Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
original of the creation of Patronages being considered it appeareth that nothing is left to the Patron of right The manner of their original he shewed at large and that the same was granted Deo Ecclesiae and concluded that the Patron had nothing of worth or value but a bare nomination if it be truly used since that dealing sincerely he is neither to respect Commodity Blood Affection Friendship nor any thing else but the worth and sufficiency of the Man c. The Bill against Vagabonds was read the first time after which ensued divers Speeches which is not commonly used until after the second reading and therefore they are the rather transcribed out of the aforesaid Anonymous Journal M r St. John moved that an old Bill before this time exhibited into the Lower House concerning this matter might be perused M r Sands endeavoured to prove this Law for Beggars to be over sharp and bloody standing much on the care which is to be had for the Poor saying that it might be possible with some travail had by the Justices to relieve every man at his own house and to stay them from wandring this experience he shewed and what was done in the Country of Worcester M r Treasurer talked to this effect that he would have a Bridcwel in every Town and every Tipler in the County to yield twelve pence yearly to the maintenance thereof M r Wilson a Master of the requests argued thus that poor of necessity we must have for so Christ hath said until his latter coming and as that is true so said he also that Beggars by Gods word might not be amongst his People Ne sit mendicus inter vos His Experience he shewed through the greatest part of Christendome concluding that such looseness and lewdness was no where as here he said it was no Charity to give to such a one as we know not being a stranger unto us Thus said he did the Locrenses constitute by their Laws Even as of Thieves did the Grecians judge of them To the pain of the Constables for their remiss dealings he wished might be conjoined Imprisonment On Saturday the 14 th day of April the Bill for one William Skevington was read whereby was supposed a deceit practised by one Sacheveril for conveying of Land contrary to the true meaning by subtile forging of a false deed in place of the true deed which being read it shewed the confession of Sacheveril and prayed restitution with discharge of all mean incumbrances during such time as it was in the possession of Sacheveril M r Fleetwood endeavoured to prove that all such sinister false fraudulent or convenous dealings being opened in that place albeit that the party pray not redress yet being made apparent to that High Court ought not to be pretermitted without due consideration and convenient punishment to be by the House assigned and the party to be brought to the Bar of that House for proof thereof he shewed in the time of King Henry the Fourth that the abusing of one of that House coming home into his Country for what he had done or spoken in the House was afterwards adjudged of in that place and a Law presently made for what before was not thought upon the like he shewed to be done in Henry the Eighth his time concerning an Excommunication had at Serjeants-Inn c. He also remembred a President of one John Rue who for that he meaning to have deceived a Merchant of London in sale of certain sums of money due unto him to be paid out of the Exchequer as he pretended whereas in truth the money was before received by him who sold the Debt Judgment was given for the subtilty of the loss of his goods the profit of his Lands and perpetual Imprisonment For every Conspiracy the Judgment is by Law said he villanous even as in the Case of Attaint to have the Houses turned up the Meadows Eared c. He shewed also that in the time of Edward the Third one meaning to cause the price of Wooll to fall gave out that there was likelihood of Wars to be between the King of England and the King of Denmark by which means the Traffick of the Staple was like to be stayed Whereupon it was presently ordained that he should be banished though for that purpose there were no Law before After this Speech as it should seem Committees were appointed for this Bill whose names being not found in the aforesaid Anonymous Journal out of which the preceeding Speeches are transcribed they are therefore supplied out of the Original Journal-Book it self of the House of Commons and were as followeth viz. Sir John Thinne M r Stokes M r Bell M r Fleetwood M r Bedell and M r Smith to meet in the Star-Chamber upon Wednesday next at three of the Clock in the Afternoon The Bill for the Free Grammar-School in Southwark was read the first time For the Bill of Treasons and Additions it was Ordered that such of the Committees as are Learned in the Laws shall have Authority to conser with the Queens Majesties Learned Councel touching the same Bill and Additions The Bill for Reformation of the Book of Common-Prayer was read the first time after which the Bill being preferred by M r Strickland ensued divers long Arguments which being omitted in the Original Journal-Book of the House of Commons are therefore supplied with some small alteration where need required out of that often before-cited elaborate Anonymous Journal of the same House in manner and form following M r Treasurer of her Majesties Houshold reasoned to this effect That if the matters mentioned to be reformed were Heretical then verily they were presently to be condemned but if they are but matters of Ceremony then it behoveth us to refer the same to her Majesty who hath Authority as Chief of the Church to deal herein And for us to meddle with matters of her Prerogative quoth he it were not expedient Withal he said what Cause there might be to make her Majesty not to run and join with those who seem to be most earnest We are not to search whether it be for that in time and order she hopeth to bring them with her or what other secret cause or scruple there may be in the heart of Princes it is not for all people to know M r Comptroller argued to this effect as afore commending the Zeal but that the place and time were not fit And since we knowledge her to be Supream Head we are not in these petty matters to run before the Ball which to do and therein to offend were great folly how forewarned we were herein he did refer to our consideration insinuating in some sort that our heady and hasty proceedings contrary to and before the Law did rather hinder than help Hereupon one Pistor with a grave and seemly Countenance and good natural Eloquence shewed how Conscience enforced him to speak and rather to hazard his Credit than to the
mention of any further proceeding in this Bill but it doth plainly appear by the Original Journal-Book of the House of Commons that this Bill having had its second reading as aforesaid was now at the last after the preceeding Arguments were ended Committed by M r Treasurer and others whose names are all omitted in the Original Journal-Book On Friday the 20 th day of April the Bill for the Assizes to be kept at Worcester was read the first time The Bill also for impannelling of Juries was read the second time and rejected upon the Question These two Bills being thus transcribed out of the Original Journal-Book of the House of Commons the greatest part of the residue of this days passages do here next follow out of that often already cited Anonymous Journal in which there is one Bill touching Caps which is not at all mentioned in the Original Journal-Book it self aforesaid set down in manner and form following viz. A Bill for Caps was read the second time and ruled that the same should be ingrossed This Bill as is aforesaid is not at all found to be set down in the Original Journal-Book of the House of Commons but that next ensuing is there mentioned and the Arguments also touching the Liberty of the House are there generally remembred which with the said Bill do here at large follow with some small alteration only out of the aforesaid Anonymous Journal in manner and form following The Bill for such as be fled beyond the Seas without Licence or shall not return within a certain number of Dayes after their Licences expired to lose their Lands and Goods and to avoid Covenous Gifts was read the second time and not then effectually spoken unto by any man M r Wentworth very orderly in many words remembred the Speech of Sir Humphrey Gilbert delivered some days before He proved his Speech without naming him to be an injury to the House he noted his disposition to flatter and fawn on the Prince comparing him to the Cameleon which can change himself into all colours saving white even so said he this reporter can change himself to all fashions but honesty he shewed further the great wrong done to one of the House by a misreport made to the Queen meaning M r Bell he shewed his Speech to tend to no other end than to inculcate fear into those which should be sree he requested care for the credit of the House and for the maintenance of free Speech the only means of ordinary proceedings and to preserve the Liberties of the House to reprove Lyers inveighing greatly out of the Scriptures and otherwise against Liers As this of David Thou O Lord shalt destroy Lyers c. M r Treasurer signified his desire to have all things well saying he could not enter into Judgment of any but he said it was convenient ill Speeches should be avoided and the good meaning of all men to be taken without wresting or misreporting and the meaning of all men to be shewed in good sort without unseemly words M r Speaker endeavoured an Agreement and unity in the House making signification that the Queens Majesty had in plain words declared unto him that she had good Intelligence of the orderly proceeding among us whereof she had as good liking as ever she had of any Parliament since she came unto the Crown and wished we should give her no other cause than to continue the same and added further her Majesties pleasure to be to take Order for Licences wherein she had been careful and more careful would be M r Carleton with a very good Zeal and orderly shew of Obedience made signification how that a Member of the House was detained from them meaning M r Strickland by whose Commandment or for what cause he knew not But for as much as he was not now a private man but to supply the room person and place of a multitude specially chosen and therefore sent he thought that neither in regard of the Country which was not to be wronged nor for the Liberty of the House which was not to be infringed we should permit him to be detained from us But whatsoever the intendment of this offence might be that he should be sent for to the Bar of that House there to be heard and there to Answer M r Treasurer in some case gave Advertisement to be wary in our proceedings and neither to venture further than our assured Warrant might stretch nor to hazard our good opinion with her Majesty on any doubtful cause Withal he wished us not to think worse than there was cause For the man quoth he that is meant is neither detained nor misused but on considerations is required to expect the Queens pleasure upon certain special points wherein he said he durst to assure that the man should neither have cause to dislike or complain since so much favour was meant unto him as he reasonably could wish He further said that he was in no sort stayed for any word or speech by him in that place offered but for the exhibiting of a Bill into the House against the Prerogative of the Queen which was not to be tolerated Nevertheless the construction of him was rather to have erred in his zeal and Bill offered than maliciously to have meant any thing contrary to the Dignity Royal. And lastly He concluded that oft it had been seen that Speeches have been examined and considered of Sir Nicholas Arnold with some vehemency moved that care might be had for the liberty of the House he was inforced he said rather to utter and so to run into danger of offence of others than to be offended with himself M r Comptroller replied to the effect M r Treasurer had before spoken M r Cleere told how the Prerogative is not disputable and that the safety of the Queen is the safety of the Subjects He added how that for matter of Divinity every man was for his instruction to repair to his Ordinary being a private man where he utterly forgot the place he spake in and the person who was meant for that place required and permitted free speech with authority and the person was not himself a private man but a publick by whom even the Ordinary himself was to be directed He concluded that for as much as the cause was not known he therefore would the House should stay M r Yelverton said he was to be sent for arguing in this sort First he said the President was perillous and though in this happy time of lenity among so good and honourable Personages under so gracious a Prince nothing of extremity or injury was to be feared yet the times might be altered and what now is permitted hereafter might be construed as of Duty and enforced even on this ground of the present permission He further said that all matters not Treason or too much to the Derogation of the Imperial Crown were tolerable there where all things came to be considered of and where
an Error to stand The said Speech therefore of the Lord Keeper pronounced by her Majesties Commandment was as followeth viz. THE Queens Majesty our most Dread and Gracious Soveraign Lady hath given me Commandment to declare unto you the Causes of the Summons of this Assembly for a Parliament to be holden here at this time wherein albeit I mean to imploy my whole endeavour to the uttermost of my power and understanding yet I must needs confess that neither shall you have it done as the Majesty of this presence neither as the gravity of the Cause requireth it to be done And yet the often Experience that I have divers and sundry times had of the Queens Majesties great benignity and gentleness in bearing with and well accepting the doings of those that to her Service put their good wills and diligences And besides all the proof of your Patience in the like matter hath so much encouraged me that as I trust it shall be done although not cunningly nor eloquently yet plainly and truly so as it may be well understood and easily born away and therewith also as briefly as the greatness of such a matter will suffer True it is the original and principal cause is that things there propounded may be orderly and diligently debated deeply considered and thereupon wisely concluded And to the end also that those Conclusions so made the rather for such an universal Consent as in Parliament is used remain firm and stable Now the matters that are in this Parliament to be proved do consist altogether in two parts The former is in matters of Religion for the better maintenance of Gods Honour and Glory The second in matters of Policy for the more perfect upholding and establishing of the Queens Majesties Royal Estate and the preservation of the Common-Weal committed to her Charge The Causes of Religion are again to be divided into two that is into matters of Doctrine and Discipline The thing of Policy I mean also to part into other two that is into matter concerning the good Government of the Subjects at home and into causes of defence against the Enemy abroad And thus by this Process you see you are as indeed you ought First To consider in this your Assembly of Gods cause which faithfully sincerely and diligently done like as it cannot but bring success to all the rest so likewise lukewarm deceitful and double-dealing therein cannot but breed nourish and bring forth Factions Divisions Seditions c. to the great peril and danger of all the rest And the greater that the personages be in Authority and Dignity that thus deal the greater of necessity must be the danger of the Common-Weal And because Gods Law and Doctrine being the first Law and branch must light upon our selves that ought to take the benefit of it as first and chiefly upon Ministers of this Doctrine either for not preaching and teaching by word and example of life so purely and reverently as they might or else not so diligently as they were bound And secondly upon us for not hearing it so desirously or else hearing it and forgetting it or not following it so effectually as we should Thirdly For that many of us of the Laity do not yield and give that estimation countenance and credit to the Ministers of his Doctrine which of right they ought to have and that many greatly hurt the setting forth of it For this one thing may be holden firm by the Rules of good Government that all Officers both Spiritual and Temporal that have Governance during the time of their Offices ought to be preserved in Credit and Estimation For how can any thing be well set forth by them that want Credit Marry for my part let the time of their Offices last as their doings do deserve Fourthly Because the want of the number of Ministers that ought to be and be not and for the insufficiency of those that be for diverse respects But therein the Queens Highness doubteth nothing but all that which the difficulty of time in so great a scarcity of men meet to be Ministers will suffer to be done shall by my Lords the Bishops be done in this behalf and that as speedily diligently and carefully as can be And if any person admitted or to be admitted to this Ministry shall hereafter either of Arrogancy or Ignorance show any strange Doctrine contrary or varying from that which by common consent of the Realm is published to the breach of Unity that he by those to whom it appertaineth sharply and speedily be reformed all favour and fear set apart Thus much for Doctrine You are most earnestly also to think and consider of the Discipline of the Church as one of the strong Pillars of Religion which doubtless at this time hath two great lacks The first the imperfection of Laws for the countenance of it which hath grown either by reason that sundry of the Ordinances made for that purpose be disused or otherwise have not their force or else for that most of the Laws that remain be such as for their softness few men make account of The second imperfection is the slothfulness corruption and fearfulness of the Ecclesiastical Ministers and Officers in the due Execution of those Laws that be good and yet continue True and too true it is that hereby at this present two great Enormities daily grow The former that men of wealth and power given to be evil may in their Countries live what dissolute and licentious life they list and both Temporally and Spiritually offend daily in all the branches of Simony the very Canker of the Church without feeling of this Discipline The second That many of the laudable Rites and Ceremonies of the Church or pertaining to the Ministers of the same agreed upon by common consent the very Ornaments of our Religion are very ill kept or at least have lost a great part of their Estimation And here through the many faults for want of Discipline to remember you of one particular matter of great moment How cometh it to pass that the common people in the Country universally come so seldom to Common-Prayer and Divine Service and when they do come be many times so vainly occupied there or at least do not there as they should do but for want of this Discipline And yet to the help of this there was at the last Parliament a Law made but hitherto no man no no man or very few hath seen it Executed as plainly to speak Laws for the furtherance of this Discipline unexecuted be Rods for Correction without Hands It cannot be denied but as Superstition is every way to be abhorred for fear of Idolatry so certainly the loss of this Discipline is always to be avoided lest else contempt that necessarily must follow may cause Irreligion to creep faster in than a man would think For of all other it is the most pestilent and pernicious thing never suffered nor allowed in anyCommon-Weal nay not amongst the
her Majesty for the Duke having had his Tryal by them of that House their consent and liking in the matter is thereby sufficiently manifested already M r Attorney and M r Sollicitor declared unto this House from the Lords that their Lordships do desire that those Committees which were appointed to meet with them this Afternoon may have Authority from this House to make Choice of a number of themselves to Accompany the Lords unto the Queens Majesty for the reporting and maintaining of such reasons as upon their said Conference shall be first propounded and yielded amongst them touching the great cause This Court was Adjourned until Wednesday next and upon sundry Motions it was resolved that all such of this House as shall think good to exhibit or prefer any reasons or causes to enforce the matter of the Dukes Execution may in the mean time of the next Session deliver them in writing to M r Speaker at their Choices and pleasures to the end that this Court may further proceed to the manner and order of sig nifying the same Petition to her Majesty accordingly On Wednesday the 28 th day of May It was signified unto this House by M r Speaker that the Queens Majesties pleasure was that all they of this House being of the Committees in the great Cause and appointed by them out of themselves to come to her Highness Presence shall all attend at the Court this present day at eight of the Clock in the Forenoon for the same purpose accordingly which Message was so delivered unto M r Speaker now in the House by one of this House sent unto him from M r Treasurer But to what end or purpose the said M r Treasurer with other Members of the House were appointed to attend upon her Majesty doth not appear or can at all be gathered by the Original Journal-Book of the House of Commons but it was doubtless to agitate and treat of the great business touching the Scottish Queen and it is very probable that the Members of the said House did at this time offer up their Petition and Reasons to her Majesty for the speedy Execution of the said Queen all which I have thought good to insert in this place out of a written Copy thereof I had by me although they are there falsly referred to the Parliament foregoing which was in An. 13 Regin Eliz. as were also other reasons there contained which are referred unto Monday the 19 th day of this instant May foregoing An humble Pētition to her Majesty and the Reasons gathered out of the Civil Law by certain appointed by Authority in Parliament to prove that it standeth not only with Justice but also with the Queens Majesties Honour and Safety to proceed Criminally against the pretended Scottish Queen WE your Majesties most humble and faithful Subjects Assembled in Parliament for preservation of your Royal Person and Estate do highly acknowledge the great goodness of God that hath Chosen and appointed such a Soveraign to Reign over us as never Subjects by any Record ever had a better and therefore our hearty Prayers are daily and ever shall be to Almighty God long to preserve your most Excellent Majesty in all and most perfect Felicity that ever Creature had or might have upon Earth And whereas the highest and chiefest States are ever more envied of all such as be the worst and greatest disturbers of Gods Monarchy and his Anointed Jurisdiction we cannot but with a care of mind and force of our Bodies seek to redress what soever shall be thought hurtful to your Majesties safe quietness and most blessed Government A Queen of late time and yet through her own Acts now justly no Queen a nigh Kinswoman of your Majesties and yet a very unnatural Sister Lady Mary Steward late Queen of Scots being driven through violence and force of others to take Harbour in your Majesties Realm for the Safeguard of her Life hath not only had your Majesties most Gracious Protection but also was saved within her own Realm by your Majesties Authority from Execution of Death for her most horrible and unnatural doings there known throughout Europe to her perpetual infamy and shame for ever And albeit upon her first coming your Highness might both by Law and Justice have dealt with her judicially for her attempts made by writing and otherwise against the Crown and Dignity and to the Disherison of your most Royal Person for ever Yet your Majesty in Consideration of her long dangerous troubles in her own Realm and in hope that such great Adversities would have been good Lessons for her Amendment hereafter hath not used her in any such manner as she hath deserved But rather forgetting or forgiving after a sort her former doings hath dealt with her like a good and natural Sister All which notwithstanding this unnatural Lady being born out of kind as it should seem hath altogether forgotten God and all goodness abusing her self as it appeareth most Treasonably against your Majesties Person and State and seeking and devising by all means possible not only to deprive your Majesty of all Earthly Dignities and Livings but also of your natural Life which thing is found by evident Proofs and by the Judges of your Realm declared to be most horrible and most wicked Treason that ever was wrought against any Prince For which her doings her Majesty minding to touch her in Honour esteemeth her a Person unworthy of any hope or Title Preheminence or Dignity within this your Land and therefore not seeking to deal with her according to her desert is only contented to have her disabled as a person not capable of Princely Honour And thus your Majesty using this course thinketh it the meetest way to establish your self and to quiet your Dominions hereafter taking away hereby the hope of such as do depend upon the pretended Title and weakning the whole strength of that Faction And for further assurance of your Majesties quietness your Highness doth not mislike to have grievous pains of High Treason laid upon all such as shall attempt and maintain her pretended Title by any manner of way Thus as evil men shall be kept back from intermedling in the maintenance of a Title so may your Majesties true and faithful Subjects be much emboldened to deal against this pretended Queen and her Adherents when your Subjects shall see a Law set down for your avail and your Enemies shall want Forces and wax weak thereby and your true Subjects greatly hardened for all offences Moreover if the said pretended Queen shall hereafter make any attempt of Treason the Law so to run that she shall suffer pains of Death without further trouble of Parliament And if any shall enterprise to deliver her out of Prison after her disablement either in your Majesties Life or after the same to be Convicted immediately of High Treason and her self assenting thereunto to be likewise adjudged as a Traitor in Law In all which proceedings your Majesty thinketh to
but within the several Forests which to execute in their own persons could not be done through the distances of the Countries and through the great charges that would follow in expences if men of their calling should be driven to travel once every third year to keep their sittings in so many several places by means whereof the Justice Seats were greatly delayed and seldom holden whereby the Offenders either by general Pardons comeing between or by the Death of the Parties did escape unpunished to that he said all these defects were sufficiently holpen by Laws heretofore provided In the time of King Henry the Eighth it was Enacted that both the Justices of the Forests on this side Trent and the Justices of the Forests beyond Trent might make in every Forest a Deputy that should have in all things like Authority to themselves and therefore seeing they had and usually had made Deputies men of less degree than they are and most commonly inhabiting the Countries where the Forests do lie there was no necessity that the Justices in their own Persons should ride but those his Substitutes might very well perform the service with a small charge and so there appeared no cause for that respect to make this Law for it might be supplied otherwise sufficiently For the second he said that whereas by this new Law the Justice should have power to open the Swainmote Books at his pleasure and to convent before him the Offenders at such time and place as he thought good the same must needs prove a very chargeable matter to the Subjects for men being compellable only to appear and answer in the County where the Forest lyeth and where for the most part they abide and there to receive their Trial if now they shall be driven to appear and answer in any place and at any time where and when the Justices shall appoint them it may easily be seen how far greater charge this will breed to the Subject both in travel expence and loss of time than heretofore hath been used chargeable besides it would be to such as should happen to be impannelled upon Juries for trial of offences if they should be driven to come out of the Forests to appear before the Justice in any place which he shall assign contrary to the antient Laws heretofore Ordained for such causes For the third he said that if the Justice sending for the Swainmote Books and opening them should proceed to the punishment of the Offenders according to such Presentments as he should find there that might prove very dangerous to the Subject and especially to such as dwell within or near any Forests for those Presentments being made by the Oath of the Keepers do as often proceed upon suspition and upon malice as upon any good or sufficient ground and then if they be so peremptory to the Offenders as some men think they are or if the tryal be not very indifferent which taken out of the Country may be doubted it is easily seen how perilous that will be to the Subject for either the party shall be forced to submit himself to the discretion of the Justice or else abide such Tryal as he shall not be able to endure Besides whereas the Queen most graciously doth use to grant often-times general Pardons by Act of Parliament whereby the Subjects of the Land are discharged of far greater offences than these such as might happen to offend this way or to be brought in Question for the same should never be partakers of that grace which all other Subjects do enjoy but by yearly vexation be in danger of trouble and charge almost without hope to be released although the offences be as often-times they are very small and slenderly proved whereas now the Justice cannot by the Law keep his Seat but once in three years and if a Pardon come in the mean time all those offences are discharged Touching the last and fourth point he said in making of Laws one principal and special care is to be taken that nothing pass in dark words but that it may be clear and evidence to the understanding of the Makers thereby to know to what they bind themselves and their Posterity the contrary whereof was to be doubted in this Bill as it was penned wherein Authority should be given to the Justices of the Forests to proceed in the Execution of punishment and other matters not only according to the Laws but also according to the Customs Usages and Ordinances of the Forests which latter words are very obscure and therefore dangerous to pass in that form for what the Laws of the Forests are such as be established by Authority of Parliament are evident and open to all men and every Subject is bound to take knowledge of them but what the Customs Usages and Ordinances of the Forest be and how far these words may extend is very doubtful and uncertain the same being only known to Officers and Ministers of Forests and are so far from the common knowledge of other men as few or none that are Learned in the Laws of the Realm have any understanding in them so as if any Subject of the Land should be Impeached for an offence committed in the Forests he shall not be able to receive advice by Councel in the Law for his reasonable defence and therefore under those general words to bind the Subject to those things that neither they do nor may easily get knowledge of The House of Commons do think it a matter very inconvenient and do also think that the Forest Laws already established by Parliament are strict enough and being put in due Execution may suffice without any further addition to increase the burthen of them To these Objections the Earl of Sussex a wise man of good understanding in Forest matters being Justice of the Forests on this side Trent said for Answer in effect as followeth To the first confessing that by Authority of Parliament the Justices of the Forests might appoint their Deputies said nevertheless that those also could not hold their sittings without great charge and their doings shall not be so obeyed nor esteemed as the Acts and Proceedings of the Justices themselves and therefore thought this Law necessary To the second third and fourth he said that there was no meaning by the Lords that past the Bill to bring upon the Subjects any of those inconveniences that were noted by the House of Commons howsoever the Bill might be penned contrary to their intentions and yet he thought that the words were misconceived and drawn to a harder sense than there was cause Nevertheless he said the Lords could be well contented that the House of Commons should reform such things in the Bill touching those points as they should find convenient so as the same were done with good consideration and upon sufficient cause whereof they doubted not This being the substance of the Conference it was the next day reported by one of the Committees to the
our own is and shall be still without any possible means to prevent it so long as the said Scottish Queen shall be suffered to continue and shall not receive that due punishment which by Justice and the Laws of this your Realm she hath so often and so many ways for her most wicked and detestable offences deserved Therefore and for that we find that if the said Lady shall now escape the due and deserved punishment of Death for these her most execrable Treasons and offences your Highness Royal Person shall be exposed unto many more and those more secret and dangerous Conspiracies than before and such as shall not or cannot be foreseen or discovered as these her late attempts have been and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by Justice may and ought to be done We do most humbly beseech your most Excellent Majesty that as well in respect of the continuance of the true Religion now professed amongst us and of the safety of your most Royal Person and Estate as in regard of the preservation and defence of us your most loving dutiful and faithful Subjects and the whole Common-Weal of this Realm It may please your Highness to take speedy Order That Declaration of the same Sentence and Judgment be made and published by Proclamation and that thereupon direction be given for further proceedings against the said Scottish Queen according to the effect and true meaning of the said Statute Because upon advised and great consultation we cannot find that there is any possible means to provide for your Majesties Safety but by the just and speedy Execution of the said Queen the neglecting whereof may procure the heavy displeasure and punishment of Almighty God as by sundry severe Examples of his great Justice in that behalf left us in the Sacred Scriptures doth appear And if the same be not put in present Execution We your most loving and dutiful Subjects shall thereby so far as mans reason can reach be brought into utter despair of the continuance amongst us of the true Religion of Almighty God and of your Majesties Life and the Safety of all your faithful Subjects and the good Estate of this most flourishing Common-Weal Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox On Tuesday the 29 th day of November the Lords Spiritual and Temporal being Assembled Commissionar ' Reginae continuaverunt praesens Parliamentum usque in diem Veneris hor â nonâ On Friday the second day of December Commissionarii Reginae adjornaverunt praesens Parliamentum usque in decimum quintum diem Februarii prox Nota That the Parliament was Adjourned without any new Commission from her Majesty which had been used in the last Parliament in Anno 27 Regin Eliz. Anno Dom. 1584. where the Adjournment was from the 27 th day of December unto the 4 th day of February which was near upon the same intervenient time or space for which this present Parliament de Anno 28 29 Regin Eliz. was now Adjourned But the reason and cause is very plain why this Parliament was now Adjourned without any such Commission from her Majesty although she her self was absent and this was only in respect that her Highness Person was represented by Commissioners to whom at first she had by Commission under the Great Seal delegated full and absolute power not only to begin but also to continue Adjourn or Prorogue this instant Parliament ut vide on Saturday the 29 th day of October foregoing which said Delegates or Lords Lieutenants did here being present Adjourn the same accordingly Concerning which said Adjournment and these two Meetings of one and the same Parliament there hath been much mistake and difference both in the Original Journal-Book of the Upper House and in that also of the House of Commons in the very Rolls of the Statute of this Parliament transcribed by the Clerk of the Upper House into the Chancery and remaining in the Chappel of the Rolls and lastly in the very Printed Books of the Statutes thereof For in the first place M r Anthony Mason at this time Clerk of the Upper House Entereth these two meetings of this one and the same Parliament in two several Books as if they had been two several Sessions to which mistake he was the rather induced because divers Lords did send their new Proxies upon the second meeting of the two Houses on Wednesday the 15 th day of February Anno Regin Eliz. whereas it doth not appear that in the last Parliament de Anno 27 Regin Eliz. that any new Proxies were then returned upon the second meeting of the two Houses after a like Adjournment But the reason of this seemeth to be not only in respect of this Adjournment that it was somewhat longer than that former in the twenty seventh year of her Majesty which lasted not full two Months whereas this present Adjournment continued for the space of seventy five days or two Months and a Fortnight at the least But also because divers of the Lords both Spiritual and Temporal who were present at this first meeting being desirous as it should seem to hear that great business of the Scottish Queen debated and resolved on did after this Adjournment and their recesses into their several Countries get Licence of her Majesty to be absent from the second meeting of this Parliament which ensued on Wednesday the 15 th day of February following in Anno 29 Regin Eliz. and in which there were none but ordinary matters likely to be handled Execution and Justice being done upon the Scottish Queen the 8 th day of February immediately preceding the said second meeting and did thereupon send their several Proxies of which such as were unusual and extraordinary are set down in the Journal ensuing according to the several days on which they were returned In the second place touching the Original Journal-Book of the House of Commons these two meetings of one and the same Parliament are set down as two several Sessions the one by M r Fulk Onslow at this time Clerk of the House of Commons and the other by M r William Onslow his Kinsman who being a Member of the House was Licenced by it to supply the place of the said M r Fulk Onslow who by reason of his sickness was not able to attend who enters this second meeting of the House of Commons upon Wednesday the 15 th day of February in these words viz. This present Session of Parliament holden by Prorogation c. Whereas it had not been Prorogued but Adjourned and was no new Session but meerly a new meeting In the third place the Roll of Statutes transcribed by M r Anthony Mason into the Chancery and remaining in the Chappel of the Rolls is intituled as followeth Rotulus Parliament de Anno Regni Regin Elizabeth vicesimo octavo Whereas the words should likewise have been
this House the summary cause of her Majesties calling and assembling of this great Council at this time which was he said not to make any more Laws as being many more already than well executed nor yet for any Subsidy albeit if need so required the same were convenient enough to be done but said he to consult for such matters as the like were never erst heard of nor any Parliament called for in former time that can be found or read of And so very excellently plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the Queen of Scots so called meerly tending to the ruine and overthrow of the true and sincere Religion established in this Realm the Invasion of Foreign Forces into this Realm Rebellion and Civil Wars and dissension within this Realm yea and withal which his heart quaked and trembled to utter and think on the death and destruction of the most Sacred Person of our most Gracious Soveraign Lady the Queens Majesty to the utter desolation and conquest of this most Noble Realm of England And so discoursing of the matter and great execrable Treacheries and Conspiracies of the said Queen of Scots even from the first to the last in particularities very amply and effectually such of them at the least as have been hitherto discovered shewing also very manifestly and evidently the proofs and all other circumstances of the same Treachery and Conspiracies and so thinketh good for his part that speedy Consultation he had by this House for the cutting of her off by course of Justice for that otherwise our said Soveraign Lady the Queens Majesties most Royal Person cannot be continued with safety concludeth with this Sentence Ne pereat Israel pereat Absolon Which done M r Chancellor of the Exchequer M r Chancellor of the Dutchy and M r Secretary Woolley using each of them severally very effectual Speeches at large touching the said horrible Treasons and Conspiracies caused and procured by the said Queen of Scots the House did then rise the time being far spent with reservation nevertheless by M r Speaker remembred for further Speech therein to be had by others of this House to morrow again and a saving also till some other more convenient time for such of this House as shall please to speak to the said Bill of Inrollments upon the said second reading of the same accordingly Vide 7 th November Monday On Friday the 4 th day of November M r Recorder of London having made Declaration unto this House that divers of the Members of the same do find themselves grieved for that their Servants attending upon them are daily arrested contrary to the ancient Liberties and Priviledges of this House and having further moved also that a like Committee of this House may at this time be appointed as had been the last Parliament for the examining and reporting Cases of Priviledge It was resolved and agreed by the House that the same shall be exercised and done accordingly And for the performance thereof the said M r Recorder Sir Henry Gate M r Robert Wroth and M r William Fleetwood were appointed by the Authority of the House Upon the Motion of M r Speaker putting the House in remembrance of continuing and further prosecuting of the great Cause they dealt in yesterday divers Speeches were made to that effect by Sir James Croft Comptroller of her Majesties Houshold Sir Francis Knowles Treasurer of the same Sir William Herbert Sir Thomas Scot M r Francis Bacon M r Alford M r Throgmorton M r Barker M r Dalton M r Biynbrigg and M r Sollicitor by all which it was concluded That considering the late horrible Treasons and Practices conspired against the Life of the Queens Majesty and also for the procuring of Foreign Invasion in respect of the Attempt and also for endeavouring to raise Rebellion within the Realm for and by Mary late Queen of Scots therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter which could never be unless the said Scottish Queen did presently suffer the due Execution of Justice according to her deserts And then upon the further Motion of the said M r Sollicitor for a Committee of this House to be had to confer of some convenient and fit course to be taken by Petition and Suit to her Majesty in that behalf with request also unto the Lords to joyn therein with this House to her Highness if it please them thereupon this Committee following was nominated and appointed in that behalf accordingly viz. all the Privy Council of the House Sir William Herbert Sir Thomas Scot Sir Henry Gate Sir William Moore Sir Thomas Manners Sir Thomas Fairfax Sir Robert Jermin Sir John Petre Sir Henry Cock Sir Henry Cobham Sir Henry Knyvet Sir John Higham Sir Thomas Stanhope M r Fortescue Master of the Wardrobe M r Randal M r Osborne M r George Moore M r Cromwell M r Beale M r Wroth M r Burlace M r George Carie M r Doctor Stanhopp M r Dale Master of Requests M r Francis Hastings M r Sollicitor M r Attorney of the Wards M r Serjeant Snagg M r Morrice M r Sandes M r Dalton M r Bacon M r Alford M r Barker M r Bainbrigge M r Throckmorton M r Corbett M r Palmes M r Pate M r Skinner M r Amersam M r Edward Lukenor M r Thynne and M r Hellyard Recorder of York who were all of them appointed by the House to meet in the Exchequer Chamber at two of the Clock this Afternoon On Saturday the 5 th day of November M r George Moore entring into some discourse touching the great Cause concludeth after sundry great and weighty reasons first shewed that only Popery is the chief and principal root of all the late horrible and wicked treacheries and practices and the Queen of Scots a principal branch issuing from the same root and the most perillous and full of poyson of all the other branches thereof for that the Papists in very deed for the most part not knowing the Person of the said Queen of Scots do wish the Establishing of her in the Crown of this Realm rather in respect of Popery which she would set up than for any affection they bear to her Person and so likewise for the most part all of them either wish or could easily bear the death of our Soveraign Lady the Queens Majesty though perhaps they would not shew themselves to be Actors or Dealers therein He therefore moveth that it may be joyned in the Petition for the great Cause that her Majesty may be moved to retain no Servants about her Highnesses Person but such only as may be well known both to profess the true and sincere Religion and also to be every way true and faithful Subjects And further that the Laws already in force against Papists may be put in due Execution Which Speeches being ended M r Speaker shewed that the
the thing we fear for if the thing be otherwise and our necessity greater the former doings are no Rules to us And so Precedents as they are not to be rejected so they ought not to be Eternal For the poverty of our Country we have no reason to think it poor our sumptuousess in Apparel in Plate and in all things argueth our riches And our dearth of every thing amongst us sheweth plenty of Money But it is said our Countries are poor and we must respect them that sent us hither Why so we must also remember who sent for us hither This Cause is hard for there is necessity against necessity danger against danger and inward discontent against outward Forces The poor are grieved by being overcharged this must be helped by increasing our own Burthen for otherwise the weak feet will complain of too heavy a body that is to be feared If the feet knew their strength as we know their oppression they would not bear as they do But to answer them it sufficeth that the time requireth it And in a Prince power will command To satisfy them they cannot think we overcharge them when we charge our selves with them and above them But if nothing will satisfy them our doings are sufficient to bind them If the multitudes of Parliaments be remembred heretofore many Subsidies now in one Parliament cannot seem burthensome The more Laws we make the less liberty we have to our selves And now one word for my self if my Speech hath offended excuse me I will not often trouble you hereafter M r Speaker said I do not desire to be thought arrogant for the thing which I will speak shall be out of duty belonging to my place Because I see many Speeches grow upon mistaking and one Speech mistaken to cause another mistaking sic undam gignere undam and so a great deal of time lost in words hereafter I will be bold if any man mistake in the point of a Bill to tell him of it before his Speech proceed for this Question of conferring with the Lords has taken up so much time only by mistaking for 't is granted by the House to have a General Conference They that should confer had need be authorized and instructed what to confer upon for he that hath but delegatam Potestatem will think nothing Promissum that is not Commissum and 't is certain non utile est ubi nulla est curatio morbi Therefore understand what is needful to confer upon The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture were referred unto M r Speaker to inform the Lord Keeper thereof No Return can be amended in this House For the Writ and Return are in Chancery and must be amended there And in the Chancery this is the Rule if the Sirname or the proper name of a party be mistaken in the Return the Lord Keeper will not amend it for such tender consideration is had of the free Election by the Corporations as no Information shall be credited against the Return but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return and then they by the same Writ shall have Authority to make a new Election Thus far out of the aforesaid Anonymous Journal On Wednesday the 7 th day of March Sir Edward Hobby moving the Cause of M r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper showeth That he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House that a Serjeant at Armes be sent by Order of this House for the said M r Fitzherbert at his own Charge by reason whereof he may be brought hither to this House without peril of further being Arrested by the way and the state of this Cause to be considered of and examined when he shall be come hither Which was thereupon well liked and allowed by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time John Legg Prisoner at the Bar Servant to the Earl of Northumberland as he saith after a good Exhortation given him by M r Speaker and the Oath of Supremacy pronounced by him at the Bar is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House paying his Fees Vide on Saturday March the third foregoing The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading and thereupon it was moved by some that it might now pass the House and be sent up also to their Lordships but others took Exceptions thereat because the Bill had not been as yet spoken unto Whereupon because it could not now be committed after the third reading it was by the Order of the House agreed that it should be spoken unto to Morrow and afterwards pass the House or be dashed as the Case it self should require The Bill for Naturalizing of William Sidney and Peregrine Wingfield was sent up to the Lords by M r Treasurer and others M r Serjeant Snagg and M r Serjeant Fleetwood do bring the Lords two Bills the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands and the other Intituled an Act to confirm the sale of the Lands of M r Raven Gentleman made unto Lisse Cave Thomas Andrewes and Edward Hisserigg Esquires towards the payment of a Debt due unto her Majesty M r Vice-Chamberlain shewed that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon Their Lordships thereupon were so pleased to do albeit they rather desired the same might have been done sooner And so reciting at large the particularities of the said Advertizement and whereof some happened since the last former Conference Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday It was in the end after sundry Speeches of divers grave Members of this House tending to divers forms of provision of Treasure some by way of
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
unto by the House of Commons with a competent number of them The Councel Learned on part of George Ognell and on the behalf of the Hospital of Warwick c. were openly heard in the House Vide concerning this business on Monday the 16 th day Tuesday the 17 th day and Friday the 20 th day of this instant January foregoing Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness The Committees in the Bill for punishment of Rogues Vagabonds c. who were appointed on Saturday the 21 th day of this instant January foregoing returned the same to the House with some Amendments by the Lord Archbishop of Canterbury and the Lord Chief Justice required to consider of the Amendments Two Bills were brought up to the Lords from the House of Commons of which the first being that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was presented by Sir Robert Cecill and others On Tuesday the 24 th day of January Three Bills of no great moment had each of them their first reading of which the first was that no person robbing any House in the day although no person be therein shall be admitted to have benefit of Clergy The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars was returned by the Lord Marshal second of the Committees with sundry Amendments thought meet to be added which Amendments were presently twice read and after consideration thereof had and much debate whether the Bill should so pass or no it was thought necessary to be recommitted to the said Committees who were appointed on Monday the 16. day of this instant January foregoing and the time and place appointed presently at the little Chamber near the Parliaments presence The Bill was brought in again with the same Amendments and no Alteration and thereupon commanded to be engrossed The Bill entituled An Act for the relieving of Clothiers concerning the weight of short broad and coloured Cloths to be made within the Counties of Suffolk and Essex was returned to the House by the Earl of shrewsbury the first of the Committees who made Report that upon hearing of both Parties and upon due consideration of the reasons and allegations by them alledged the Committees thought there could not be any further proceedings in the same Whereupon a new Bill was presented bearing this Title viz. An Act touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex which was presently read primâ vice The Bill for punishment of Rogues Vagabonds c. was brought into the House by the Lord Chief Justice with certain Amendments It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees may afterwards be contradicted or spoken against by any of the Committees but the doubt was left for the present unresolved Vide on Thursday the 12 th day of November in the Parliament de Anno 43 Regin Eliz. where this doubt was cleared and ruled affirmatively On Wednesday the 25 th day of January Three Bills had each of them one reading of which the last was the Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill Four Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for maintenance of Husbandry and Tillage Two Bills had each of them one reading of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars was read tertiâ vice The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays c. who had been appointed on Thursday the 12 th day of this instant January foregoing had not time at the day formerly assigned and moving for a new day to be appointed for their meeting the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber Notice was given to the House by the Lord Treasurer that the Committees upon the Bill concerning Tellors Receivors c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon according to the Order taken the 23 th day of January But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers otherwise than to speak as they should see cause as private men and desired that the Answer might be communicated to the said Commons in writing the Lords therefore sent down the said Answers to the House of Commons by the hands of M r Attorney General and M r Doctor Stanhop The Committees upon the Bill concerning the draining of Waste and Marish grounds and who had been appointed on Wednesday the 11 th day of this instant January foregoing were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon The Amendments upon the Bill for punishment of Rogues Vagabonds c. were twice read And thereupon the Bill with the said Amendments was commanded to be engrossed On Thursday the 26 th day of January the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts c. was returned by the Earl Marshal the second of the Committees by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill A Motion was therefore made that the Cause might be ended by some Arbitrary Course Whereupon the Parties on both sides were called into the House and moved to that purpose unto which they assented and made choice of the Earl of Rutland the Lord Bishop of London and the Lord Mountjoy who were appointed to meet this Afternoon Vide concerning this matter on Tuesday the 17 th day of December foregoing Six Bills of no great moment had each of them one reading of which the fifth being the Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Attorney General The Bill for the lawful making of Bayes c. was returned by the Earl Marshal the second of the Committees with a Proviso thought meet to be added which Proviso was twice read and commanded to be engrossed The Bill to reform deceits and breaches of
and our expectations The Clerk of the petty Bag the Clerk of the Crown and the Clerk of the Parliament attended us The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out sedente Parliamento for so are the words it was for the Knights of Yorkshire and Lancashire and this was all he could shew only he said an old Officer would be sworn there were more but lost by Garth's decease The Clerk of the Crown dealt with us two ways The First by way of experienced Officers The Second by way of Precedent For the First one Stephen Brown was brought forth before us who hath been an Officer in the Crown-Office these thirty six years And being asked if he knew how Warrants were directed he answered that in the time of the Lord Keeper Bacon he that was Speaker of this House directed them to the Clerk of the Crown Being further asked if they were impugned he Answered No. Being asked where these Warrants were kept he said on the Labels in the House The said Clerk shewed us sive Precedents and one Order the rest were lost by M r Watson's death as the other Precedents were by the death of M r Garth the Clerk of the Parliament of the 13 th of Queen Elizabeth when Sir Christopher Wray was Speaker As also One Order dated 18 th of March 1580. die Sabbathi that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwich instead of one Beamont the words whereof were It is required of the Knights Citizens Burgesses and Barons c. As also another Order dated die Sabbathi 18 o Martii 1580. in these words It is further agreed upon and resolved by this House that during the time of sitting of this Court there do not at any time any Writ go out for the chusing or returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Ancient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde the effect whereof was That forasmuch as they were Arrested into the Kings Bench whereas we find them priviledged as Members of this House a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid Dated from Westminster the sixth day of December Therefore for mine own opinion and according to these Precedents I think they ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35 o Eliz. where a new Writ was to be Awarded out concerning M r Fitzherbert and all Writs of priviledge to come from the Chancery And the Speaker made a new Warrant to the Lord Keeper to make a new Writ In the like case both touching Southwark and Melcombe Regis for I think the Warrant ought to be directed to the Lord Keeper M r Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis And he that presents a Precedent without a reason presents a body without a soul. There is a difference in Writs there are Brevia ex gratia speciali and Brevia cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs of course by the Lord Keeper M r Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest And that his Lordship did greatly respect both the majesty and gravity of this Assembly and said that he woud be loth to derogate any thing from either Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House or contrary to the most antient usage that we would now settle our resolution and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands and also increase the Majesty and Honour of this House which he most heartily wished might ever continue And for my part thus much I can assure you that we cannot wish him to be more Honourable or more agreeable to this House than we found him Henry Doyley of Lincolns-Inn said M r Speaker I take it there is a Precedent this Parliament which will decide this Controversie For an Honourable Person of this House being chosen with my self Burgess for Wallingford and also Knight of a Shire chose to be a Kuight And a Warrant went from you M r Speaker directed to the Clerk of the Crown for the Election of a new Burgess who is since Chosen and Sworn and is now a Member of this House M r Thomas Fortescue by name M r Flemming said The Clerk of the Crown is our immediate Officer he is to be Attendant between the two Doors of the Upper House and Lower House when any Warrant General is required he is to subscribe it to certifie it c. he is to convey our minds and Messages to the Upper House c. Yea this Warrant is to be directed to him Then all cryed to the question Then M r Speaker stood up and said The Question must stand on three parts First if the Warrant shall be directed to the Clerk of the Crown Secondly to the Lord Keeper Thirdly if without any direction The House after this Speech was in great murmur and very loud then stood up one and said M r Speaker Let the first Question stand and then all will be at an end Then the Speaker said Shall the first question stand And all said Yea. Then he said All those that will have the Warrant directed to the Clerk of the Crown cry Yea and all those that will not cry No. And the Yeas got it a little Then he asked if he would have this Order entred of Record and all cryed Yea Yea. Thus far out of the private Journal Now follows some part of the next days Passages out of the Original Journal-Book it self On Monday the 16 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for enabling Edmund Mollineux Esq to sell Land for the payment of his Debts And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes had each of them their first reading Thus far out of the Original Journal-Book of the House of Commons the residue of this days Passages for the most part is transcribed out of that often before-mentioned private Journal M r Henry Doyley a Barrester of Lincolns-Inn made a Motion and said M r Speaker I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since