud Westmonasterium quinto Die Decembris Anno Regni nostri primo The Writ to the Archbishop of York for the See of Canterbury was now void by the Death of Cardinal Pool was after this Form ensuing Elizabetha Dei Gratia c. Reverendissimo in Christo Patri Nicholao Archiepiscopo Eboracen ' c. And so to the end as it is in the Duke of Norfolks Writ unless perhaps after the word Mandamus the words following are in fide dilectione quibus nobis tenemini c. instead of these words to the Temporal Lords Sub fide Ligeancia quibus nobis tenemini The Writs that were directed to the two Marquesses of Winchester and Northampton and to
conclusa commissa Sollicitatori Dominae Reginae Doctori Lewis in Domum Communem deferend Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the second day of May Five Bills of no great moment had each of them one reading of which the second being the Bill touching William Skeffington was read primâ vice and the third against Fugitives over the Seas was read primâ vice commissa unto divers Lords Spiritual and Temporal of which the Lord Hastings of Loughborough a Grand Papist was one Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem proximum horâ nonâ On Thursday the 3 d day of May Five Bills of no great moment had each of them one reading of which the fourth being the Bill touching Dilapidations by Ecclesiastical persons was read primâ vice and committed unto Viscount Hereford Viscount Mountague the Bishop of Winchester the Bishop of Worcester the Bishop of Ely the Bishop of Rochester the Bishop of Carlisle the Bishop of Lincoln the Lord Grey the Lord Cobham Doctor Lewes and Doctor Yale Nota Though it be very usual in most of the Journals of her Majesties Reign for the Judges and sometimes for the Queens Learned Councel to be nominated joint Committees with the Lords this present commitment foregoing is a very rare and unusual President in respect that two Doctors only as I conceive of the Civil Law are made joint Committees as aforesaid But the reasons of this here may well be in respect that this Bill concerned Dilapidations properly belonging to the Ecclesiastical Courts in which they are for the most part best Experienced And this may be a cause also that the Spiritual Lords in this Committee are more than the Temporal which is very seldom or rarely seen but in some such like Case Two Bills were brought from the House of Commons of which the second was the Bill for the Ministers of the Church to be of sound Religion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati proximum horâ nonâ A Release at large and ad verbum by Henry Sacheverill of Risby in the County of Leicester Gent. unto William Skeffington and his Heirs of all the right which the said Henry Sacheverill had by Feoffment of William Skessington Esq and Ralph Sarheverill and their Cofeoffees Dated 30 die Januarii anno 22 Regin Eliz. in the Mannors Lands c. of and in Kersby Trussington Thriamoston Humberston Silby Burton super Molez in Queenborough in Com. Leicester which the said William Skeffington and Ralph Sacheverill had from George clemand and in all other Mannors Lands c. lying in the Towns and Fields of Skevington in the County of Leicester and Stock in the County of Lincoln or elsewhere in England cognit usitat locat reputat seu accept ut possessiones haereditamenta praedicti Willielmi Skeffington Licet tamen re verâ iidem Willielmus Rudolphus nec corum alter eadem maneria terras Tenementa Haereditamenta in illo scripto ultimo nominato mihi praefato Henrico tradere dimittere feoffare concedere deliberare seu confirmarè niminè intenderint seu voluerint sed tantummodo idem scriptum taliter continens eadem Maneria terras tenementa haereditamenta per frandem deceptionem mei praefati Henrici indebitè obtentum suit Then the same Deed of Release containeth Warranty of all the Premises unto William Skeffington and his Heirs against the said Henry Sacheverill his Heirs and Assigns for ever In cujus rei testimonium huic praesenti scripto meo sigillum meum apposui Dat. quinto die Martii Anno Regni illustrissimae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae Hiberniae Reginae Fidei Defensor c. Decimo tertio Nota That Robert Bowyer Esq who succeeded Sir Thomas Smith Knight in the place of Clerk of the Upper House in An. 6 Jacobi Regis in his Abridgment of the Journal of the Queens time hath at the end of this business touching Henry Sacheverill inserted this Note ensuing Upon what occasion or how this matter between Skeffington and Sacheverill came in Question in the Parliament or why other than that a Bill touching William Skeffington was brought from the House of Commons on Tuesday the first day of this instant May preceeding and had its first reading on Wednesday the 2 d day and its second reading on Thursday the 3 d day of the same Month foregoing and was also read the third time and concluded on this present 5 th day of May on which the said Release was Entred in the Parliament Book appeareth not in the Journal so much as by circumstance which seemeth to have happened through the negligence of the Clerk of the Parliament who was either M r Spilman or M r Anthony Mason alias Weeks On Saturday the 5 th day of May to which it should seem the preceeding Release is to be referred Four Bills of no great moment had each of them one reading of which the third being the Bill whereby certain offences be made Treason was read secundâ vice and committed unto the Archbishop of Canterbury and others Two Bills also were brought to the Lords from the House of Commons of which the first was the Bill for the coming to Church and receiving the Communion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora Octavâ May the 6 th Sunday On Monday the 7 th day of May Eight Bills of no great moment had each of them one reading of which the last being the Bill touching Dilapidations by Ecclesiastical Persons was read primâ vice and committed unto the Lords that were before in that Bill appointed whose names see on Thursday the third day of this instant May foregoing and the Earl of Leicester and the Lord of Loughborough were added unto them Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Tuesday the 8 th day of May Four Bills of no great moment had each of them one reading of which the last being the Bill for respite of Homage was read secundâ vice commissa Attornato Sollicitatori Dominae Reginae The fourth lastly being the Bill whereby certain offences be made Treasons was read tertiâ vice conclusa with a new Proviso added thereunto by the Lords and certain Amendments and committed to M r Attorney and M r Sollicitor to be carried to the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the 9 th day of May the Bill for coming to Church and receiving the Communion was read secundâ vice and committed to the Earl of Sussex the Earl of Huntingdon the Earl of Bedford Viscount Mountague the Bishop of Winchester the Bishop of
more grievous matter which we would wish all them to read that in great offences under the colour of pity are loth to have sharp punishment used Here you may perceive that God willeth his Magistrate not to spare either Brother or Sister Son or Daughter Wife or Friend be he never so high if he seek to seduce the People of God from his true Worship much less is an Enemy and Traitor to be spared Yea and he addeth the cause why he would have such sharp punishment used in such Cases That Israel may fear to do the like But the late Queen of Scots hath not only sought and wrought by all means she can to seduce the people of God in this Realm from true Religion but is the only hope of all the Adversaries of God throughout all Europe and the Instrument whereby they trust to overthrow the Gospel of Christ in all Countries And therefore if she have not that punishment which God in this place aforementioned appointeth It is of all Christian hearts to be feared that Gods just Plague will light both upon the Magistrates and Subjects but that by our slackness and remiss Justice we give occasion of the overthrow of God's Glory and truth in his Church mercifully restored unto us in those latter days Constantinus Magnus caused Licinius to be put to Death being not his Subject but his Fellow-Emperor for that the said Licinius laboured to subvert Christian Religion And the same Constantinus is for the same in all Histories highly commended Much more shall it be lawful for the Queens Majesty to Execute this Woman who besides the Subversion of Religion hath sought the Life of the same our Gracious Soveraign The Fourth Reason It is dangerous for any Person being a Prince both for his own State as also for that punishment which may come from God's hand by slackness of Justice in great offences to give occasion by hope of impunity of the increase of like wickedness Joab being spared of David for Murthering Abner killed Amasa also Because Amnon was winked at by his Father for committing Rape and Incest with his own Sister Absalom under hope of like Impunity was emboldened to murther his Brother Amnon But look I pray you how grievously God punished that slack Justice of David coloured with a tender heart towards his Children Did he not suffer yea and by his just Judgment raise one of his own Sons towards whom he used that excessive tenderness and pity to rebel against him and drive him out of his own Kingdom The late Scottish Queen hath heaped up together all the Sins of the Licentious Sons of David Adulteries Murders Conspiracies Treasons and Blaspemies against God also and if she escape with small punishment her Majesty in Conscience ought as also good and faithful Subjects to fear that God will reserve her as an Instrument to put her from the Royal Seat of this Kingdom and to plague the unthankful and naughty Subjects Quod omen ut Deus avertat precamur Shall we think that God will not plague it Surely our hearts do fear he will do it grievously The fifth Reason A Prince ought in Conscience before God by all the means he can to see to the Quietness Safety and good Estate of that People over which God hath appointed him Governour For in the Prophets oftentimes under the names of Pastors and Watchmen he threatneth great punishment to Princes and Governours for the contrary especially in Ezechiel 33 and 34. And signifieth that if his People perish either in Soul or Body by slackness in administring justice or by any other mis-government God will require their Blood at the Princes hands which places as they may be applied to Prophets and Teachers so do they not exclude but principally comprehend Kings and Magistrates as Hieronymus noteth in Ezechiel 33. the words of the Prophet are these viz. If the Watchmen see the Sword and blow not the Trumpet so that the people is not warned If the Sword come then and take any man from among them the same shall be taken away in his own sin from among them but his Blood will I require at the Watchmans hand Ezechiel 33. And again Woe unto the Shepherds that destroy and scatter my Flock saith the Lord c. You scatter and thrust out of my Flock and do not look upon them Therefore will I visit the wickedness of your imaginations c. Jer. 23. By these and such other words in many places God signifieth if his People perish either in Soul or Body by the slack or remiss Government of them that are appointed Rulers over them and as it were Shepherds and Herdsmen to keep them from danger that he will require the Blood of his people at their hands But the late Scottish Queen with her Allies by the pretensed Title and other wicked devilish and Traiterous devices and workings is like to bring confusion to this Realm of England and the People thereof as evidently appeareth to all good and faithful Subjects Therefore the Prince offendeth grievously before God and is in danger of the Blood of Gods People if for the safety of the same she doth not cut her off 3 Reg. 2. Solomon a Wise and godly Prince spared not his own natural yea and his Elder Brother Adonijah for suspition and likelihood of Treason and for a Marriage purposed only but put him to Death for the same and that speedily without course of Judgment lest by delay trouble and danger might have ensued not only to his own Person being Prince and Chief Minister of God in that Land but also to that People over which he had charge and for safety whereof in Conscience he was bound to deal He would have thought it a great burthen to his Conscience if by the sparing of one mans Life were he never so nigh of Blood unto him he would have hazarded the Seat in which God had placed him and the Blood of many thousands of his People which by a Rebellion might have been spent But this Woman and her greatly desired Husband as she pretendeth have put far more hainous matters in Execution wherefore her Case standing as it doth there is no scruple in Conscience to proceed with Severity but great danger in Conscience for dealing too mildly and contrary to Order of Justice making the punishment less than the offence with the danger of her Majesties own person the hazard of the Realm and the Subversion of Gods Truth The sixth Reason It is dangerous for any Christian Prince and contrary to the word of God with colour of Mercy and Pity to do that whereby he shall discourage and kill the hearts not only of his own good Subjects and faithful Councellors but also of all other Nations faithfully professing Gods Religion and his true worship as may well appear in the Example of David David having this infirmity of too much Pity and Indulgency towards Offendors which is not of any Prince to be followed
were appointed to have Conference in the Star-Chamber to Morrow at three of the Clock in the Afternoon for drawing of a Bill against the oppression of common Promoters The Bill lastly for setting the poor on work and for avoiding of Idleness was read the second time On Saturday the 11 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill for M r Hatton was read the first time Upon sundry Arguments made unto the Bill for setting the poor on work and for avoiding of Idleness it was committed unto M r Treasurer Sir Rowland Hayward Sir Nichlas Arnold M r More M r Robert Bowes M r Atkins M r Alford M r Aldrich M r Sampoole M r Norton M r Cromwell M r Snagg M r Layton M r Waye M r Popham M r Woley M r Fleet M r Honnywood M r Longley M r Ailmer M r Newdigate M r William Thomas M r Tate M r Owen M r Grimston and M r Cure to meet at this House upon Monday next at three of the Clock in the Afternoon Christopher Dighton Gent. one of the Citizens for the City of Worcester was licensed by M r Speaker to take his Journey unto the said City of Worcester for Execution of Dedimus potestatem in the Service of our Soveraign Lady the Queens Majesty On Monday the 13 th day of February Five Bills of no great moment had each of them one reading of which the last being the Bill that in Actions upon the Case brought for words the County may be traversed was read the second time and committed presently after this Forenoon M r Treasurer for himself and the residue of the Committees for the Subsidy whose names see on Friday the 10 th day of this instant February foregoing declared that upon Conference had amongst them at their meeting together upon Friday last they did then Assent unto certain Articles for drawing of a Bill for one Subsidy and two Fifteenths and Tenths to be paid at several times whereupon the same Articles were read by the Clerk and then by Order of the House were the same Articles delivered to some of the Committees being of the Privy-Council that some of the Queens Majesties Learned Councel may by Warrant from this House cause the same Bill to be drawn accordingly Vide concerning this matter on Wednesday the 27 th day of this instant February ensuing The Bill for traversing of the County in Actions upon the Case was committed unto M r Seckford Master of the Requests M r Colshill M r Newdigate and others who were appointed to meet upon Thursday next at three of the Clock in the Afternoon in the Temple Church The Petitions touching Ports was read and committed unto all the Privy-Council being of this House the Lord Russell M r Captain of the Guard Sir Thomas Scott Sir William Winter M r Recorder of London the Burgesses for Dover M r Sampoole M r Grice Mr. John Hastings Mr. Norton Sir Arthur Basset Mr. Diggs Sir Henry Gate Sir Henry Wallop Mr. Langley Mr. Hawkins Richardson Mr. Randall Mr. Gardiner Mr. Sanders Mr. Jenison Mr. Beale Mr. Honnywood Mr. Tremaine Sir George Speak Mr. Captain of the Wight Sir Henry Ratcliffe Mr. Elesdon Mr. Layton and the Burgesses of Linne to meet to Morrow at three of the Clock in the Afternoon in the Exchequer Chamber Sir Nicholas Arnold Mr. Snagg Mr. Norton and Mr. Atkins were added to the former Committees for drawing of a Bill against the Promoters whose names see on Friday the 10 th day of February to meet upon Thursday next in the Afternoon at two of the Clock in the Treasury-Chamber near the Star-Chamber The Bill for reformation of Errors in Fines and common Recoveries was read the second time and committed unto Mr. Recorder of London Mr. Attorney of the Dutchy Mr. Baber Mr. Yelverlon and others to meet at three of the Clock this present day in the Exchequer Chamber Charles Johnson of the Inner Temple Gent. being Examined at the Bar for coming into this House this present day the House sitting confessing himself to be no Member of this House is Ordered that M r Wilson Master of the Requests Mr. Recorder of London and Mr. Cromwell to examine him wherein he seigned to excuse himself by ignorance he was committed to the Serjeants Ward till further Order should be taken by this House Sir Richard Read and Mr. Doctor Berkley brought into this House a Bill from the Lords touching the diminishing and impairing of the Coins of this Realm and of other Foreign Coins not currant within this Realm Two Bills lastly had each of them their several readings of which the second being the Bill for the preservation of the Lords Seignories was read the second time and Ordered to be ingrossed On Tuesday the 14 th day of February the Bill for Mr. Hatton was read the second time and Ordered to be ingrossed and committed unto Mr. Treasurer Mr. Heneage Mr. Cromwell Mr. Dalton Mr. John Spencer Mr. Norton and Mr. Alford to examine the suggestion of the Bill touching the consent of the parties to the passing of the same Bill whereupon Mr. John Spencer one of the Committees being also one of the persons named in the said Bill so resolved the residue of the Committees that upon the report thereof made to the House by Mr. Treasurer it was presently Ordered that the Bill should be ingrossed and the Proviso omitted and left out The Bill for the true payment of the Debts of William Isley Esquire was read the second time and the Proviso to the same Bill being twice read it was committed to Mr. Secretary Walsingham Mr. Chancellor of the Exchequer Mr. Treasurer of the Chamber and others Two Bills lastly of no great moment had each of them one reading of which the first being the Bill for Jeofailes was read the first time On Wednesday the 15 th day of February Three Bills of no great moment had each of them one reading of which the third being the Bill against diminishing and impairing the Coins of this Realm or of other Foreign Realms currant within this Realm was read the second time and committed to Mr. Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Smith Mr. Secretary Walsingham Mr. Captain of the Guard Mr. Chancellor of the Dutchy Mr. Heneage Mr. Lieutenant of the Tower Mr. Sandes Mr. Darrington Mr. Popham and Mr. Norton to confer with the Lords at the next time that any Bill shall be sent to the Lords from this House The Bill against Bastardy was upon the second reading committed unto Mr. Comptroller Mr. Secretary Smith Sir Thomas Scott and others to meet upon Friday next at three of the Clock in the Afternoon at the Star-Chamber The Bill for reformation of Jeofailes c. was read the second time and committed unto Mr. Seckford Master of the Requests Mr. Serjeant Lovelace Mr. Recorder of London and others The Bill for the Freemen of the
in the days of our Predecessors by the punishment of such inconsiderate and disorderly Speakers hath appeared And so to return Let this serve us for an Example to beware that we offend not in the like hereafter lest that in forgetting our duties so far we may give just cause to our gracious Soveraign to think that this her Clemency hath given occasion of further boldness and thereby so much grieve and provoke her as contrary to her most gracious and mild consideration she be constrained to change her natural Clemency into necessary and just severity a thing that he trusted should never happen amongst wise and dutiful men such as the Members of this House are thought always to be Between which Speech and the reftoring of the said M r Wentworth unto the House although it be not mentioned in the before-cited written Memorial of the said Speech I had by me as appeareth plainly by the Original Journal-Book of the House of Commons these ensuing Passages intervened in the said House as followeth viz. M r Treasurer M r John Thynne Sir Nicholas Arnold Sir Henry Gate M r Marsh and M r Cromwell were sent to the Lords for Conference presently touching the reforming of some amendments of this House in the Bill which came from the Lords for taking away the benefit of the Clergy from persons Convict of Rape and Burglary M r Doctor Vaughan and M r Doctor Barkley did bring from the Lords the Bill for preservation of Pheasants and Partridges All the Privy-Councel being of this House the Lord Russell M r Captain of the Guard the Masters of Requests M r Treasurer of the Chamber the Master of the Wardrobe the Master of the Jewel-House Sir Henry Knivett Sir Thomas Scott Sir John Thynne Sir William Winter M r Crooke M r Popham M r Yelverton M r Norton M r Sampoole M r Alford and M r Skinner were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber touching Conference for the manner of Petition to be made unto the Queens Majesty touching Marriage Vide on Friday the 9 th day of this instant March foregoing and on Wednesday March the 14 th in the Afternoon ensuing These intervening Passages being thus transcribed out of the Original Journal-Book of the House of Commons now follows the manner of the restoring of the aforesaid Peter Wentworth Esquire being partly transcribed out of the abovesaid Original Journal-Book and partly out of the before-mentioned written Memorial or Copy thereof in manner and form ensuing M r Peter Wentworth was brought by the Serjeant at Arms that attended the House to the Bar within the same and after some Declaration made unto him by M r Speaker in the name of the whole House both of his own great fault and offence and also of her Majesties great and bountiful mercy shewed unto him and after his humble Submission upon his Knees acknowledging his fault and craving her Majesties Pardon and Favour he was received again into the House and restored to his place to the great contentment of all that were present This business of M r Wentworth being thus at large set down now follows a great part of the residue of this dayes Passages out of the Original Journal-Book of the House of Commons it self The Bill for the Lord Stourton was read the third time in setting down of which Bill it seemeth the time of the reading is erroneously entred for this was doubtless the second reading and that the third as appeareth plainly by the Original Journal-Book it self was not until Tuesday the 13 th day of this instant March ensuing when the Bill also passed and it is the rather probable that this was but the second reading as is also set down in a written Memorial of this business I had by me in respect that it was upon this reading spoken unto ' and referred to Committees but as it should seem before the said Bill was agitated in the House or referred to Committees this business intervened which is Entred in the Original Journal-Book of the House of Commons in manner and form following M r Doctor Lewes and M r Doctor Yale did bring from the Lords the Bill touching taking away the benefit of the Clergy from Persons Convict of Rape and Burglary to be amended in the former addition of amendment thereof by this House whereupon the same being presently amended was together with the Bill of Addition to the former Statutes for amending and repairing of High-ways the Bill with the Amendments and Proviso for the repairing of the Bridges and High-ways near unto the City of Oxford the Bill for the Hospital of S t Cross near Winchester and the Bill for the Lord Viscount Howard of Bindon sent up to the Lords by M r Secretary Smith and others with the Bill also for maintenance of the Universities and of the Colledges of Eaton and Winchester to be reformed in the Amendments of their Lordships in the same Bill Which business being over-passed as it is inserted out of the Original Journal-Book of the House of Commons now follows the dispute in the House upon the foresaid second reading of the Lord Stourton's Bill which is supplied out of a written Memorial or Copy of that business I had by me with very little alteration or addition It was first alledged in the House of Commons against the further proceeding of the Bill for the restitution in Blood of the Lord Stourton whose Father was Attainted of Murther and thereby his Blood corrupted by some in the said House that the said party who now sued to be restored in Blood had before given cause for men to think that he would not hereafter be worthy of so much favour and by some other that there wanted in the Bill sufficient provision for such as had been Purchasers from his Father Grandfather and other his Ancestors To the first Objection it was said in the House That seeing her Majesty had so graciously yielded to his Petition there was no doubt but she was well satisfied in all such things as might touch him and therefore no cause that this House should mislike her gracious Favours to be extended to any of her Subjects in such Cases but rather to hope that he being a young Nobleman would prove a good Servant to her Majesty and the Realm as divers of his Ancestors had done The second Objection was thought worthy of consideration That if the saving which was already in the Bill were not sufficient there might be other provision added This dispute concerning the foresaid Bill being thus transcribed out of the foresaid written Memorial or Copy thereof I had by me now follows the Committees names who were appointed thereupon out of the Original Journal-Book of the House of Commons being as followeth M r Chancellor of the Exchequer the Master of the Wardrobe M r Recorder of London M r Norton M r Sampoole M r Dalton M r Savile M r Marsh M r Yelverton M r
only the said Elected Knights who as those also who opposed them brought their Councel on both sides and were fully heard what they could say After which also Mr. Recorder and himself desiring fully to inquire into this matter had conferred and devised therein with the Clerk of the Crown-Office in the Chancery and comparing those Records together with some of the Statutes Ordained in those Cases they do find such difference in them tending to matter of effect and to be Answered by the Sheriff if there be cause and not for any matter in their opinions for this House to deal with whereby to cassate or make void the said Election as they take it And yet because that resteth now chiefly upon matter of Precedents to see further how this House may decide this cause he declared that Mr. Recorder and he will make further search of the Precedents in like Cases with the Clerk of the higher House for that purpose and then further to advertise this House as cause shall require Vide concerning this matter on Tuesday the 8 th day and on Saturday the 12 th day of this instant December foregoing The Bill for the preservation of the Haven of Plymouth was upon the second reading committed unto Sir Francis Drake M r Wroth Mr. Edgcombe and others who were appointed to meet the third day of the next sitting of this Court in Lincolns-Inn Hall in the Afternoon of the same day A new Bill that Parsonages impropriate may be disposed to godly and charitable uses was read the first time Mr. Sollicitor touching the excessive number of penal Laws in force very intolerable to the Subjects neither possible to be kept and yet not any put in Execution as that for Apparel in King H. 8. his time and such like moved that a Committee be had of some selected Members of this House learned in the Laws to make a view of the same Laws against the next sitting of this Court after the Adjournment of the same to the end that this House may then thereupon proceed to some course of diminishing the great number of the same as upon due considerations in that behalf to be had shall be further thought meet and convenient And thereupon were named and chosen for that purpose all the Privy-Council being of this House Mr. Sollicitor Mr. Recorder of London Mr. Morrice Mr. Sandes Mr. Attorney of the Wards and others who were appointed to meet on Wednesday before the next Term in the Afternoon in Lincolns-Inn Hall The Bill for paving of the Town of Newark upon Trent after the third reading passed upon the question Mr. Treasurer and the residue of the Committees returning from the Lords he declared that they have received some Answer from their Lordships upon the Conference and referred the report thereof to Mr. Chancellor of the Exchequer as unto whom the same was by their said Lordships appointed to be delivered over unto this House Whereupon Mr. Chancellor of the Exchequer declared that their Lordships had caused the said Notes in writing to be read in the House and their Lordships found the said grievances to concern but some particular Countries and not the whole Realm to wit the Countries only of Warwick Lincoln and Essex and therefore might be considered to be reformed in time by some other convenient means But being Answered by the Committees of this House that albeit there were Petitions in writing exhibited but for these three Counties yet by Motions and Speeches in the House it well appeared to be the grief of the whole Realm Which their Lordships having understood did feelingly express how sensible they were of it and how truly they did join with us of the House of Commons in wishing the reformation thereof and were now ready to aid us with their best assistances therein as erst in the two last former Sessions of Parliament they had done at both which times her Majesty had thereupon Commanded some of the Lords of the Clergy to take care and consideration of the same causes wherein as little or nothing hath been done for case or redress of the same so their Lordships of the Upper House not minding to impute the fault thereof to any and yet remembring withal that their Lordships were present when her Majesty by the Mouth of the Lord Chancellor did give Commandment unto Mr. Speaker not to deal in the House of Commons with matters concerning Religion or the Church without her Highness pleasure first known and therefore do also take the same Commandment to extend as well to their Lordships as to this House have resolved that those of the Lords which are of her Majesties Privy-Council do first move her Highness to know her Majesties Pleasure therein before they proceed any further in the matter The Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas the Lord Chief Baron of the Exchequer and the Master of the Rolls being sent down from the Lords to the House of Commons and admitted into the said House the said Lord Chief Justice having in his hand a Commission under the Great Seal of England declared unto Mr. Speaker that her Majesty having given Authority by Commission under the Great Seal of England unto divers of my Lords the Bishops Earls and Barons of the Upper House to Adjourn this Parliament unto the 4 th day of February next coming the said Lords Commissioners have Adjourned the same in the Upper House and their Lordships have thereupon also sent them to this House to signifie the same Adjournment over unto this House that the Knights Citizens and Burgesses and Barons of this House may likewise take notice of the same Adjournment accordingly Which thing was also after their departure out of this House declared unto this House by Mr. Speaker And so thereupon this Court by Warrant and in sorm aforesaid was adjourned unto the said 4 th day of February next coming Which done M r Vice-Chamberlain standing up and putting the House in remembrance of her Majesties most Princely and loving kindnesses signified unto this House in the former Messages and Declarations of her Highnesses thankful acceptations of the dutiful cares and travails of this House in the Service of her Majesty and the Realm moved the House that besides the rendring of our most humble and Loyal thanks unto her Highness we do being assembled altogether joyn our hearts and minds together in most humble and earnest prayer unto Almighty God for the long continuance of the most prosperous preservation of her Majesty with most due and thankful acknowledgment of his infinite benefits and blessings poured upon this whole Realm through the mediation of her Highnesses Ministry unde him And he said he had a Paper in writing in his hand devised and set down by an honest godly and learned man and which albeit it was not very well written yet he would willingly read it as well as he could if it pleased them to follow and say after him as
John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House did according to the usual form humbly crave her Majesties most Royal Assent to such good Laws as had passed the two Houses Whereupon her Majesty having by her Assent given Life to thirty publick Acts and nineteen private the Parliament was Prorogued unto the 20 th day of May next ensuing and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin Eliz. Anno Domini 1586. THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two Several Prorogations thereof and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Journal of this Parliament both in respect of the greatness of the matter handled in it being the business of Mary Queen of Scots as also of the many rare Precedents which happened in the Carriage of it the Queens Person being represented and the Lord Chancellors place supplied by others with the Adjournment and re-assembling again of the same somewhat extraordinary is and ought to be esteemed most worthy of observation And it is most plain that this Parliament was at the first beyond the Queens own expectation summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesties life of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted and afterwards Judicially pronounced to have been in a high nature guilty But yet her Majesty not satisfied with her so just a Tryal and Attainder assembled the Parliament on purpose that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm And that this great Council of the Kingdom was merely called together at this time about this business is most plain because the last Prorogation of ths former Parliament holden in Anno 27 Regin Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem the former Parliament was dissolved on Wednesday the fourteenth day of September following in the 28 th year of her Majesty And this new one Assembled on Saturday the 29 th day of October immediately after ensuing At which time the Queen came not to the Upper House in Person but was represented by three Commissioners not as her Majesty afterward professed because she feared the Violence of any Assassinte but because she abhorred to be an hearer of so foul and unnatural a conspiracy plotted against her by the Scottish Queen a Kinswoman so near to her Highness Yet by this means her absence doubtless drew on the greater safety and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion the Security of her Majesties Life and the safety of these Realms Which matters the Lords of the Upper House did so seriously intend as that in this first meeting in this present Parliament which lasted from the foresaid 29 th day of October being Saturday unto the second day of December next following being Friday it appeareth not in the Original Journal-Book of the Upper House that any one Bill publick or private was read or so much as once treated of This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October by vertue of a Writ under the Great Seal dated the eighth day of this present October whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House and there in presence of divers Lords Spiritual and Temporal the Knights Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England and divers Lords with a good number of the House of Commons met again in the Parliament Chamber and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following being the 29 th day of this present October On which said 29 th day of October the Parliament held accordingly and the Lords in the Afternoon repaired to the Upper House and there placed themselves according to their several Degrees Upon which the Knights Citizens and Burgesses having notice that the Lords expected their presence repaired to the said House and being let in as many as could conveniently Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly that her Majesty was so hindred by great and urgent occasions as she could not be present yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament Whose names are entred in the Original Journal-Book of this Parliament in manner and form following Regina representata per Commissionarios viz. Archiepiscopum Cantuariensem Dominum Burleigh Thesaurarium Comitem Darbiae Magnum Seneschallum All the Lords then present were these following Archiepiscopus Cantuarien Thomas Bromley Miles Dominus Cancellarius Archiepiscopus Eboracen Dominus Burleigh Dominus Thesaurarius Angliae Comites Comes Oxon Magnus Camerarius Comes Kantiae Comes Darbiae Magnus Seneschallus Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Pembrook Comes Hartford Comes Lincoln Vicecomes Mountague Episcopi Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Bathon Wellen. Episcopus Sarisburien Episcopus Roffen Episcopus Exon. Episcopus Cestren Barones Dominus Howard Admirallus Dominus Aburgavenny Dominus Zouch Dominus Barkley Dominus Morley Dominus Dacres Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Lumley Dominus
matter of the said Petition And thereupon were appointed M r Treasurer and M r Vice-Chamberlain who going then presently to the Lords and returning again afterwards Mr. Vice-Chamberlain shewed that the Message they brought again from the Lords was very short to wit that their Lordships did appoint for that purpose to morrow in the Forenoon And afterwards the same Record of the whole course of the said proceeding in the said Commission being read and the said Petition then read also Mr. Vice-Chamberlain moved that this House would be Suitors to the Lords to have the said Petition entred and inrol led in the said higher House there to remain of Record as an Act. And thereupon it was upon the Question resolved by the whole House That the said Request should be made to their Lordships in that behalf by the said Committees on the morrow when they deliver unto their Lordships the full and whole good liking of this House had of the said Petition Then Mr. Speaker moved That for as much as by reason of the shortness of the said Petition he is appointed by this House to yield reasons unto her Majesty in such objections as should please her Highness to make touching the Contents of the said Petition the House would deliver him in writing for his better memory and the righter direction of their Service imposed upon him in that behalf such reasons as they should think meet for him in their Names to remember unto her Majesty And thereupon it was ordered That the said Committees of this House and every other Member of this House that would should meet at two of the Clock in the Afternoon of the same day in the Exchequer-Chamber and there shew and deliver such reasons inferring the necessity of the said Petition or other matter tending to the safety and preservation of her Majesties most Royal Person as to every or any Member of this House should seem meet and convenient And upon another Motion of Mr. Speaker that some of her Majesties Privy Council being of this House might be requested by this House to make humble Suit to her Majesty for Access of some competent number of this House unto her Highness accordingly It was prayed and agreed by the whole House that Mr. Vice-Chamberlain do the same And so then the House did rise and adjourned the Court until the Friday next following upon a former request then a little before made by Mr. Speaker for sparing his Service till then in respect he might in the mean time the better bethink and prepare himself to attend upon her Highness in performance of their said Charge so as before imposed upon him On Friday the 11 th day of November the Committees in the Bill for Orford-Haven whose Names see before on Monday the 7 th day of November are appointed to meet this Afternoon at three of the Clock in the Middle Temple Hall Mr. Cromwell one of the Committees for the Examination of Writs and the Returns for the Knights of the County of Norfolk which said Committees Names see on Friday the 4 th day of November foregoing maketh report That yesterday eleven of them met and upon view of the Dates of the same Writs and Returns and upon Conference by them then also had with the Clerk of the Crown and Under-Sheriff of Norfolk touching the manner of executing of the same Writs and Returns and hearing all such parties grieved with their learned Councel as repaired then to them for that purpose they do find that the first Writ and Return both in manner and form was perfect and also duly executed and the second Writ not so and that besides it might also be a perillous Precedent for the time to come to the Liberty and Priviledge of this House to admit or pass over any such Writ or Return in such manner and course as the said second Writ carrieth And further declared That they understood by the said Clerk of the Crown that the Lord Chancellor had then lately commanded him to receive and accept the said first Writ and Return by the which Mr. Farmer and Mr. Gresham were elected and returned as the Writ rightly and duly executed and did also understand by Mr. Recorder one of the said Committees That Sir Edmund Anderson Lord Chief Justice of the Court of Common Pleas had also shewed him that the said Lord Chancellor and the Judges had resolved That the said first Writ should be returned as that which was in all parts duly and rightly executed and not the second And shewed further That one of the Committees assenting with the residue in opinion of validity of the said first Writ and Return and of the invalidity of the said second and also in resolution that the explanation and ordering of the Case as it standeth appertaineth only to the Censure of this House moved notwithstanding in the Committee That two of the Committees might be sent to the said Lord Chancellor to understand what his Lordship had done in the matter which the residue thought not convenient first for that they were sufficiently satisfied therein by divers of themselves but principally in respect they thought it very prejudicial and injurious to the Priviledge and Liberties of this House to have the said Cause decided or dealt in in any sort by any others than only by such as are Members of this House and that albeit they thought very reverently as becometh them of the said Lord Chancellor and Judges and know them to be competent Judges in their places yet in this case they took them not for Judges in Parliament in this House and so further required that if it were so thought good Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of and received into this House by force of the said first Writ as so allowed and admitted only by the censure of this House and not as allowed of by the said Lord Chancellor or Judges Which was agreed unto accordingly by the whole House and so Ordered also to be set down and Entred by the Clerk Mr. Treasurer one of the said Committees in the said Examination sheweth for his part his privity and assent unto the whole recited course of proceeding in the said Committee as it hath been declared by Mr. Cromwell and that before himself the said Mr. Farmer hath already pronounced and taken his Oath Shewing further withal that in the Committee he moved that some might be sent to the Lord Chancellor to know what his Lordship had done in the matter which he then thought and yet still doth think necessary to have been done as one of the circumstances of the said examinations and not for want of any satisfaction otherwise but only in respect of the orderly proceeding in the Commission unto them by this House tending to circumstances of the matter of which he thinketh one to have been to send as aforesaid unto the said Lord Chancellor though they were resolved by themselves amongst themselves before
this Journal of the Upper House save only the return of divers unusual Proxies and a Speech used by her Majesty her self at the conclusion of the Parliament which also is supplied out of a certain Journal of the House of Commons very claborately taken by an Anonymus And Sir Christopher Haton the late Lord Chancellor being dead since the last Parliament whose death was occasioned from the grief he conceived at some harsh Speeches of her Majesty used unto him touching divers great sums due unto her from him Sir John Puckering her Highness Serjeant who had been twice before Speaker or Prolocutor of the House of Commons succeeded him in the full power and priviledges of his place though not in his title he having only the Stile of Lord Keeper of the Great Seal of England The Summons for this Parliament being Returnable upon this Monday the 19 th day of February it held accordingly the Queen coming privately by water accompanied with Sir John Puckering Lord Keeper of the Great Seal and many of the Lords Spiritual and Temporal There being present this day these Peers and others ensuing Archiepiscopus Cantuarien Johannes Puckering Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Wintoniae Comites Comes Oxon. Magnus Camerarius Angliae Comes Darby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Cantiae Comes Wigorn. Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Comes Essex Comes Lincoln Vice-Comes Bindon Episcopi Episcopus London Episcopus Dunelmen Episcopus Assaphen Episcopus Cestren Episcopus Covent ' Lich. Episcopus Lincoln Episcopus Petriburgen Episcopus Hertf. Episcopus Cicestren Episcopus Bangor Episcopus Wigorn. Episcopus Landaven Episcopus Salopiae Episcopus Bathon Wellen. Barones Dominus Howard mag Maresc ' Adm. Angliae Dominus Hunsdon Camerarius Reginae Dominus Strange Dominus Morley Dominus Stafford Dominus Grey Dominus Scroope Dominus Montjoy Dominus Sandes Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Sheffield Dominus North. Dominus Shandois Dominus St. John Dominus Buckhurst Dominus De la Ware Dominus Crompton Dominus Norris And the Queen and the Lords Spiritual and Temporal having on their Parliamentary Robes and having seated themselves in their several places The Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired to the Upper House Where contrary to the Ancient use and Custome they found the door shut upon them which happened by reason that divers of the House and others having gotten in privately before and filled up the place at the Bar or Rayl at the lower end of the said House Sir John Puckering Lord Keeper of the Great Seal by Commandment from her Majesty had already made some enterance into his Speech before the said Knights Citizens and Burgesses had any Notice of it who sate in their own House expecting to be called up to the said Upper House upon her Majesties coming But the door at length being opened by her Majesties Commandment about two of the Clock in the Afternoon as many as conveniently could were let in Where the Lord Keepers Speech was directly in these words following or not much differing from them He shewed in the first place as matter of Preface and Ornament not much material somewhat touching the Antiquity Nature and use of Parliaments Then he came to set forth as the principal matter which her Majesty did desire to have made known and manifest to all her loving Subjects the great Malice of the King of Spain which he had towards this Realm And that he shewed by sundry instances as his last Invasion intended his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma And then he proceeded in the rest of his Oration verbatim or much to the intent and purpose sollowing The high and mighty Ships that then he prepared and sent for that purpose because he found them not fit for our Seas and such a purpose he is building of Ships of a less Bulk after another Fashion some like French Ships some like the Shipping of England and many hath he gotten out of the Low Countries He is now for the better invading of England planting him in Britanie a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds of that Country In Scotland he hath of late wrought most of the Nobility to conspire against their King to give Landing to his Forces there and to assist him in his Invasion thither A greater part of the Nobility in Scotland be combined in this Conspiracy and they have received great Sums of Money for their service therein And to assure the King of Spain of their assistance they have Signed and sent their promises sealed to the King This Conspiracy the King of Scots was hardly brought to believe but that her Majesty advertised him thereof having entertained Intelligence thereof as she hath of all things done and intended in those parts And that the King might better advise thereupon her Majesty hath sent one of her Noblemen now into Scotland and the King hath assured her Majesty with all his Ability and endeavour to prevent the Spaniard whose purpose is on the North parts to assault us by Land and on the South side to invade us by Sea which is the most dangerous practice that could be devised against us And now the rage of this Enemy being such his Forces joyned with other Princes his Adherents greater the charge of her Majesty for defence of her Realm both with Forces by Sea and Armies by Land hath been such as hath both spent the Contribution of her Subjects by Subsidies and what otherwise they have offered her and also consumed her Treasure yea caused her to sell part of her Highness's Crown And it is not to be marvelled how all this is consumed but rather to be thought how her Majesty could be able to maintain and defend this her Realm against so many Realms conspired against us Wherefore we her Majesties Subjects must with all dutiful consideration think what is fit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an insupportable Charge Were the cause between Friend and Friend how much would we do for the relief one of another But the Cause is now between our Soveraign and our selves seeing there is so much difference in the Parties how much more forward ought we to be The Aid that formerly hath been granted unto her Majesty in these like Cases is with such slackness performed as that the third of that which hath been granted cometh not to her Majesty A great shew a rich grant and a long summ seemeth to be made but it is hard to be gotten and the summ not great which is paid
might not be committed to the Bishop of the Diocess because their Chancellors are so much affected to the Canon Law that some are infected with Popish Religion Besides the office of Bishops is to preach and this duty in the one calling would not be hindred by other affairs committed to their care Wherefore fitter it is that the Justices of Assize should have the appointment of them Then said Sir Edward Stafford it may be the Party is Enemy to him to whom the Child is committed therefore the Commitment is to be by two or three Then Mr. Wroth spake as followeth The Law hath no Proviso for Leases no remedy is appointed as by the distress or otherwise how the Guardian is to come by the money appointed to him for the Custody of the Child of a Recusant And it were fit to make a Proviso that no Party being next Heir to the Child should be his Guardian And the Recusant not to forfeit ten pound a Month for the keeping of his Wife otherwise for keeping of Servants Recusants After all these Speeches they agreed to have the Bill committed But the Committees names are all omitted in the said Anonymous Journal out of which these foresaid Speeches are inserted and are therefore to be supplied out of the Original Journal-Book of the House of Commons where they are set down in manner and form following viz. All the Privy Council Sir Thomas Cecil Sir Walter Raleigh Sir William Moore M r Feele M r Finch M r Wroth M r Greenfield M r Fulke Grevill M r Sands M r Cradock Sir Francis Hastings Sir Edward Stafford M r Morrice M r George Cary M r Peejam M r Tasborough Sir Henry Unton Sir William Bowes Sir Moyle Finch M r Attorney of the Dutchy M r Alice Sir Francis Vere Sir Edward Dimock Mr. Warren M r Lewes Mr. Tanseild Mr. Edw. Barker Mr. Beale Mr. Philips Mr. Stephenson M r Lewkenor M r Nat. Bacon M r Grimston Mr. Fuller all the Serjeants at Law Mr. George Moore Sir Thomas Wast Mr. Doctor Caesar Mr. Doctor Lewen Sir Henry Cock Sir Edward Cock Sir Edward Hobby Mr. Dier Mr. John Cary Mr. Emerson Sir Thomas Shirley Mr. Fanshaw Sir John Harrington Sir Henry Knivett Sir Charles Candish and Sir Francis Drake And the Bill was delivered to Mr. Serjeant Telverton who with the rest was appointed to meet upon to Morrow next at two of the Clock in the Afternoon at Serjeants-Inn in Fleetstreet Mr. Chancellor of the Exchequer one of the Committees in the great Cause for Consultation and provision of Treasure appointed on Monday the 26 th day of this instant February foregoing shewed that he and the residue of the Committees in that Case met yesterday in the Afternoon according to the Commission of this House and upon Conference had amongst them for some convenient proportion of Treasure to be provided did in the end agree that two intire Subsidies and four Fifteenths and Tenths should be granted unto her Majesty if this present House shall so think good Upon which Report by him made it was upon the question agreed unto by the whole House that the same two intire Subsidies and four Fifteenths and Tenths should be granted unto her said Highness accordingly Which done Mr. Nathanael Bacon one also of the said Committees put the House in remembrance that at their said Conference in the said Committee it was moved by some of them that the present necessity of the Causes now moving them to offer the said double Subsidy and double Fifteenths and Tenths should be set down and inserted in the Bill for the granting thereof After this Speech of Mr. Bacons there is no particular mention of any other Speech which was spoken at this time touching this business in the Original Journal-Book of the House of Commons and therefore these Speeches which follow are supplyed out of another Anonymous Journal of the passages of this Parliament more particularly mentioned at the beginning of this present Journal Sir Henry Knivett spake allowing the Subsidies but withal desired these things First that it might be lawful for every Subject to annoy the King of Spain that would that weak Forces might not be spent against him but a Royal Army That we should not wrastle with him on our own ground but abroad Further that all her Majesties debtors might be called in and her Majesty to have power to sell all the Debtors Lands of what State soever they were seized of No Steward or Commissioner but to answer her Majesty the Royal Fines and Sums they received All her Woods to be viewed and the great Timber to be for sale the Copy wood to be sold to encrease the Revenues Licences granted to any to have benefit of penal Statutes to be taken in and the whole benefit of Inns and Alehouses to come to the Queen A great benefit to come to the Queen by this new Statute against Recusants Their Children to be committed to persons of sound Religion The whole benefit of their relief and living to come to the Queen deducting only charges for Education of Children Serjeant Harris agreed on the Subsidy because Parliaments were seldom whereas by the Statute of 4 Edw. 3. they may be called every year The Subsidies to be granted to maintain Wars but whether it be War or no War as yet we know not And the things which we take from the Spaniard is doubted by many not to be lawful prize Therefore desires in the Subsidies to have it set down that those Subsidies be to maintain a War impulsive and defensive against the Spaniard Sir Walter Raleigh seconded his Speech agreeing in all things with the Serjeant and said he knew many that held it not lawful in Conscience as the time is to take from the Spaniards And he knew that if it might be lawful and open War there would be more voluntary hands to fight against the Spaniard than the Queen should stand in need of to send to Sea Nota That these aforesaid Speeches are all that are found in the forementioned Anonymous Journal and therefore that which follows is made perfect out of the Original Journal-Book it self in manner and form following viz. After the former and other like Speeches in which also some had moved that to make the Wars against the King of Spain and his Subjects lawful and warrantable it should be inserted into the preamble of the said Bill that so great and extraordinary supply was at this time given for the resisting of his power and preventing of his malice it was Ordered by the House upon the question that all the Serjeants at Law which are Members of this House Mr. Heile Mr. Philips Sir Walter Raleigh Sir Francis Drake Sir George Carey Mr. Doctor Caesar Mr. Doctor Awberry Mr. Francis Bacon Sir Francis Gudolphin Mr. John Hare Sir Thomas Conisby Mr. Attorney of the Wards Mr. Attorney of the Dutchy Mr. John Trevor Mr. Sands Mr. Doctor Lewen Mr. Beale Sir Henry Unton and Mr. Ridisden
should meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer for drawing the Articles and Preamble of the said Bill accordingly to the end the same Articles and Preamble being considered of afterwards by this House the same may be delivered by Mr. Speaker to her Majesties Learned Council for the framing and drawing of the said Bill Now in the next place there ensueth the Relation of her Majesties sending for the Speaker yesterday and of the Message which she gave him in Command to deliver to the House all which he declared at large this day as it is very elaborately and fully set down in the Anonymous Journal mentioned more particularly at the beginning of this present Journal and therefore it is wholly inserted out of it and the rather because it is almost wholly wanting in the Original Journal-Book it self there being one whole blank Page and a good part of another Page left unwritten with intention doubtless at first to have inserted it although it was afterwards very negligently omitted by Mr. Fulk Onslow Clerk of the said House of Commons It is therefore as is aforesaid very fitly supplied out of the Anonymous Journal in manner and form following viz. After these Speeches before set down touching the Subsidy M r Speaker stood up and said That he had a Message to deliver from her Majesty to the said House Yesterday a great number of this House after many Speeches used delivered two Bills to me Which Bills though not read yet were diversly spoken of They being long the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bills I humbly thank this Honourable House time was freely granted me It being almost twelve of the Clock I had perused and read both the Bills I have them about me and they have been continually with me ever since they were delivered unto me Never any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most Excellent Majesty unto the Body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter that ever I had to deal in Wherefore I pray God to direct mentem linguam hanc I must be short for her Majesties words were not many And I may perhaps fail in the delivery of them For though my Auditors be great yet who is so impudent whom the presence of such a Majesty could not appal And it did greatly fear me when I saw none of these honourable persons in her presence who were present at the holding of the matter in this House Yet God in his Providence had appointed it That even in this while came in some of the persons here present who if I fail in delivering what is given me in Charge can report it unto you And I am glad there are Witnesses with me in this Action what was my faithful service for this House I protest a greater comfort never befel me than that this my integrity and faithful promise to this House is not violated For her Majesty in her most gracious Wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this only she required of me what were the things in the Bill spoken of by the House which points I only delivered as they that heard me can tell The Message delivered me from her Majesty consisteth in three things First The end for which the Parliament was called Secondly The Speech which the Lord Keeper used from her Majesty Thirdly What her Pleasure and Commandment now is For the first it is in me and my Power I speak now in her Majesties Person to call Parliaments it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliaments The calling of this Parliament was only that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharp means to a more due Obedience and more true service of God than there hath been hitherto used And further that the Safety of her Majesties Person and of this Realm might be by all means possible provided for against our great Enemies the Pope and the King of Spain Her Majesties Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or Causes Ecclesiastical for so her Majesty termed them She wondred that any could be of so high commandment to attempt I use her own words a thing so expresly contrary to that which she had forbidden Wherefore with this she was highly offended And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not then present her Majesties present charge and express Commandment is that no Bill touching the said matters of State or reformation in Causes Ecclesiastical be exhibited And upon my Allegeance I am Commanded if any such Bill be exhibited not to read it c. Thus far out of the said Anonymous Journal On Thursday the first day of March Four Bills of no great moment had each of them one reading of which the first being the Bill against Strangers born to sell by way of retail Foreign Wares brought into this Realm was read the first time Mr. Serjeant Yelverton one of the Committees for the examination of the Election and Return of the Members of this House and also of the Cases for Priviledge appointed on Monday the 26 th day of February last past happening to fall out during this present Sessions of Parliament shewed that he and the residue of the Committees for those Causes did meet yesterday in the Afternoon according to the Commission of this House to them in that behalf and that having then some Cases brought unto them both touching Elections and Returns in sundry sorts and also one Case of Priviledge touching one Mr. Fitzherbert Elected a Member into this House and alledged to be Outlawed upon Judgment shewed that the greater number of the said Committees having travelled in these Cases did impose upon him the Charge of making the Report thereof unto this House Which because he would gladly do in such wise as the more part of the said Committees had assented unto he had set down the same he said in a Note for his better remembrance in writing And so particularly recited theState of the saidCases treated of amongst the said Committees and to be so reported over unto this House for the further resolution and order of this House to be had in the same After which words although there follow some four lines more in the
Original Journal-Book of the House of Commons in which it is generally related that the rest of this Forenoon was spent in the agitation of this and such like business yet because neither any particular relation of the Speeches in this business of M r Fitzherbert or of those other aforesaid Passages handled in the said Committee touching Elections is there set down although all the said matter be of very great weight and consequence I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted and which is before very happily supplied out of the Original Journal-Book it self yet the rest or at least the greater part of his Relations before mentioned is set down and is here inserted out of the same with divers other Speeches used and uttered chiefly touching that Question All which some alterations only excepted for order and explanation sake are herein inserted out of the said Anonymous Journal in manner and form following viz. Serjeant Yelverton spake further also after he had finished the Relation of the Committees proceeding touching M r Fitzherberts Election concerning the priviledges of the House In which he declared the Case of the Burgess of Miscread in Cornwall after whose Election the Town refused to deliver up their Indenture to the Sheriff But the party Elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriffs the Sheriff having Indorsed it upon the Writ But this Indenture was never executed by the Sheriff and yet the Return was holden by the Committees as it should seem to be good Mr. Heile who had been another also of the Committees spake next and shewed the state of this and some other questions handled in that said Committee which were as followeth viz. John c. is returned in the Indenture by the name of Richard and whether this may not be amended by the House Mr. Audeley is returned Burgess for two Towns he having elected for which he will be a New Writ is to be directed to the other Town to chuse another Two Burgesses are returned for one Town One of the Burgesses being mistaken is willing to resign unto the other Whether by the assent of the Sheriff and party this is to be done The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman and the Indenture returned by the Sheriff is Richard Hutton Bailiff if this be good Thomas Fitzherbert of Staffordshire being Outlawed upon a Capias utlagatum after Judgment is Elected Burgess of this Parliament Two hours after his Election before the Indenture returned The Sheriff arrested him upon this Capias utlagatum The party is in Execution Now he sendeth this Supplication to this House to have a Writ from the same to be enlarged to have the Priviledge in this Case to be grantable He argued thus That he was not Electable because in the calling and in the electing of parties called there must be chosen Viri idonci But a man Outlawed is not idoneus therefore not Electable Considering this disability holds in all other Causes of Law therefore in this that is the greatest He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit There 't is said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament Then Sir Edward Hobby spake as followeth The party Outlawed is not out of his wits therefore capable and then is a man able to be chosen and idoneus to be a Burgess Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal as in this Cause Is this disability greater that a man Outlawed may not be a Burgess as well as an Attorney to a man or an Executor I think it will stand with the priviledge of this House to deliver him though he were Outlawed Mr. Lewes said that a man Outlawed cannot have priviledge being an Execution upon a Capias Quia frustra Legis auxilium implorat qui in Legem peccat Cardinal Pool would not come into the Parliament House till the Attainder against him was reversed Ignotus quidam Multa sunt quae fieri non debent quae tamen facta tenentur bona It had been a good exception against his Election to say he was Outlawed but 't is no disability to him being Elected Serjeant Yelverton said he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment The Book of 2 Edw. 4. 8. cited to be expresly so And that a Judge reported unto him that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute could not have priviledge of the House Whereupon Mr. Finch said he could not tell which to hold or which side to take The Book of 20 Hen. 7. doth prove that there were Elected such as were Attainted and that disability was taken against them The Writ to chuse a Burgess is not Legalem hominem but Idoneum Therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawry was only for Causes Criminal as for Treason or Felony but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law On the other side Utlagatus ne Villein cannot be a Champion which is as a Judge to decide then à fortiori he can be no Judge in this House Outlawry is as an Attainder therefore the party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parium sitorum The Outlawed man is not of the number of Parium so not to be a Judge Vide 8 Edw. 3. Utlagatus ne poiet estre Mr. Broughton held that a man Outlawed may be a Burgess For in no case is Outlawry disability where a man is en auter droit as to be Executor or Attorney it is no Exception to the party The Case in 38 Hen. 8 Dyer 62. was cited Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House And though the party be in Execution if not at the Queens suit he is to have the priviledge and yet the party not to lose his debt nor the Sheriff to be charged Vide postea April 5 th Thursday Nota That these Speeches are all transcribed out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal After which by occasion of a Message sent down from the Lords it should seem this business brake off abruptly at this time And therefore see more concerning it on Friday the 2 d day and on
Saturday the 17 th day of this Instant March ensuing and on Monday the 19 th day of the same The said Message is set down very exactly as it was sent from their Lordships some things only being added for Order and Explanation in the transcribing of it in the Original Journal-Book of the House of Commons in Manner and Form following Mr. Egerton Attorney General and Mr. Doctor Carey coming to the House with a Message from the Lords were sent for in and were brought up by the Serjeant making three low curtesies before they approached to the Speaker and delivered their Message to him which he afterwards propounded to the House The Message which they brought from their Lordships unto the House was that their Lordships did desire to put this House in remembrance of the Speeches delivered by the Lord Keeper upon the first day of this Parliament for Consultation and provision of Treasure to be had against the great and eminent dangers and perils of this Realm by the mighty adversaries and enemies of the same And thereupon their Lordships did look to have heard something from this House touching those Causes before this time And therefore had to that end hitherto omitted to do any thing therein themselves And thereupon their said Lordships do desire that according to the former laudable usages between both Houses to wit the Lords House and this House in such Cases a Committee of some grave and setled Members of this House may be appointed to have Conference with a Committee of their Lordships touching the Causes aforesaid Which done the said Mr. Attorney and Mr. Doctor Carey being sequestred the House Mr. Speaker making Report of the said Message to this House it was presently resolved by the whole House that such a Committee of this House should be selected thereupon for that purpose accordingly with this request also from the House That the said M r Attorney General and Mr. Carey might both signify unto their Lordships the willing and ready assent of this House unto their Lordships said request and also move their Lordships touching their pleasure for the number of the Committees to be appointed for their Lordships and for the times and place of meeting to be signified from their Lordships to this House to the end thereupon this House may proceed to the selecting of a convenient number of this House for the said Conference accordingly And then the said Mr. Attorney General and the said Mr. Doctor Carey being returned into this House again Mr. Speaker delivered unto them their Answer and the request of this House unto their Lordships in manner aforesaid accordingly Mr. Attorney General and Mr. Doctor Carey do bring word from the Lords that their Lordships do make choice of the number of twenty for their Committee and that their Lordships do appoint two of the Clock this Afternoon for the time and the Chamber next unto the Upper House of Parliament for the place Which done the said Master Attorney General and the said Mr. Doctor Carey being sequestred and the said Message delivered unto this House by Mr. Speaker it was agreed that a convenient number of this House should be appointed to meet with the Committees of their Lordships at the said time and place accordingly And then immediately the said Mr. Attorney General and Mr. Doctor Carey being called into this House again the said Answer was delivered unto them by Mr. Speaker accordingly Whereupon these Committees following were appointed to attend upon the Committees of the Lords in the said Conference at two of the Clock in the Afternoon of this present day in the Chamber next to the Upper House of Parliament viz. All the Privy-Council of this House being in number four Serjeant Yelverton M r Dyer M r Sandes Sir Henry Unton M r Wroth Sir Henry Cocke Sir Francis Hastings M r Fulk Grevill Sir Henry Knivet Sir William Moore M r Recorder of London M r Heyle M r Doctor Awbery M r Lewes M r Anthony Cooke Sir Moyle Finch M r George Moore Sir Francis Gudolphin M r Francis Bacon M r Doctor Awbery Sir Thomas Shirley Sir Thomas Stafford Sir Thomas Conisby Sir Edward Dymock M r John Hare M r Barker M r Trevor Sir George Carey Sir Thomas Cecill Sir Walter Raleigh Sir Francis Drake Sir William Knowles Sir Thomas Dennys Sir Henry Poole Sir Thomas West Sir Robert Sidney M r Tasborough M r Flowre Sir John Payton M r William Haymond Sir Edward Hobby Sir John Harrington Sir Thomas Read Sir William Brunker M r Doctor Caesar M r Lewkenor Mr. Atty Mr. Robert Sackvile Sir Charles Candish Mr. Nathanael Bacon Mr. Doctor Herbert Mr. Serjeant Harvey Mr. Serjeant Haman Sir George Savil Mr. Henry Finch Mr. Philips Sir Thomas Flemming Sir Nicholas Saunders Mr. Humphrey Conisby Sir Edward Grevill Sir Christopher Blunt Mr. Cradock and Mr. Grimston The Committees in the Bill for reducing of disloyal Subjects to their due Obedience whose names see before on Wednesday the 28 th day of February last past which should have met this present day in the Afternoon in this House are appointed over to meet to Morrow next in the Afternoon at the said place On Friday the second day of March there was no other business entred upon but that of Mr. Fitzherberts which being but shortly and imperfectly set down in the Original Journal-Book of the House of Commons I thought good to transcribe the relation of the dispute therein had out of that often before-mentioned Anonymous Journal of the same House in which some small things only being altered for order sake it is set down on this present Friday being the second day of March in manner and form following viz. After Prayers there was no Bill read but presently Mr. George Moore spoke to the question of M r Fitzherberts Election being an Outlawed Person and of his Arrest upon the Capias utlagatum after he had been so Elected a Burgess of the House and before the Indenture in that Case made had been returned unto the Sheriff Upon all which matters considered of his opinion was that he ought not to have priviledge nor to serve as a Member of this House Sir Henry Knivet spake next and as it should seem spake for Mr. Fitzherbert that he ought to have the priviledge of the House But had never a new reason only he took Exceptions that the priviledges of the House and the ancient Customs thereof were not observed and that men gave not Audience to them that spake and pleased them not but were ready to interrupt them Mr. Tasborough Mr. Stephenson Mr. Bronker and Mr. Sandes spake severally also touching the same matter disputing and arguing it pro and con as well for his being as not being a Member of this House as also for his having and not having the priviledge of this House but they gave no other new reasons touching the said Case more than had been already delivered in a former dispute of the same the
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-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
to the said Bill and sent it down to this House this House would thereupon then further do as shall appertain Mr. Robert Penruddock one of the Burgesses returned for the Borough of Milton for her Majesties Affairs and also for his own business is licensed by Mr. Speaker to depart home Three Bills lastly had each of them one reading of which the last concerning the over-length of broad-Cloth was read the third time and passed upon the Question On Monday the second day of April the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens was upon the second reading committed unto the Knights and Burgesses of Devon Mr. Serjeant Harris Mr. George Moore and others and the Bill was delivered unto Sir Thomas Dennis one of the same Committees who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Six Bills were sent up to the Lords by Mr. Treasurer and others of which the first was the Act for Confirmation of the Subsidies granted by the Clergy and another touching the Lands of Sir Francis Englefield Knight Attainted of High Treason the residue being of no great moment Sir William Brunker one of the Committees in the Bill concerning Spinnersand Weavers who had been appointed on Monday the 26 th day of March last past shewed that the Committees had met and upon Conference amongst them thought good to make a new Bill And so bringing in both the old Bill and the new prayed the reading of the said new Bill The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same had its first reading Three Bills of no great moment had each of them one reading of which the second being the Bill against counterfeiting of Counsellors hands c. was read the third time and dashed upon the Question The Bill for relief of maimed Souldiers and Mariners was twice read and committed unto all the Privy-Council the Knights and Burgesses of London the Burgesses of York and others who were appointed to meet this Afternoon at two of the Clock in this House Nota That certain Members of the House were appointed to draw a Bill for the relief of maimed Souldiers and Mariners on Monday the 12 th day of March foregoing which Bill being so drawn was upon Saturday the 24 th day of the said March upon the second reading referred to certain Committees and was lately upon Wednesday the 28 th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in and thereupon the aforesaid new Bill preferred this day and twice read M r Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a boad lately passed this House with some Amendments shewing that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly And that their Lorships have further thought good to add unto the said Bill a Proviso for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration have passed the said Proviso and affiled the same to the said Bill and sent it down to this House to be also passed here if this House shall so think meet On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read and committed to the former Committees who had been appointed on Monday the 26 th day of March foregoing and Mr. Wroth and the Burgesses of York and Norwich were added unto them Sir Thomas Denis one of the Committees in the Bill concerning Devonshire Kerseys and Dozens appointed yesterday shewed the meeting of the Committees and that they have in some few things amended the Bill praying the reading of the said Amendments which being thereupon twice read the Bill upon the question was ordered to be ingrossed The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock M r Stevenson the Knights and Burgesses for London M r Wroth M r Peak and the Burgesses for Oxon Cambridge Sandwich and Newcastle Under-line who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M r Thomas Fitzherbert Which short remembrance of this excellent Precedent how far on Outlawed man may be a Burgess of the Parliament is all that is found in the Original Journal-Book it self of the House of Commons And therefore because there was much debate concerning it this day as had been on divers other days foregoing viz. on Thursday the first day Friday the 2 d day Saturday the 17 th day and on Friday the 30 th day of March last past have caused it to be transcribed at large out of the often before-recited Anonymous Journal in manner and form following The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici And the House appointed the Writ sent out of Chancery to be annexed unto the Record The words of the Writ were Tibi praecipimus quòd capias corpus Tho. Fitzherbert quocunque c. Dat. apud Westm. 7 o die Martii 35 Eliz. The Sheriffs Return Deliberatum fuit hoc Breve 15. die Martii super c. sed ante adventum istius Brevis scilicet 3 o Februarii 35 Eliz. captus fuit Thomas Fitzherbert c. M r Dalton said The Return of the Writ being made unto another Court and the Record it self being in another Court we cannot be Judges of the matter nor enlarge the party And as for the Return methinks it therefore insufficient because it was not returned into this Court And I see not how we can be Judges of the Return For the number of voices in this Cause is not to be judged for Law whether it be a good Return or not for that which is Law will notwithstanding rest for Law for all our Voices Therefore I think that priviledge quae est privatio Legis in this Case could not be granted M r Brograve said As to the matter of priviledge the Cause to me is very doubtful because priviledges in these Causes are very rare and so the matter resteth in doubt This Court for its Dignity and highness hath priviledge as all other Courts have And as it is above all other Courts so it hath priviledge above all other Courts and as it hath priviledge and Jurisdiction too so hath it also Coercion and Compulsion otherwise the Jurisdiction is nothing in a Court if it hath no Coercion Therefore it seemeth unto me
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
Anno Dom. 1601. which was the last Parliament of her Majesties Reign a greater viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto whence it is plain that whatsoever is once granted by the Subject may often be raised but seldom falleth THE JOURNAL OF THE House of COMMONS A Journal of the House of Commons in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40 Reginae ejusdem THIS present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders Use and Priviledge of the House it self but containeth in it excellent matter touching the publick affairs of Church and State in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first and to search into the dangers of the latter And that this said Journal might be the more exact and copious in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House and out of a certain imperfect and fragmentary Journal of the House of Commons The ninth Parliament of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesties Reign Upon which day many of the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster being returned into the same Parliament for the same Shires Cities Boroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Household And did then and there in the Room commonly called the Court of Requests take the Oath of Supremacy seven or eight at a time being Enacted by and contained in the Statute de an 1 Reginae Eliz. Cap. 1. before the said Lord Steward and before Sir William Knolles Knight Comptroller of her Majesties Houshold Sir John Fortescue Chancellor of the Exchequer and Sir Robert Cecill Principal Secretary his Lordships Deputies And thereupon the said Knights Citizens Burgesses and Barons entring into their own House and expecting her Majesties further Pleasure her Highness then being in her Royal Seat in the Higher House of Parliament the said Commons were commanded to come before her Highness and being there Assembled the Right Honourable Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England delivered unto the said Commons the Causes of her Majesties Calling of this Parliament and so in the end willed them to repair again into the said House of Commons and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed and willed them to present him unto her Majesty upon the Thursday next following Which done the said Commons presently repaired unto their own House and there being Assembled and sitting some space of time very silent at last the Right Honourable Sir William Knolls one of her Highness most Honourable Privy Council and Comptroller of her Majesties Household stood up and spake to the effect following Necessity constraineth me to break off this silence and to give others cause for speech According to the usual Custom we are to chuse our Speaker and though I am least able and therefore unfit to speak in this place yet better I deem it to discover my own Imperfections than that her most sacred Majesties Commandment to me delivered should not be fulfilled or your Expectation of this first days work by all our silences to be in any sort frustrate First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper at which all of us or the most part of us at the least were present who very wisely shewed the Cause of calling this Honourable Assembly shewing unto us that it is partly for the reforming those Laws which be amiss partly quite to repeal others partly to augment those that be good and partly to Enact new Laws both for the Honour and profit of her Majesty and for the benefit of the Common-wealth And in conclusion wished us to depart from whence we came and there to chuse our Speaker who ought to be the Mouth of us all and to whom we might commit such weighty affairs as in this place should be debated amongst us For unfit it is if we have occasion to go unto the Sacred presence of her Majesty to go either confusedly without order or unorderly without Judgment Now because that knowledge doth rest in certainty I will with the more speed set afoot this motion deliver my opinion unto you who is most fit for this place being a member of this House and those good abilities which I know to be in him here he made a little pause and the House hawked and spat and after silence made he proceeded unto this place of dignity and calling in my opinion here he stayed a little M r Serjeant Yelverton looking upon him is the fittest man to be preferred after which words M r Yelverton blushed and put off his Hat and after sate bare-headed for I am assured that he is yea and I dare avow it I know him to be a man wise and learned secret and circumspect Religious and faithful no way disable but every way able to supply this place Wherefore in my Judgment I deem him though I will not say best worthy amongst us yet sufficient enough to supply this place and herein if any man think I err I wish him to deliver his mind as freely as I have done if not that we all join together in giving general consent and approbation to this motion So that the whole House cried I I I let him be And then Master Comptroller made a low reverence and sat down and after a little pause and silence M r Serjeant Yelverton rose up and after a very humble reverence made spake in effect thus much WHence your unexpected choice of me to be your Mouth or Speaker should proceed I am utterly ignorant If from my merits strange it were that so few deserts should purchase suddenly so great an Honour Nor from my ability doth this your choice proceed for well known it is to a great number in this place now assembled that my Estate is nothing correspondent for the maintenance of this dignity For my Father dying left me a younger Brother and nothing to me but my bare Annuity Then growing to mans estate and some small practice of the Law I took a Wise by whom I have had many Children the keeping of us all being a great impoverishing to my Estate and the daily living of us
to do our Countries good bereave them of that good help we may justly Administer M r Speaker Qui vadit planè vadit sanè Let us lay down our griefs in the Preamble of our Bill and make it by way of Petition And I doubt not but her Majesty being truly informed of it will give her Royal Assent M r Secretary Herbert said The making of Armamentaria is a Regality belonging only to the power of the King and the Crown of England and therefore no man can either cast or transport without Licence It stood perhaps with the Policy of former times to suffer transportation but as the times alter so doth the Government And we doubt it is now very hurtful and prejudicial to the State and therefore I am of opinion that it is very fit this transportation should be stayed and I concur only with them which would have it by way of Petition and not by Bill M r William Hackwell of Lincolns-Inn said I know the Authority of the Worthy Counsellor that last spake will incline you to yield to this Objection Yet notwithstanding I beseech you suppose him to be a man of my Condition or me to be a man of his sort so I doubt not but our persons being equalized the matter will soon be decided Where he saith transportation is necessary to aid our Friends and retain their Alliance I Answer That it is the subtilty and covetousness of our Friends who finding the inestimable gain and treasure they have by Ordnance brought from us do not only desire them for gain but also to gain to themselves Confederates by which means succouring our Friends we aid our Enemies For look whatsoever we give them we deduct from our selves Now let us stop this transportation and that greatly weakens their Forces by which means they will never be able to encounter us hand to hand Our Ordnance this pretious Jewel of our Realm worth even all we have is as familiarly sold in the Countries of our Confederates as any thing within this Land but being stopt they must be fain to take supply from their Ports to their Ships from their Ships to the Field c. Sir Francis Hastings said How swiftly and sweetly her Majesty apprehends our late griefs I think there is no Subject but knoweth For us then to deal in a matter so highly touching her Prerogative we should give her Majesty just cause to deny our Proceedings by Bill I think therefore by laying open our griefs in a Petition it will move the heart of her Majesty as much being a Case of this consequence as our first Motion by M r Speaker hath done And therefore I am of Opinion there is no way but this way Sir George Moore said It is in vain to dispute of the matter when the manner is only in question and as vain to lose the matter by over-long dispute of the manner The late experience of her Majesties Love and Clemency towards us and of her Care over us striketh such an awful regard into my heart that I wholly dislike this proceeding by Bill and only do approve our former Motion by way of Petition M r Hyde said M r Speaker It is doubted by some that this Bill will not pass by reason of the sudden ending of the Parliament for that I think if we give not too much stop to private Bills this Bill would quickly pass And I see no reason but we may well proceed by Bill and not touch her Majesties Prerogative for her Majesty is not more careful and watchful of her Prerogative than the noble Princes of Famous Memory King Henry the Eighth her Father and King Edward the Sixth her Brother were Then there was no doubt or mention of the Prerogative And therefore I think our surest and soundest course is by way of Bill c. M r Comptroller said I wish we should deal in such manner as we may have our desire and that I think we shall sooner obtain in speaking unto the Queen by way of Petition than in proceeding by way of Bill and Contestation We must note that her Self and her Progenitors will not be forced And I do not hold this course by way of Bill either to stand with respect or duty M r Swale of the Middle-Temple said I would but move thus much to the House if we let slip this Law and proceed by way of Petition then is there no Law to prohibit but the Law of 33 Hen. 8. and 2 d of Edw. 6. And those Laws give so small a remedy that it is no recompence to the loss of the thing M r Serjeant Harris said It hath been thought that the former Statutes do not stretch to Ordnance made of Iron But may it please the House to commit the Bill there shall be shewed to the Committees four or five Precedents and late Judgments that Iron Guns come within this Law M r Sollicitor Flemming said The Gentleman that spake last said very true for it was lately in Matchivells Case in the Exchequer So the Bill was committed to all the Privy Council and all the Queens Learned Councel being of this House Sir Walter Raleigh the Knights and Citizens of London Sir Francis Hastings M r Grevill Sir Robert Wroth Sir Robert Mansell Sir Richard Knightley Sir George Moore and divers others who were appointed to meet in this House at two of the Clock in the Afternoon Then followed a dispute touching the Information against M r Belgrave a Member of the same M r Belgrave said Mr. Speaker Modesty forbids me to speak in my own Case that so nearly concerneth me but necessity urgeth me to appeal to this High Court True it is there was an Information exhibited against me in the Star-Chamber by an Honourable Person of the Upper House the Earl of Huntington in the name of Mr. Attorney General for a Misdemeanor committed to this High Court the substance of that Information I confess yet I am to be an humble Suitor unto this House whether an Information is to be exhibited this House sitting against any Member thereof And for my own part I do submit my self to abide such Censure as this House shall in their Wisdoms think convenient Sir George Moore said viewing the Information I find the words to be against the High Court of Parliament which is as well the Upper House as this House and therefore I wish there might be a Conference with the Lords herein Now this House is but part and a Member of the Parliament and therefore we solely cannot proceed Mr. Serjeant Harris said In the 36 th of Hen. 8. when Ferris Case was who was a Member of this House did not we proceed without any Conference with the Lords Here might be libera suffragin and no man of this House to be chosen by any Friends or Mediation of any great Man neither ought we to be tyed by any Blue Coat in the World But as our Persons are Priviledged so should our Speeches be
Clergy is but once read in the House but the preface and confirmation of it thrice p. 615. Bills of Subsidy how passed into Acts. p. 274. Three Subsidies not granted at once before 35 Eliz. and then with a Proviso that it should not be drawn into a Precedent yet the like number were granted the next Parliament viz. 39 40 Eliz. and four in the next after that viz. 43 Eliz. p. 547. 615 Succession to the Crown how many pretended to it in Queen Elizabeths time p. 104 Successor the Queen Petition'd to declare her Successor p. 105 Summon Vide Writ Sunday a Bill in 43 Eliz. that Fairs or Markets shall not be holden thereon p. 613 Supremacy a Bill for restoring it to the Imperial Crown of this Realm and repealing divers Statutes to the contrary 1 Eliz. p. 21. 23. Many proofs that in the darkest times of Popery the Kings of England did judge it to belong to them p. 24 T. TOnnage and Poundage a Bill for them I Eliz. p. 19 Trinity Hall in Cambridge a Bill for the Incorporation of it p. 22 Tryors of Petitions Vide Receivors U. VAcat what the word means when set before the entrance of the return of a Proxy p. 7 A Bill for Uniformity of Common Prayer c. passed 1 Eliz. though opposed by several p. 30 Universities A Bill for the Incorporation of them 13 Eliz. p. 149 Voices affirmative and negative when equal in number the negative carry it p. 605 Usher Vide Gentleman Usher W. LOrd de la Ware his Case p. 526. his place in Parliament is determined to be between the Lord Willoughby of Eresby and the Lord Berkeley p. 528 Warrant the form of one to the Lord Chancellor or Keeper to issue out Writs for Summoning a Parliament p. 2 Weymouth and Melcomb Regis a Bill for the uniting of them into one Corporation 13 Eliz. p. 149 Williams Tho. Speaker in the House of Commons 5 Eliz. his Speeches to the Queen at his confirmation p. 63 64. at the ending of the Session p. 74. he died before the Session of the same Parliament 8 9 Eliz. p. 95 Writ the form of the Writ whereby a Peer is Summoned to Parliament with its differences in regard of the Temporal and Spiritual Lords p. 2. The Writ for Proroguing the Parliament p. 3. 57. 77. 93. 419. An Alphabetical TABLE Directing to the principal matters contained in the JOURNAL OF THE House of COMMONS A. ABsence of a Member from the House through sickness or his being in service of Ambassage c. resolved to be no sufficient cause to remove him p. 244. unless the sickness in all likelihood be irrecoverable p. 430 the like resolved p. 307. but the contrary p. 281 282. especially if the absent Member desire that another may be chosen in his stead p. 429. Members absent a whole Session fired by the House the Knights 201. the Burgesses c. ICl a piece p. 309. Any Member may be absent if he be licensed by M r Speaker thereto 〈◊〉 Additions may be made by the Commens to the Additions of the Lords in any Bill p. 354. vide Bill Adjournment of the House by the Queen the manner of it p. 345. In what Cases the Commons are not adjourned by the Adjournment of the Lords p. 550 551. 621 622. Adultery a Bill against it rejected and why p. 641 Ale-Houses a Bill to suppress the multitude of them dashed and why p. 676 Aliens a Bill that they shall not sell Foreign Wares by Retail with many Speeches pro and contra p. 503 ----- 509 Alms given by the House at the end of one Session how much p. 135. vide Collection Alneager of Lancaster to seal the Cloaths made there a Bill to that purpose p. 91. Another that Alneagers seals shall be engraved by the Graver of the Mint p. 134. but dashed ibid. Amendments in Bills ought to be writ in paper not in parchment and without any indorsement p. 573 574 vide Bill Answers in writing to objections sent in writing from the Lords against any Bill that has passed the Commons are read in the House after they have been drawn by the Committees p. 583 c. The Lord Keeper gives Answer to such Messages as are sent from the Commons sitting in his place covered and the Messengers standing without the Bar. p. 585 Apparel vide the word in the Table to the Journal of the House of Lords Unprofitable Armour the being obliged to keep it adjudged a great grievance p. 552. The making of Armour is a Regality belonging to the Crown p. 671 Arrests vide Priviledge Art a Bill that whosoever invented any profitable Art or added thereto should have a Monopoly of the same for his life dashed p. 678. Articuli how many and what p. 670 B. BArrowists Vide Brownists Basset Richard living in the time of Hen. II. what Families descended from his female Coheirs p. 39 Robert Bell Esq chosen Speaker in the Parliament 14 Eliz. p. 205. continued Speaker in the Session 18 Eliz. but died before that in 23 Eliz. p. 277 Mr. Belgrave's Case who being a Member of the House of Commons had an Information exhibited against him in the Star-Chamber by the Earl of Huntington p. 666. 669. 672 673. 677 678. An Order entred as the Act of the House that he ought not to be molested in that manner p. 688. One Bill ought always to be read after the presentment and allowance of the Speaker before the House arise p. 44. 121. c. though it has been sometimes omitted through mistake p. 550. The manner of delivering a Bill from the Lords to the Commons p. 45. from the Commons to the Lords 585. The manner of passing a Bill in the House of Commons p. 45. Bills seldom spoken to till after the second Reading p. 165. c. Two Bills the one concerning Purveyors the other the Court of Exchequer having passed the Lower House the Queen forbids any proceeding in them by the Lords with an account of what the Commons did in that Case p. 440. 442. 444. Yet afterwards she gives leave to proceed p. 446. 448. 450. Two Bills for draining of Marish Grounds being almost finished the Queen forbids their being read any more in the House p. 594. No Bill to pass without being spoken to p. 491. Why when a Bill is put to the question and there is a division of the House the No's sit in their places and the I's go out p. 505. 573. If the I's exceed the No's then the No's are to go out also to fetch and bring in the Bill again which the I's had carried out p. 573 574. This ceremony sometimes omitted p. 574. 667. A Bill having past the Upper House and being sent down to the Commons is there allowed and expedited with Additions and Amendments when it is returned to the Lords they must either pass it with those Additions or reject it wholly p. 513. How Amendments Provisoes or Schedules added by
Hereford the Bishop of Salisbury the Bishop of Lincoln the Lord Burleigh the Lord Cobham the Lord Lumley the Lord Hastings of Loughborough and Serjeant Barham Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Thursday the 10 th day of May Four Bills of no great moment had each of them one reading of which the second being the Bill for the appointing of two several Sheriffs for the Counties of Cambridge and Huntington was read secundâ vice commissa ad ingrossandum And the last that no Purveyors shall take any Corn Grain or Victuals within five Miles of Cambridge and Oxford was read primâ vice Nota That Cambridge is here ranked before Oxford in the title of this Bill Nine Bills were brought up to the Lords from the House of Commons of which the third being the Bill against the bringing in and putting in Execution of Bulls c. from the See of Rome was returned as it seemeth not expedited for the Journal-Book doth not set it down conclus as in like Cases is usual The Earl of Sussex the Earl of Bedford the Earl of Winchester the Bishop of Ely the Lord Burleigh and the Lord Wentworth were appointed to confer with certain of the House of Commons about the Bill of Tellors c. The Bill for increase of Tillage and maintenance of the Navy was referred to Committees of which two were Viscount Hereford and Viscount Mountague but no mention is made of the reading of it of which nature see a like President on Saturday the 21 th day of April foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati horâ Octavâ On Saturday the 12 th day of May the Bill for two Fifteenths and Tenths and one Subsidy granted by the Laity was read primâ vice Seven Bills were brought up to the Lords from the House of Commons of which one was the Bill to restrain the Oppression of Common Promoters and another for the maintenance of Navigation Four Bills also had each of them one reading of which the third being the Bill for Restitution in Bloud of the Children of Sir Thomas Wyatt Knight was read tertiâ vice conclusa The Bill lastly against the bringing in of Bulls c. was committed to the Lords that were in the Committee for the Bill of Treasons who were appointed on Saturday the 5 th day of this instant May foregoing to confer therein in certain points with certain of the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox horâ Octavâ May the 13 th Sunday On Monday the 14 th day of May Nine Bills of no great moment had each of them one reading of which the second being the Bill for one Subsidy and two Fifteenths and Tenths granted by the Laity was read secundâ vice Vide May 16. postea The reason why no Commitment And the last for Orders for Bankrupts was read secundâ vice commissa ad ingrossandum Three Bills which passed this day with the Bill for Restitution in Bloud of the Children of Sir Thomas Wyatt Knight were sent to the House of Commons by M r Sollicitor and Doctor Lewis The Bill for respite of Homage was referred to Committees but no mention made of the reading of it of which see a like President on Saturday the 21 th day of April foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Tuesday the 15 th day of May Five Bills had each of them one reading of which the first being the Bill for one Subsidy and two Fifteenths and Tenths granted by the Laity was read secundâ vice conclusa Five Bills were brought to the Lords from the House of Commons of which one was for the Confirmation of the Attainder of Charles Earl of Westmerland and Thomas Earl of Northumberland and others with a Proviso and Amendments And another was the Bill for the Town of Lestwithiell in the County of Cornwall The Bill lastly against Simony was read secundâ vice and committed to the Earl of Huntington the Earl of Bedford the Bishop of Winchester the Bishop of Ely the Bishop of Salisbury the Bishop of Lincoln the Lord Burleigh the Lord Shandois the Lord Hastings and the Lord Hunsdon And to the same Committees was likewise committed the Bill against corrupt Presentations Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the 16 th day of May Three Bills of no great moment had each of them one reading of which the third being the Bill touching Orders for Bankrupts was read tertiâ vice conclusa and sent to the House of Commons by Doctor Yale and Doctor Huick The Proviso and Amendments required by the House of Commons to be put in the Bill for Confirmation of the Attainder of the Earls of Westmerland and Northumberland c. were thrice read and the Lords gave their Assent thereunto The Amendments likewise in the Bill for Constats and Exemplifications of Letters Patents being thrice read the Lords also gave their Assents Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting thirteen Bills of no great moment had each of them one reading of which the third touching Dilapidations the fifth for Confirmation of a Subsidy granted by the Clergy and the twelfth that no Hay or Plate shall cross the Seas were each of them read the second time and ordered to be ingrossed And of the said Bills the second being to License the Earl of Leicester to Erect an Hospital the fourth for the making of the River of Welland Navigable the eighth for the maintenance of Navigation and the tenth for the continuance of making of Caps were each of them read secundâ vice but no mention is made that they were either ordered to be ingrossed or referred to Committees of which there can be but two Reasons the first that the Lords deferred the committing or ingrossing thereof until some other time as fell out before in the Bill touching the Commission of Sewers which being read secundâ vice on Friday the 2 d day of April foregoing was referred to a Committee the day following although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House or else another reason there may be that such Bills having passed the House of Commons and being sent up to the Lords fairly ingrossed in Parchment can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great Cause in respect that each House holding correspondency with other they do not willingly submit that to the agitation of a private Committee which hath been
allowed and approved by the wisdom of a whole House There may also lastly a third reason be assigned in some extraordinary Cases as this where Bills of Grace viz. for the Restitution in Blood of any and such like were sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her Hand which for the most part do pass the House without any stop or question On Thursday the 17 th day of May to which day the Parliament had been last continued by the Lord Keeper on the day foregoing Six Bills of no great moment had each of them one reading of which the first touching Morrice Rodney Esq the second for the Town of Lestwithiell in the County of Cornwall and the last to discharge Sheriffs of the Dyets of the Justices of Assize were each of them read the second time but no mention was made that they were either Ordered to be ingrossed or referred to Committees of which see the reason at large discussed on the day foregoing fitly suiting to this present occasion Three Bills also of the aforesaid six had each of them their third reading and passed the House of which the first was the Bill for Restitution in Blood of Henry Brercton Esquire and the second to License the Earl of Leicester to found an Hospital Seven Bills of no great moment were brought from the House of Commons of which the first being the Bill whereby certain offences are made Treason was returned conclusa with requests that it might be fair written again which the Lords performed accordingly on Tuesday the 21 th day of this instant May ensuing Three Bills also had each of them one reading of which the last being the Bill for coming to Church and receiving the Communion was read tertiâ vice conclusa dissentientibus Comitibus Wigorn. Southampton Dominis Windsor Vaux Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting six Bills of no great moment had each of them one reading of which the first being the Bill for the increase of Tillage and maintenance of the Navy was read the second time and referred to the Committees of which two were Viscount Hereford and Viscount Mountague The Bill also for the Town of Bristol was read the second time but there is no mention made that it was referred to Committees or ordered to be ingrossed because it had been sent up to the Lords from the House of Commons on Tuesday the first day of this instant May foregoing of which see a like President on Wednesday the 16 th day of the same Month immediately preceeding Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati hora nona On Saturday the 19 th day of May Eight Bills of no great moment had each of them one reading of which the fourth being the Bill for avoiding of delays upon Vouchers in real actions was read primâ vice and was thereupon committed to the Lord Dier Chief Justice of the Common-Pleas and other the Justices to consider thereof and the fifth being the Bill touching the Town of Southampton was read tertiâ vice conclusa with certain Corrections and Amendments thereunto added by the Lords Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the preservation of Timber and Wood was read primâ vice The Bill for Southampton the Bill for the Subsidy of the Clergy and Fugitives over the Seas were delivered to Doctor Lewis and Doctor Yale to be carried to the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords meeting Six Bills of no great moment had each of them one reading of which the third being the Bill to restrain the oppression of common Promoters and the last for the avoiding of Perjury in Clerks Convict were each of them read secundâ vice but no mention is made that they were ordered to be ingrossed or referred to the Committees because they had been formerly sent unto the Lords from the House of Commons on Saturday the 12 th day and on Tuesday the 15 th day of this instant May foregoing of which see a like President on Wednesday the 16 th day of the said Month of May preceeding Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox horâ nonâ May the 20 th Sunday On Monday the 21 th day of May Eight Bills had each of them one reading of which the last being the Bill against Vagabonds and for relief of the Poor was read secundâ vice but no mention is made that it was either ordered to be ingrossed or referred to Committees because it had been sent up unto the Lords from the House of Commons on Saturday the 19 th day of this instant Month of May preceeding although it be there omitted The second of the said eight Bills being for the preservation of Wood was read the second time and committed unto divers Lords and unto the Queens Sollicitor The Bill for Confirmation of a Subsidy granted by the Clergy was returned by the Lords from the House of Commons conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting Three Bills of no great moment had each of them one reading of which the second being the Bill for the Commutation of Penance in Clerks Convict was read secundâ vice commissa unto the Earl of Hereford Viscount Hereford the Bishop of Winchester and the Bishop of Worcester Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem proximum horâ Octavâ On Tuesday the 22 th day of May the Bill to make the Lands and Tenements of Tellors c. liable to the payment of their Debts was read tertiâ vice conclusa missa in Domum Communem by Doctor Lewis and Doctor Yale together with the Bill of Treasons newly written out and examined by six of the Lords according to the request of the House of Commons on Thursday the 17 th day of this instant May foregoing viz. the Earl of Huntington the Earl of Bedford Viscount Mountague the Bishop of Worcester the Bishop of Salisbury and the Bishop of S t Davids Two Bills also of no great moment had each of them one reading of which the second being the Bill to restrain the oppression of common Promoters was read tertiâ vice conclusa with certain Amendments added thereunto Five Bills were brought up to the Lords from the House of Commons of which the first was the Bill to make the River of Welland Navigable the second