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
Serjeant Harris and Serjeant Heyle were added unto them M r Simnell one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes appointed on Friday the 11. day of this instant November foregoing shewed that the Committees have met together but did not conclude of any thing by reason that it was doubtful whether they were to treat of that matter only or else both of the same and also touching the stealing away of Mens Children without assent of their Parents and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same being before several propounded at the Motion of sundry Members of this House Sir John Fortescue Chancellor of the Exchequer shewed that her Majesty did yesterday last call Mr. Secretary and himself unto her and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House and minding due punishment and redress of the same commanded them to take information of the grievances in particular of the Members of this House that her Highness having certain notice thereof may thereupon give order for the due punishment and redress accordingly Whereupon after sundry other Speeches tending to sundry courses but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor it was in the end resolved that the former Committees who were appointed on Friday the 11 th day of this instant November foregoing to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose and that Sir Thomas Cecill Sir Francis Hastings Sir Robert Wroth Sir Edward Hobby Mr. Robert Wingfield Mr. Fulk Grevill Mr. Nathaniel Bacon Mr. Symnell Mr. George Moore Mr. Francis Bacon Mr. Francis Goodwyn Sir Edward Hastings Sir Henry Worth Sir Anthony Cope Sir William Moore Mr. Hexte Sir John Sudmore Mr. Finch and Mr. Francis Moore should receive Informations of the grievances touching Ecclesiastical Causes this day moved in the House and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Vide Nov. 16. M r Francis Bacon one of the selected Committees concerning Inclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was Ordered that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers c. shewed the meeting of the Committees in that Bill and some Amendments by them made in the same and so delivereth in the same Bill so amended The Bill for repressing of Robberies and touching Huy and Cry was read the second time and upon the question for Commitment was denied to be committed and upon another question for the ingrossing was denied to be ingrossed and so rejected On Tuesday the 15 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for extirpation of Beggars was read the first time Sir Robert Wroth one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen Intituled An Act for encrease of Mariners and for maintenance of Navigation who were appointed on Thursday the 10 th day of this instant November foregoing brought in the Bill with some Amendments made by the Committees which Amendments being twice read in the House the Bill was afterwards and after some Speeches against the Bill Ordered to be ingrossed upon the question M r Serjeant Drew and M r D r Stanhop do bring from the Lords the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annext The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time and passed upon the question M r Chancellor of the Exchequer putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesties direction touching the Causes of her Highnesses calling of this Parliament and shewing at large her Majesties great and excessive Charges sustained for the defence of her Highnesses Realms and Dominions against the force of the King of Spain amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament and declaring further the great necessity of some Mass of Treasure to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesties Forces in defence of her Highness Realms Dominions and Subjects against the Forces and Invasions of the said King of Spain and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary moved for a selected Committee of this House to be nominated to treat and consult concerning that matter M r Secretary Cecill shewed at large the purposes practices and attempts of the said King of Spain against her Majesty and her Realms Dominions and Subjects in divers sorts and at sundry times together with his great overthrows in the same by the mighty hand of God and of her Highnesses Forces to his perpetual ignominy and great dishonour throughout the whole World And so after a large discourse most excellently delivered by him concluded with a Motion for proceeding to the said Committees Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon It was agreed that all the Privy-Council being Members of this House all the Knights returned for the Counties into this present Parliament and all Citizens for Cities returned into this House should meet about the said business on Friday next at two of the Clock in the Afternoon in this House and any other of this House then to come to them also at their pleasures that will Vide plus on Wednesday the 7 th day of December following On Wednesday the 16 th day of November Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton and the Burgesses for the
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
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
all the Earls Summoned to this Parliament differed nothing from that by which the Duke of Norfolk was Summoned The words of the Writs that were directed to any Bishop this Parliament were Verbatim the same with the Archbishops only differing in the Style which is set down before their Christian Names being added in these words Reverendo in Christo Patri instead of these words inserted into the Writs directed to the Archbishops viz. Reverendissimo in Christo Patri The Writs to the Viscounts and Barons are thus directed viz. Dilecto fideli suo Anthonio Vicecomiti c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk The Writs by which the Judges are Summoned are directed thus Dilecto Fideli suo c. and differ from the Peers Writs in these words tractare Consilium suum impendere but not ordinare and the same Style is inserted in the Writs directed to the Queen's Council and the rest who are to attend in the Upper House The Parliament being Summoned to begin as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk on the 23th day of January it was upon the said day farther Prorogued in manner and form following Memorandum where the Queen's Majesty by her first Writ Summoned the Parliament to be begun and holden at Westminster the 23. day of January as by the same Writ bearing Date at Westminster the 5th day of December in the first year of her Reign it more plainly appeareth Her Highness upon certain great and weighty Causes and considerations her Majesty especially moving by the advice of her Privy-Council and of her Justices of both her Benches and other of her Council Learned did Prorogue and Adjourn this said Parliament until Wednesday now next following being the 25th day of this instant Month by vertue of her Writ Patent Signed with her own Hand Sealed with her Great Seal bearing Date the 21th day of this present Month whereupon at this said 23th day of January the Lord Keeper of the Great Seal with divers others her Lords and Counsellors repaired to the Parliament Chamber commonly called the Upper House and there in the presence of the whole Assembly of the Lords Spiritual and Temporal the Knights Citizens and Burgesses Summoned to the same Parliament did open and declare that the Queens Majesty whose preservation in Health giveth safety and surety to the whole Publick Wealth not feeling her self in good Disposition of Body nor unmindful of the Peril that by her too much boldness by coming abroad might ensue sent for the Lord Keeper of the Great Seal the Lords and others of her Highness Council unto whom she declared her Estate and the fear she had to adventure going to Parliament this said prefixed day being the 23th day of January requesting them to signifie her Estate unto the Assembly and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day until the 25th day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure the said Writ for the said Prorogation in the presence of that Assembly was there then read by the Clerk of the Upper House publickly and openly the Tenor whereof ensueth Verbatim ELizabetha Dei Gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand ' tenend ' convocat ' elect ' eorum cuilibet Salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernen ' dictum Parliamentum nostrum ad diem locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem diem praedict ' interesse Mandaverimus ad tractand ' assentiend ' concludend ' super his quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialitèr movend ' dictum Parliamentum nostrum usque 25 diem hujus instantis Mensis Januarij duximus prorogand ' it a quod nec vos nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitùs exonerari Mandantès tenore presentium firmiter injungendo precipientes vobis Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis intersitis quilibet vestrum compareat intersit ad tractand ' faciend ' agend ' concludend ' super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo This day also although the Parliament begun not nor any Peers sate in the Upper House but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th day of this instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did Constitute others of the said Upper House to give their voices for them And because no Lord could be absent without Licence from her Majesty first obtained during this Parliament it will not be impertinent amongst other matters of Course to set down the form of the said Licenses which were as followeth RIght Trusty and Wel-beloved We Greet you well Whereas we are informed that by reason of Sickness you are not able to make your repair hither to this our Sessions of Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and do License you to remain still at home for this time So nevertheless that you send up your Proxie to some such Personage as may for you and in your name give his voice assent or denial to such matters as shall be Treated and Concluded upon in our said Parliament and these our Letters Patents shall be your Warrant in this behalf Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign Upon the obtaining and receipt of this aforesaid Licence from her Majesty granted to every absent Lord in particular they sent their several Proxies of which the first that was returned this day was the Proxie of
divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
the Woolsacks and the Queen 's Learned Council on the outside of the Woolsacks next the Earls The Masters of the Chancery sate two of the same side and two on the other side next the Bishops The Clerk of the Parliament and the Clerk of the Crown sate on the lower Woolsack and had a Table before them And the Clerk of the Parliament had his Clerks under him who kneeled behind the Woolsack and wrote thereon All those Peers as appears by the Journal of the Upper House A. 8. Regin Eliz. the 2. day of Feb. being Wednesday which follows after in its due place who are before mentioned had their Mantles Hoods and Surcoats being of Crimson Velvet or of Scarlet furred with Meniver their Arms put out on the right side and the Duke of Norfolk had four Bars of Meniver The Marquess of Winchester and the Earls three And the Viscounts and the Barons two Henry Earl of Southampton and the Lord Dacres of the North were as I conceive at this time both under Age and in ward to her Majesty and if they were present as many times such were admitted upon such Solemn days as these then doubtless they did either stand besides the upper part of the rail at the higher end of the Parliament House or else were admitted to kneel at the upper end of the said House near the Chair of State for no Peer is called to sit as a Member of that great Council or to have his free voice until he have accomplished his full Age unless by the special grace of the Prince and that very rarely unless they be near upon the Age of twenty at the least The Sons and Heirs apparent of Peers that sit in the House stand on ordinary days without the upper Rail These Animadversions being thus premised touching the places and Robes of the Peers now follows the coming up of the Knights Citizens and Burgesses of the House of Commons into the Upper House which being not found in the Original Journal Book of the same I have suppli'd with some additions out of the Original Journal Book of the House of Commons A. primo Regin Eliz. and with it the Speech of Sir Nicholas Bacon Lord Keeper at large out of a Copy thereof I had by me The Knights Citizens and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by ..... according to the Ancient Custom and usage that her Majesty the Lords Spiritual and Temporal and the residue were set in the Upper House expecting their repair thither whereupon they went up immediately unto the said House and being set in as many as conveniently could and standing below the Rail or Bar at the nether end of the said House Sir Nicolas Bacon Lord Keeper after he had first privately in the presence of them all conferred with her Majesty went and stood behind the Cloth of Estate on the right hand and there spake as followeth viz. MY Lords and Masters all The Queen 's most excellent Majesty our Natural and most Gracious Sovereign Lady having as you know Summoned hither her High Court of Parliament hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto And here my Lords I wish not without great cause there were in me ability to do it in such order and sort as is beseeming for her Majesties honour and the understanding of this presence and as the great weightiness and worthiness of the Matter doth require it to be done The remembrance whereof and the number of my imperfections to the well performing of it doth indeed plainly to speak breed in me such Fear and Dread that as from a man abashed and well nigh astonied you are to hear all that I shall say therein True it is that some Comfort and Encouragement I take through the hope I have conceived by that I have seen and heard of your gentle sufferance by others whereof I look upon equal cause equally with others to be partaker and the rather for that I am sure good will shall not want in me to do my uttermost And also because I mean to occupie as small a time as the greatness of such a cause will suffer thinking that to be the meetest Medicine to cure your tedious hearing and mine imperfect and disordered speaking Summarily to say the immediate cause of this Summons and Assembly be Consultations Advice and Contentation For although divers things that are to be done here in Parliament might by means be reformed without Parliament yet the Queen's Majesty seeking in her Consultation of importance Contentation by assent and surety by Advice and therein reposing her self not a little in your Fidelities Wisdoms and Discretions meaneth not at this time to make any Resolutions in any matter of weight before it shall be by you sufficiently and fully debated examined and considered Now the Matters and causes whereupon you are to Consult are chiefly and principally three points Of those the first is of well making of Laws for the according and uniting of these people of the Realm into an uniform order of Religion to the Honour and Glory of God the establishing of the Church and Tranquillity of the Realm The second for the Reforming and removing of all Enormities and Mischiefs that might hurt or hinder the Civil Orders and Policies of this Realm the third and last is advisedly and deeply to weigh and consider the Estate and Condition of this Realm and the Losses and Decays that have happened of late to the Imperial Crown thereof and therefore to advise the best remedies to supply and relieve the same For the first the Queen's Majesty having God before her Eyes and being neither unmindful of Precepts and Divine Councils meaneth and intendeth in this Conference first and chiesly there should be sought the advancement of God's honour and Glory as the sure and infallible foundation whereupon the Policies of every good Common-Wealth are to be erected and knit and as the straight line whereby it is wholly to be directed and governed and as the chief Pillar and Buttress wherewith it is continually to be sustained and maintained And like as the well and perfect doing of this cannot but make good success in all the rest so the remiss and loose dealing in this cannot but make the rest full of imperfections and doubtfulness which must needs bring with them continual Change and alteration things much to be eschewed in all good Governances and most of all in matters of Faith and Religion which of their natures be and ought to be most Stable Wherefore her Highness willeth and most earnestly requireth you all first and principally for the Duty you bear unto God whose cause this is and then for the Service you owe to her Majesty and your Country whose Weal it concerneth universally and for the Love you ought to bear to your selves whom it toucheth one by one particularly That in this Consultation you with
in the Upper House but nothing was done save only the Parliament continued by the Lord Keeper which is entred in the Original Journal-Book of the same House in manner and form following Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour in the Afternoon the Queens Majesty came in person into the Upper House of Parliament where were then present to attend her Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England and divers other Lords both Spiritual and Temporal who being all set in their Parliament Robes according to their several Ranks in their due places the House of Commons had notice thereof and repaired thither with Sir Thomas Gargrave Knight their Speaker whose Speech to her Majesty and his very coming up being wholly omitted in the Original Journal-Book of the Upper House I have partly before supplyed it according to the usual course and added also the residue in like manner touching the substance of what he spake being also partly furthered in the setting down of it out of the Answer of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal unto him whose said Answer I have also caused to be inserted at large out of a Copy thereof I had by me Sir Thomas Gargrave Knight before mentioned with as many of the Knights Citizens and Burgesses of the House of Commons as conveniently could being let into the Upper House and he placed at the Rail or Bar at the nether end of the same made a Learned Speech to her Majesty which is termed in the Original Journal-Book of the House of Commons fol. 214. b. A Learned Oration the effect whereof may very probably be gathered to have been as followeth viz. He declared unto the Queens Majesty and that present Assembly with what care and speed the House of Commons had this present Parliament enacted and passed many good Laws which remaining yet as a dead Letter and without force he did humbly desire that her Majesty would be pleased by adding her Royal Assent unto them to make them living and active Laws Then he desir'd in the name of the House that her Majesty would be pleased to accept of the good endeavours and desires of the said House of Commons expressed this Parliament in all their proceedings and more especially that her Majesty would be pleased to take in good part the free gift of her said Subjects who in token of their Love and Zeal to her Majesty did with one assent offer unto her not only the Subsidy of Tonnage and Poundage but likewise one Subsidy and two Fifteens and Tenths as an undoubted effect and Testimony of their Duty and thankfulness towards her Majesty for those many blessings and benefits which had accrued to the Church and State by her Highnesses most lawful and just Succession Lastly He concluded with an humble desire that her Majesty would be pleased to accept of his hearty and zealous thanks in allowing and admitting him though unworthy to that place of trust and importance and to pardon all those weaknesses and imperfections which he had unwillingly or casually discovered in the Execution of it To which said Speech of the Prolocutors Sir Nicholis Bacon Lord Keeper of the Great Seal having first repaired to the Queen to her Chair of Estate to know her Majesties pleasure as in her name and by her Command returned him this wise and large Answer M r Speaker The Queens Majesty hath heard how discreetly and wisely you have declar'd the proceedings of this Session in the House of Commons for Answer whereunto and for the better signification to be made to my Lords of the Upper House of the Judgment of the Parliament men and these Parliament matters her Majesties pleasure and Commandment is that I should open and utter unto you three things The one is what her Highness understandeth by your doings this Parliament of your wisdom and diligence The second what of your liberality and benevolence and therewith how comfortable the former is and how thankful the second The third what her Highness would you should do for the good Execution of the Laws devised by you and of the rest heretofore devised by others And here my Lords and Masters all albeit in labouring to bear this burthen I am much more like to fall than but to faint under it because neither am I able to perform it as the Queens Majesty hath commanded it nor as your deserts justly crave it nor as my will wisheth and desireth it Nevertheless my trust is that you will pardon my weakness and want so as no note of arrogancy or folly be ascribed to me for it seeing as you know by duty driven I do it I had rather and I know it much better for me to be silent and so to have no need of your pardon than by Speech to all your pains in hearing and to mine also in speaking to deserve to pray it if mine Office would suffer But now to the matter For the first part wherein her Majesty considereth how in the debating of the great and weighty Causes of this Parliament we have banished all suddain rash and swift proceedings dangerous Enemies to all good Counsel and in place thereof have taken such convenient leisure as the weightiness of the matters of their better consideration hath requir'd And again what freedom of Speech hath been used and permitted for the plain Declaration of every mans knowledge and Conscience yea and how men in some Cases and some places have been rather by gentle perswasions provoked than by any sharp manner of Speech by men of Council disswaded therefrom and therewith also how learnedly and cunningly the disputable matters being of moment have been agreed and reasoned how gravely and deeply weighed and considered how advisedly and considerately resolved and concluded and lastly with what nigh and universal consent they have been by you enacted and established Besides also remembring your great Studies and endeavours and diligences for the opening and declaring what may be said Pro contra in all causes of doubts to the end as it seemeth to her Highness that when all was said and heard on both parts that by any of your could be inferr'd or produc'd That that which should thereupon for all respects appear to stand most with the Honour and Glory of God and the common Wealth of the Realm might be the better and more safely agreed upon and determined When her Majesty I say remembreth and considereth these things she saith she cannot but much commend and allow your wisdom and diligence therein greatly to her comfort and consolation and much to all your praises and commendations For now her Majesty verily trusteth that like as no manner of determination in Parliament neither can nor ought by any private Man to be infringed or undone so these determinations of yours in this form begun proceeded and concluded cannot hereafter justly no not by
only stored with many good passages touching the ordinary reading committing and expediting of Bills but also with much extraordinary matter concerning the private priviledge of the House and publick state of the Church and Common-Wealth which in this great Council of the Kingdom received much alteration and change to the yet lasting honour and welfare of them both In which also as in the preceeding Journal of the Upper House I have enlarged and supplied many things in matter of form which are not found in the Original Journal-Book of the same House touching the Writ of Summons the preferring reading and passing of Bills with the committing and sending of them up to the Lords and such like Neither doth there want much enlargement out of Record or otherwise concerning the Election Presentments and Petitions of the Speaker with all other things that are materially worthy of any Animadversion or Annotation which matters of Form or Explanation I did the rather cause to be inserted in this first Journal of the Parliament during her Majesties Reign that so I might the better omit it in the following Journal and have ready recourse hither unto it being all fram'd into one structure or body in this present Journal prout sequitur Sir Nicholas Bacon Knight Lord Keeper of the Great Seal having received her Majesties Warrant for the making and Issuing forth of the Writs of Summons did speedily cause them to be directed to such Peers and others as were to attend in the Upper House and to the several Sheriffs of England for the Election and Chusing of the Knights Citizens Burgesses and Barons that were to be present in the House of Commons And although neither any thing of this which hath preceeded nor any Copy of the Writ sent to each Sheriff be at all inserted into the Original Journal-Book of the House of Commons yet as I have supplied that matter which preceedeth according to the form therof which was at this time used and hath been since continued so I have thought it not amiss once for all to add here also the Copy of the Writ at this time sent forth which hath since received no alteration and was as followeth Elizabetha Dei gratiâ Angl. Franc. Hib. Regina fidei defensor Ambrosio Jermyn Militi Vicecomiti Norff. Suff. salutem Quia de avisamento assensu Concilii nostri pro quibusdam arduis urgentibus negotiis Nos statum defensionem regni nostri Angl. Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westm. Vicesimo tertio die Januarii prox futur teneri ordinavimus ibidem cum Praelatis Magnatibus Proceribus dicti Regni nostri Colloquium habere tract Tibi praecipimus firmiter injungentes quod fact â Proclamat in prox Comitat. tuo post receptionem hujus brevis nostri tenend die loco praedict duos Milites gladiis cinct magis idoneos discretos Comit. praedict de qualibet Civitate Com. illius duos Cives de quolibet Burgo duos Burgenses de discretior magis sufficientibus libere indifferenter per illos qui Proclam hujusmodi interfuer juxta formam statutarum inde edit provis legi nomina corundum Milit. Civium Burgensium sic electorum in quibusdam indentur inter te illos qui hujusmodi electioni interfuer inde conficiend sive hujusmodi elect praesentes fuerint vel absentes inseri eosque ad dict diem locum venire fac ita quod iidem Milites plenam sufficientem potestatem pro se Communitate Comit. praedicti ac dict Cives Burgenses pro se Communitat Civitatum Burgorum praedictorum divisim ab ipsis habeant ad faciendum consentiendum his quae tunc ibidem de Communi Concilio dicti regni nostri favente Deo contigerint ordinari super Negotiis antedictis it a quod pro defectu potestatis hujusmodi seu propter improvidam electionem Milit. Civium aut Burgensium praedictorum dicta Negotia infecta non remaneant quovismodo Nolumus autem quod tu nec aliquis alius Vic. dicti regni nostri aliqualiter sit electus Et Electionem illam in pleno Comitatu factam distincte aperte sub sigillo tuo sigillis corum qui electioni illi interfuerint Nobis in Cancellar nostram ad dict diem locum certifices indilate remittens nobis alteram partem Indenturarum praedictarum praesentibus consut una cum hoc breve Teste meipsa apud Westmonasterium Quinto die Decembris Anno Regni nostri Primo Nota That this is not the direct Copy of any Writ that I saw sent at this very time but only applied to this time according to the usual form of a like Writ which also doth serve to discover all the Writs sent to the several Sheriffs of England differing only from this in the name of the Sheriff and County And in the said Writ foregoing it is to be noted that the words Supremum Caput Ecclesiae Anglicanae were wanting which had been omitted also in the foregoing Parliament of her Sister Mary which notwithstanding it was afterwards agreed in the House on Friday the third day of Feb. following that the Writs of Summons were well sent forth and returned and that the Parliament ought to hold accordingly In the Antient Writ also of Summons the cause of the Assembling of the Parliament was expressed which at this day is not Neither was there then any such clause in the Writ as in this foregoing doth appear viz. Nolumus autem quod tu nec aliquis alius Vicecomes dicti regni nostri aliqualiter sit Electus By reason of which words some have conceived that the Sheriff of any County ought not to be Elected or admitted a Member of the House of Commons But to this it may first be truly answered that these words were primarily inserted into the said Writ by virtue of an Ordinance only made to that end upon some special Occasion in the Parliament held in an 46 Regis Ed. 3. as appears in the Parliament Roll of that Year numero 13. remaining with divers others in the Tower of London By which said Ordinance also Lawyers were as well excluded as Sheriffs Secondly the constant practice in most times since doth sufficiently prove of how little validity the said Ordinance of Parliament was conceived to have been for the debarring of the said Sheriffs from being Members of the House of Commons For the proof whereof I have only vouched such as fell out during her Majesties Reign viz. in an 27 Regin Eliz. Decemb. 21. Tuesday Ed. Leigh Esq being returned and admitted into the House of Commons as one of the Knights for the County of Stafford was afterwards Elected to be Sheriff of the same Shire In like manner Feb. the 23. Tuesday Sir Edward Dimock Knight was both Sheriff of the County of Lincoln and a Member of the House of Commons as
Majesties coming to the Upper House The manner of calling the Names of the Knights Citizens and Burgesses in former times did much differ from that which is used at this day as appears by the Parliament Rolls in the Tower for in an 7 R. 2. the Knights and Burgesses were called by name in presence of the King which shews they staid without till then And in an 2 H. 4. an 4 H. 4. they were called by name in the Chancery at Westminster-Hall before the Chancellor and the Steward of the Kings House And in an 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber in presence of the Steward of the Kings House as the manner is Only one President differs from all the latter which is found in the Original Journal-Book of the Upper House de Anno 33 H. 8. where the Duke of Suffolk Lord Steward commanded the Clerk of the Parliament to read the Names of the Commons unto which every one answered they being all in the Upper House below the Bar and then the King came But at this day they are called by their names by the Clerk of the Crown in presence of the Lord Steward in the Court of Requests and now since the first Year of Queen Eliz. and from the fifth the Knights Citizens and Burgesses of the House of Commons as hath been before observed do take the Oath of Supremacy and since the seventh of King James they take the Oath of Allegiance also which the Lord Steward administers to some and appoints certain of them his Deputies to give the same unto the rest 7 Jac. cap. 6. These passages touching the Antient and Modern calling of the Knights Citizens and Burgesses of the House of Commons being not at all touched in the Original Journal-Book of the same House but supplied from other Authority now follows the residue of this days passages out of the foresaid Journal-Book with some Additions Upon the already named 25 th day of January her Majesty came to the Parliament Chamber commonly called the Upper House and being there set and attended by Sir Nicholas Bacon Lord Keeper and divers Lords Spiritual and Temporal in their Parliament Robes the House of Commons had notice thereof and repaired thither And being as many as conveniently could let in and silence made the Lord Keeper of the Great Seal after an Excellent Oration by him made containing the urgent causes for the Calling of this Parliament declared the Queens pleasure to be that the Commons should repair to their accustomed place and there to chuse their Speaker Whereupon the Knights Citizens and Burgesses departing to their own House did there take their several places and most remaining silent or speaking very submissively M r Treasurer of the Queens House standing up uncovered did first put the House in remembrance of the Lord Keepers late Speech and of his Declaration of her Majesties pleasure that they should chuse a Speaker and therefore in humble Obedience to her Majesties said pleasure seeing others remain silent he thought it his Duty to take that occasion to commend to their Choice Sir Thomas Gargrave Knight one of the Honourable Council in the North Parts a worthy Member of the House and Learned in the Laws of this Realm By which Commendations of his of the aforesaid worthy Member of the House to their Consideration he said he did not intend to debar any other there present from uttering their free opinions and nominating any other whom they thought to be more fitting and therefore desired them to make known their opinions who thereupon did with one consent and voice allow and approve of M r Treasurers nomination and Elected the said Sir Thomas Gargrave to be the Prolocutor or Speaker of the said House The said Sir Thomas Gargrave being thus Elected Speaker after a good pause made stood up uncovered and having in all humility disabled himself as being unfurnisht with that Experience and other qualities which were required for the undertaking and undergoing of so great a Charge did conclude with an humble Request to the House to proceed to the New Election of some other more able and worthy Member amongst them But the House still calling upon him to take his place of M r Speaker the before-mentioned M r Treasurer and M r Comptroller of her Majesties Houshold as may very well be gathered did rise from their places and going unto the said Sir Thomas Gargrave unto the place where he sate did each of them take him one by the right Arm and the other by the left and led him to the Chair at the upper end of the House of Commons and there placed him where having sate a while covered he arose and so standing bare-headed he returned his humble Thanks unto the whole House for their good opinion of him promising his best and uttermost endeavour for the faithful discharge of that weighty place to which they had Elected him And soon after M r Treasurer and M r Comptroller repaired to the Queen to know her Highnesses pleasure when M r Speaker should be presented to her Majesty for Confirmation of this Election and soon after they returned shewing her pleasure was that to be done on Saturday next at one of the Clock in the Afternoon Here it shall not be amiss to add somewhat touching the Election of the Speaker which because I find it ready penn'd to my hand in that elaborate MS. Intituled Modus tenendi Parliamentum apud Anglos Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. § 1. 2. Therefore I shall without any great alteration here add it in the next place and first touching the Antiquity of the Speaker it is most likely that he began to be when the House of Commons first sate For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana that in the Parliament de an 44 H. 3. The House of Commons had then a Speaker For there Pope Alexander labouring to have Adomar the Elect Bishop of Winchester recalled from banishment the Answer of the Parliament was as followeth viz. Si Dominus Rex Regni majores hoc vellent communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret Which is Signed and Sealed by all the Lords and by Petrus de Mountefortivice communitatis which shews plainly that he was thire Speaker for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown Parl. an 7 8 H. 4. But it is true that the first Speaker who is directly named in Record was in the Parliament Rolls in the Tower de an 51 E. 3. N. 87. The last day of the Parliament saith the Records Sir Thomas Hungerford Knight Speaker declared to the Lords that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament And that
Mountague and Viscount Hereford present Then the Earls but nineteen present the Earl of Hertford the Earl of Pembroke Bedford Southampton Warwick Bath Huntington Sussex Cumberland Rutland Worcester Darby Shrewsbury Westmoreland Northumberland Oxford and Arundel their Robes of Scarlet with their Rows of Miniver Then the Marquess of Winchester but now as Lord Treasurer and the Marquess of Northampton the Duke of Norfolk went as Earl Marshal Then the Lord Keepers Serjeant and Seal and after Sir Nicholas Bacon Lord Keeper of the Great Seal in his Gown Here Clarenceux and Norroy Then the Queens Serjeant at Arms and after Garter Then the Duke of Norfolk with the gilt Rod as Marshal the Lord Treasurer with the Cap of Estate and the Earl of Worcester with the Sword Then the Queens Majesty on Horseback a little behind the Lord Chamberlain and Vice-Chamberlain her Grace Apparelled in her Mantle opened before furr'd with Ermines and her Kirtle of Crimson Velvet close before and close Sleeves but the Hands turned up with Ermines and a Hood hanging low round about her Neck of Ermins Over all a rich Coller set with Stones and other Jewels and on her Head a rich Caul And the next after Her the Lord Robert Dudley Master of the Horse leading the spare Horse And after all other Ladies two and two in their Ordinary Apparel By side the Queen went her Footmen and along on either side of her went the Pensioners with their Axes after the Ladies followed the Captain of the Guard Sir William St. Loe and after him the Guard In which Order Her Majesty proceeded to the North Door of the Church of Westminster where the Dean there and the Dean of the Chappel met her and the whole Chappel in Copes and S t Edwards Staff with the Inlet in the top was delivered unto her her Arm for the bearing thereof assisted by the Baron of Hunsdon the Canopy born over her by Charles Howard Esq Sir George Howard Sir Richard Blunt Sir Ed. Warner Sir John Perrott and Sir William Fitz-Williams Knights her Graces Train born up and assisted for the weight thereof from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain and so orderly proceeded to the Travers beside the Table of Administration Although other Princes have used to be placed in the Quire till the Offering but not now because there was neither Communion nor Offering and so she being placed all the Lords sate down on Forms besides the Travers the Spiritualty on the North side and the Temporalty on the South side the Sword and the Cap of Estate laid down on the Table Then the Quire sung the English Procession which ended M r Noell Dean of Pauls began his Sermon and first made his Prayer orderly for the Queens Majesty and the Universal Church and especially for that Honourable Assembly of three Estates there present that they might make such Laws as should be to Gods Glory and the good of the Realm The Sermon being ended and a Psalm sung her Majesty and the rest orderly on foot proceeded out of the South Door where she delivered the Dean the Scepter and so proceeded into the Parliament Chamber where the Queen stayed a while in her Privy Chamber till all the Lords and others were placed and then her Highness came forth and went and fate her down in her Royal Place and Chair of Estate the Sword and Cap of Maintenance born before her and when she stood up her Mantle was assisted and born up from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain The Lord Keeper sate alone upon the uppermost Sack until the Queen was sate and then went and stood without the Rail on the right hand the Cloth of Estate and the Lord Treasurer holding the Cap of Estate on the right hand before the Queen Garter standing by him and on the left hand standing the Earl of Worcester with the Sword and by him the Lord Chamberlain The Duke of Norfolk began the first Form and the Viscount Mountague for that the Viscount Bindon was not there ended it The Lord Clinton the Lord Admiral began the Form behind that of Barons and the Lord St. John of Bletsoe ended it The Archbishop of Canterbury began the Bishops Form and the Bishop of Glocester ended the same On the Woolsack on the right hand and Northside sate Sir Robert Catlin and Sir James Dyer Chief Justices Sir William Peter Anthony Browne Corbett Weston and M r Gerrard the Queens Attorney On the Sack on the left hand and Southside sate Sir William Cordall Master of the Rolls Sir Edward Saunders Chief Baron Justice Widdon Serjeant Carus and M r Russell the Queens Sollicitor and at their Backs sate Sir Richard Read Doctor Yale and Doctor Vaughan On the other Sack sate Doctor Huicke Spilman Clerk of the Parliament and M r Martin Clerk of the Crown and behind them kneeled M r 〈◊〉 Allen Dyeter Nicasius Cliffe and Permitter At the side hand of the Queen sate on the ground three or four Ladies and no more and at the back of the Rail behind the Cloth of Estate kneeled the Earls of Oxford and Rutland under Age the Earl of Desmond the Lord Roos the Lord Herbert of Cardiffe and divers other Noblemens Sons and Heirs Nota That these foregoing passages touching the solemn manner of her Majesties coming to the Upper House are not at all found in the Original Journal-Book of the same but are transcribed out of a written Copy or memorial of them I had by me as doth also the Lord Keepers Speech follow out of the same in the next place The Queens Majesty being set as aforesaid under the Cloth of Estate the House of Commons had notice thereof and thereupon the Knights Citizens and Burgesses of the same repaired to the Upper House and being as many as conveniently could let in she Commanded Sir Nicholas Bacon the Lord Keeper to open the cause of Calling and Assembling this Parliament who thereupon spake as followeth My Lords and others of this Honourable Assembly YOU shall understand that my most Dread and Sovereign Lady the Queens Majesty here present hath Commanded me to declare the occasion of this Assembly which I am not able but unmeet to do as it ought to be done among such a noble wise and discreet Company Howbeit knowing the Experience of her Majesty bearing with such as do their good wills and your Honours Patience in bearing with me in the like afore this time it encourageth me the better herein not doubting of the like at this present Therefore my Lords the occasion is that necessary matters be provided for propounded and scanned and after agreed upon and ended which afterwards shall remain and continue which matters in my Judgment may well be divided into two parts one touching Religion for the setting forth of Gods Honour and Glory and the other concerning Policy for the Common-Wealth as
President on the day following A motion was made by a Burgess for a Subsidy The Queens Serjeant and Attorney brought a Bill from the Lords touching the Garrison of Barwick An Excellent Declaration was this day made by M r Secretary Cecill of the great Charges defrayed by the Queens Majesty and of the Causes of the Wars in France for not keeping the Edict there made by the Parliament and also touching the Charges at Barwicke and New-haven the Provision of Armour and the Navy the Cavillation of the French for Callice concluding to consider for the Aid The Bill lastly for the Government of the Garrison and Souldiers of Barwick was read the first time On Thursday the 21. day of January For that it is said that M r Elrington hath interest in the Iron-Mill in the Town of Shere in Surrey whereas the Bill is to put down the same It was resolved that M r Speaker should direct his Letter to him in the name of the House to come and shew if he will for saving his Estate therein Vide touching this business on Saturday the 30. day of this Instant January ensuing The Bill against breaking of Ponds and Stealing of Fish and Conies was read the first time A like Letter was sent also to the Heir of Walter Herenden for the Lands claimed by M r Barty and the Duchess of Suffolk The Bill to revive divers Acts to be Felony M r Sidney By which manner of Entring the Title of the said Bill it may plainly be collected that the Bill it self had at this time its second reading and was thereupon committed to M r Sidney aforesaid to whom it seemeth the Bill was delivered and others whose names are omitted The Queens Serjeant and others brought a Bill from the Lords touching the Repeal of a branch for conveying of Horses which Bill was presently read the first time On Friday the 22 th day of January M r Elrington Owner of the Iron-Mill in Shere for the suppressing of which a Bill was put into this House desired a Copy of the Bill and a day to Answer with his learned Counsel two in number and to bring his Answer on Friday next Three Bills of no great moment had each of them one reading of which the second being the Bill against carrying of Horses out of the Realm was secundâ vice lect but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent down from the Lords And the last being the Bill for the Government of the Garrison and Souldiers of Barwick was read the second time and as it should seem was committed to M r Fitz-Chamberlain mistaken for M r Vice-Chamberlain and others Vide a like President on Thursday the 21 th day of this instant January foregoing For that Burgesses be returned of divers Boroughs not lately returned in the Chancery viz. the Burgess of Tregony S t Jermynes and Maws in Cornwall the Borough of Minked in Somersetshire the Borough of Tamworth in Stafford and the Borough of Stankbridge in Southampton M r Speaker declared to the House that the Lord Steward agreed they should resort into the House and with convenient speed to shew Letters Patents why they be returned into this Parliament Nota That it was very common and ordinary in former times to avoid the Charges of their Burgesses allowance in time of Parliament when the Town grew into any poverty or decay that the Boroughs did either get Licence of the Sovereign for the time being to be discharged from such Election and Attendance or did by degrees discontinue it themselves but of later times the Knights Citizens and Burgesses of the House of Commons for the most part bearing their own Charges many of those Borough-Towns who had discontinued their former priviledge by not sending did again recontinue it as these Towns here both during her Majesties Reign and afterwards in the Reign of King James her Successor On Saturday the 23 th day of January Three Bills had each of them one reading of which the third being the Bill for levying of Fines in the County Palatine of Durham was read the second time and Ordered to be engrossed The Bill to repeal the branch for carrying of Horses out of the Realm was read the third time and passed upon the Question Three other Bills had each of them one reading of which the last being the Bill to avoid Aliens not being Denizens nor being here for Religion nor Conscience sake was upon the second reading rejected and the Bill torn On Monday the 25 th day of January Two Bills of no great moment had each of them one reading of which the first being the Bill for Oak-Timber preservation of Bark was read the second time and thereupon rejected and torn Certain Articles in writing were objected by the Burgesses of Barwick against the Bill of Barwick which was sent down by the Lords For that Lewes Mountgomery Esq is returned Burgess for Northampton and also for Dorchester and doth appear for Northampton a new Writ de Burgens eligendo was required for Dorchester The Queens Council with twenty four of the Shires and fix of Wales were appointed on Wednesday next to meet in the Star-Chamber for Order to be taken concerning the Subsidy On Tuesday the 26 th day of January Two Bills had each of them one reading of which the second being the Bill that Apothecaries and their Stuff shall be under the search of the Colledge of Physicians was read the first time A Petition devised by the Committees who were appointed on Tuesday the 19 th day of this instant January foregoing although their names be wholly omitted through the Clerks negligence to be made to the Queens Majesty by M r Speaker for limitation of Succession was read by M r Norton one of the Committees And thereupon the Queens Privy-Council were required to move her Majesty that M r Speaker with the whole House may exhibit to her Highness that Petition and to certifie her Highness pleasure Vide touching this business on Thursday the 28 th day of this instant January ensuing in Pomeridiano The Bill touching carrying of Horses out of the Realm was sent up to the Lords by M r Comptroller with a request to the Lords to further the Petition of this House to the Queens Majesty touching Marriage and Succession which was well allowed of by the Lords Vide on Thursday the 28 th day of this instant January following For that Francis Walsinghaw returned Burgess for Linn in Dorsetshire and for Banbury in Oxfordshire doth appear for Linne a new Writ de Burgens eligend was required for Banbury On Wednesday the 27 th day of January the Bill touching Curriers to buy Tann'd-Leather to work and sell it was read the second time and as it should seem was committed to Mr. Crosts and others not named Vide a like President on Thursday the 21 th day of this instant January foregoing Mr. Comptroller with
the rest of the Council declared that the Queens Majesty would receive the Petition to Morrow in the Afternoon at the Palace by Mr. Speaker with the whole House of which see more on the day immediately ensuing Mr. Comptroller with the Committees for the Bill of Subsidy were appointed to meet this Afternoon in the Star-Chamber On Thursday the 28 th day of January the Bill for Badgers of Corn to be bound by Recognizance in the open Sessions was read the first time Post Meridiem In the Afternoon Mr. Speaker with the whole House with a Notable Oration did exhibit their Petition to the Queens Majesty in the Gallery at the Palace touching Marriage and Succession which her Highness thankfully accepted with an Excellent Oration deferring the Answer to further time for the gravity of the Cases What further Answer her Majesty gave may be seen on Thursday the 16 th day of February ensuing and on Saturday the 10 th day of April postea But as touching the Petition delivered to her Majesty this Afternoon by the whole House from the Mouth of Mr. Speaker it is not at all contained in the Original Journal-Book of the House of Commons and therefore having a Copy of it by me which I do gather by all concurring circumstances to be the very same here mentioned both in respect of the time and matter I have caused it to be inserted at large I am not ignorant that in divers Copies of this Speech another Petition also is joined with it as preferr'd likewise by the Lords to her Majesty at this time for the same Causes which in truth happened not until the second Session of this Parliament following Anno 8 9 Regin Elizabethae neither shall it be needful to make any further demonstration thereof in this place having so fully cleared it in the Upper House Journal at that aforesaid second Session ensuing upon Tuesday the 5 th day of November and now followeth the Copy of the above-mentioned Petition at this time preferr'd as aforesaid Your Commons in this your Majesties present Parliament Assembled most High and Mighty Princess our most Dread Sovereign Lady as they do daily to their Commodity and Comfort feel and receive the inestimable benefits of your most Gracious Government of this your Realm in Peace and Surety so do also most thankfully acknowledge the same beseeching Almighty God long to bless and continue your most prosperous Reign over them And among all these benefits which they daily receive of your Highness they have at this time willed me in their names to recognize unto your Highness that they account it not the least but rather among the greatest of them all That your Majesty hath at this time Assembled your Parliament for supplying and redressing the greatest wants and defaults in your Common-Weal and for the establishing the surety of the same which your Majesties most gracious meaning hath been at your Commandment signified unto us by the Right Honourable the Lord Keeper of your Great Seal of England namely in this that he willed us first to have consideration of the greatest matters that nearest touch'd the State of the Realm and the preservation thereof seeming therein also to express unto us the Conformity of your Majesties mind in having principal respect to the matters of greatest weight and for that respect Assembling this your Parliament And for asmuch as your said Subjects see nothing in this whole Estate of so great importance to your Majesty and the whole Realm nor so necessary at this time to be reduced to certainty as the sure continuance of the Government of the Imperial Crown thereof and the most honourable Issue of your Body which Almighty God send us to your Highness Comfort and for want thereof in some certain limitation to guide the Obedience of our Posterity And where Almighty God to our great Terror and dreadful Warning lately touched your Highness with some danger of your most Noble Person by Sickness from which so soon as your Grace was by Gods favour and mercy to us recovered your Highness sent out your Writs of Parliament by force whereof your Subjects are at this time Assembled your said Subjects are both by the necessity and importance of the matter and by the convenience of the time of Calling them immediately upon your recovery enforced to gather and confess that your Majesty of your most Gracious and Motherly Care for them and their Posterity have Summoned this Parliament principally for establishing of some certain limitation of the Imperial Crown of your Realm for preservation of your Subjects from certain and utter destruction if the same should not be provided in your Life which God long continue They cannot I say but acknowledge your Majesty hath most graciously considered the great dangers the unspeakable miseries of civil Wars the perillous and intermingling of Foreign Princes with seditious ambitious and factious Subjects at home the waste of noble Houses the slaughter of People subversions of Towns intermission of all things pertaining to the maintenance of the Realm unsurety of all mens Possessions Lives and Estates daily interchange of Attainders and Treasons All these mischiefs and infinite others most likely and evident if your Majesty should be taken from us without known Heir which God forbid to fall upon your Subjects to the utter subversion of the whole whereof you have Charge under God If good provision should not be had in this behalf Your Majesty hath weighed the Examples of Foreign Nations as what ensued the Death of Great Alexander when for want of certain Heirs by him begotten or appointed the variety of Titles the diversity of Dispositions in them that had Titles the ambition of them that under colour of doubtfulness of Titles forsook all obedience of Titles destroyed his Dominions and wasted Posterity with mutual Wars and Slaughters In what miserable Case also was this Realm it self when the Title of the Crown was tossed in question between the two Royal Houses of Lancaster and York till your most Noble Progenitors Henry the Seventh and the Lady Elizabeth his Wife restored it to a setled Unity and left the Crown in a certain course of Succession These things as your Majesty hath upon your own danger most graciously considered for our Comfort and Safety so we most humble Subjects knowing the preservation of our selves and all our Posterity to depend upon the safety of your Majesties most Royal Person have most carefully and diligently considered how the want of Heirs of your Body and certain limitation of Succession after you is most perillous to your Highness whom God long preserve amongst us We have been admonished of the great malice of your Foreign Enemies which even in your Life-time have sought to transfer the Dignity and Right of your Crown to a Stranger we have noted their daily most dangerous practices against your Life and Reign We have heard of some Subjects of this Land most unnaturally confederated with your Enemies to
with great care and charge to your Self And thus my Lords diversly bound as your Majesty hath heard are now to open to your Highness their humble Petitions and Suits consisting in two points chiefly which not sundrily or the one without the other but both jointly they desire your Highness to assent to The Former is that it would please your Majesty to dispose your self to Marry where it shall please you with whom it shall please you and as soon as it shall please you The second that some such limitation might be made how the Imperial Crown of this Realm should remain if God call your Highness without Heirs of your Body which our Lord defend so as these Lords and Nobles and other your Subjects then living might sufficiently understand to whom they should owe their Allegiance and Duty due to be done by Subjects and that they might by your Majesties Licence and with your Favour treat and confer together this Parliament time for the well-doing of this The former of these two which is your Marriage they do in their hearts most earnestly wish and pray as a thing that must needs breed and bring great and singular comfort to your Self and unspeakable joy and gladness to all true English Hearts But the second carrieth with it such necessity that without it they cannot see how the safety of your Royal Person the preservation of your Imperial Crown and Realm shall be or can be sufficiently and certainly provided for Most Gracious and Soveraign Lady The Lamentable and pitiful Estate and Condition wherein all your Nobles and Councellors of late were when it pleas'd God to lay his heavy hand upon you and the amazedness that most men of understanding were by the Fruit of that Sickness brought into is one cause of this their Petition The second the aptness and opportunity of the time by reason of this Parliament whereby both such advice consideration and consent as is requisite in so great and weighty a cause may be better heard and used than at any other time when no Parliament is The third for that the assenting and performing of these Petitions cannot as they think but breed great terror to our Enemies and therefore must of necessity bring great surety to your Person and especially by addition of such Laws as may be joined with this limitation for the certain and sure observing of it and preserving of your Majesty against all practices and chances The fourth Cause for that the like as it is supposed hath been done by divers of your Noble Progenitors both of old time and of late days and also by other Princes your Neighbours of the greatest Estate in Europe and for that Experience hath taught that good hath come of it The fifth for that it appeareth by Histories how that in times past persons Inheritable to Crowns being Votaries and Religious to avoid such dangers as might have hapned for want of Succession to Kingdoms have left their Vows and Monasteries and taken themselves to Marriage as Constantia a Nun Heir to the Kingdom of Sicily Married after fifty Years of Age to Henry the Sixth Emperour of that name and had Issue Frederick the Second And likewise Peter of Aragon being a Monk Married the better to establish and pacify that Kingdom Again Antonius Pius is as much commended for that not two days before his Death he said to his Council Laeto animo morior quoniam filium vobis relinquo Pyrrhus is of all Godly men detested for saying he would leave his Realm to him that had the sharpest Sword What but want of a Successor known made an end of so great an Empire as Alexander the Great did leave at his Death The sixth cause is for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods Lands and Lives in your Service according to their bounden Duties which of necessity must breed great surety also to your Majesty The seventh cause because the not doing of this if God should call your Highness without Heir of your Body which God grant never be seen if it be his Will and yet your Majesty right well knoweth that Princes and their Off-spring be they never so great never so strong never so like to live be yet Mortal and subject every day yea every hour to Gods Call my Lords think this happening and no limitation made cannot by their Judgments but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm by the Factions Seditions and Intestine War that will grow through want of understanding to whom they should yield Allegiance and Duty whereby much innocent blood is like to be shed and many of those to lose their Lives that now would gladly bestow them for your sake in your Majesties Service The eighth for that the not performing of this the other happening doth leave the Realm without Government which is the greatest danger than can happen to any Kingdom For every Prince is anima Legis and so reputed in Law and therefore upon the Death of Princes the Law dyeth all the Offices of Justice whereby the Laws are to be Executed do cease all Writs and Commandments to call parties to the Execution of Justice do hang in suspence all Commissions for the Peace and for the punishment of Offendors do determine and lose their force whereby it followeth consequently that Strength and Will must Rule and neither Law nor Reason during such a Vacation and inter-Reign wherein such an incertainty ofSuccession is like to last so long as it is to be feared if Gods mercy be not the greater that thereby we may become a prey to Strangers which our Lord defend or at least lose the great honour and estimation that long time hath pertained to us And like as most Gracious Soveraign my Lords have been moved for the Worldly respect aforesaid to make these their humble Petitions to your Majesty so by the Examples Counsels yea and Commandments that they have heard out of the sacred Scriptures and for Conscience sake they feel themselves constrained and enforced to do the like God your Highness knoweth by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life and on the contrary he hath pronounced contrary wise and therefore Abraham pray'd to God for Issue fearing that Eliazar his Steward should have been his Heir and had promise that Kings should proceed of his Body Hannah the Mother of Samuel pray'd to God with tears for Issue And Elizabeth whose name your Majesty beareth Mother to John the Baptist was joyful when God had blessed her with Fruit accounting her self thereby to be delivered from reproach And as this is a blessing in private Houses so is it much
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
and Authorize the said Sir Francis Knolles Sir James Crofts Sir Ralph Sadler Sir Walter Mildmay and Sir Thomas Smith Knights to be his Deputies for and in the ministring of the Oath to all and singular the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of the Ports returned and to be returned for that present Parliament according to the form of the Statute in that behalf then lately made and provided And immediately thereupon the faid Lord Steward and his Deputies did then and there Minister the said Oath to all such of the said Knights Citizens Burgesses and Barons as were then present accordingly Which done the Sermon ended and the Queens Majesty sat in her Royal Seat in the Upper House of Parliament the Commons standing at the lower end of the Chamber the Lord Keeper of the Great Seal of England learnedly and briefly declared the Causes of Calling the said Parliament and so in the end willed them to repair into their House and there after their accustomed manner to chuse of themselves an apt and fit man to be their Speaker and to present him to the Queens Majesty on the Wednesday next following in the Afternoon Whereupon the said Commons immediately resorted to their Common House and being there Assembled the Right Worshipful M r Christopher Wray Esq one of the Queens Majesties Serjeants at Law was by the first motion and nomination of the said M r Treasurer with one voice of the said whole House Chosen to be Speaker and placed in the Chair notwithstanding his Allegations of disabling himself and humble request for their proceeding to a new Election On Wednesday the 4 th day of April in the Afternoon Christopher Wray Esquire one of the Queens Majesties Serjeants at Law the Speaker Elect of the House of Commons was presented unto her Highness who sitting in her Royal Seat and allowing and affirming the Election after his Oration made and ordinary Petitions granted the said Lord Keeper willed him with the residue to repair to the House of Commons there to deliberate and consult upon the making of such good and wholesome Laws as might tend to the advancement of Gods Glory and preservation and safety of the Queens Majesty and the Common-Wealth of this Realm of England And thereupon the said M r Speaker and the Knights Citizens and Burgesses of the House of Commons returned back unto their own House and being there sat one Bill according to the usual Course had its first reading which was The Bill concerning coming to Church and receiving the Communion It was this day finally agreed upon the Motion of M r Speaker that the Letany should be read every day in the House during this Parliament as in the last was used and also a Prayer by M r Speaker such as he should think fittest for this time to be begun every day at half an hour after eight of the Clock in the Morning and that each one of this House then making default should forfeit every time four pence to the poor Mans Box. On Thursday the 5 th day of April Thomas Clark and Anthony Bull of the Inner-Temple London Gentlemen were by this House committed to the Serjeants Ward until further order should be taken with them for that they presumed to enter into this House and were no Members of the same as themselves at the Bar confessed This day the House was called and thereupon Edward Lewkenor John Bullock Nicholas Plumtree Edward Goodwyn and John Garnons were Commanded to attend the order of this House to Morrow next for that the House being this day called they had entred into the House and had not as them been returned by the Clerk of the Crown except Garnons whose Case is for that he is said to be Excommunicate On Friday the 6 th day of April It was Ordered that the Burgesses for Estringsted shall remain according to the return This day M r Treasurer M r Serjeant Manwood Geffrie and Lovelace M r Feltman M r Bell and M r Mounson were appointed to confer with M r Attorney and M r Sollicitor about the return of the Burgesses following for that the same Towns returned no Burgesses the last Parliament viz. Cornwall the Boroughs of Estlow Fowley Gloucestershire the Borough of Chichester Nottinghamshire the Borough of Easiretford Kent the Borough of Queenborough Oxfordshire the Borough of Woodstock Hampshire the Borough of Christ-Church Suffolk the Boroughs of Aldburgh Eye And to meet to Morrow in the Afternoon at three of the Clock in M r Treasurers Chamber at the Court. Nota That these ensuing Speeches are taken out of the before-mentioned Anonymous Journal M r Strickland a grave and ancient Man of Great Zeal stood up and made a long Discourse tending to the remembrance of Gods Goodness giving unto us the light of his Word together with the gracious disposition of her Majesty by whom as by his Instrument God hath wrought so great things and blaming our slackness and carelesness in not esteeming and following the time and blessing offered but still as men not sufficiently instructed what is truth or so that we think it not convenient to publish and profess it openly and that all reproachful Speeches of the slanderous might be stopped the draw-backs brought forward and the Over-runners such as over-run and exceed the rule of the Law reduced to a certainty he thought it Operae pretium to be occupied therein for which purpose he said the Professors of the Gospel in other Nations had writ and published to the World the Confession of their Faith as did those of Strasburgh and Franckford c. for which purpose also great Learned men in this Realm had travelled as Peter Martyr Paulus Fagius and others whose works hereupon were Extant And before this time and offer thereof was made in Parliament that it might be approved but either the slackness or somewhat else of some men in that time was the lett thereof or what else he said he would not say This Book he said rested in the Custody of M r Norton as he guessed a man neither ill disposed to Religion nor a negligent Keeper of such matters of Charge and thereupon requested that M r Norton might be required to produce the same he added also that after so many Years as now by Gods Providence we had been learning the purity of Gods truth we should not permit for any cause of Policy or other pretence any errors in matters of Doctrine to continue amongst us And therefore said he although the Book of Common-Prayer is God be praised drawn very near to the sincerity of the truth yet are there some things inserted more superstitious than in so high matters be tolerable as namely in the Administration of the Sacrament of Baptism the sign of the Cross to be made with some Ceremonies and such other Errors all which he said might well be changed without note of chopping or changing of Religion whereby the Enemies might slander us
it being a Reformation not contrariant but directly pursuant to our Profession that is to have all things brought to the purity of the Primitive Church and institution of Christ. He spake at large of the abuses of the Church of England and of the Church-men as first that known Papists are admitted to have Ecclesiastical Government and great Livings that Godly honest and Learned Protestants have little or nothing That Boyes are dispensed with to have spiritual Promotions That by Friendship with the Master of the Faculties either unable men are qualified or some one man allowed to have too many several Livings Finally he concluded with Petition that by Authority of the House some convenient number of them might be assigned to have Conference with the Lords of the Spiritualty for consideration and reformation of the matters by him remembred Vide Apr. 26. Tuesday postea M r Norton a man wise bold and Eloquent stood up next and said he was not ignorant but had long since learned what it was to speak on a sudden or first before other men in Parliament Yet being occasioned by M r Strickland he said that truth it was he had a Book tending to the same effect but quoth he the Book was not drawn by those whom he named but by vertue of the Act of 32. at the assignation or by the Advice of eight Bishops eight Divines eight Civilians and eight temporal Lawyers who having in Charge to make Ecclesiastical Constitutions took in hand the same which was drawn by that Learned man M r Doctor Haddon and penned by that Learned Man M r Cheeke whereupon he said that consideration had been and some travel bestowed by M r Fox of late and that there was a Book newly Printed to be offered to that House which he did then and there presently shew forth And for the rest of M r Stricklands Motions he said he was of his mind chiefly for the avoiding and suppressing of Simoniacal Ingrossments Whereupon were appointed for that purpose for redress of sundry defections in those matters these following viz. All the Privy-Council being Members of this House Sir Henry Nevill Sir Thomas Thinne Sir Thomas Lucy Sir Henry Gate the Master of the Requests M r Heneage M r Recorder M r Bell M r Henry Knolles Sen. M r Mounson M r Norton M r Strickland M r Godier M r William More and M r Doctor Berkley These names being thus transcribed out of the Original Journal-Book of the House of Commons as were those two foregoing Speeches of M r Strickland and M r Norton out of that before-cited Anonymous Journal of the same House more particularly mentioned at the beginning of this present Journal now follow other passages of this day out of the same The Bill concerning coming to the Church and receiving the Communion was read the second time and thereupon Sir Thomas Smith speaking for the maintenance thereof argued and in part wished the Bishops to have consideration thereof After whom M r Fleetwood moved that the penalty of that Statute should not go to Promoters and said it was a device but of late brought in in the time of King Henry the Eighth the first year of his Reign and shewed the Evils and inconveniences that did grow by these mens doings wherein no reformation was sought but private gain to the most of men He said also that matter of going to the Church or for the service of God did directly appertain to that Court and that we all have as well learned this Lesson that there is a God who is to be served as have the Bishops And thereupon he undertook to prove by the old Laws vouched from King Edgar that the Princes in their Parliaments have made Ecclesiastical Constitutions as these That if any Servant shall work upon the Sabbath day by the Commandment of his Master he should be free if of himself he should be whipped if a Freeman should work he should be bound or grievously amerced Then he concluded upon request that it might be committed to some of the House without the Bishops who perhaps would be slow Sir Owen Hopton moved very orderly that the Presentation of such defaults should not only depend upon the relation of the Church Wardens who being for the most part simple and mean men and fearing to offend would rather incur danger of Perjury than displease some of their Neighbours he shewed for proof Experience It may be gathered by these foregoing Speeches transcribed out of that Anonymous Journal more particularly mentioned at the beginning of this present Journal that M r Fleetwood moved to have this Bill referred to Committees but their names being there omitted are therefore wholly transcribed out of the Original Journal-Book of the House of Commons in manner and form following viz. Sir Thomas Smith Sir Owen Hopton Sir Thomas Scot the Masters of the Requests M r Serjeant Manwood M r Serjeant Geoffry M r Fleetwood and M r Sands who were appointed to meet in the Star-Chamber at two of the Clock in the Afternoon The Bill for preservation of Woods was read the first time On Saturday the 7 th day of April the Bill concerning Religion was read and the first of the said Bills was delivered to the Commissioners and the residue read and appointed to remain in the House and this not to stand for any reading Vide what Bills these were on Tuesday May the 17 th ensuing It should seem that the first of these Bills here mentioned is that which is stiled the Bill A and the other Bills those which were then also offered to the House and thereupon referred to certain select Committees to be considered of before they were suffered to be read in the House which being admitted of this day was not allowed by the House for any reading but only as may very well be gathered for the said House it self to consider of them before they were further entertained But there can be no absolute certainty set down hereof in respect that through the negligence of Fulk Onslow Esq at this time Clerk of the House of Commons it is so confusedly or briefly set down although in the general it is very probable that this proceeding in Ecclesiastical matters with so much caution and deliberation was because they desired to give no occasion of distaste to her Majesty who ever for the most part shewed her self very averse to their intermedling with any thing concerning Church matters Now follow other of this days passages out of the before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal but it is fully discovered what these Bills were on May the 17 th Thursday ensuing M r Strickland first moved that M r Norton might be required to deliver such Books as he had M r Newdigate moved that where one of the causes for the Calling of the Parliament and perhaps the chiefest was for a Subsidy he thought it not amiss to make offer of a Subsidy
Merchants the Controversies which have ensued by this means amongst them and the subtile means whereby the Statute was procured without the consent of the Major or Commons by such as were put in Trust. M r Alford said that he might not speak of the Prerogative aptly for that he was not Learned in the Law but made some remembrance of what he had there seen concerning the Act of Parliament for Southampton where it appeareth that without an Act of Parliament her Majesties Letters Patents were not sufficient and therefore he prayed convenient consideration might be and that the same if it should so seem good to the House might be conjoined to the former and other Bill c. Then spake M r Cleere Sir Francis Knolles Sir Nicholas Arnold Sir Henry Norris and M r Christopher Yelverton of Grays-Inn severally to the said Bill whose Speeches being somewhat imperfectly and uncertainly set down in the before-mentioned Anonymous Journal are therefore omitted although from them and the residue foregoing the effect of this Bill may be Collected to have been for the Dissolution of certain Companies of Merchants in Bristol whom her Majesty had Incorporated by her Letters Patents and authorized them to Trade to certain places by which it was pretended that the publick and free trading of others was restrained and at last upon the Motion of M r Fleetwood That the Bill being of great weight might be further considered of by the House and the Committees be appointed at some other time it was thereupon Ordered that they should be appointed on the day following which was done accordingly Then was read the Bill for coming to Service but what reading it was appeareth not by the aforesaid Anonymous Journal nor by the Original Journal Book it self in which this said Bill is not at all mentioned but it should seem that it was the second reading because divers Speeches ensued thereupon which in respect that they concern a matter of so great moment are therefore transcribed out of the Anonymous Journal in manner and form following M r Snagg shewed at large the inconveniencies of the old Law for coming to Service for said he by the former Law it was Enacted that the Service shall not be said or Sacrament ministred in other sort than in the Book of Common-Prayer is prescribed he shewed how differently the same was used in many places from the prescribed Rule as where no part of those Prayers were observed but a Sermon and some such other Prayers only as the Minister shall think good in place thereof whereupon have great divisions discords and dislikes grown amongst and between great numbers And since it is Law that in this sort Service shall be used and that whosoever shall be at any other form of Service shall incur the penalty prescribed and that the Ministers neither do nor will do herein as they should and as is by the Law prescribed and commanded he thought the proceedings in this kind should occasion a Dilemma in mischief for by this Law if he come not he shall lose twelve pence and if he come and be present and the Service be not said according to the prescribed Rule of the Book he shall lose a hundred Marks M r Aglionby Burgess of the Town of Warwick moved the Law might be without exception or priviledge for any Gentlemen in their private Oratories this did he prove to be fit out of Plato his Laws and Cicero both prescribing for the observation of the Law an equality between the Prince and the poor Man not giving scope to the one above the other Also he remembred the Authority of Lactantius Firmianus making this only difference betwixt Man and Beast that all men do know and acknowledge that there is a God and in this respect there should be no difference between Man and Man Withall he said the more noble the Man the more good his Example may do He therefore concluded that for so much of the Law so the same might be general he was of good liking that it should pass But for the other matter concerning the receiving of the Communion he argued that it was not convenient to inforce Consciences And to that purpose he shewed the Authority of D rs which he vouched without quoting the place or sentence He said also that it was the Opinion of Fathers and Learned Men of this Land and therefore wished they might be consulted with Finally he concluded that bonae Leges è malis moribus proveniunt but no good Laws may make a good man fit to receive that great Ministry of God above This whole Speech he tempered with such discretion as in such Case was seemly And whatsoever he spake he spake the same under Correction M r Strickland standing up first prayed he might be excused for that he was to speak on a sudden and unprovided For the first He approved what M r Aglionby had said For the second he said he could not be of that mind and he vouched out of Esdras that the Church yea the Consciences of men were by the Prophet restrained withal he said Conscience might be free but not to disturb the common quiet He shewed the practice and doings of the Pope the banishment of the Arrians c. That the word of the Prince for lack of Law must not be tied The Israelites he said were constrained to eat the Pass-over And finally he concluded that it was no straitning of their Consciences but a Charge or loss of their Goods if they could not vouchsafe to be as they should be good men and true Christians M r Dalton reasoned to this effect that there could ensue no inconvenience by those two Laws which were intended to be contrary his reason was except the Service be according to the Law no man is bound to stay there no more than if he be bound to come and hear Service if there be no Service he is to forfeit his Bond. For Answer to M r Aglionby he said the matters of Conscience did not concern the Law-makers neither were they to regard the error curiosity or stiff-neckedness of the evil ignorant or froward persons For be it they did proceed orderly to the discharge of their own Consciences in making the Law let them care for the rest whom it behoveth He was of mind that Gentlemen should not be excepted for the causes aforesaid but he wished provision might be made for such as be imprisoned or cannot come for fear of Arrests He wished also that the Law might have continuance but till the end of the next Parliament These foregoing Speeches being thus transcribed out of that often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal and two other Speeches of M r Fleetwood and M r Popham of no great moment being omitted now follows some part of the next days passages out of the Original Journal-Book of the House of Commons On Thursday the 12 th day of April M r Comptroller upon
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
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
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
needful to put you in remembrance that this Honourable Assembly are Assembled and come together here in this place for three special Causes of most weighty and great importance The first and principal is to make and abrogate such Laws as may be most for the preservation of our noble Soveraign The second ..... The third is to make or abrogate such Laws as may be to the chiefest surety safe-keeping and enrichment of this noble Realm of England So that I do think that the part of a faithful-hearted Subject is to do his endeavour to remove all Stumbling-Blocks out of the way that may impair or any manner of way hinder these good and Godly Causes of this our coming together I was never of Parliament but the last and the last Session at both which times I saw the Liberty of free Speech the which is the only Salve to heal all the Sores of this Common-Wealth so much and so many ways infringed and so many abuses offered to this Honourable Council as hath much grieved me even of very Conscience and love to my Prince and State Wherefore to avoid the like I do think it expedient to open the Commodities that grow to the Prince and whole State by free Speech used in this place at the least so much as my simple Wit can gather of it the which is very little in respect of that that wise Heads can say therein and so it is of the more force First All matters that concern Gods Honour through free Speech shall be propagated here and set forward and all things that do hinder it removed repulsed and taken away Next there is nothing commodious profitable or any way beneficial for the Prince or State but faithful and loving Subjects will offer it in this place Thirdly All things discommodious perillous or hurtful to the Prince or State shall be prevented even so much as seemeth good to our merciful God to put into our minds the which no doubt shall be sufficient if we do earnestly call upon him and fear him for Solomon saith The fear of God is the beginning of Wisdom Wisdom saith he breatheth Life into her Children receiveth them that seek her and will go beside them in the way of Righteousness so that our minds shall be directed to all good needful and necessary things if we call upon God with faithful hearts Fourthly If the Envious do offer any thing hurtful or perillous to the Prince or State in this place what incommodity doth grow thereby Verily I think none nay will you have me to say my simple opinion therein much good cometh thereof how forsooth for by the darkness of the Night the brightness of the Sun sheweth more excellent and clear and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out for it is offered in this place a piece of fine Needle-work unto them that are most skilful therein for there cannot be a false stitch God aiding us but will be found out Fifthly This good cometh thereof a wicked purpose may the easier be prevented when it is known Sixthly An evil man can do the less harm when it is known Seventhly Sometime it happeneth that a good man will in this place for Argument sake prefer an evil cause both for that he would have a doubtful truth to be opened and manifested and also the evil prevented so that to this point I conclude that in this House which is termed a place of free Speech there is nothing so necessary for the preservation of the Prince and State as free Speech and without it is a scorn and mockery to call it a Parliament House for in truth it is none but a very School of Flattery and Dissimulation and so a fit place to serve the Devil and his Angels in and not to glorify God and benefit the Common-Wealth Now to the impediments thereof which by Gods Grace and my little Experience I will utter plainly and faithfully I will use the words of Elcha Behold I am as the new Wine which hath no vent and bursteth the new Vessels in funder therefore I will speak that I may have a vent I will open my Lips and make Answer I will regard no manner of Person no man will I spare for if I should go about to please men I know not how soon my Maker will take me away my Text is vehement the which by Gods sufferance I mean to observe hoping therewith to offend none for that of very Justice none ought to be offended for seeking to do good and saying of the truth Amongst other M r Speaker Two things do great hurt in this place of the which I do mean to speak the one is a rumour which runneth about the House and this it is take heed what you do the Queens Majesty liketh not such a matter whosoever prefereth it she will be offended with him or the contrary her Majesty liketh of such a matter whosoever speaketh against it she will be much offended with him The other sometimes a Message is brought into the House either of Commanding or Inhibiting very injurious to the freedom of Speech and Consultation I would to God M r Speaker that these two were Buried in Hell I mean rumours and Messages for wicked undoubtedly they are the reason is the Devil was the first Author of them from whom proceedeth nothing but wickedness now I will set down reasons to prove them wicked First If we be in hand with any thing for the advancement of Gods Glory were it not wicked to say the Queen liketh not of it or Commanded that we shall not deal in it greatly were these Speeches to her Majesties dishonour and an hard opinion were it M r Speaker that these things should enter into her Majesties thought much more wicked and unnatural were it that her Majesty should like or Command any thing against God or hurtful to her self and the State The Lord grant this thing may be far from her Majesties Heart Here this may be objected that if the Queens Majesty should have intelligence of any thing perillous or beneficial to her Majesties Person or the State would you not have her Majesty give knowledge thereof in this House whereby her peril may be prevented and her benefit provided for God forbid then were her Majesty in worse case than any of her Subjects And in the beginning of our Speech I shewed it to be a special Cause of our Assembly but my intent is that nothing should be done to Gods dishonour to her Majesties peril or the peril of the State And therefore I will shew the inconveniences that grow of these two First If we follow not the Princes mind Solomon saith the Kings displeasure is a Messenger of Death This is a terrible thing to weak nature for who is able to abide the fierce Countenance of his Prince but if we will discharge our Consciences and be true to God and Prince and
last Session shut out of Doors but what fell out of it forsooth his great indignation was therefore poured upon this House for he did put into the Queens Majesties Heart to refuse good and wholsome Laws for her own Preservation the which caused many faithful hearts for grief to burst out with sorrowful tears and moved all Papists Traytors to God and her Majesty who envy good Christian Government in their Sleeves to laugh all the whole Parliament House to scorn and shall I pass over this weighty matter so slightly Nay I will discharge my Conscience and Duties to God my Prince and Country So certain it is M r Speaker that none is without fault no not our Noble Queen sith then her Majesty hath committed great fault yea dangerous faults to her self Love even perfect love void of Dissimulation will not suffer me to hide them to her Majesties peril but to utter them to her Majesties Safety and these they are it is a dangerous thing in a Prince unkindly to abuse his or her Nobility and People and it is a dangerous thing in a Prince to oppose or bend her self against her Nobility and People yea against most loving and faithful Nobility and People And how could any Prince more unkindly intreat abuse oppose her self against her Nobility and People than her Majesty did the last Parliament did she not call it of purpose to prevent Traiterous perils to her Person and for no other Cause did not her Majesty send unto us two Bills willing us to make choice of that we liked best for her safety and thereof to make a Law promising her Majesties Royal Consent thereunto And did we not first chuse the one and her Majesty refused it yielding no reason nay yielding great reasons why she ought to have yielded to it Yet did we nevertheless receive the other and agreeing to make a Law thereof did not her Majesty in the end refuse all our Travels And did not we her Majesties faithful Nobility and Subjects plainly and openly decy pher our selves unto her Majesty and our hateful Enemies and hath not her Majesty left us all to the open revenge Is this a just recompence in our Christian Queen for our faithful dealings The Heathen do requite good for good then how much more is it to be expected in a Christian Prince And will not this her Majesties handling think you M r Speaker make cold dealing in any of her Majesties Subjects toward her again I fear it will And hath it not caused many already think you M r Speaker to seek a Salve for the Head that they have broken I fear it hath and many more will do the like if it be not prevented in time And hath it not marvellously rejoiced and encouraged the hollow hearts of her Majesties hateful Enemies and Traiterous Subjects no doubt but it hath And I beseech God that her Majesty may do all things that may grieve the hearts of her Enemies and may joy the hearts that unfeignedly love her Majesty And I beseech the same God to endue her Majesty with his Wisdom whereby she may discern faithful advice from traiterous sugared Speeches and to send her Majesty a melting yielding heart unto sound Counsel that Will may not stand for a Reason and then her Majesty will stand when her Enemies are fallen for no Estate can stand where the Prince will not be governed by advice And I doubt not but that some of her Majesties Counsel have dealt plainly and faithfully with her Majesty herein if any have let it be a sure token to her Majesty to know them for approved Subjects and whatsoever they be that did perswade her Majesty so unkindly to intreat abuse and to oppose her self against her Nobility and People or commend her Majesty for so doing let it be a sure token to her Majesty to know them for sure Traytors and Underminers of her Majesties Life and remove them out of her Majesties presence and favour for the more cunning they are the more dangerous are they unto her Majesty But was this all No for God would not vouchsafe that his Holy Spirit should all that Session descend upon our Bishops so that that Session nothing was done to the advancement of his Glory I have heard of old Parliament men that the Banishment of the Pope and Popery and the restoring of true Religion had their beginning from this House and not from the Bishops and I have heard that few Laws for Religion had their Foundation from them and I do surely think before God I speak it that the Bishops were the Cause of that doleful Message and I will shew you what moveth me so to think I was amongst others the last Parliament sent unto the Bishop of Canterbury for the Articles of Religion that then passed this House he asked us why we did put out of the Book the Articles for the Homilies Consecrating of Bishops and such like Surely Sir said I because we were so occupied in other matters that we had no time to examine them how they agreed with the word of God what said he surely you mistook the matter you will refer your selves wholly to us therein No by the Faith I bear to God said I we will pass nothing before we understand what it is for that were but to make you Popes make you Popes who list said I for we will make you none And sure M r Speaker the Speech seemed to me to be a Pope-like Speech and I fear lest our Bishops do attribute this of the Popes Canons unto themselves Papa non potest errare for surely if they did not they would reform things amiss and not to spurn against Gods People for writing therein as they do but I can tell them News they do but kick against the prick for undoubtedly they both have and do err and God will reveal his truth maugre the hearts of them and all his Enemie for great is the truth and it will prevail and to say the truth it is an Error to think that Gods Spirit is tied only to them for the Heavenly Spirit saith first seek the Kingdom of God and the Righteousness thereof and all these things meaning temporal shall be given you these words were not spoken to the Bishops only but to all and the Writ M r Speaker that we are called up by is chiefly to deal in Gods Cause so that our Commission both from God and our Prince is to deal in Gods Causes therefore the accepting of such Messages and taking them in good part do highly offend God and is the acceptation of the breach of the Liberties of this Honourable Councel for is it not all one thing to say Sirs you shall deal in such matters only as to say you shall not deal in such matters and so as good to have Fools and Flatterers in the House as men of Wisdom grave Judgment faithful Hearts and sincere Consciences for they being taught what they shall do can give
you here but heard it as well as I. I beseech your Honours discharge your Consciences herein as I do Commit We heard it we confess and you have satisfied us in this but how say you to the hard interpretation you made of the Message that was sent into the House The words were recited I assure you I never heard an harder interpretation of a Message Went. I beseech your Honours First was there not such a Message sent unto the House Commit We grant that there was Went. Then I trust you will bear me Record that I made it not and I answer you that so hard a Message could not have too hard an interpretation made by the wisest man in England For can there by any possible means be sent a harder Message to a Councel gathered together to serve God than to say you shall not seek to advance the glory of God I am of this opinion that there cannot be a more wicked Message than it was Commit You may not speak against Messages for none sendeth them but the Queens Majesty Went. If the Message be against the Glory of God against the Princes Safety or against the Liberty of this Parliament House whereby the State is maintained I neither may nor will hold my Peace I cannot in so doing discharge my Conscience whosoever doth send it And I say that I heartily repent me for that I have hitherto held my Peace in these Causes and I do promise you all if God forsake me not that I will never during Life hold my Tongue if any Message is sent wherein God is dishonoured the Prince perilled or the Liberties of the Parliament impeached and every one of you here present ought to repent you of these faults and to amend them Commit It is no new Precedent to have the Prince to send Messages Then were two or three Messages recited sent by two or three Princes Went. Sirs said I you do very evil to alledge Precedents in this Order You ought to alledge good Precedents to comfort and embolden men in good doing and evil Precedents to discourage and terrisie men to do evil Commit But what meant you to make so hard interpretation of Messages Went. Surely I marvel what you mean by asking this Question Have I not said so hard a Message could not have too hard an interpretation and have I not set down the reason that moved me in my Speech that is to say that for the receiving and accepting that Message God has poured so great indignation upon us that he put into the Queens Majesties heart to refuse good and wholsome Laws for her own preservation which caused many loving and faithful hearts for grief to burst out with sorrowful tears and moved all Papists Traytors to God to her Majesty and to every good Christian Government in their Sleeves to laugh the whole Parliament House to scorn Have I not thus said and do not your Honours think it did so Commit Yes truly But how durst you say that the Queens Majesty had unkindly abused her self against the Nobility and People Went. I beseech your Honours tell me how far you can stretch these words of her unkindly abusing and opposing her self against her Majesties Nobility and People can you apply them any further than I have applied them that is to say in that her Majesty called the Parliament of purpose to prevent Trayterous perils to her Person and for no other Cause and in that her Majesty did send unto us two Bills willing us to take our choice of that we liked best for her Majesties Safety and thereof to make a Law promising her Royal Consent thereunto and did we not first chuse the one and her Majesty refused it yet did not we nevertheless receive the other and agreeing to make a Law thereof did not her Majesty in the end refuse all our Travels And did not the Lord Keeper in her Majesties Presence in the beginning of the Parliament shew this to be the occasion that we were called together And did not her Majesty in the end of the Parliament refuse all our Travels is not this known to all here present and to all the Parliament House also I beseech your Honours discharge your Consciences herein and utter your knowledge simply as I do for in truth herein her Majesty did abuse her Nobility and Subjects and did oppose her self against them by the way of advice Commit Surely we cannot deny it you say the truth Went. Then I beseech your Honours shew me if it were not a dangerous doing to her Majesty in these two respects First in weakning wounding and discouraging the hearts of her Majesties loving and faithful Subjects thereby to make them the less able or the more fearful and unwilling to serve her Majesty Another time on the other side was it not a raising up and encouraging the hearts of her Majesties hateful Enemies to adventure any desperate enterprize to her Majesties peril and danger Commit We cannot deny but that it was very dangerous to her Majesty in those respects Went. And is it not a loving part of a Subject to give her Majesty warning to avoid danger Commit It is so Went. Then why do your Honours ask how I dare tell a truth to give the Queens Majesty warning to avoid her danger I Answer you thus I do thank the Lord my God that I never found fear in my self to give the Queens Majesty warning to avoid her danger be you all afraid thereof if you will for I praise God I am not and I hope never to live to see that day and yet I will assure your Honours that twenty times and more when I walked in my Grounds revolving this Speech to prepare against this day my own fearful conceit did say unto me that this Speech would carry me to the place whither I shall now go and fear would have moved me to have put it out then I weighed whether in good Conscience and the duty of a faithful Subject I might keep my self out of Prison and not to warn my Prince from walking in a dangerous course my Conscience said unto me that I could not be a faithful Subject if I did more respect to avoid my own danger than my Princes danger herewith all I was made bold and went forward as your Honours heard yet when I uttered those words in the House that there was none without fault no not our Noble Queen I paused and beheld all your Countenances and saw plainly that those words did amaze you all Then I was afraid with you for Company and fear bad me to put out those words that followed for your Countenances did assure me that not one of you would stay me of my Journey yet the consideration of a good Conscience and of a faithful Subject did make me bold to utter it in such sort as your Honours heard with this heart and mind I spake it and I praise God for it and if it were to do again I
Lordships for that now their leisure well serveth them and also they do desire to know whether this House will make them a further Answer to the matter of the last Conference or no. Whereupon after sundry Motions and Arguments it was agreed that the former Committees with the residue afterwards added unto them both yesterday and also this day as also M r S t John now lastly added be sent up to the Lords with Answer to be pronounced by M r Chancellor of the Exchequer in the name of the whole House that as touching the unkindness wherewith their Lordships do charge this House which this House hath not done doth not and will not give their Lordships any such occasion Nota That this is the last Passage in this so long and controverted business betwixt the two Houses which this Morning had been throughly handled at a Committee of the said Houses for the Upper House having first passed this Bill and sent it down to the House of Commons on Wednesday the 7 th day of this instant March foregoing it had its several readings there on Saturday the 10 th day of the same Month in the Afternoon and on Monday the 12 th day and on Tuesday the 13 th day of the same having also added a Proviso unto it with which they sent it up again to the Lords who disliking the said Proviso required Conference with some Committees of the said House that very foresaid 13 th day of March when the Bill had been sent up unto them upon which meeting this Morning they had full Conference as is before at large set down but the Lords as it should seem utterly disliking the said Proviso and not being satisfied with the said Conference did never give the said Proviso any reading in their House and so the Bill was dashed Now follows the residue of this days Passages with the Conclusion of this Session of Parliament by Prorogation out of the Original Journal-Book of the House of Commons some things only of form or otherwise necessary to be inserted being added The Bill against the abuses of Goldsmiths was read the third time and passed the House Post Meridiem The Bill last passed touching abuses of Goldsmiths was this Afternoon sent unto the Lords by M r Treasurer and others Two Provisoes and certain Amendments to the Bill touching Wharfs and Keyes were thrice read and upon the Question with the Bill rejected M r Doctor Barkley and M r Powle did bring word from the Lords that their Lordships do desire to know whether there be any more Bills ready to be sent unto them unto whom Answer was made There is none This Afternoon also her Majesty came in Person to the Upper House where Robert Bell Esq Speaker of the House of Commons did amongst other things in his Speech move her Majesty in the name of the House to Marry by which it may be collected that it was agreed in the House where this matter had been propounded on Friday the 9 th day of this instant March foregoing and further debated of on Monday the 12 th day of the same Month that it was I say agreed that the Speaker should thus move her Majesty in the behalf of her Marriage upon the Conclusion of this Session in this Speech also the said Speaker did according unto the usual Custom present her Majesty with the Bill of the Subsidy in the name of the Commons After which her Majesty having given her Assent unto twenty three publick Acts and thirteen private the Lord Keeper Adjourned the Parliament by her Majesties Commandment until two of the Clock in the Afternoon of the day following And on the said Thursday the 15 th day of March in the Afternoon her Majesty came again unto the Upper House Accompanied with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal and divers Lords Spiritual and Temporal but I cannot gather that there was any other cause or occasion of her Majesties coming thither than only for the further Prorogation of this Session which otherwise must have been done by a Commission under the Great Seal and thereupon the Parliament was Prorogued accordingly unto the 5 th day of November then next ensuing After which followed divers other Prorogations of this Parliament unto the re-assembling of it again upon Monday the 16 th day of January in An. 23 Reginae Eliz. upon which said day the third and last Session of this instant Parliament began THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Session of Parliament holden at Westminster Anno 23 Reginae Eliz. Anno Domini 1580. which began there after many Prorogations and Adjournments of the same on Monday the 16 th Day of January and there continued until it was first Prorogued on Saturday the 18 th Day of March and lastly Dissolved on Friday the 19 th Day of April Anno 25 Reginae ejusdem Anno Domini 1583. THIS Session in Anno 23 Reginae Eliz. Anno Domini 1580. maketh but one and the same Parliament with that in Anno 14 Reginae Eliz. Anno Domini 1572. which was the first Session of it and with that in Anno 18 Reginae Eliz. Anno Domini 1575. which was the second Session of the same so that this present Assembly of the Peers and Commons of the Realm in this their great Councel was but the third and last Session of it being one and the same Parliament as aforesaid being continued without any Dissolution near upon the space of twelve years by fourscore several Prorogations or thereabouts viz. from Thursday the 8 th day of May in the fourteenth year of the Queen on which said Thursday it first began until the Dissolution thereof upon the 19 th day of April Anno 25 Reginae Eliz. Anno Domini 1583. The Prorogations between that former Session in An. 18 Reginae Eliz. which was as hath been observed the second and middle Session of this Parliament and this in Anno 23 Reginae ejusdem with those after it which was the third and last Session thereof were about threescore of which the two first happening within the said eighteenth year are both of them placed at the end of the Journal of the said year of which the first was on Saturday the 18 th day of March in Anno 18 Reginae Eliz. Anno Domini 1580. by which the Parliament was Prorogued unto the 5 th day of November Anno 18 Regin Eliz. Anno Domini 1581. at which day it was the second time Prorogued unto the 26 th day of March in Anno 19 Reginae ejusdem Anno Domini 1582. upon which day it was further Prorogued by Commission unto the 3 d day of June following On the third day of June to which day the Parliament had been last Prorogued it was again further Prorogued unto the 12 th day of November next following at and from which time it was Prorogued from day to day
Exeter may be Inheritable as Lands at the Common Law which was read the third time and concluded Nota That this Custom of Gavelkind by which all the Sons do Inherit the Lands of their Ancestors equally is not only in Kent but hath been also in the City of Exeter in the County of Devon and as is very probable either is or hath been in other parts of the Kingdom The Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon about which time the Lords meeting the Bill for the grant of a Subsidy and two Fifteenths and Tenths by the Temporalty was read secundâ vice On Saturday the 4 th day of March were four Bills of no great moment each of them once read whereof the first being a Bill for the confirmation of a Subsidy granted by the Clergy was after the third reading concluded M r Oughtred that was sent for by Order of the Lords made his appearance and to him day was given for bringing of his Councel on Tuesday next and the same day was also appointed for my Lady Marquess of Winchester This Forenoon finally two Bills of no great moment were sent up to the Lords from the House of Commons and one Bill for the assurance of an yearly rent to the Bishop of Coventry and Litchfield in Fee was tertiâ vice lecta and then sent down from the Lords to the said House of Commons On Monday the 6 th day of March to which day the Parliament had been last Adjourned were two Bills of no great moment read whereof the first was touching Fines and Recoveries On Tuesday the 7 th day of March Six Bills were brought up to the Lords from the House of Commons whereof the last was for keeping of the Queens Majesties Subjects in due obedience there were two Bills also each of them once read whereof the last touching Fines and common Recoveries was after the third reading sent down to the House of Commons This day appeared before the Lords as was appointed the Lord Marquess with his Councel on the one side and the Councel of the Lady Marquess on the other side and M r Oughtred for himself The Lord Chancellor with consent of the Lords after hearing of all the Parties and upon Conference thought it best for the better Expedition of the matter that certain of the Lords if the Parties consented thereunto should have the hearing of all the Controversies betwixt them and of the several accompts of M r Oughtred to which the Parties being called again every one for himself did personally assent only further Order was taken that the Lady Marquess should deliver her assent the next day by her Councel The Lords that were named to hear the said Controversies were these which were chosen by the Parties themselves the Lord Chancellor the Lord Treasurer the Lord Chamberlain and the Earl of Bedford and for the Causes between the Lord Marquess and the Lady Marquess were chosen by the said Parties the Lord Chancellor Lord Treasurer Lord Chamberlain and the Lord Buckhurst Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which hour the Lords meeting Three Bills of no great moment had each of them one reading whereof the last being a Bill touching the Lord Zouch was read secundâ vice and then committed to be ingrossed On Wednesday the 8 th day of March Three Bills of no great moment had each of them one reading whereof the last was Billa for keeping the Queens Majesties Subjects in their due Obedience Two Bills also were brought up to the Lords from the House of Commons whereof the last being a new Bill for the fortifying of the Borders towards Scotland which they returned with a former Bill passed by the Lords before with great deliberation to the same purpose and sent down to them so passed with the same title it gave the Lords much distast because they thought this course to be both derogatory to the superiority of the place and contrary to the antient course of both Houses and as they misliked the disorder so was it their pleasure that this their misliking should be entred in the Records of Parliament lest so evil an Example might hereafter be abused as a precedent Vide plus de ista materia die 10 Martii sequente Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which the Lords meeting four Bills had each of them one reading whereof the first being the Bill for the Grant of a Subsidy and two Fifteenths and Tenths by the Temporalty was read tertiâ vice communi omnium Procerum assensu conclusa On Thursday the 9 th day of March Five Bills had each of them one reading whereof the first being a Bill for restitution in Blood of Philip Earl of Arundel was read primâ vice On Friday the 10 th day of March were five Bills read the first three being of no great moment had each of them one reading the fourth being a Bill for restitution in Blood of two of the Saintlegers was read secundâ tertiâ vice and then was sent down to the House of Commons with another Bill for the Earl of Arundels restitution which had likewise passed the Lords this Forenoon The new Bill lastly for the fortifying of the Borders towards Scotland was read primâ vice Nota That though the Lords did take great offence at the House of Commons for sending up this new Bill unto them and rejecting a former Bill by them passed and sent down to the said House of Commons which had been framed by them to the same purpose without acquainting their Lordships first upon what grounds or for what reasons they had rejected the former Bill as may be seen at large on Wednesday the 8 th day of March foregoing and though their Lordships did then likewise Order that this Act should be Entred in the Records or the Upper House as a thing derogatory to the dignity thereof yet it pleased their Lordships not only on this Friday this 10 th day of March to give the said new Bill its first reading but on Tuesday the 14 th of March following caused it to be read the second time and on the next day following being Wednesday having added certain amendments unto it did finally upon the third reading conclude and pass it Vide Martii 17 postea One Act lastly for the repair of Dover Haven was sent up to the Lords from the House of Commons which was read primâ vice On Monday the 13 th day of March to which day the Parliament had been last Adjourned Five Bills were sent up to the Lords from the House of Commons of which the first being an Act for the true making melting and working of Wax with two others were read primâ vice Six other Bills also were read this Morning of which the fifth being a Bill for restitution in Blood of Anthony Mayney was read secundâ
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and the Isles The Archbishop of York the Earl of Oxford Great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
Regina ac tempore cujus contrarii memoria hominum non existit in eadem usitat approbat breve de Cap. ad satisfaciendum versus cundem Tho. Gonnell pro debito damnis praedictis in placito praedicto prosequi returnari deberet antequam aligned breve de seire facias versus manucaptores praedictos in loquela illa impetrari seu prosequi deberet licet consuetudo sorma captionis recognitionum in Curia praedict a usae suerunt in sorma praedicta viz. Si contigerit cundem Thomam Gonnel in placito praedicto convinci tunc iidem Manucaptores concesserunt quilibet corum per se concessit tam debitum praedictum quà m omnia hujusmodi damna nune custag ' quae praesato Johanni Hunt in ea parte adjudicentur de terris Catallis suis cerum 〈◊〉 it sieri ad opus praedicti Johannis Hunt 〈◊〉 si consigerit praedictum Thomam Gonnell debitum damna illa praefato Johanni Hunt minimè 〈◊〉 aut si pri onae Marescal ' Dominae Reginae coram ipsa Regina ea occasione non reddere c. Et peturt iidem Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne quod Judicium praedictum processus super 〈◊〉 praedicta de seire 〈◊〉 prosecut in Curia dict' Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habeatur Et super hoc Domini per 〈◊〉 Justiciariorum post longam maturam deliverationem uno consensu adjudicaverunt ..... quod judicium praedictum processus super brevia praedicta de scire sac ' prosecut ' in Curia dictae Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habcatur On Wednesday the 10 th day of March to which day the Parliament had been on Monday last continued Eight Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of Letters Patents made unto the Dean and Chapter of Norwich was read prima vice Six Bills also were brought up to the Lords from the House of Commons of which the first being the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read prima vice On Thursday the 11 th day of March Six Bills had each of them one reading of which the first being the last recited Bill for Surety of the Queens Royal Person c. was read secunda vice And the second being the Bill for the good Government of the City and Borough of Westminster in the County of Middlesex was read tertia vice with a Schedule and certain Amendments quae communi omnium procerum assensu conclusa dat' Doctori Barkeley Servienti Rolls in Domum Communem deferend Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon About which hour the Lords Spiritual and Temporal meeting six Bills of no great moment had each of them one reading of which the second being the Bill concerning the Lady Marchioness of Winchesters Jointure was read secunda vice commissa to the Master of the Rolls and the Lord Chief Justice of the Common-Pleas For as much as in the matter depending now in Parliament by Writ of Error brought by John Akerode Thomas Stanfeild and divers others against Richard Whalley Defendant for reversing of certain Errors supposed by the said Plaintiff to be in the said Defendants Grandfathers form of Pleading and other things in his Recovery of the Mannor of Eringden in the County of York it hath appeared to this honourable Court by the Certificate of the Lords Chief Justices the Master of the Rolls and others being by this Honourable Court appointed Committees to hear and examine the matter privately before them that the Writ of Error and the scire facias are insufficient in Law for divers Causes opened to this Court. Therefore it is Ordered by the Lords that the same Writ of Error shall abate and the Plaintiffs to pursue their further remedy as they shall thing good On Saturday the 13 th day of March to which day the Parliament had been on Thursday last continued the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read tertia vice quae communi omnium Procerum assensu conclusa with one amendment in the 44. line that is after this word left put out so as and in place thereof put in foreseeing that This amendment was made after the third reading and before the Bill was put to the question and was delivered to Doctor Barkeley and Serjeant Rodes to be carried to the Lower House with the Bill for the better observing of the Sabbath day with request for that there are whole Sentences inserted into the said Bill for the Sabbath day and the Bill would remain a very soul Record it might be fair written again Vide concerning this Bill of the Sabbath on Wednesday the third day and on Saturday the 6 th day of this instant March foregoing Two other Bills lastly of no great moment had each of them one reading of which the second being the Bill for Oxford-Haven was read tertia vice expedita Four Bills lastly were brought up to the Lords from the House of Commons of which the first was the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty On Monday the 15 th day of March to which day the Parliament had been on Saturday last continued prima secunda tertia vice lecta est schedula of the amendments of the Bill against Jesuits sent from the House of Commons quae communi omnium procerum assensu conclusa est with an Addition to the said Schedule added by them of the House of Commons data Doctori Barkeley Servienti Rolles in Domum Communem deferend Six several Bills also of no great moment had each of them one reading of which the first being the Bill for Consirmation of the Subsidy of six shillings in the pound granted by the Clergy was read prima vice commissa ad ingrossandum Three Bills lastly were sent up to the Lords from the House of Commons of which the first was the Bill for the renewing continuance explanation and perfecting of divers Statutes Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon about which time the Lords Spiritual and Temporal Assembling Four Bills of no great moment had each of them one reading of which the first being the Bill for the payment and satisfaction of the Debt of William last Lord Marquess of Winchester deceased due to the Queens Majesty was read prima vice On Tuesday the 16 th day of March Seven Bills of no great moment had each of them one reading of which the first being the Bill for the
for the better assurance that none creep into the charge and Cures being men of corrupt life or not known diligent it might be provided that none be Instituted or by Collation preferred to any benefice with cure of Souls or received to be Curate in any Charge without some competent notice before given to the Parishes where they take charge and some reasonable time allowed wherein it may be lawful to such as can discover any defect in conversation of life in the person who is to be so placed as is aforesaid to come and object the same 7. That for the encouragement of many to enter into the Ministry which are kept back by some conditions of Oaths and Subscriptions whereof they make scruple it may be considered whether this favour may be shewed them that hereafter no Oath or subscription be tendred to any that is to enter into the Ministry or to any benefice with Cure or to any place of preaching but such only as be expresly prescribed by the Statutes of this Realm Saving that it shall be lawful for every Ordinary to try any Ministers presented to any Benefice within his Diocess by his Oath whether he is to enter corruptly or incorruptly into the same 8. Whereas sundry Ministers of this Realm diligent in their calling and of godly conversation and life have of late years been grieved with Indictments in Temporal Courts and molested by some exercising Ecclesiastical Jurisdictions for omitting small portions or some Ceremony prescribed in the Book of Common-Prayer to the great disgrace of their Ministry and imboldening of men either hardly affected in religion or void of all Zeal to the same which also hath ministred no small occasion of discouragement to the forwardness of such as would otherwise enter into the Ministry some good and charitable means may be by their honorable discretions devised that such Ministers as in the publick service of the Church and in the administration of the Sacraments do use the Book of Common-Prayer allowed by the Statutes of this Realm and none other be not from henceforth called in question for omission or change of some Portion or rite as is aforesaid so there doings therein be void of contempt 9. That for as much as it is no small discouragement to many that they see such as be already in the Ministry openly disgraced by Officials and Commissaries who daily call them to their Courts to answer complaints of their doctrin and life or breach of Orders prescribed by the Ecclesiastical Laws and Statutes of this Realm It may please the reverend Fathers or Archbishops to take to their own hearings with such grave assistance as shall be thought meet the causes of Complaint made against any known Preacher within their Diocess and to proceed in the examination and Order thereof with as little discredit to the Person so complained of without great cause and in as charitable sort as may be restraining their said Officials and Commissaries to deal in any Sort in those Causes 10. It may also please the reverend Fathers to extend their charitable favours to such known godly and learned Preachers as have been Suspended or deprived for no publick offence of life but only for refusal to subscribe to such Articles as lately have been tendred in divers parts of this Realm or for such like things that they may be restored to their former Charges or places of Preaching or at least set at liberty to preach where they may be hereafter called 11. Further That it may please the reverend Fathers aforesaid to forbear their examinations ex officio mero of Godly and learned Preachers not detected unto them 〈◊〉 Offence of life or for publick maintaining of apparent error in Doctrin and only to deal with them for such matters as shall be detected in them And that also her Majesties Commissioners for Causes Ecclesiastical be required if it shall so seem good to forbear the like proceedings against such Preachers and not to call any of them out of the Diocess where he dwelleth except for some notable offence for Reformation whereof their aid shall be required by the Ordinary of the said Preachers 12. Item For the better increase of knowledge of such as shall be imployed in the Ministry It may please their Lordships to advise whether it may be permitted to the Ministers of every Archdeaconry within every Diocess to have some common exercise or conference amongst themselves to be limited and prescribed by their Ordinary both touching the moderation and also the time places and manner of the same so as the moderators of these exercises be Preachers resiant upon their benefices having Cure of Souls and known to bear good affection to the furtherance of such profit as may grow by the same exercises 13. Where complaint is made of the abuse of Excommunication which is the highest censure that Christ hath left to his Church and many are grieved as well in regard of the causes and matters wherein it is at this day used as of the persons which have the common execution thereof and no redress can be had herein but by Act of Parliament that some remedy may be thought of in that behalf before the end of this Session and for reformation to be had herein it may please their Lordships to consider whether some Bill might not be conveniently framed to this effect viz. That none having Ecclesiastical Jurisdiction shall in any matter already moved or hereafter mentioned give or pronounce any Sentence of Excommunication and that for the continuance of any Person in Cases depending before them it shall be lawful to pronounce him only contumax and so to denounce him publickly And if upon such Denuntiation as in Excommunications hath been used the Party shall not submit himself nor stand to abide such Order as is to him assigned within forty days then it shall be lawful to signifie his contumacy in such manner and sort and to such Court as heretofore hath been used for persons so long standing Excommunicate and that upon such Certificate a Writ de contumace capiendo shall be awarded of like force to all effects and purposes and with like Execution as the Writ de excommunicato capiendo is 14. Nevertheless for as much as it seemeth not meet that the Church should be left without this censure of Excommunication it may be provided that for enormous crimes as Incest Adultery and such like the same be Executed by the Reverend Fathers the Bishops themselves with the assistance of grave Persons or else by other persons of Calling in the Church with like assistance and with such other Considerations as upon deliberation shall be herein advised of and not by Chancellors Commissaries or Officials as hath been used 15. Where Licences of non-Residence are offensive in the Church and be occasion that a great number of this Realm do want instruction and it seemeth that Cases certain wherein the same may be allowed can hardly be devised such as shall be
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
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
read Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 10 th day of November the Lords Committees made report unto the whole House that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded openly read unto them after long deliberation and consultation had betwixt them both publickly and privately they all with one assent allowed the same Sentence to be just true and honourable and that they humbly desired their Lordships to make choice of such number of Lords as their Lordships should think meet to joyn with them in Petition to her Majesty Whereupon their Lordships made choice of the said Lords following viz. the Lord Chancellor the Lord Treasurer the Lord High Chamberlain the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland the Earl of Sussex the Earl of Pembroke and the Earl of Hartford the Lord Chamberlain the Lord Abergavenny the Lord Zouch the Lord Morley the Lord Cobham the Lord Grey the Lord Lumley the Lord de la Ware and the Lord Norris Memorandum That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll the which the Lords thought better to defer until her Majesties liking or misliking were first had of the same Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 15 th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness and that her Majesties Answer was in so eloquent and goodly sort and with words so well placed that he would not take upon him to report it as it was uttered by her Majesty but that the effect was that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shewed to have of her safety and were it not in respect of them and of the state of the Realm and maintenance of the true Religion she would not ..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often and from so great perils Her Highness concluded it was a Cause of great moment and required good deliberation and that she could not presently give Answer unto them but that her Highness would shortly deliver it to some of her Privy Council which should declare unto them her Highnesses mind And thus her Highness answered This day further the Lord Chancellor signified unto the Lords that on Monday her Majesty commanded him to require the Lords to advise amongst them if some other course might be taken without proceeding to the extremity of Execution which her Highness could better like of if any such might be found and that her Highness looked for Answer from their Lordships Nota That the whole entrance of this days business viz. the Lord Chancellors Report of the Queens Answer is crossed in the Original Journal-Book but remaineth as legible as any other part except a few interlined words but by the whole course following that ought to stand which is crossed for without that the business following hath no coherence with the premisses Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 22 d day of November after many Speeches which tended all to one effect which was that their Lordships in their opinions could not find any other way than was already set down in their Petition then the Lords agreed that the matter should be put to the question and being particularly asked every one his several voice answered with one Consent that they could find no other way The House of Commons came up and desired the Lords to be content to appoint some of the Lords to confer with them upon the Answer that was to be made to her Highness and to deliver the same to her Majesty Whereupon the Lords made choice of these Lords following viz. the Archbishops of Canterbury and York the Lord Treasurer c. And the said Lords upon Conference had with the Committee of the Lower House made report that the like question was propounded to them of the House of Commons and that they Answered all with one consent no man gainsaying that they could find none other way Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty That having often conferred and debated of that question according to her Highness Commandment they could find none other way than was set down in the Petition Which Answer for the Lords was delivered unto her Majesty by the Lord Chancellor and for the Commons by their Speaker at Richmond on Thursday the 24 th day of November Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox horâ nonâ On Friday the 25 th day of November the Lord Chancellor delivered her Maiesties Answer to the Lords to the last resolution the Effect whereof was as followeth viz. If said her Highness I should say unto you that I mean not to grant your Petition by my faith I should say unto you more than perhaps I mean And if I should say unto you that I mean to grant your Petition I should then tell you more than is fit for you to know And thus I must deliver you an Answer Answerless Whereas on the 7 th day of this instant Month of November whilst the Lords were in Consultation about the great matter of the Queen of Scots the Chief and only Cause of the Summons of this Parliament they of the House of Commons came up and desired Conference with some of the Lords of this House what number it should please their Lordships to appoint touching the said great cause which as they affirmed had been opened and declared unto them Whereupon the Lords made choice of divers Lords whose names see at large on Munday the 7 th day of this instant Month of November foregoing And to attend the said Lords were appointed the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Justice Gawdie the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon and after often meeting and long Conferences had they agreed upon a form of Petition which by both the Houses should be presented unto her Majesty And that Choice should be made of a certain number of either House to prefer the same unto her Highness Which being reported to this House the Lords liked very
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
effect and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign c. As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit and in the Original Journal-Book of this Parliament where the presence of the Lords is noted he is always ranked in the first place as the Lord Chancellor should have been if he had been present with this Addition after the setting down of his name and place Locum tenens Cancellarii in such Order as followeth viz. Archiepiscopus Cantuarien Edmundus Anderson Miles Justiciar de Communibus Placitis Locum tenens Cancellarii Comes Sussex Comes Hartford Comes Lincoln Vice-Comes Bindon Episcopi Episcopus Winton Episcopus Sarisburien Episcopus Rofsen Episcopus Hereforden Barones Dominus Howard Admirallus Dominus Hunsdon Camerarius Dominus Morley Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Stourton Dominus Sandes Dominus Cromwell Dominus Windsor Dominus Sheffield Dominus North. Dominus S t John de Bletsoe Dominus Compton Dominus Norris Which are all the Peers the Journal-Book noteth to have been present Nota That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting partly because it was after a long Adjournment and partly because many Lords did send new Proxies So that the presence of the Lords before set down at the beginning of this Parliament on the 29 th day of October being Saturday could not serve to be any rule for the presence of those that attended at this new meeting Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be omitted on the said first day A second but less material cause why I have their names transcribed is to see the due places and precedencies of the Lords Temporal On this 15 th day of February lastly although this were neither new Parliament nor new Session but meerly a second meeting of one and the same Parliament as hath been already observed was one unusual or extraordinary Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien ' Welien ' in quibus Procuratores suos constituit Thomam Episcopum Wintonien ' Thomam Episcopum Cicestren ' Willielmum Episcopum Coventrien ' Litchfield ' The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof on which said day this Parliament began where also it is set down why those ordinary ones are for the most part omitted Other unusual Proxies returned also at this new meeting of Parliament vide on Friday the 17 th day on Sunday the 19 th day and on Saturday the 25 th day of this instant February All which I have ever caused to be set down upon the several days on which they were returned if the said day be particularly expressed and not altogether before the beginning of the Parliament as is usually observed in the Original Journal-Books of the Upper House Nota Lastly that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter the second on the same Day from Richard Bishop of Durham the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor and the fifth and last on the same day from William Bishop of S t Asaph Which with many other precedents of a like nature frequent almost in every Parliament doth plainly prove that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him by the ancient Customs and Usages of that House although the contrary hath been of late ordered upon the ..... day of ..... in the Parliaments in Anno secundo Regis Caroli Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent as is before observed by reason of sickness did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after Nota That during this intervenient time of Adjournment three unusual Proxies were delivered in unto the Clerk of the Parliament the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following viz. 17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague in quibus Procuratores suos constituit Ambrosium Comitem Warwici Robertum Comitem Leicestren 19 o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Thomam Episcopum Winton ' Johannem Episcopum Roffen ' Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien ' Johannem Episcopum London Thomam Episcopum Wintonien Nota That here a Temporal Lord constituted two Proctors and two Spiritual Lords nominated each of them three which being extraordinary and unusual Proxies are well worthy the observation Vide intrationes Literarum consimilium procurator ' die Saturni die 29 o Octobris praecedentis in fine dici die Mercurii die 15 o Februar jam instantis antea die Saturni die vicesimo quinto ejusdem Febr ' postea On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 23 d day of February the Lords met but it seems nothing was done but only the Parliament continued unto a further day the Entrance whereof in the Original Journal-Book is in manner
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
tertio die Martii duximus dissolvend ' De fidelitate igitur prudentiâ circumspectione vestris plurimùm confident ' de avisamento assensu Concilii nostri assignavimus vos aliquos tres vel plures vestrum Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem facultatem authoritatem hoc instante vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar ' dissolvend ' Et ideo vobis Mandamus quòd vos aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instante vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plenè dissolvatis determinetis Et ideo vobis Mandamus quòd circa praemissa diligenter intendatis ac ea in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur ' tenore praesentium firmiter in mandatis quòd vobis in praemissis pareant obediant intendant in omnibus prout decet In cujus rei testimonium has Literas nostras sieri secimus Patentes Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono Per ipsam Reginam Powle It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23 th day of this instant March in the Forenoon for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lords to dinner unto some hour in the Afternoon which may very well be in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon yet that being now performed after an unusual and extraordinary manner by her Majesties Letters Patents or a Commission under the Great Seal the time was also altered So that though this Parliament were not long in continuance for both the meetings thereof put together make but ten weeks at the most yet it had many weighty matters debated in it and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time Finally Her Majesties loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars and withal in a manner foreseeing the stupendious preparations of Spain at this time most intentive in providing and furnishing of that mighty Armado stiled afterwards Invincible did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths as the Clergy had also granted unto her one other Subsidy but did likewise consult in either House severally for the Lords refused to joyn with the House of Commons therein concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands THE JOURNAL OF THE House of COMMONS An Exact large and very perfect Journal of the Passages of the House of Commons 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 there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Passages of this Journal of the House of Commons are fully replenished with excellent and rare matter both in respect of the business of Mary Queen of Scots handled in the first meeting and of the publick dangers threatned against her Majesties person and Realms discussed in the second meeting of this Parliament in which also there wanted not the passing of divers good and wholesome Laws and the discussing of many emergent disputes touching the private affairs of the said House all which are in themselves very useful and worthy of observation Although the Parliament had been summoned to have begun upon Saturday the 15 th day of October in Anno 28 Reginae Eliz. yet it held not but was on the said day further Prorogued unto Thursday the 27 th day of the same Month upon which said day it was lastly Prorogued unto Saturday the 29 th day of the same next ensuing On which said 29 th day of October the Parliament held accordingly although her Majesty came not in person but appointed by her Letters Patents under the Great Seal the Archbishop of Canterbury the Lord Burleigh Lord Treasurer and the Earl of Darby Lord Steward or any two of them her Delegates or Commissioners in her Majesties name and stead to begin this said Parliament and the same further to hold continue Adjourn or Prorogue as to them should seem fitting and needful The Lords therefore being set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired unto the Upper House and as many as could conveniently being let in Sir Thomas Bromley Knight Lord Chancellor shewed that the Queens Majesty was with-held by some very great and important occasions so that she could not be there personally present at this time but yet had appointed some other Honourable personages there present to supply her place and in her name to begin the said Parliament And then the same Letters Patents were read After which the foresaid three Commissioners leaving their places went to a Seat prepared for them on the right side of the Chair of State who being so placed the Lord Chancellor did Lastly declare that the meer cause for which this Parliament had been so suddenly called at this time was upon the discoveries of the late most great and horrible Treasons plotted for the taking away of her Majesties Life and the subversion of true Religion and that one great offender therein did yet remain touching whose punishment her Majesty did crave their faithful advice and therefore wished those of the House of Commons to make present choice of some one amongst them to be their Speaker and to present him unto the Lords Lieutenants or Lords Commissioners as soon as conveniently they might Whereupon the Knights Citizens Barons and Burgesses of the House of Commons repairing to their said House did there elect and chuse John Puckering Serjeant at Law their Prolocutor who had been Speaker also the last Parliament Nota That there is not any one word of all this before set down in the Original Journal-Book of the House of Commons de annis istis 28 o 29 o Reginae Eliz. which is very defective not only here but in some other places thereof but that which is before set down is for the most part gathered out of the Original Journal-Book of the Upper House and only
perfected in some places in matter of form and yet the Titles of the aforesaid three daies are set down in three blank Pages On Monday the 31 th day of October her Majesties Person was again represented by those aforesaid three Lords Commissioners constituted by her Majesties Letters Patents on Saturday the 29 th day of this instant October foregoing These being set in the Upper House with divers other Lords in their Parliamentary Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired thither with John Puckering Serjeant at Law their Speaker who was according to the usual course presented unto the said Lords Commissioners and by them admitted who answered to these his three Petitions of course made in the name of the House of Commons for liberty of Access for freedom of Speech and freedom from Arrests and Suits and lastly for Pardon for himself that the said House of Commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is not any word of all this presentment of the Speaker in the Original Journal-Book of the House of Commons but only the very Title of the day is thus set down in a blank Page thereof Lunae xxxj Octobris 1586. and the whole matter ensuing by the great negligence of M r Fulk Onslow at this time Clerk of the House of Commons is wholly omitted which also happened in the setting down of the three foregoing days of this Journal upon the two first of which the Parliament had been further Prorogued and upon the third received its beginning in all which the Titles only of the days are set down in the upper part of three several blank Pages as is beforesaid with intention doutless at first to have inserted the passages of each day and therefore it is the more strange that it was never perfected and argueth the greater neglect because the said M r Onslow did live many years in the place of Clerk of the House of Commons after the Dissolution of this Parliament by which means if these foregoing day had not been supplied out of the Original Journal-Book of the Upper House this other Journal of the House of Commons had remained very imperfect and unuseful And yet at the end of the aforesaid blank Page or bottom thereof in which the Title of this present Monday the 31 th day of October is inserted there followeth the reading of one Bill which is usually done after the Knights Citizens and Burgesses of the House of Commons do return from the Upper House with their Speaker newly admitted upon their presentment of him which said Bill read at this time upon their return is entred in manner and form following viz. The Bill touching Inrollments the first reading After the reading of this Bill the House did without all question Adjourn it self unto Thursday the third day of November ensuing although there be no mention thereof in this said Journal-Book of the House of Commons which must as all other defects be imputed to the former neglect And yet this Adjournment may be collected not only by a like Adjournment of the Lords unto Friday the 4 th day of November aforesaid and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament but also out of the very Entrance of the said Thursday following which is on the very next Page after the Entrance of the before mentioned Bill which is never used to be done if any other days passages should have intervened between And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn it self contrary to the usual practice both of former and latter times which was no other than the handling of that great and unusual business touching the Scotish Queen and leaving or forbearing to treat of other ordinary matters usual in the House For by this means it happened that the Original Letters and other proofs produced against the said Scotish Queen for the discovery of her being guilty of the Teason plotted by Ballard Babington and others being all first laid open and urged before the Lords in the Upper House and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees It was the only means and cause that the said House of Commons did for want of matter and imployment so often Adjourn it self Whereas usually at other times the passing of Bills with the matter of Subsidy and publick grievances being first debated in the said House and from them derived to the Lords their Lordships are often necessitated in the beginning of each Parliament for want of like imployment to Adjourn themselves On Thursday the third day of November to which day the Parliament had been on Monday the 31 th day of October foregoing last adjourned M r Speaker shewed unto the House that he received Commandment from my Lord Chancellor from her Majesty to signifie unto them that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the chusing and returning of the Knights for the County of Norfolk a thing in truth impertinent for this House to deal withal and only belonging to the Charge and Office of the Lord Chancellor from whence the Writs for the same Elections issued out and are thither returnable again And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges And so thereupon examining the said Returns and the Sheriff touching the matter and circumstances of his proceedings in the said Elections to set down such course for making the true Return as to Justice and Right shall therein appertain Two Bills had each of them one reading of which the first being the Bill for Orford-Haven had its first reading and the second being the Bill touching Inrollments had its second reading One of the House offering to speak to this Bill M r Vice-Chamberlain stood up and shewed unto this House that having matter of most great importance to deliver unto this House from her Majesty he was so bold with their good favours for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill and so then shewed that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament could not hear the same and also that many of the Members of this House now here present were not then come up or returned commanded him to deliver unto
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
said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Cause by any member of the House M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London Whereupon M r Speaker put the House in remembrance of her Majesties pleasure before signified unto this house to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned yet because in the mean time of dealing in the said great Cause in Committee or otherwise there should be nothing to occupy the House withal it is thought good at such times to have some Bills read in the House reserving always due regard and place to the said great Cause And thereupon the said Bill was read accordingly The Bill touching the Curriers was read the first time The Bill also for limitation of time touching Writs of Error growing by fraud had its first reading M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County out of Cities Market Towns and Corporate Towns Whereupon the said Bill was then read accordingly The Bill touching Clothiers in the County of Devon had its first reading Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler and John Turner of the same Butcher being both of them in the Serjeants Custody for presuming to come into this House sitting the House and being no Members of the same it is upon opinion that they did it of ignorance and meer simplicity and not of any pretended purpose and also upon their humble submission of themselves unto this House and like humble request and Petition of Pardon for the same Agreed by this House that they shall be discharged and set at Liberty taking first the Oath of Supremacy openly in this House which they so then did and afterward departed On Munday the 7 th day of November The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto any of the said Justices are parties was read the first time Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth and prayeth that the same Bill may be read which was so then read accordingly The Bill for relief of certain Orphans in the County of Monmouth had its first reading M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas and prayeth the same may be read which was thereupon so done accordingly The Bill touching Clothes made to be transported over the Seas had its first reading Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex and prayeth the reading thereof which in no wise he would have moved if the House should have been any ways occupied in the great Cause the speedy course and proceeding whereof he most earnestly desireth and prayeth The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time M r Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them and that then also they did appoint another Meeting therein to be this Afternoon and shewed withal That some of the Committees of this House being of the Privy Council do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves nor in any other matter besides until they shall have first heard therein from this House for Conference to be prayed with them by this House and therefore moved That now whilst their Lordships do yet sit the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference and to know their Lordships pleasure for the time and place of Meeting Whereupon for that purpose it was ordered That all the Privy Council being of this House Sir Henry Gate M r Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House who did so accordingly It should seem that in the mean time after the going up of M r Treasurer and the rest and before their return from the Lords these matters following were handled viz. The Bill touching Orford-Haven was read the second time and thereupon committed unto Sir Robert Jermin Sir John Higham Sir Henry Cobham M r Cromwell M r Layer and all others that were Committees in the same Cause the last Parliament to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock After sundry Speeches to the Bill touching Inrollments upon the second reading thereof and being then reserved to convenient time and this present time falling out to be convenient for that purpose it is upon the question both for the committing and ingrossing quite dashed and rejected The Bill touching Curriers had its second reading M r Treasurer and the residue of the Committees being returned from the Lords as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause which their Lordships did very well like of and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships as their Lordships for that purpose do appoint which he saith he thinketh to be twenty or thereabouts And so thereupon were the Names of the said Committees of this House read and they required to give their Attendances therein at the said time and place accordingly On Tuesday the 8 th day of November M r Doctor Turner shewed unto this House That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots unless some good means withal be had for the rooting out of Papistry either by making of some good new Laws for that purpose or else by the good and due Execution of the Laws already in force which as he greatly wisheth and referreth to the grave consideration of this House so concluding in his own Conscience that no Papist can be a good Subject he did offer a Bill to this House containing as he thinketh some convenient form of matter tending to the effect of his Motion and prayeth the same may be read Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees
of the same Parliaments for certain causes the House then moving disabled for ever afterwards to be any Member of this House at all hath of late brought a Writ against the Inhabitants of the said Borough for his wages amongst other times in attendance at the late Session of Parliament holden at Westminster in the 27 th year of her Highnesses Raign during which time as also a great part of some other of the said former Parliaments he did not serve in the said House but was for some causes as aforesaid disabled to be any Member of this House and was also then committed Prisoner to the Tower of London And so prayeth the advice and order of this Honourable House therein unto the censure and order whereof the said Inhabitants do in most humble and dutiful wise submit themselves And so shewed the said Writ which was then read by the Clerk After the reading whereof and some speeches had touching the former proceedings in this House against the said M r Hall as well in disabling him to be any more a Member of this House as also touching his said imprisonment the matter was referred to further consideration after search of the Precedents and Entries of this House heretofore had and made in the course of the said cause Vide diem Veneries 2 um diem Decembris diem Mercurii 22 um diem Martii postea M r Treasurer shewed that the Committees in the Cause for Conference to be had touching the answer to be made by this House to the Message lately delivered from her Majesty did meet according to the Commission of this House and after long and much debating and many great arguments it appeared very evidently by most strong reason that no other way whatsoever can be taken for the safety and continuance of true Religion of her Majesties most Royal Person and of the peaceable Estate of this Realm but only by Justice to be done upon the Queen of Scots according to her demerits Which Justice as her Majesty ought of duty to cause to be done so they resolved utterly to insist upon the prosecution of the former Petition unto her Highness as the one only way and none other to be performed in the said Cause And so left to some other of the said Committees the more particular discourses of their said Conferences Whereupon M r Vice-Chamberlain very excellently plainly and aptly shewed the manner of their Treaty in the said Conference and of the Reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said Queen of Scots as neither by likelihood of reformation in her Person hope of strait guarding or keeping of her or of any caution of hostages to be taken for her reciting and applying most apt and invincible reasons in the several proofs thereof and so concluding his own opinion also only to be such and none other wished that if any member of the House could concèive or shew any other course or device tending to the purport of the said Message than hath been erst now remembred or in the said Committee offered he would shew the same And if not that then M r Speaker would move the question for the consent of the whole House to the continuance of prosecuting that said Petition together with the said Committees Whereupon after some little pause and none offering any speech to other end M r Speaker moving the question to the House it was resolved by the whole House to insist only upon the said Petition accordingly And also after sundry other speeches had tending all to the same resolution and some of them urging the remembrance purpose and present consideration of the former Association it was ordered that to morrow when the Lords do sit in the Upper House the former Committees of this House M r Robert Cecill being now added unto them do repair unto their Lordships for Conference with their Lordships touching the said resolution of this House in answer to her Majesties said Message And also with request to their Lordships to give Licence unto this House to join with their Lordships in the said Answer to her Majesty if it so please them M r Comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said Petition only and of none other course at all as well in his former delivery thereof upon treaty of the said cause as now at this present declared further That he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this House rather of ignorance in them he thinketh than of any evil disposition and purpose and so affirming earnest and devout prayer to God to incline her Majesties heart to the Petition of this House as a thing much importing he moveth that some apt and special course of prayer to that end might be devised and set down by some of this House and be not only exercised here in thus House every day but also by all the members of this House elsewhere abroad and also privately in their Chambers and Lodgings M r Treasurer liking well the motion and good meaning of M r Comptroller touching Prayer to be exercised as before shewed that fit Prayers for that purpose and extant in print are already used in this House and so may also be by the Members of the same privately by themselves and doth willingly wish the same might be so executed accordingly Sir John Higham assenting very readily to the continuation of pursuing the said Petition urged further very zealously and earnestly the burthen of the Oath of Association and so thereby amongst other things of great and necessary consideration and importance prayeth her Majesty may be solicited to the speedy execution of Justice upon the person of the Queen of Scots Mr. Recorder bending many Speeches and reciting many Precedents of Petitions in former times granted by sundry of her Majesties most noble Progenitors Kings of England to the subjects of this Realm at the humble Suits and Petitions of the Speaker and Commons of the Lower House which the Lords of the Upper House in those days could not obtain at their hands doth not only perswade very earnestly the said insisting of this House upon the said Petition but also undoubted assuredness of her Majesties granting and performing of the same as a thing answerable both unto her Highness most merciful loving and tender care over her good Subjects as also to the very necessity of the case Mr. Cope moved that Mr. Speaker might put it to the Question for the resolution of this House touching the prosecution of the said Petition with all good and fit speed Mr. Chancellor of the Exchequer putting the House in remembrance of their resolution therein given already even now at this very instant Court upon the Question then propounded by Mr. Speaker moved the going forward
Hospitality And therefore whereas these two meetings are placed in the Original Journal-Book of the House of Commons very incongruously in two distinct and several Journals as if they had been two distinct and several Sessions they are here rightly placed together and so the passages of the said second meeting do now follow in due course and order On Wednesday the 15 th day of February to which day the Parliament had been Adjourned by the Lords Commissioners aforesaid on Friday the 2 d day of December foregoing the two Houses met in their several places without any pomp or Solemnity this being as hath been before observed neither new Parliament nor new Session but a mere new meeting of either House upon the said Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Reginae Eliz. as is aforesaid The Knights Citizens and Burgesses of the House of Commons being set M r Serjeant Puckering then Speaker thereof informed the House that M r Fulk Onslow Clerk of the Parliament was so weakned by Sickness that he could not at this present exercise his place Therefore he had appointed M r William Onslow his Knisman a Member of this House here present to supply it and therefore asked their allowance which they very willingly granted The same time M r Cromwell moved the House for that at their Petition her Majesty had done Justice upon the Scottish Queen to the greater Safeguard of her Majesties Person and the whole Realm he thought it fit that her Majesty might receive from them their humble thanks which motion was well liked but at this time it proceeded no further Two Bills had each of them one reading whereof the first was touching Fines and Recoveries before the Justices of the Common Pleas and the second for limitation of time touching Writs of Error growing by fraud The same day M r Vice-Chamberlain commanded as he said by her Majesty moved the House for that this Parliament was not expected to hold at this time many of the Nobility being Lieutenants in their Countries and others principal Members of this House were absent by occasion whereof those great weighty causes for which this Parliament is called cannot have such deep consultation as is fit Therefore he thought it convenient to have an Adjournment and therefore to move the Lords of the Upper House for the liking thereof Which motion being well liked M r Vice-Chamberlain and a convenient number of the House so many as would without nomination did attend him to the Lords who upon his return from the Lords made report that they having considered of the motion found the same want and therefore yielded to an Adjournment of the Parliament until Wednesday next being the 22 d day of this instant Month of February if this House would condescend unto it Unto which Adjournment this House also yielded which consent M r Vice-Chamberlain did there presently signifie to the Lords and upon his return the House brake up On Wednesday the 22 th day of February to which day the Parliament had been last adjourned upon Wednesday the 15 th day of this instant February foregoing the House again sitting the Right Honourable Sir Christopher Hatton Knight Vice-Chamberlain to her Majesty and one of her Majesties most Honourable Privy Council used this Speech in effect to the House viz. That it was her Majesties pleasure to have dangers disclosed and to have the House know that she thanked God for the goodness of the House that she wished the Session mistaken for Meeting to be short that men of Government might go home for matter of Government hospitality and defence and to take another time for making of Laws saving such as be now of necessity The dangers which her Majesty meaneth proceed of ancient malice and are to be prepared for and God called upon for aid The principal heads of the dangers The Catholicks abroad the Pope the King of Spain the Princes of the League the Papists at home and their Ministers The principal root hereof The Council of Trent which agreed to extirp Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn manner Pope Pius Quint us sent her Excommunication against her Majesty Dr. Mourton and Mendoza a Spanish Ambassadour bestirred them a Northern Rebellion was bred the Pope and the rest practised for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the Thirteenth proceeds and sends Jesuits and Seminaries to England and Ireland and they proceed to inveagle the Subjects and disswade them from obedience Visko beginneth a Rebellion in Ireland James Fitz-Morris furthereth the Execution thereof Doctor Sanders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill her Majesty and perswaded it was meritorious Pope Sixtus the Fifth imitateth the other Popes to execute their former devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice-Chamberlain honourably termed the glorious Gospel and therefore moved them to join with the Princes of the League and to practise to win the King of Scots and to set up the Scottish Queen in England and made his reckoning of the Cantons that be Popish the Switzers the Duke of Savoy the Duke of Ferrara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will join to overthrow England and make known the effect of his labour to the Pope Invasion should have been made into England and Ireland the last year and not unlike to be attempted this year The Pope excommunicateth the King of Navar The Pope accounteth not of Popish preaching and perswasions that way but nevertheless moveth all to use the word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuits Seminaries and divers others Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers credit by using our Treasure and force to get S t Quintines but he soon made his advantage of it and regarded not our Territories in France but suffered the loss of Calice and all our Territories and after the death of Queen Mary what he could Her Majesty sought for his good will sending the Lord Mountague the Lord Cobham Sir Thomas Chamberlain Knight M r Maun and others and they were but hardly used some of them were offered great indignity and M r Mauns Son forced by strength to do a kind of Penance He comforted the Queens Enemies he giveth colour of Wars he chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with
glory of God and our true and loyal service to our Prince and State For I am fully perswaded that God cannot be honoured neither our NoblePrince or Commonweal preserved or maintained without free speech and consultation of this Honourable Council both which consist upon the liberties of this Honourable Council and the knowledge of them also So here are the questions M r Speaker I humbly and heartily beseech you to give them reading and God grant us true and faithful hearts in answering of them for the true faithful and hearty service of our merciful God our lawful Prince and this whole and worthy Realm of England will much consist hereafter upon the answer unto these Questions Wherefore it behoveth us to use wise grave and godly considerations in answering of them Therefore the Lord direct our tongues that we may answer them even with his spirit the spirit of wisdom without the which our wisdom is nothing else but foolishness The Questions follow Whether this Council be not a place for any Member of the same here assembled freely and without controllment of any person or danger of Laws by Bill or speech to utter any of the griefs of this Commonwealth whatsoever touching the service of God the safety of the Prince and this Noble Realm Whether that great honour may be done unto God and benefit and service unto the Prince and State without free speech in this Council which may be done with it Whether there be any Council which can make add to or diminish from the Laws of the Realm but only this Council of Parliament Whether it be not against the Orders of this Council to make any secret or matter of weight which is here in hand known to the Prince or any other concerning the high service of God Prince or State without the consent of the House Whether the Speaker or any other may interrupt any Member of this Council in his Speech used in this House tending to any of the forenamed high services Whether the Speaker may rise when he will any matter being propounded without consent of the House or not Whether the Speaker may over-rule the House in any matter or cause there in question or whether he is to be ruled or over-ruled in any matter or not Whether the Prince and State can continue stand and be maintained without this Council of Parliament not altering the Government of the State At the end lastly of the said Speech and Questions is set down this short Note or Memorial ensuing By which it may be perceived both what Serjeant Puckering the Speaker did with the said questions after he had received them and what became also of this business viz. These questions M r Puckering pocketted up and shewed Sir Thomas Heneage who so handled the matter that M r Wentworth went to the Tower and the questions not at all moved M r Buckler of Essex herein brake his faith in forsaking the matter c. and no more was done After the setting down of the said Business of M r Wentworth in the Original Journal-Book there followeth only this short Conclusion of the business of the day it self viz. This day M r Speaker being sent for to the Queens Majesty the House departed On Thursday the 2 d day of March M r Cope M r Lewkenor M r Hurlston and M r Bainbrigg were sent for to my Lord Chancellor and by divers of the privy Council and from thence were sent to the Tower Vid. Febr. 27. antea The Bill for explanation of the Law touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto they or any of them be parties was read the third time and passed upon the Question It is ordered That all the Committees appointed before to meet about the Bill for the delay of execution of Justice shall meet about the same to morrow in the Forenoon above in the Room of this House in the time of the reading of the Subsidy See these Committees names on Munday the 27 th day of February foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill for continuance of Statutes was read the first time The Bill last past touching Fines and Recoveries c. was sent up to the Lords by M r Treasurer and others A Proviso offered by M r Recorder of London to be inserted in the Subsidy for saving the liberties of the Officers of the Mint had its first reading On Friday the third day of March four Bills of no great moment had each of them one reading of which the last being the Bill against the abuses of Purveyors was read the second time and committed unto all the Privy Council of this House Sir John Cutts Sir William Moore Sir Thomas Scott and others and the Bill was delivered to M r Chancellor who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber On Saturday the 4 th day of March Sir John Higham made a motion to this House for that diverse good and necessary Members thereof were taken from them that it would please them to be humble Petitioners to her Majesty for the restitution of them again to the House To which Speeches M r Vice-Chamberlain answered That if the Gentlemen were committed for matter within the compass of the priviledge of this House then there might be a Petition but if not then we should give occasion of her Majesties farther displeasure and therefore advised to stay until they heard more which could not be long and further he said touching the Book and the Petition her Majesty had for diverse good causes best known to her self thought fit to suppress the same without any further examination thereof and yet conceived it very unfit for her Majesty to give any account of her doings This Book and Petition touching the Ecclesiastical Government and for reformation of matters in the Church were delivered to the Clerk of the Parliament or the Speaker by M r Cope on Munday the 27 th day of February foregoing who with M r Lewkenor M r Hurlston and M r Bainbridgg spake in the commendation of them and desired they might be read Whereupon the said M r Cope with the other three were on Thursday the second day of this instant March foregoing sent unto the Tower and for the setting them at liberty it was that Sir John Higham made the motion foregoing which M r Vice-Chamberlain did answer with this supposition only that they might perhaps be committed for somewhat that concerned not the business or priviledge of the House But whatsoever he pretended it is most probable they were committed for intermedling with matters touching the Church which her Majesty had so often inhibited and which had caused so much disputation and so many meetings between the two Houses the last Parliament in Anno 27 Reginae Eliz. Anno Domini 1584. vide 13 Mar. sequentem A motion
the 7th day of this instant March foregoing The Bill for Fish brought into this House again by the Committees was twice read and committed unto Mr. Serjeant Snagg Mr. Morrice Mr. Attorney of the Dutchy Mr. Recorder and others who were appointed to meet this Afternoon in Serjeants-Inn in Chancery-lane at two of the Clock Here it seemeth Mr. William Onslow who by the Licence of the House supplied the place of Mr. Fulk Onslow his Kinsman Clerk of the same at this meeting is much mistaken in setting down this Commitment for the Bill it self was formerly twice read and according to the usual course committed upon the second reading to Mr. Recorder of London Mr. Sandes and others on Monday the 7th day of March and therefore doubtless this was either a new Bill brought in by the said Committees or else some new Additions and Amendments inserted into the old Bill which had this day their first and second reading and thereupon again committed unto some of the old Committees and others Vide plus die sequente Two Bills had each of them one reading of which the last being the Bill for the payment of Sir Gerrard Croker Knight his Debts was upon the second reading committed unto Mr. Alford Sir Thomas Browne Mr. Thomas Harris Mr. John Ingleseild and others On Friday the 10 th day of March the Bill for Estretford was read the second time and committed unto Mr. Markham Mr. Topclyffe Mr. Savil and others who were appointed to meet to Morrow in the Afternoon in the Middle Temple Hall Four Bills of no great moment had each of them one reading of which the second being the Bill for stealing of Horses and other Cattel and Beasts was upon the second reading Committed unto Sir William Moore Mr. Sands Mr. Wroth and others who were appointed to meet to Morrow in the Committee Chamber The Bill for bringing in of Fish was brought in again by the Committees by which it is most probable that there was a new Bill brought in yesterday which was twice read at one and the same time and then committed The Bill for Sir Gerrard Crokers payment of his Debts was brought in again by the Committees and amended On Saturday the 11 th day of March the Bill against fraudulent Conveyances by Fugitives was read the first time The Bill for the payment of Sir Gerrard Crokers Debts was brought in again by the Committees and committed to be ingrossed Three Bills being passed the House were sent up to the Lords whereof the two last were the Bill for the great abuses of Purveyors and the Bill for the confirmation of the Attainders of the late Lord Pagett and others A Motion being made by Mr. Treasurer for the matter of benevolence for the charges to be supplied in the Low Countries whether that this House should only deal in it without the Lords or else that they should make the Lords privy to it and join with them It was thought good by the House to join with the Lords in the same cause and commit it unto these persons viz. all the Privy Council of this House Sir Thomas Browne Mr. Sollicitor Sir Robert Jermin Sir John Heigham Master of the Requests Mr. Francis Hastings Mr. Sands Mr. Topclyffe and others Vide diem Saturn 18. diem Mar. This day a new Bill was brought in again for the payment of Edward Fishers Debts by the Committees and therefore the new was twice read and committed to be ingrossed Nota That a Bill to this purpose was in great agitation the last Parliament de anno 27 Reginae Eliz. Anno Domini 1584. The Bill for confirmation of Letters Patents was upon the second reading committed unto all the Privy Council of this House Mr. Sands Mr. Sollicitor and others and the Bill was delivered to Mr. Vice-Chamberlain This day the Committees made report of the priviledge of Mr. Martin a Member of this House Arrested upon mean Process by White above twenty days before the beginning of this Parliament holden by Prorogation mistaken for Adjournment and in respect that the House was divided about it in opinion Mr. Speaker with the consent of the House the sooner to grow to some certainty of the Judgment of the House in this cause moved these questions to the House viz. First Whether they would limit a time certain or a reasonable time to any Member of the House for his priviledge The House Answered a convenient time Secondly Whether Mr. Martin was Arrested within this reasonable time The House Answered yea Thirdly If White should be punished for arresting Martin The House Answered no because the arrest was twenty days before the beginning of the Parliament and unknown to him that would be taken for reasonable time But the principal cause why Martin had his priviledge was for that White the last Session mistaken for Meeting of Parliament arrested Mr. Martin and then knowing him to be returned a Burgess for this House discharged his Arrest And then afterwards Mr. Martin again returning out of his Country to London to serve in this House Mr. White did again arrest him and therefore this House took in evil part against him his second Arrest and thereupon judged that Martin should be discharged of his second Arrest out of the Fleet by the said Mr. White Vide Febr. 27 Monday The Bill to avoid fraudulent assurances made in certain Cases by Traytors was sent down from the Lords to the House of Commons by Dr. Ford and Serjeant Gawdie Nota That this Bill is not mentioned to have been sent down from the Lords to the House of Commons which as it should seem happened through the negligence of Mr. William Onslow who at this time supply'd the place of the Clerk of the said House And therefore it is supplied out of the Original Journal-Book of the Upper House On Monday the 13 th day of March Two Bills had each of them one reading of which the second being the Bill against fraudulent Conveyances by Fugitives was read the second time and committed unto Mr. Sollicitor Mr. Recorder of London Mr. Sands and others and the Bill was delivered to Mr. Hughes of Grayes-Inn who with the rest was appointed to meet at Lincolns-Inn this Afternoon The Bill for Fish was brought in by the Committees and Ordered to be ingrosted Vide concerning this Bill on Thursday the 9 th day and on Friday the 10 th day of this instant March foregoing The Bills against delay of Execution by suing Writs of Error was read the second time upon the new bringing in of it by the Committees and upon the question was ordered to be ingrossed The Bill for payment of Edward Fishers debts was read the third time and passed upon the Question A Motion was made by Mr. Cromwell to have some conference with the Privy Council of this House and some others of the same concerning those Gentlemen Members of this House lately committed to the Tower Whereupon these were appointed viz. all the Privy Council
day of November in the first meeting of this present Parliament on the behalf of the Borough of Grantham in the Country of Lincoln against Arthur Hall Gentleman that the said Arthur Hall had Commenced Suits against them for Wages by him demanded of the said Borough as one of the Burgesses of the Parliament in the Sessions of Parliament holden the thirteenth fourteenth eighteenth and twenty third years of the Reign of our Soveraign Lady the Queens Majesty wherein it was alledged that the said Borough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages the Examination of the said cause on the second day of December in the last Session mistaken for Meeting of this Parliament by Order of this House was committed unto Sir Ralph Sadler Knight Chancellor of the Dutchy Sir Walter Mildmay Knight Chancellor of the Exchequer Thomas Cromwell Robert Markham and Robert Wroth Esquires This day report was made by the said Committees that not having time during the last Session of Parliament mistaken for Meeting to examine the circumstances of the cause they had in the mean Season by their Letters advertised my Lord Chancellor that the said cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Borough until this Session of Parliament mistaken for Meeting which accordingly his Lordship had very honourably performed And the said Committees did further declare that having during this Session of Parliament mistaken for Meeting sent for Mr. Hall declared unto him the effect of the complaint against him they had desired him to remit the said wages which he had demanded of the said Borough whom they found very conformable to condescend to such their request and that the said Mr. Hall then affirmed unto them that if the said Citizens of the said Borough would have made suit unto him he would upon such their own Suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly On Thursday the 23 th day of March the Bill for the Queens Majesties most gracious general and free Pardon was sent down from the Lords by Serjeant Gawdie and Doctor Carew which having passed the House was sent back again this Morning unto their Lordships with another Bill which was for the continuance and perfecting of divers Statutes This day finally the Speaker with the rest of the House of Commons being sent for into the Upper House and thereupon repairing thither two Commissions under the Great Seal were read by the first of which her Majesty being absent gave her Royal Assent to ten several Acts or Statutes which passed at this time and by the other this Parliament was dissolved Nota That all this days Passages are supplied out of the Upper House Journal THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 31 Reginae Eliz. Anno Domini 1588. which began there after one Prorogation of the same on Tuesday the 4 th Day of February and then and there continued until the Dissolution thereof on Saturday the 29 th Day of March Anno Domini 1589. THE Queens Majesty soon after that her wonderful and glorious Victory which God Almighty had given her Navy over that vainly stiled Invincible Armado sent against her Realm of England by the Spanish King summoned this her High Court of Parliament to begin on Tuesday the 12 th day of November that present year 1588. and the 30 th year of her Reign that so by common Advice and Counsel she might prepare and provide against the inbred malice of that Prince and Nation Sir Christopher Hatton Knight her Majesties late Vice-Chamberlain being made Lord Chancellor in the room and stead of Sir Thomas Bromley Knight who having been sick a great part of the last Parliament dyed in April following Anno 29 Regin Eliz. Anno Domini 1587. But other occasions of some importance requiring the deferring of the said Assembly her Majesty Prorogued the same in manner and form following Memorandum That whereas the Queens Majesty by her Writ summoned her Parliament to begin and to be holden at Westminster this present Tuesday being the 12 th day of November her Highness for certain great and weighty Causes and Considerations her Majesty specially moving by the advice of her Privy Council and of her Justices of both her Benches and other of her Council learned did Prorogue and adjourn the said Parliament until the 4 th day of February next by virtue of her Writ Patent sealed with the Great Seal and bearing date the 15 th day of October last past Whereupon at this said 12 th day of November the Archbishop of Canterbury Sir Christopher Hatton Lord Chancellor William Lord Burleigh Lord Treasurer the Earl of Huntingdon the Bishop of London and three other Barons repaired to the Parliament-Chamber commonly called the Upper House and there in the presence of the Knights Citizens and Burgesses summoned to the said Parliament declared That her Highness for divers good causes and considerations her specially moving by her Highnesses said Writ had Prorogued the said Parliament from this said first summoned day until the 4 th day of February next Whereupon the Writ for the said Prorogation in the presence of all that Assembly was openly read by the Clerk of the Upper House in haec verba ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad praesens Parliamentum nostrum apud Civitatem nostram Westmonasterii 12 die Novembris proximè futuro inchoand ' tenend ' convocatis electis vestrum cuilibet Salutem Cùm nos pro quibusdam ardnis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernentibus dictum Parliamentum nostrum ad diem locum praedictos teneri ordinaverimus ac vobis per separalia Brevia nostra apud Civitatem diem praedictum interesse mandaverimus ad tractand consentiend concludend ' super hiis quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum nsque ad in quartum diem Februarii prox ' futurum duximus
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
to the Lords from the House of Commons of which the first was an Act for confirmation of the Subsidy of the Clergy Four Bills also of no great moment had each of them one reading of which the first being a Bill for the continuance of divers Statutes was read secunda vice No mention is made in the Journal-Book of the continuance or Adjournment of the Parliament which seemeth to have been omitted by the Clerks negligence On Wednesday the 26 th day of March Three Bills were read of which the first being a Bill to avoid secret Outlawries of her Majesties Subjects was read tertia vice and sent to the House of Commons by D r Carew One Bill also of no great moment was sent up to the Lords from the House of Commons On Thursday the 27 th day of March divers of the Lords Spiritual and Temporal met but nothing was done saving the continuance of the Parliament unto the day next following On Friday the 28 th day of March Three Bills were sent up to the Lords from the House of Commons of which the first was a Bill for Explanation or Declaration of the Statute of the eighth year of H. 6. concerning forcible Entries the Inditements thereupon found expedite A Bill for the Naturalizing of Joice the Daughter of Ralph Esking Gentleman and Wife of Richard Lambert Merchant born beyond the Seas was read secunda tertia vice and expedited Dominus Cancellarius continuavit praesens Parliamentum usque in Crastinum dimid horae ante septimam On Saturday the 29 th day of March to which day the Parliament had been last continued one Bill for continuance of divers Statutes was read tertia vice and sent to the House of Commons by D r Stanhope and M r Powle M r Doctor Carew in some other places also written Carie and M r Doctor Stanhop do bring from the Lords two Acts viz. the Act of the Queens most gracious general and free Pardon and also the Act of the two Subsidies and four Fifteenths granted by the Temporalty which they carried down to the House of Commons from whence the Bill of Pardon having there passed it was a little after sent back again unto their Lordships by M r Fortescue and others Nota That the sending of these two Bills is omitted in the Original Journal-Book of the Upper House and is therefore supplied out of that of the House of Commons The presence of such Lords as attended her Majesty who was her self this day at the Dissolving of the Parliament in Person is not much differing from that set down on Saturday the 8 th of February foregoing only the two Earls of Northumberland and Essex then absent attended this day as also the Lord Strange the Lord Morley the Lord Talbot the Lord Wentworth and the Lord de la Ware were at this time also present though not then Whereas the Lords Audeley and Cromwell then present were now absent and for the Spiritual Lords it appeareth not at all who were present These being thus set and the House of Commons with Serjeant Snagg their Speaker being let into the Upper House the said Speaker according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free testimony of the faithful and loyal respects of their Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses After the passing of which Bills the Dissolution of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum It should seem that her Majesty gave her Royal Assent and that this Parliament was Dissolved this present Saturday the 29 th day of March in the Forenoon contrary to the usual course in such cases accustomed for it appeareth in all other Journals for the most part to have been deferred till the Afternoon and that this present Parliament was so Dissolved as aforesaid it appeareth plainly by the last continuance of it on Friday immediately foregoing to this day in the Forenoon half an hour before seven of the Clock to which early and unusual time of the day I suppose it was continued because all things might be better expedited against her Majesties coming THE JOURNAL OF THE House of COMMONS An Exact and perfect Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 31 Reginae Eliz. Anno Domini 1588. which began there after one Prorogation of the same on Tuesday the 4 th Day of February and then and there continued until the Dissolution thereof on Saturday the 29 th Day of March Anno Domini 1589. THIS Parliament was Summoned about three Months after Gods miraculous preservation of Religion the Realm and her Majesties Person from the ambitious and bloody Conquest of the Spanish King and therefore the House did not only regard their private business as the passing of Bills discussing Elections preserving their Priviledges and the like with which this Journal is abundantly stored but also the publick safety of her Majesty and her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths and Tenths and two entire Subsidies the Clergy also adding two Subsidies of their own and by desiring her also in the conclusion of this Parliament to denounce open War against the King of Spain who had so lately invaded her whom they concluded to have been the Root and Fountain of all the Conspiracies practised and of all the Rebellions raised against her Majesty Although this Parliament had been summoned to have begun and to have been holden on Tuesday the 12 th day of November last past yet it held not but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the 4 th day of February in the thirty first year of the same On which said Tuesday the 4 th day of February it held accordingly and her Majesty came in Person unto the Upper House where Sir Christopher Hatton being now Lord Chancellor in her Highness presence declared unto the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of the House of Commons then and there Assembled how great happiness they enjoyed under her Majesties peaceful and victorious Reign and that though the Spanish late Wonderful Fleet had been lately defeated yet there wanted not still power and malice in him against this Nation and her Majesty and so much the more implacable it may be conjectured he now remains because of his late defeature and loss before-mentioned And therefore he shewed that the cause of the calling of this Parliament was to provide by common Counsel against all his future attempts And lastly he gave notice to
Her Majesty thinketh this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability for that one dischargeth himself and the other is not able to satisfie what he is charged withal These things would be reformed by such as are Commissioners in this present service Her Majesty further hath willed me to signify unto you that the calling of this Parliament now is not for the making of any more new Laws and Statutes for there are already a sufficient number both of Ecclesiastical and Temporal and so many there be that rather than to burthen the Subject with more to their grievance it were fitting an Abridgment were made of those there are already Wherefore it is her Majesties Pleasure that the time be not spent therein But the principal Cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding of those intended Invasions which are now greater than were ever heretofore heard of And whereas heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and of vain ostentations more than in speaking things of substance The time that is precious would not be thus spent The Sessions cannot be long by reason the Spring time 't is fit that Gentlemen should repair to their Countries the Justices of Assize also to go their Circuits So the good hours should not be lost in idle Speeches but the little time we have should be bestowed wholly on such businesses as are needful to be considered of And so willed them to Elect a Speaker As soon as the Lord Keepers Speech was ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the ancient use and form which were as followeth viz. Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Lord Chief Justice of the Kings-Bench John Clynch one of the Justices of the Kings-Bench Francis Gawdy another of the Justices of the said Bench Doctor Awberry and Doctor Ford. They which will deliver Petitions are to deliver the same within six days next ensuing Receivors of Petitions for Gascoign and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir William Perrian Lord Chief Baron and Thomas Walmsley one of the Justices of the Common-Pleas Doctor Cary and Doctor Stanhop And they which will deliver Petitions are to deliver the same within six days next ensuing Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquess of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Pembroke the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton All these or any four of them calling to them the Lord Keeper of the Great Seal of England and the Treasurer and the Queens Serjeants when need shall require shall hold their places in the Chamberlains Chamber Tryors of Petitions for Gascoign and other parts beyond the Seas and the Isles the Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst These or any four of them calling unto them the Queens Serjeants when need shall require shall hold their places in the Treasurers Chamber Nota That all that which is set down touching the coming up of those of the House of Commons into the Higher House and the Lord Keepers Speech being before placed after the names of such Lords Spiritual and Temporal as were this day present is not found in the Original Journal-Book of the Upper House but is here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament And I have always thought it most fitting in all these several Journals ever to refer the aforesaid Speeches the Presentments of the Speakers and such other Passages as are wholly handled and agitated in the Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for Orders sake to give a short touch or remembrance of them in the Journal of the House of Commons Finally at the Conclusion of this days business the Continuance of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Custos magni Sigilli ex Mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox ' futurum On Thursday the 22 th day of February to which day the Parliament had been last continued the Queens Majesty her self came about three of the Clock in the Afternoon accompanied by the Archbishop of Canterbury Sir John Puckering Knight Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquess of Winchester and divers others of the Lords Spiritual and Temporal being for the most part the very same that are by name set down to have been present on Monday foregoing the first day of this Parliament The Queen and the Lords being thus set the House of Commons had notice thereof who immediately thereupon came up with Edward Cooke Esquire the Queens Sollicitor into the Upper House whom they had Chosen for their Speaker or Prolocutor Which said Speaker being led up to the Bar at the nether end of the said House between two of the most Eminent Personages of the House of Commons who as soon as silence was made and the rest of the said House as many as could conveniently get in had placed themselves in the space below the said Bar spake as followeth YOur Majesties most loving Subjects the Knights Citizens and Burgesses of the House of Commons have nominated me your Graces poor Servant and Subject to be their Speaker This their nomination hath hitherto proceeded that they present me to speak before your Majesty Yet this their nomination is only as yet a Nomination and no Election until your Majesty giveth Allowance and Approbation For as in the Heavens a Star is but opacum Corpus until it have received light from the Sun so stand I Corpus opacum a Mute Body until your Highness bright shining Wisdom hath looked upon me and allowed me How great a Charge this is to be the Mouth of such a Body as your whole Commons represent to utter what is spoken Grandia Regni My small Experience being a poor Professor of the Law can tell But how unable I
who accordingly were admitted to their several places Two Bills also this Morning of no great moment had each of them one reading of which the first was the Bill for the better Assurance and Confirmation of the Jointure of the Lady Margaret Countess of Cumberland which was read prima vice On Thursday the first day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being the Bill for the Assurance of certain Lands sold to Liste Cave and others was read primâ vice On Saturday the third day of March to which day the Parliament had been continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the first being against Counterfeiting of Councellors and principal Officers hands was read primâ vice On Monday the 5 th day of March to which day the Parliament had been last continued on Saturday foregoing Three Bills of no great moment had each of them one reading of which the second being against Counterfeiting of Councellors and principal Officers hands was read secundâ vice commissa ad ingrossand 5 Martii introductae sunt literae procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh The saurarium Angliae Robertum Comitem Essex Vicecomitem Hereford ' Dominum Ferrers de Chartly Quod nota On Tuesday the 6 th day of March the Bill for the Assurance of Land sold to Lisle Cave was read tertiâ vice On Wednesday the 7 th day of March to which day the Parliament had been last continued Retornatum est breve quo Johannes Salisburien ' Episcopus praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno There was also brought up to the Lords from the House of Commons a Bill for the Naturalizing and making free of William Sidney Son of Sir Robert Sidney Knight Governor of Flushing and Dame Barbara his Wife and of Peregrine Wingfield Son and Heir of Sir John Wingfield Knight and Dame Susan Countess of Kent his Wife And this day also was one extraordinary or unusual Proxy returned from a spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxy is thus Entred in the begining of the Original Journal-Book of this Parliament 7 Martii introductae sunt literae procuratoriae Matthaei Dunelmensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 8 th day of March to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason Not long after this Bill upon the second reading had been committed to ingrossing according to a certainOrder formerly made by the Lords Francis Englefield Esquire appeared before them with one of the Learned Councel who were commanded to declare why an Act for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason should not pass And upon Allegations made by the said Learned Councel the Lords Commanded that they should set them down in writing and deliver them to the Attorney General and that on Friday they should attend on the Judges and the Queens Learned Councel at Serjeants-Inn and shew such Deeds of Conveyance as they made mention of before the Lords That the said Lords upon Answer of the Judges and Learned Councel might proceed in the said Bill as it should seem best to their Lordships On Saturday the 10 th day of March to which day the Parliament had been last continued the Bill for Naturalizing and making free of William Sidney the eldest Son of Sir Robert Sidney K t c. being read primâ vice the Lords gave in Commandment to M r Attorney General to bring on Monday certain Depositions remaining in the Exchequer concerning the Cause of Sir Francis Englefield after they had first heard the Opinion of the Judges which was delivered to the Lord Chief Justice of England On Monday the 12 th day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for restraining of Popish Recusants to some certain places of aboad was read tertia vice conclusa On Tuesday the 13 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the Lands of Henry Lord Abergavenny deceased was read tertiâ vice conclusa The Lords at the Bishop of Worcesters Motion condescended to a Contribution for relief of such poor Souldiers as went begging in the Streets of London viz. That every Earl should give forty shillings every Bishop thirty shillings and every Baron twenty shillings And appointed the said Bishop and Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and the Lord Willoughby of Eresby On Thursday the 15 th day of March to which day the Parliament had been last continued Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Lord Harowden was read primâ vice On Friday the 16 th day of March Two Bills of no great moment of which the first being against persons Outlawed and such as will not pay their Debts and Duties was read tertia vice conclusa And then the Lord Keeper continued the Parliament in the usual form to Monday following On Monday the 19 th day of March the Bill touching the Lord Harowden was read secunda vice commissa ad ingrossandum On Tuesday the 20 th day of March the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills were also this Forenoon sent up to the Lords from the House of Commons of which the second touching the sale of certain Mannors Lands and Tenements from Valentine Knightley Esq c. was read prima vice On Thursday the 22 th day of March Two Bills of no great moment had each of them one reading of which the second concerning the Assurance of certain Lands and Tenements to Read Stafford Esquire and Mabell his Wife and to the Heirs of the said Read was read secunda vice On Saturday the 24 th day of March the Bill touching the Lord Harowden was upon the third reading concluded Four Bills were brought up to the Lords from the House of Commons of which the second was concerning the lawful deprivation of Edmond Bonner late Bishop of London On Monday the 26 th day of March to which day the Parliament had been
Ecclesiae tangentibus Your Highness Wisdom and exceeding Judgment withal careful Providence needed not your Councils But yet so urgent Causes there were of this Parliament so important Considerations as that we may say for that we cannot judge never Parliament was so needful as now nor any so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken this sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King quia later a habet latiora he is placed in the midst of their habitations ut in tutissima turri They forrage abroad sucking Honey from ever Flower to bring to their King Ignavnm fuces pccus à praesepibus arcent The drones they drive away out of their Hives non habentes aculeos And who so assails their King in him immittunt aculeos tamen Rex ipse est sine Aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your Wings we live and wish you may ever sit upon your Throne over us And whosoever shall not say Amen for them we pray ut convertantur ne percant ut consundantur ne noccant Under your happy government we live upon Honey we suck upon every sweet Flower But where the Bee sucketh Honey there also the Spider draweth Poyson Some such venoms there be But such Drones and Door Bees we will expel the Hive and serve your Majesty and withstand any enemy that shall assault you Our Lands our Goods our Lives are prostrate at your feet to be commanded Yea and thanked be God and Honour be to your Majesty for it such is the power and force of your Subjects that of their own strength they are able to encounter your greatest enemies And though we be such yet have we a Prince that is sine Aculeo so full of that Clemency is your Majesty I fear I have been too long and therefore to come now to your Laws The Laws we have conferred upon this Sessions of so Honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek Life The first sort are those Laws that had continuances until this Parliament and are now to receive new Life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the Honour where it is due for they come from the Noble wise Lords of the Upper House the most Honourable and beneficial Laws that could be desired the one a confirmation of all Letters Patents from your Majesties most Noble Father of all Ecclesiastical Livings which that King of most renowned memory your Father took from those Superstitious Monasteries and Priories and translated them to the erecting and setting up of many Foundations of Cathedral Churches and Colledges greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinate Recusant and the dangerous Sectary both very pernitious to your Government Lastly Your loving and obedient Subjects the Commons of the Lower House humbly and with all dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great offences are pardoned But it extendeth only to offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your Majesties most gracious Pardon The Lord Keeper received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speakers Oration very excellently and exactly done And those things which follow are to this or the like purpose viz. That her Majesty did most graciously accept of these Services and Devotions of this Parliament commending them that they had imployed the time so well and spent it in so necessary affairs save only that in some things they had spent more time than needed But she perceived that some men did it more for their satisfaction than the necessity of the thing deserved She misliketh also that such irreverence was shewed towards Privy Councellors who were not to be accounted as common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the other are standing Councellors and for their wisdom and great service are called to the Council of the State That the Queens Majesty had heard that some men in the Cause of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now imminent That her Majesty would not have the people seared with a report of great dangers but rather to be encouraged with boldness against the Enemies of the State And that therefore she straitly charged and commanded that the Mustered Companies in every Shire should be supplied if they were decayed And that their Provisions of Armor and Munition should be better than heretofore it hath been used That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects But except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasures were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not have charged her Subjects nor have accepted of this they give her The Lord Keeper's Speech being ended after some time of Intermission the Queen being set in her Chair of State used a Princely Speech unto the House of which the greatest part was to the effect and purpose following viz. THis Kingdom hath had many Wise Noble and Victorious Princes I will not compare with any of them in Wisdom Fortitude and other Vertues but saving the Duty of a Child that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge that my Womanhood and weakness in that respect But
She did find in her Navy all Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subject's but a petty King's wealth As for her own private Expences they have been little in building she hath consumed little or nothing in her pleasures As for her Apparel it is Royal and Princely beseeming her Calling but not sumptuous nor excessive The Charges of her House small yea never less in any Kings time And shortly by Gods grace she will free her Subjects from that trouble which hath come by the means of Purveyors Wherefore she trusteth that every good subject will assist her Majesty with his Purse seeing it concerns his own good and the preservation of his estate For before that any of us would lose the least member of his body we would bestow a great deal and stick for no Cost nor Charges How much more ought we in this political Body whereof not only a member but the whole is in jeopardy if we do not once hast to the preservation thereof And for these Subsidies which are granted now adays to her Majesty they are less by half than they were in King Henry the 8th's time Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies yet she had truly repaid and answered every one fully He desired the matter might be put to a Committee Sir Edward Stafford spake next to the like effect but what his said Speech was is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present M r Francis Bacon spake last whose Speech was to the effect following viz. M r Speaker That which these Honourable Personages have spoken of their Experiences May it please you to give me leave likewise to deliver of my common knowledge The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys The one being the Sinews of Peace the other of War To the one I am not privy but the other I should know I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly nor at one Parliament nor scarce a whole year would suffice to purge the Statute-Book and lessen the Volume of Laws being so many in number that neither Common People can practise them nor the Lawyer sufficiently understand them Than the which nothing should tend more to the praise of her Majesty The Romans appointed ten men who were to correct and recal all former Laws and to set forth those Twelve Tables so much of all men to be commended The Athenians likewise appointed six for that purpose And Lewes the 9 th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches out of which they are all taken yet it should seem that the main end and scope of the ensuing particulars of this Speech which are omitted were for the appointing of a select and grave Committee both to consider of the dangers of the Realm and of speedy supply and aid to be given to her Majesty And thereupon after the Conclusion of this Speech of M r Francis Bacon's the House did accordingly nominate the said Committee to deliberate and consult in what proportion they might now to relieve her Majesty with Subsidies in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions The names of which said Committees are set down in the Original Journal-Book of the House of Commons though omitted in that other before-mentioned taken by the said Anonymus in manner and form following viz. All those of this House which are of her Majesties Privy-Council all the Members of this House which are returned Knights for the Counties Sir Walter Raleigh Sir Thomas Cecill M r George Moore Sir Henry Unton M r Wroth Sir Thomas Wilkes M r Francis Bacon M r Nathanael Bacon M r George Cary M r Beale M r Fulk Grevill M r Attorney of the Wards M r Attorney of the Dutchy Sir John Paton M r Robert Sackvill Sir Francis Hastings all the Serjeants at Law which were Members of this House Sir John Hare M r Doctor Caesar M r Doctor James M r William Haward M r Sands Sir Robert Sidney M r Fanshaw Sir Thomas West Sir John Warrington Sir Thomas Read Sir Francis Drake M r Thomas Fane M r Vincent Skinner Sir William Moor M r Fuller M r Heyle M r John Hare M r Shinne M r Christopher Blount M r Edward Lewkenor Sir William Bowes Sir John Wingfield M r Tasborough Sir Edward Stà fford M r Lawrence Fanshaw M r Nicholas Saunders M r Doctor Lewen Sir Thomas Flodd Sir Francis Gudolphin Sir Francis Vere M r Edward Dyer M r Conisby M r Boyse M r Apselie and M r Emersam should be nominated and appointed to have Conference in the said Cause and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon On Tuesday the 27 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Woollen Cloaths called Vesses Rayes c. was read the first time M r Morrice Attorney of the Court of Wards moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition subscription and binding absolution contrary he said to the honour of God the Regality of her Majesty the Laws of this Realm and the liberty of the Subjects of the same compelling them upon their own Oaths to accuse themselves in their own private actions words and thoughts if they shall take such Oaths because they know not to what questions they shall answer till after the time they be sworn And also after such Examination proceed against them by deprivation degradation or suppression upon such their own Accusations of themselves And if they refuse to take such Oath then they commit them to Prison and there keep and detain them at their own pleasure not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities and offereth unto M r Speaker two Bills the one concerning the said Inquisitions subscriptions and offering of Oaths and the other concerning the Imprisonments upon their refusal to the said Oaths praying that the said latter Bill which concerneth the said Imprisonments might be read and the
tryal But it cannot be proved so ancient as the manner of tryals by accusations For in John the Adulterous Woman being brought to Christ he asked who were her Accusers And for that manner of Accusation the Lawyers themselves speak against it for one saith of it Ut libere fatear quod sentiam nunquam mihi placebat For Subscription the Statute alledged is meant but a Subscription to certain Articles in Religion and not a Subscription in this form And because it is allowed in Geneva so to allow it here that is no reason For in Geneva there be many things allowed which the party speaking would I dare say be loth to have used here As to Absolution there is no such Oath to be required therein in our Writ de Excommunicato capiendo as was said So I think the Bill very worthy and fit to be read Then Sir Robert Cecill Spake and said I am unwilling to speak yea I speak against my Will and to answer Speeches well studied and premeditated upon the sudden it is hard for me What the Bill containeth I am ignorant of and whether to allow of it or not I will suspend my opinion To say the truth the man that offered it was learned and wise and one whom I love yet a Bill to be offered and inforced in this sort being of such effect I know not how to allow of it For her Majesty had straitly forbidden to meddle in such Cases yet not forgetting the Cause she had in her Excellent wisdom cared and pretended that a redress should be had of things that are amiss To which end her Majesty before the Parliament summoned had directed her Letters to the Archbishops to certifie her Now her Highness Care for our good shall be prevented by our hasty speaking of these things before our time Sure it is not fit and her Majesty cannot but be offended at it For the Bill I protest I know it not but it seemed to contain things needful Wherefore it were fittest it should be commended to her Majesty and so recommended unto us And if I may do this Office and Service for the House I will in all dutiful Loves and Service do it But if the other course be taken I fear the things sought will be denied for the violence used in it Then M r Speaker said In favour and free love above my merits or desert you have Elected me which should bind me to do all my best Service and to be faithful toward you This Bill delivered me is long and containeth important matters of great weight and such matters as cannot be expressed in four words It hath many parts and if you put me presently to open it I cannot so readily understand it and do it as I should For indeed it is a matter far above my ordinary practice and to deliver a thing before I conceive it I could not Wherefore if it would please you to give me leave to consider of it I protest I will be faithful and keep it with all Secrecy Hereupon the House was in question whether it should be committed to the Speaker only or to the Privy-Council and him but it was holden to be against the Order of the House that any Bill should be committed before it was read Therefore upon a Motion made by M r Wroth it was agreed that M r Speaker should have it This Afternoon at two of the Clock M r Speaker was sent for to the Court where the Queen her self gave him Commandment to deliver unto the House ..... and so the matter abruptly breaks off in the said Anonymous Journal mentioned more particularly in the beginning of this present Journal out of which all these aforesaid Speeches are inserted But that which should here follow can be no more but only that her Majesty did Command him to deliver a certain Message to the House the day following which he did then perform accordingly Vt vide postea in fine diei sequentis Finally the last business of this Forenoon was the reading and committing of an ordinary Bill which is inserted out of the Original Journal-Book it self The Bill lastly that a Bar at large may be pleaded in an Ejectione firmae was upon the second reading committed unto M r Edgecombe Sir Henry Knivet and the Serjeants at Law that are Members of the House Mr. Attorney of the Wards and others who were appointed to meet upon Thursday next at two of the Clock in the Afternoon at Serjeants-Inn in Flectstreet On Wednesday the 28 th day of February the Bill for reducing of disloyal Subjects to their due Obedience was read the second time Nota That before this Bill was committed divers spake unto it which being omitted in the Original Journal-Book after the mentioning of the second reading thereof I thought good to supply the said Speeches out of that Anonymous Journal so often before-mentioned and the rather because this Bill being against Popish Recusants the said Speeches do contain matter of much weight in them Mr. Cradock after the said Bill against Recusants had been opened by Mr. Speaker upon the second reading thereof spake as followeth There is no man as I think so irreligious towards God so unloyal towards her Majesty so careless of the common Statutes but thinks the Bill to be good and the Law very necessary before it be Enacted Yet it were fit every part of it were considered of and reformed The thing to be reformed is this The words of the Act being Every person that shall receive a Recusant c. And thus the Purvey being General the good Subject may be grieved by this Law and he that shall have but a Recusant in his Custody shall be within the letter of the Law for receiving a Recusant into his House Things to be considered are first Whether it be good to deprive them of all their goods for so we shall leave them no means of living Secondly Whether the Parties that be now Recusants being reconciled if they fall into relapse and afterwards be newly reconciled again shall be enabled to take benefit of their Lands and goods for'tis hard if after their repenting they be not restored Then Mr. Philips Answering all Objections against the Bill affirmed it sufficient in all points and that neither the sence nor the letter could be prejudicial to the good Subject Only he could have wisht it were provided that the Recusant should not use this Law to his benefit by procuring Commons to be their Friends and take Leases of their own Lands answering the Queens Title Mr. Finch made this Question Whether those that came not to Church by reason of the mislike they had of the Church Government shall be in like Case as a Recusant Papist Mr. Tichburn said he could have provided that the Father should not disinherit the Son nor have power so to do for being made conformable by him that should have the bringing of him up Then Mr. Nathanael Bacon spake and said The Children
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
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
three to have spoken striving who might speak first Then the Speaker propounds it as an Order in the House in such a Case for him to ask the parties that would speak On which side they would speak whether with him that spake next before or against him and the party that speaketh against the last speaker is to be heard first And so it was ruled Where it may seem that the Speaker did give admonishment sitting in the House as a Member thereof and not sitting in his Chair as Speaker which he never doth at any Committee although it be of the whole House After which some able Member of the House whose name is not set down spake next and said I could very well agree to the Subsidies if they were not prejudicial to the Subject in other services For Subsidies be in the valuation of every mans Lands and Goods by Records called the Queens Books and according to mens valuation of Subsidies are they at all other charges as to the Wars and in time of Muster with Horse and Armour and this charge maketh men so unwilling to be raised in the Subsidy but if these Subsidies brought in no other charge with them they would be yielded willingly But the tail and appendage of it being so great and higher than the Subsidy it self is the reason that men are so unwilling to yield it Wherefore if a greater Tax or Assessment than heretofore be desired I would wish a Proviso to be added in the Statute That by this Subsidy no man should be raised as to the defray of other charges above the rate they were put to before Sir Francis Godolphin wished the first payment might be at Midsummer for after that time the Receivors had the benefit of the money The next to be at Michaelmas for at that time men would have it in the benefit of their Corn and Commodities And so in four years and a quarter the Subsidy would be paid with more ease M r Lewes agreed to the Subsidies and desired that two things might be granted whereby the Subject should be inriched and the better inabled to pay the Subsidy That is that one liberty may be granted which is transporting of Corn and the other is for somewhat to be restrained viz. bringing in of Wines so abundantly for the vent of our Cloth amounteth not to the sum of our Vintage srugem patrem-familias vendacem non emacem est oportet And thinks it good that the Statutes made heretofore against excess in Apparel might be put in Execution M r George Moore said I am grieved to see it and I speak it with grief how perilous our Estate is and how dangerous a cause we be in We are not sick of one Disease but we labour with a plurality of Diseases To meet therefore with our threefold Diseases we ought like good Physicians to apply a threefold remedy a treble Subsidy And as the Physick is lost which is not taken in time so we must seek to minister the Medicine in good time And our Disease being a Pleurisie it is fit we did so For a skilful Physician though he see in a Pleurisie there is no remedy without letting Blood yet he will then chuse the time of letting Blood when the sign is furthest from the heart Let us let the people Blood and so prevent the danger M r Heyle said If we take care for our Posterity we had best to settle our Posterity which will not be except we prevent dangers now imminent For precedents of Subsidies they are not to be feared because before-time greater were required than ever since were granted Therefore this is no Rule that what we grant now will hereafter be required ..... In the sixth year of King John every one holding by a Knights Fee was bound to find a Knight in the Wars And for this present Law it may be Enacted that this shall be no precedent for Subsidies hereafter like as it was in the fourteenth of Edward the Third Sir Robert Cecill assented to those that had spoken for the Subsidies but to them that had spoken to the contrary he said they speak out of time And to speak to the particular parts as that our Poverty is not to be skinned over but throughly healed that discontentment is to be feared and lastly that precedents for hereafter would be avoided For the first if we be poor yet at this time it is to be considered we are in great danger and of two mischiefs we must chuse the lesser And therefore I would have this question after so much discussing banished the House For Precedents they have never been perpetual but begun and ended with the Causes and as the Causes grew so grew the Precedent In her Majesties time it is not to be feared that this Precedent will ever do us harm for her Majesty will never accept any thing that is given her unwillingly of her Subjects Nay in the Parliament the twenty seventh of her Reign she refused a benevolence offered her because she had no need of it and would not charge her people This being out of fear we have no reason to give prejudice to the best Queen or King that ever came for fear of a worse King than ever was After her Reign I never had so much as one Idea in my Head what would be our Estate then Now to end the matter long debated my desire is that the question might be made for three Subsidies payable in four years This question was made in the House and at the first they gave an I. Thus far out of the aforesaid Anonymous Journal that which follows is out of the Original Journal-Book it self On Thursday the 8 th day of March M r Speaker shewed unto the House that according to the appointment of this House he hath attended the Lord Keeper touching his Lordships pleasure for the directing of a new Writ for the chusing of another Burgess for the Borough of Southwark in the County of Surrey instead of Richard Hutton supposed to have been unduly and undirectly Elected and also for the allowing of Sir George Carew Knight to be Burgess for the Borough of Camelford in the County of Cornwall as truly returned Burgess of the said Borough of Camelford to the Sheriff of the said County in the stead of Richard Leech alledged to have been returned to the said Sheriff by a false Return And also for changing of the name of John Dudley Esq returned a Burgess for the Borough of Newtown in the County of Southampton into the House by the name of Thomas Dudley Esquire alledged to be the same person in very deed that should have been returned and that his name was mistaken and none living known by that name of John Dudley His Lordships Answer and Resolution in the said Cases was that the said Returns of the said Burgesses of Southwark and Camelford should stand and continue according to the Returns of the same without taking notice of any matter 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
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
Darcy de Chiche Dominus North. Dominus Shandois Dominus S t John de Bletso Dominus Buckhurst Dominus Compton These Lords Spiritual and Temporal being sat and her Majesty placed in her Chair of Estate the Knights Citizens and Burgesses of the House of Commons upon notice thereof repaired thither and being as many as conveniently could let in Sir Thomas Egerton by her Majesties Commandment spake as followeth viz. THE Queens most Excellent Majesty my most Gracious and Dread Soveraign hath commanded me to declare unto you my Lords and others here present the Causes which have moved her Highness to summon this High Court of Parliament at this time Which before I can express I must confess truly That the Royal presence of her Majesty the view of your Lordships and this honourable Assembly together with the consideration of the weightiness of the service and my own weakness do much appal me and cause me to fear Wherefore if either through fear I forget or through the many wants and imperfections which I have I fail to perform that duty which is required I do most humbly crave pardon of her Majesty and beseech your Lordships to bear with me The great and Princely Care which her Highness now hath as heretofore she hath ever had to preserve her Kingdoms in Peace and Safety from all Foreign Attempts hath caused her at this present to assemble this honourable and great Council of her Realm to advise of the best and most needful means whereby to continue this her peaceable happy Government and to withstand the malice of her weighty and implacable Enemies which hitherto by the space of many years through her provident and Princely Wisdom hath been performed to the great and inestimable benefit of her Subjects as that the simplest amongst them could not but see and the wisest but admire their happiness therein the whole Realm enjoying Peace in all Security wherein our Neighbour Countries have been torn in pieces and tormented continually with cruel and bloody Wars This her Majesty is pleased to ascribe to the mighty Power and Infinite Mercy of the Almighty And therefore it shall well become us all of all sorts most thankfully upon the Knees of our Hearts to acknowledge no less unto his holy name who of his infinite goodness still preserves her Highness and send her many years over us all in Happiness to Reign In this her blessed Government her Highness chief care and regard above all hath been of the Honour and Service of Almighty God that true Religion might be planted and maintained in the hearts of her people through all the parts of her Realms and as well in that behalf as for the peace and benefits of her Subjects she hath from time to time established many good Laws to meet with the disorders and to punish the offences of wicked and ungodly men that continuing in their bad ways they might not be hardned and go forward in their wickedness For Mora in peccato dat incrementum sceleri And whereas the number of Laws already made is very great some of them being obsolete and worn out of use others idle and vain serving to no purpose some again over-heavy and too severe for the offence others too loose and slack for the faults they are to punish and many so full of difficulty to be understood that they cause many Controversies and much trouble to arise amongst the Subjects You are to enter into a due consideration of the Laws and where you find superfluity to prune and cut off where defect to supply and where ambiguity to explain that they be not burthensome but profitable to the Common-Wealth Which being a Service of importance and very needful to be required yet as nothing is to be regarded if due mean be not had to withstand the malice and the force of those professed Enemies which seek the destruction of the whole State this before and above all is to be thought of and with most endeavour and care to be provided for For in vain are Laws made and to little purpose will they serve be they never so good if such prevail as go about to make a Conquest of the Kingdom Wars heretofore were wont to be made either of Ambition to enlarge Dominions or of revenge to quit injuries But this against us is not so in this the Holy Religion of God is sought to be rooted out the whole Realm to be subdued and the precious life of her Excellent Majesty to be taken away Which hitherto by the powerful hand and great goodness of the Almighty hath been preserved mauger the Devil the Pope and the Spanish Tyrant and all the mischievous designs of all her Enemies Wherefore it is high time that this be looked unto and that no way be left unsought nor means unused which may serve for defence thereof Her Majesty hath not spared to disburse a Mass of Treasure and to sell her Land for maintenance of her Armies by Sea and Land whereby with such small helps as from her Subjects have been yielded she hath defended and kept safe her Dominions from all such forcible attempts as have been made Which being still to be performed by infinite charge her Majesty doth notwithstanding hear of nothing more unwillingly than of Aids and Subsidies to be returned from her people though what she doth receive she doth carefully bestow and infinitely more of her own The Taxations at this day howsoever they seem are nothing so great as heretofore in the Reign of former Kings they have been In the time of Edward the third the two next before him and those three which succeded after him the payments of the Commons did far exceed any that have been since her Majesties Reign which is of Record in Histories to be seen but never cause so great to imploy great sums of Money as now Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties exceeding charge which at this present she is at and is to continue for the defence of the Realm He cannot be well advised who in this case will not be forward to contribute and bestow whatsoever he hath For if with the Common-wealth it go not well well it cannot be with any private or particular person that being in danger He that would seek to lay up Treasure and so inrich himself should be like to him that would busy himself to beautify his House when the City where he dwelleth were on fire or to deck up his Cabbin when the Ship wherein he saileth were ready to drown so as perish he must of necessity either with it or for it To spare in that Case is to spare for those which seek to devour all and to give is to give to our selves her Majesties part only being carefully to bestow what is delivered into her hands Wherein men performing their Duties there is no Cause at all to fear for this War is just
away of Women against their Wills unlawfully together with the Proviso annext unto it by the consent of the House was read tertiâ vice and afterwards sent down to the House of Commons that the Proviso there might be considered of And so the Parliament continued till Saturday the 19 th day of November at nine of the Clock On which day the Bill touching the School of Sevenoake was read primâ vice Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivors which said Bill had been yesterday committed upon the second reading although the mention of the said reading and Commitment be purposely omitted and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lords and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17 th day of this Month through the negligence of the Messenger unto whom the same was delivered and now his Lordship wanting health to give his Attendance desireth to be excused of his absence the Earl of Worcester and the Earl of Southampton testifying his sickness Introductum est breve Radulphi Domini Evers quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno On Monday the 21 th day of November to which day the Parliament had been last continued on Saturday foregoing Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was read primâ vice Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivors c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence Vide concerning this Bill on Saturday the 19 th day of this instant November foregoing On Tuesday the 22 th day of November Two Bills of no great moment had each of them one reading of which the first being the Bill for the establishment of the new Colledge of the Poor of Cobham in the County of Kent was read primâ vice Three Bills also of no great moment were each of them sent up to the Lords from the House of Commons of which the first was an Act formerly sent to them with a Proviso from this House thereunto added concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully The Committees upon the Bill of Tellors Receivors c. meeting at the little Chamber near the Chamber of the Parliament presence and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved did refer the Bill to her Majesties Attorney General to be reviewed Vide more of this on Saturday the 19 th day and on Monday the 21 th day of this instant November foregoing On Thursday the 24 th day of November to which day the Parliament had been last continued on Monday foregoing Five Bills had each of them one reading of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesties Reign was read primâ vice This Bill was reviewed by M r Attorney by the appointment of the Committees on Tuesday the 22 th day of this instant November foregoing who then referr'd it unto him and was now brought in instead of the former Bill touching which see before on Saturday the 19 th day and on Monday the 21 th day of November aforesaid And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral the Earl of Worcester the Earl of Southampton the Bishop of London the Bishop of Winchester the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Cobham the Lord Mountjoy and M r Justice Walmesley M r Serjeant Drew and M r Attorney were appointed to attend the Lords Vide November 7 th antea On Saturday the 26 th day of November to which day the Parliament had been last continued on Thursday foregoing Three Bills had each of them one reading of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign touching Tellors and Receivors was read the third time and commanded to be ingrossed A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London who Arrested Edward Barston the Lord Chandois Servant contrary to the priviledge of this House The Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was brought into the House by the Committees whose names see before on Thursday the 24 th day of this instant November foregoing with an Amendment thought sit to be put into the Bill And the Amendment being thrice read the Bill was appointed to be fixed in a Schedule to the Bill On Monday the 28 th day of November to which day the Parliament had been last continued on Saturday foregoing The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors and Receivors was read tertiâ vice and sent to the House of Commons by M r Attorney General and D r Stanhop The Bill that was sent from the House of Commons with this Title viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesties Reign Entituled An Act for the encrease of Mariners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto viz. An Act for encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing
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
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
be thought ill or hurtful unto the general State And I would be sorry to see within this Kingdom that piece of Ovids Verse prove true jam seges ubi Troja fuit so in England instead of a whole Town full of people nought but green Fields but a Shepherd and a Dog The Eye of Experience is the sure Eye but the Eye of Wisdom is the quick-sighted Eye and by Experience we daily see Nemo putat illud videri turpe quod sibi sit quaestuosum And therefore there is almost no Conscience made in destroying the savour of the life Bread I mean for Panis sapor vitae And therefore a strict and rigorous Law had need to be made against those Viperous natures who fulfil the Proverb Si non posse quod vult velle tamen quod potest which if it be made by us and life given unto it by Execution in our several Counties no doubt but they will prove Laws tending to Gods Honour the renown of her Majesty the same of this Parliament and the everlasting good of this Kingdom And therefore I think them worthy to be read and received Thus far out of the aforesaid fragmentary and imperfect Journal that which follows is out of the Original Journal-Book it self In the end of which said Speech as it should seem the said M r Bacon did move the House that a Committee might be appointed to consider of the said matter touching Inclosures Which done Sir John Fortescue Chancellor of the Exchequer in like manner shewed his opinion in this Case much answerable to the said Speech of the said M r Bacon and so moving for a Committee to that end the House did nominate all the Privy Council being Members of this House all the Knights of the Counties and all the Citizens of the Cities returned into this present Parliament Sir Edward Hobby M r Francis Bacon M r Nathaniel Bacon Sir Wiliam Moore M r Sollicitor M r Finch and divers others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon of this present day M r Finch shewing sundry great and horrible abuses of idle and vagrant Persons greatly offensive both to God and the world And further shewing the extream and miserable estate of the Godly and honest sort of the poor Subjects of this Realm moved for a Committee of this House to be selected for consideration to be had for redress thereof Whereupon the same was referred to the former Committees in the Bill touching Inclosures and converting of Tillage into Pasture M r Speaker putteth the House in remembrance for a Committee to be nominated to deal and travel in the examination of such Causes as shall occur in this House touching Priviledge and Returns during this present Sessions of Parliament and from time to time to make Report to this House of their travel and proceedings therein as occasion shall serve Whereupon were nominated all the Privy Council being Members of the House Sir William Moore M r Recorder of London Sir Thomas Knivet M r Attorney of the Dutchy M r Attorney of the Court of Wards M r Doctor Heyward Master of the Requests M r Luke M r Edward Lukenour M r William Cecill M r Robert Wroth Sir William Eyre Sir Francis Hastings M r Miles Sandes M r Michael Stanhop M r Francis Bacon Sir Edward Hobbie M r Sollicitor M r Tasbrough M r Conisby M r George Moore Sir Edward Hastings M r Finch M r Crew M r Peak M r Serjeant Hayle M r Lyel M r Jeram Horsey M r Hubbard M r Amersam M r Edward Boer M r Litten M r Nathaniel Bacon M r Angeire M r Combes and M r Robert Knolls who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber Sir Thomas Knivet being a Member of this House returned one of the Citizens of the City of Westminster shewed unto this House that being a Member of this House he was since the beginning of this Parliament served with a Subpoena to appear in the Chancery which he taketh to be done to the infringing of the priviledge and liberties of this House Wherein praying the consideration of this House in that behalf he is referred to attend the Committees formerly nominated at the said time and place before appointed Vide November 9. The Bill for taking away of Clergy from Offenders against a Statute made in 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read the first time On Monday the 7 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill against Forestallers Regrators and Ingrossers was upon the second reading committed unto M r Chancellor of the Exchequer M r Francis Bacon the Citizens for London York Coventry Bristol and Gloucester M r Nathaniel Bacon and others who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon and the Bill and Committees names were delivered upon Tuesday next following to M r Chancellor of the Exchequer one of the Committees The Bill for taking away of Clergy from Offenders against a Statute made in the third year of H. 7 th concerning the taking away of Women against their wills unlawfully was upon the second reading committed unto M r Sollicitor M r Peutridge M r Recorder of London M r Bayes Mr. Finch Mr. Bourcher and Mr. Duport to go presently together into the Committee Chamber of this House who taking the Bill with them and returning again very soon after they had inserted into the Bill these words viz. hereafter to be committed Which words being read unto the House and not well liked of were strucken out and these words were set down therein by the consent of the House viz. to be committed after the end of this present Session of Parliament and were then twice read And so the Bill upon the question was Ordered to be ingrossed On Tuesday the 8 th day of Nov. Two Bills of no great moment had each of them one reading of which the second being the Bill touching the transporting of Sheep-Skins and Pelts was read the first time Mr. George Moore shewed the great and burthensome charge of the Subjects of this Realm being compelled upon great penalties with the keeping and having of sundry sorts of Armour and Weapons which are altogether unprofitable for any use or service and are charged nevertheless with the finding and providing of such other Armour and Weapons besides from time to time as the Captains which were appointed to take charge upon any occasion of service will call for and appoint at their own pleasure And so for redress thereof and for some certainty to be set down by Law touching the having and keeping of such Armour and Weapons moved that a selected number of this House may be appointed to have Conference and consideration about the same Whereupon were
Town of Northampton Mr. Edward Mountague Sir Edward Hobbie and others And the Bill was delivered to Sir Thomas Cecill All which were appointed to meet at two of the Clock in the Afternoon of this day at Sir Thomas Cecill's House Sir Edward Hobby one of the Committees for the Information of Grants lately moved in this House in Ecclesiastical Causes moved for a new day of meeting Whereupon Monday next in the Afternoon was appointed for the same and to be in this House Nota That although her Majesty had formerly been exceeding unwilling and opposite to all manner of Innovations in Ecclesiastical Government yet understanding at this Parliament of divers gross and great abuses therein she had on Monday the 14 th day of this instant November foregoing not only given leave and liberty to the House of Commons to treat thereof but also had encouraged them to proceed in the reformation thereof by a Message brought unto the said House by Sir John Fortescue Chancellor of the Exchequer Whereupon the aforesaid Committee here mentioned by Sir Edward Hobby was appointed Touching whose further proceedings in the said matter see on Monday the 21 th and on Tuesday the 22 th day of this instant November ensuing The Bill for keeping of Horses from stealing was upon the second reading committed unto M r Hubberd Sir Robert Wroth M r Maynard M r Portington Sir William Brereton M r Henry Nevill M r Pennington and others And the Bill and Committees names were delivered to M r Hubberd who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall The Amendments in the Bill against Forestallers Regrators and Ingrossers were twice read and the Bill was committed to the former Committees who were appointed to meet on Monday the 7 th day of this instant November foregoing And there were added unto them M r Hext Sir Robert Wroth M r Francis Moore M r Litton M r Henry Maynard Sir George Carew M r Henry Hubberd all Barons of Ports and Sir Nicholas Parker who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall And the Bill was delivered to M r Francis Moore and M r Lawrence Hide The Proviso which came from the Lords in the Bill from taking Clergy from certain Offendors and lately passed in this House and sent up unto their Lordships was three times read and passed upon the question M r Hext one of the Committees in the Bill for the Town of Langford Estover who were appointed on Thursday the 10 th day of this instant November foregoing shewed the meeting of the Committees and many Causes wherefore he thinketh the Bill very unmeet to have any passing in this House Whereupon none offering to speak for the said Bill the same was rejected upon the question for ingrossing The Bill for repeal of a Statute of the twenty third of the Queens Majesty Intituled An Act for encrease of Mariners and maintenance of Navigation had its first reading And after some Speeches both with the Bill and against it it was in the end passed upon the question Sir John Fortescue Chancellor of the Exchequer shewed unto the House that this Afternoon being appointed for two Commitments the one touching Monopolies and Patents of Priviledge and the other for the true Answering of the Tenths and Subsidies from the Clergy to her Majesty in both which himself is a Committee amongst others and that himself and M r Secretary Cecill are specially commanded to wait upon her Highness this Afternoon and therefore cannot attend the said Commitments and so moving for a new day of meeting wished the same to be upon Saturday next at two of the Clock in the Afternoon Which albeit it was well liked of and yielded unto by some yet was it over-ruled by number of Voices That as concerning the said Monopolies and Patents of Priviledge the said Commitments should be continued to be held in the Afternoon of this present day in this House Vide plus touching this business on Tuesday the 8 th day of this instant November foregoing On Thursday the 17 th day of November Two Bills of no great moment had each of them one reading of which the last concerning the Lands and Debts of Sir Henry Unton Knight deceased had its first reading M r Thomas Jewks is added to the former Committees for Examination of Priviledges and Returns who were appointed on Saturday the 5 th day of this instant November foregoing and are to meet this Afternoon in the Middle-Temple Hall The Bill also for erecting of Houses of Correction and the punishment of Rogues and Sturdy Beggars was read the first time On Friday the 18 th day of November Twelve Bills had each of them one reading of which the last being the Bill for erecting of Hospitals or abiding or Working-Houses for the Poor was upon the second reading committed unto Sir John Hart M r Recorder of London M r Tasbrough all the Readers of the Middle-Temple M r Boyce M r Henry Bellasis and others And the Bill was delivered with the Committees names to the said M r Boyce who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers who were appointed on Monday the 17 th day of this instant November foregoing shewed that the Committees have withdrawn out of the said Bill those points that concerned Corn Grain and other Victuals and have framed a new Bill for that purpose Intituled An Act to make void Contracts upon Ingrossing of Corn Grain or Victual which had its first reading And the old Bill for as much thereof as was not withdrawn was upon the question Ordered to be ingrossed Sir Francis Hastings M r Francis Bacon and M r Secretary moved touching the further preparing of the Bills for the re-edifying of Houses and encrease of Tillage Whereupon after some other Speeches it was resolved that the Committees therein should meet again for the same this Afternoon in this House The Bill against dying of Cloths with black Wood alias Logwood was upon the second reading committed unto the Citizens for London York Coventry Canterbury Bristol the Burgesses of Hull and Redding M r Finch and others And the Bill was delivered to Sir John Hart who with the rest was appointed to meet in the Guild Hall upon Tuesday next at two of the Clock in the Afternoon M r Sherley one of the Committees for continuance of Statutes who were appointed on Friday the 11 th day of this instant November foregoing shewed that the greater number of the residue of the Committees being Yesterday imployed in sundry other Committees could not be present at the same Committee and so prayed another day of meeting Whereupon Monday next at two of the Clock in the Afternoon was appointed at the former place viz. the Inner-Temple Hall The Bill to restrain the carrying of Worsted-Yarn
was read tertiâ vice expedit Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus instantis diei About which hour the Lord Keeper and divers other Lords assembling Five Bills of no great moment had each of them one reading of which the second being the Bill for the strengthening of the Grants made for the Maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Hen. the Eighth was read secundâ vice The Bill for the recovery of many hundred thousand Acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read iertiâ vice expedit Upon the third reading of this Bill it was moved by the House that certain Additions might be put in the Title of the Bill and Amendments in some part of the body thereof and the Lord Chief Justice and M r Attorney were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by M r Attorney and M r D r Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the Title of of the Counties of Essex Sussex Kent and the County Palatine of Durham Three Bills also had each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman deceased Executor of the last Will and Testament of John Flowerden Esquire deceased lyable c. was read secundâ vice but no mention is made either of the Commitment or Engrossing thereof the reason or cause of which omission see more at large on Monday the 23 d day of November foregoing Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of Deceits and Frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward Chamber near the Parliament Presence On Friday the 18 th day of December Four Bills had each of them one reading of which the last being the Bill for the Queens Majesties most Gracious General and free Pardon was read primâ vice and sent to the House of Commons by M r Attorney General and M r Doctor Stanhop Memorandum that whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary Yet nevertheless the Lords of the Upper House have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for the setling of some good agreement and Order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without impeaching one the other It is therefore Ordered by the Court of the Upper House of Parliament that the said complaint and cause of the said Painters which proceeded not in Parliament shall be referr'd to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and Ordered as in Justice and Equity shall be found meet And that at the time or times of the hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark and M r Attorney General or any four three or two of them shall assist and give their help for the making and establishing some good Order and Agreement And that the said parties complainant and also the Company of the Plaisterers shall observe and keep such Order as by the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark M r Attorney General M r Recorder of London or any six five four or three of them whereof the Lord Mayor and the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas to be two shall be set down and prescribed Vide concerning this matter on Monday the 14 th day of this instant December foregoing Memorandum that whereas William Crayford of Mongham in the County of Kent Gentleman was this day brought before the Lords Spiritual and Temporal in the Upper House of Parliament to answer an Information made against him that he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gentleman Servant to the Earl of Shrewesbury contrary to the priviledge of the Court And the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information wherein he protested that he was guiltless and that his said Son had not in any sort received such direction from him as was informed It was therefore by the Court thought meet and so Ordered that the examination and determining of the controversies and Suits depending between the said Crayford and Vaughan should be referr'd to the Earl of Worcester the Lord Bishop of London and the Lord Cobham And that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to observe and perform such Award and Arbitrement as the said Lords shall make and set down between them Vide concerning this Matter on Saturday the 19 th day of this instant December immediately following On Saturday the 19 th day of December a Motion was made in the House for avoiding of all further controversy between William Crayford and William Vaughan Gentlemen That forasmuch as each of them took mutual Exception one to the other touching the Bonds whereinto they formerly entred by Order of the Court the said William Crayford alledging that it sufficed not William Vaughan alone to be bound because his Heirs or some other claiming by and from him might trouble and molest him And that the said Vaughan is insufficient And the said William Vaughan alledging that if William Craysord were bound alone his Sons or Heirs might molest and trouble the said Vaughan without hazard of the Bond some further Order might thereupon be taken It was therefore this day Ordered by the Court that the said William Crayford and
who said that in the 27 th year of the Queen the like Motion had been made and that then by reason of the shortness of the time and suddain ending of the Parliament nothing was done therein Notwithstanding he said that now this motion being so happily made and that then by reason of the shortness of the time nothing was done he thought it fit for a Committee He was seconded again by M r Wiseman of Lincolns-Inn who was of the same mind and said That divers particular Laws of his knowledge were now both needless to be performed as also dangerous to the Subject by reason of the Penalties Whereupon the House agreed that the said Bill should be committed and Committees were nominated which are inserted out of the Orinal Journal-Book it self viz. All the Privy Council being Members of this House M r D r Caesar Master of Requests Sir Edward Hobbie M r Wiseman M r D r Crompton M r D r Perkins M r D r Dunn the Knights and Citizens for London the Knights and Citizens for Norwich Sir Walter Raleigh M r Tanfield M r Francis Bacon M r Robert Wingfield Sir Robert Wroth Sir George Moore Sir Moile Finch Sir John Harrington Sir Thomas Leighton M r Snigg M r Phillipps M r Winch Mr. Tho. Culpepper Mr. Hide Mr. Oldsworth Mr. Maynard the Lord Howard Sir Richard Knightley Sir Robert Carey the Lord Clinton Mr. Dale Mr. William Lane Mr. Michael Stanhop Mr. Warcop Sir Henry Nevil Sir Arthur George Sir Edward Hungerford Sir William Strowde Sir William Courtney Mr. John Egerton Mr. Dr. James Sir Crew Rawleigh Mr. Boyse Sir Henry Brunker and Sir Thomas Gerrard who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon The Bill for the explanation of such Statutes as touch Leases to be made by Archbishops and Bishops was read the first time Monition was this day given by Mr. Speaker unto the Members of this House that they would forbear from henceforth to come into this House with their Spurs on in regard it is very offensive to many others of the residue of them Thus far out of the Original Book it self Others also although nothing were done therein moved to have Boots and Rapiers taken away as is set down in the above mentioned private Journal On Tuesday the 3 d day of November Upon a Motion made by Mr. Speaker on the behalf of Mr. Fulk Onslow the Clerk of this House for that it hath pleased God to visit him with an Ague That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his Servant to execute the place in his absence as Deputy unto the said Mr. Onslow until it shall please God to restore him to health Which was willingly assented unto by the whole House and by Order of the whole House the said Tydder took the Oath of Supremacy Nota That there was a like precedent in the second meeting of the Parliament after an Adjournment thereof in Anno 28 29. Regin Eliz. An. Dom. 1586. when upon the like Motion of the Speaker on Wednesday the 15 th day of February William Onslow kinsman of the said Mr. Fulk Onslow being at that time a Member of the House of Commons was during his sickness allowed by the said House to exercise and supply the place of Clerk thereof as at this present time Cadwallader Tydder servant to the said Mr. Fulk Onslow was licensed to supply the same Six Bills of no great moment had each of them one reading of which the last being the Bill for the better preserving the breed of Horses and to avoid the common stealing of them was upon the second reading committed unto Sir Edward Hobbie Sir Robert Wroth Mr. Walter Cope Mr. Fulk Grevil Mr. Hide and others who were appointed to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon And the Bill and Committees names were delivered to Sir Robert Wroth. The Bill to reform the Abuses in Inns Victualling-Houses c. was read the second time and being put to the question for committing was upon the question refused to be committed Upon a Motion made by Mr. Leife that whereas many Members of this House which could not come to the Upper House upon the first day of this Parliament the Door being kept shut to hear her Majesties pleasure signified by the Mouth of the Lord Keeper of the Causes of her Majesties calling of this Parliament they might in some sort be satisfied of the same He putteth Mr. Comptroller in mind of his Honours promise to relate the same unto them Who thereupon desired Mr. Secretary Cecil because he the said Mr. Comptroller was not there himself to make the same relation which the said Mr. Secretary doing at large The chief intent and scope thereof appeared to aim at the setting forth of two things especially the First the Danger the Kingdom stood in in respect of the power and malice of the Spaniard the Second that timely provision of Treasure might be made for the prevention Thus far out of the Original Journal-Book it self M r Secretary Cecil's Speech which followeth being spoken after that he had repeated the Lord Keepers Speech is inserted out of the beforecited private Journal of the House in manner and form following For my own advice touching the particular Counsels of this House I wish that we would not trouble our selves with any fantastick speeches or idle Bills but rather such as be for the general good both light in conception and facile in execution Now seeing it hath pleased you all hitherto with patience to hear me if with your favour I may particularize and show the grounds of the former delivered Speech touching the State of Ireland I shall be very glad both for my own discharge and for your satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries He hath made Overtures of Peace which if they might both be honourable and for the publick good I hold him neither a wise nor an honest man would impugn them He hath put an Army into Ireland the number Four thousand Souldiers under the conduct of a valiant expert and hardy Captain who chooseth rather than return into his own Country without any famous enterprize to live and dy in this service These Four thousand are three parts Natural Spaniards and of his best expert Souldiers except them of the Low-Countries Those he could not spare because of his enterprize of Ostend And how dangerous the loss of that Town would be to this Land I think there is no man of experience but can witness with me For he would easily be Master of all that Coast so that the Trade betwen England and the Low-Countries would be quite dissolved Yea he would be so dangerous a Neighbour to us that we which are now Tenants by discretion are
had some matters of importance not fit to be read Yet if it please the House to command it they should Whereupon all cried No No. Sir Edward Hobbie answered Methinks under favour the motion Mr. Secretary made is good but the form therein I speak with all reverence not fitting the State of this House For he said M r Speaker shall attend my Lord Keeper Attend It is well known that the Speaker of the House is the Mouth of the whole Realm And that the whole State of the Commonalty of a Kingdom should attend one Person I see no reason I refer it to the consideration of the House Only this proposition I hold That our Speaker is to be commanded by none neither to attend any but the Queen only M r Johnson said The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certify the Lord Keeper and so to make a new Warrant Sir Edward Hobbie said That for Election of Burgesles he had seen half a score yesterday with Sir John Puckerings hand when he was Speaker M r Speaker said I may inform you of the Order of the House that a Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord Keeper and then to make a new Writ M r Secretary Cecill said I should be very sorry to detract from any particular Member of this House much more from the general State my meaning was mistaken and my words misconstrued yet both in substance agreeing with M r Speaker Post Meridiem At the Committee held this Afternoon touching Returns and matters of priviledge who had been appointed on Saturday the 31. day of October foregoing there were shewed divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House ought to be directed from the Speaker which said Precedents were as followeth viz. In Anno 27. Reginae Eliz. Anno Domini 1584. 4 th Decembris Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon but he chose Chichester And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon which bare date the 10 th of December six days after 27 Eliz. Secondly In Anno 27 o Regin Eliz. Anno Domini 1584. 21 o Decembr the Writ bearing Teste 19 February for the same matter In which the stile of the House is Knights Citizens Burgesses and Barons quod nota Thirdly Anno praedicto Regin ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Quecnborough in Kent was Attainted of Treason A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19 th day of February aforesaid in which Warrant under the Speakers own hand was inserted a reason to this effect viz. because the said Parry is disabled by reason of his Attainder Fourthly In An o xxvii o praedict Regin Eliz. Anno Dom. 1584. 30 Novembr Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports viz. Hieth but he took Portsmouth and refused the other whereupon a Warrant was directed as abovesaid but no Teste of the Writ was there Fifthly 28 th January 1584. Alexander Pine Esq chosen Burgess for Taunton being Deceased a new Writ was made The Writ bare Teste 30 th January Sixthly 3 o Decembr Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen and chose Bedford whereupon a Warrant was made to the Clerk of the Crown for a new Writ which bare date the 4 th day of December Anno xxvii o Regin Eliz. All which Warrants were signed by the Speaker John Puckering For the matter between Doctor Awbrey Doctor of the Civil Law and Mr. William Delabarr Barrester of the Common Law of Lincolns Inn touching the Burgessship of Cardigan in Wales the Cause stood thus Cardigan hath been by antient Precedents ever since the first Year of Queen Elizabeth a Burgess Town and ever the Return of the Indenture hath been for Cardigan only Now this Parliament the Sheriff of the Shire favouring a Town called Aberystwith after he received the Parliament Writ sent his Warrants to the Bayliffs of Aberystwith to chuse a Burgess c. who chose a Burgess viz. Doctor Awbrey and return'd him Burgess for Cardigan and Aberystwith and shewed in the Indenture the Election to be made by both Towns And the Indenture was signed with the Sheriffs hand On the other side the Bayliffs of Cardigan understanding the Writ to be come to the Sheriff took notice thereof and without Warrant from the Sheriff made an Indenture and Election of William Delabarr and sent the same in a Letter to him M r Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan but not finding him delivered the same to the Clerk of the Crown paid his Fees was sworn and admitted into the House till this present day Now at this Committee for Priviledges Dr. Awbrey came to complain the Committees found upon Examination of the matter that the County Court was as well kept at Aberystwith as at Cardigan alternis vicibus and that the County Court was to be kept this time at Aberystwith So when they went to the Conference both Awbrey and Delabarr were desired to depart forth And upon Consultation these Questions arose First Whether the House have Power to Fine the Sheriff because according to the Statute he sent not his Warrant to Cardigan Next If he be punishable by the Penalty of the Statute Also if he have pursued his Authority in making his Election in Aberystwith Which are left with divers other doubts to the discussing of the House the next day and to the Report of Sir Edward Hobbie or Mr. Sollicitor Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham now Lord Chief Justice being then Speaker Sir Edward Hobbie at this Committee said Awbrey and Delabarr the one a Civil the other a Common Lawyer That he might say to them as the Duke of Millain said of the Thief It is no matter whether goes first the Hangman or the Thief The Town of Harwich in Essex and Newtown in the County of Southampton have returned Burgesses this Parliament which they never did before Thus far out of the aforesaid private Journal The ensuing days Passages do follow out of the Original Book it self On Friday the 6 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill to avoid divers misdemeanors in base and idle Persons was read the first time Mr. Dr. James being a Committee in the Bill against Drunkenness which was committed on Wednesday the 4 th day of this instant November foregoing declared the meeting
man comes into his Country will be better satisfied when they shall know they have spared no man nor made any disjunction It was said by a Member of the House that he knew some poor people pawn'd their Pots and Pans to pay the Subsidy It may be you dwell where you see and hear I dwell where I hear and believe And this I know that neither Pot nor Pan nor Dish nor Spoon should be spared when danger is at our Elbows But he that spake this in my Conscience spake it not to hinder the Subsidy or the greatness of the Gift but to shew the Poverty of some Sessed and by sparing them to yield them relief But by no means I would have the three pound men exempted because I do wish the King of Spain might know how willing we are to sell all in defence of Gods Religion our Prince and Country I have read when Hannibal resolved to sack Rome he dwelt in the Cities adjoining and never feared or doubted of his Enterprize till word was brought him that the Maidens Ladies and Women of Rome sold their Ear Rings Jewels and all their necessaries to maintain War against him I do take my self in duty bound to acquaint this House with the modesty of the Committee at the Proposition that where first this House never stuck to commit it they never stuck understanding the reasons to grant it I do perswade my self that the bonus genius of this House did not wish a more resolved unity than we had unity in resolution And of this great Committee it may be said de majoribus Principes consultant de minoribus omnes Thus by your Commandments have I undergone this Charge and will be ready to do the like duty whensoever you command me Then after Consultation had of the great occasions it was put to the Question whether the double Tenths and Fifteenths should be paid by the first day of February viz. for this fourth Subsidy before the third begin and that the first payment of the first three Subsidies should be brought in by the 10 th of June viz. half a Subsidy And all said Yea and not one No. Then was a Motion made by Sir Robert Wroth that this new Subsidy might be drawn in a Bill by it self to which should be annext a Preamble of the great necessities the willingness of the Subject and that it might be no Precedent but that would not be yielded unto Then M r Speaker asked the House if they would appoint Committees so they appointed the Queens Councel and all the Serjeants of the House and no more M r Francis Moore moved that that which was done might be compleatly done and the Subsidy gathered by Commission and not by the old Roll for peradventure some were dead others fallen to Poverty others Richer and so deserved to be inhansed c. And withal he said that the granting of this Subsidy seemed to be the Alpha and Omega of this Parliament M r Wingfield moved the Honourable of the Councel Members of this House That seeing the Subsidy was granted and they yet had done nothing it would please her Majesty not to dissolve the Parliament till some Acts were passed Serjeant Harris said The Motion of the Gentleman that last spake is not now to be discussed we are to speak touching the Subsidy M r Francis Bacon after a Repetition of some of what was done Yesterday that the three pound men might not be excluded he concluded that it was Dulcis tractus pari jugo therefore the Poor as well as the Rich not to be exempted Sir Walter Raleigh said I like not that the Spaniards our Enemies should know of our selling our Pots and Pans to pay Subsidies well may you call it Policy as an Honourable Person alledged but I am sure it argues Poverty in the State And for the Motion that was last made of Dulcis tractus pari Jugo Call you this par jugum when a poor man pays as much as a rich and peradventure his Estate is no better than he is set at or but little better when our Estates that be thirty pound or forty pound in the Queens Books are not the hundred part of our Wealth Therefore it is not Dulcis nor pari M r Secretary Cecill That now seeing one of the weightiest matters and causes of Calling this Parliament was agreed upon he doubted not but we should have both a quick Parliament and speedy payment But for that the Gentleman said on my right hand that the Subsidy was the Alpha and Omega of this Parliament I think he spoke it not simply out of humour but rather upon probability for I can assure you her Majesty is as respective over you touching her Laws which she desireth may be perused and amended that she meaneth not to Dissolve this Parliament till some things be amended For that that I said touching the Spaniards knowing of our sale of our Pots and Pans and all we have to keep him out which should be a matter of Policy to which the Gentleman on my left hand Sir Walter Raleigh took Exceptions I say it is true and yet I am mistaken I say it is good the Spaniards should know how willing we are to sell our Pots and Pans and all we have to keep him out Yet I do not say it is good he should know we do sell them that is I would have him know our willingness to sell though there be no need but not of out Poverty in selling or of any necessity we have to sell them which I think none will do neither shall need to do Then all the House cryed No No as much as to say no man did so Sir Arthur Gorge moved that it would please the Council that Order might be taken that Justices of the Peace might be Sessed according to the Statute viz. at twenty pound Lands whereas there be few Justices that be above eight or ten pound by M r Secretary noted in his Table Book Then Serjeant Heyle stood up and made a Motion saying M r Speaker I marvel much that the House will stand upon granting of a Subsidy or the time of payment when all we have is her Majesties and she may lawfully at her Pleasure take it from us Yea she hath as much right to all our Lands and Goods as to any Revenue of her Crown At which all the House hemm'd and laughed and talked Well quoth Serjeant Heyle all your Hemming shall not put me out of Countenance So M r Speaker stood up and said It is a great disorder that this should be used for it is the antient use of every man to be silent when any one speaketh and he that is speaking should be suffered to deliver his Mind without interruption So the said Serjeant proceeded and when he had spoken a little while the House hemm'd again and so he sate down In his latter Speech he said he could prove his former Position by Precedent in the times of
Apology for my self I have held the favour of this House as dear as my Life and I have been told that I deserved to be taxed Yesterday of the House I protest my Zeal to have the business go forward in a right and hopeful course and my fear to displease her Majesty by a harsh and rash proceeding made me so much to lay aside my discretion that I said it might rather be termed a School than a Council or to that effect But by this Speech if any think I called him School-Boy he both wrongs me and mistakes me Shall I tell you what Demosthenes said to the Clamours which the Athenians made that they were Pueriles dignos pueris And yet that was to a popular State And I wish that whatsoever is here spoken may be buried within these Walls Let us take Example of the Jewish Synagogue who would always Sepelire Senatum cum honore and not blast their own Follies and Imperfections If any man in this House speak wisely we do him great wrong to interrupt him if foolishly let us hear him out we shall have the more cause to tax him And I do heartily pray that no Member of this House may plus verbis offendere quà m consilio juvare M r Francis Moore said I must confess M r Speaker I moved the House both the last Parliament and this touching this point but I never meant and I hope this House thinketh so to set limits and bounds to the Prerogative Royal. But now seeing it hath pleased her Majesty of her self out of the abundance of her Princely goodness to set at liberty her Subjects from the thraldom of those Monopolies from which there was no Town City or Country free I would be bold in one motion to offer two considerations to this House The first that M r Speaker might go unto her Majesty to yield her most humble and hearty thanks and withal to shew the joy of her Subjects for their delivery and their thankfulness unto her for the same The other that where divers Speeches have been made extravagantly in this House which doubtless have been told her Majesty and perhaps all ill conceived of by her I would therefore that M r Speaker not only should satisfy her Majesty by way of Apology therein but also humbly crave pardon for the same Mr. Wingfield said My heart is not able to conceive the joy which I feel and I assure you my Tongue cannot utter the same If a sentence of Everlasting happiness had been pronounced unto me it could not have made me shew more outward joy than now I do which I cannot refrain to express and here as I think he wept There could nothing have been more acceptable to the Subject than this Message And I verily think if ever any of her Majesties words be meritorious before God this is I do agree withall my heart in the first part of the Gentlemans motion that last spake but do utterly mislike the latter For it is not to be intended we should have had so good and gratious a Message if the truth of some particular Speeches had been delivered unto her And now for us to accuse our selves by excusing a fault with which we are not charged were a thing in my opinion inconvenient and unfitting the wisdom of this House Mr. George Moore spake to the same effect Sir Francis Bacon spake to the same effect also and in the end concluded thus Neseio quid peccati portet haec purgatio So it was put to the question and concluded That thanks should be returned by the Speaker and some twelve were named to go with him as a convenient number and intreaty made to the Privy Council to obtain liberty to be admitted On Thursday the 26 th day of November the Bill for the Amendment of the Highway called Double sole Green in the County of Middlesex was read the first time Mr. Fretchvill offered to the consideration of the House a Bill to reform the abuses in weights and measures and declared the necessity of reformation therein and prayeth the reading Two Bills of no great moment had each of them one reading of which the second being the Bill touching Feltmakers was read the second time and committed unto the Knights and Citizens for London Sir George Moore the Knights for Middlesex and Surrey Mr. Wiseman and others who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for the better furnishing of her Majesties Navy Royal touching Cordage was upon the first reading rejected Mr. Doctor Parkins made Report of the meeting of the Committees in the Bill for the benefit of Merchants and advancement of her Majesties Custom And that the Committees do think it a Bill in their opinions not to be any more dealt in by this House for many reasons by him delivered The Bill for the grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read the first time Vide concerning this Bill on Saturday the 5 th day of December next following Mr. Jones one of the Committees in the Bill for Landoveroure who were appointed on Tuesday the 24 th of this instant November foregoing certifieth in the Bill with some Amendments therein by the Committees M r Secretary Cecill said If I should tell you otherwise than truth in matter of so great consequence I should need no other process than my own Conscience That to so gratious a Message there was never returned more infinite thanks we all are assured From the Queen I have received a short Answer in these words You can give me no more thanks for that which I have promised than I can and will give you thanks for that which you have already performed meaning the Subsides and Fifteenths So inseparable are the qualities of the Prince and the Subject Good for the one and for the other If by true interpretation of the Law Voluntas reputatur pro facto you shall not need your good will being already known use any actual thanks neither will she receive any till by a more affected consummation she hath compleated that work at that time she will be well pleased to receive your thanks and to return to you her best favours Vide concerning this matter on Saturday the 5 th day of December following On Friday the 27 th day of November four Bills had each of them one reading of which the last being the Bill for the enlarging of the Statute of the first year of her Majesties Reign touching the breed of Fish was read the first time and rejected Two Bills of like consequence had each of them one reading of which the second being the Bill for the true payment of Tythes within the Walls of the City of Norwich was read the second time and committed unto the Citizens for Norwich Sir Francis Hastings M r
Conference or meeting of the said Committees brake up imperfectly and was further deferr'd till the next Morning The Passages of this Afternoon do now follow out of the Original Journal-Book of the House of Commons in manner and form following Post Meridiem Three Bills had each of them one reading of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time and passed upon the question M r Mountague a Committee in the Bill touching Souldiers and others certified in the Bill with some Amendments whereof he prayed the reading The Amendments in the Bill for relief of Souldiers and Mariners were twice read and the Bill was Ordered to be ingrossed The Bill touching Policies of Assurances used amongst Merchants was read the second time and committed unto Sir Walter Raleigh M r Doctor Caesar Sir Francis Bacon Sir Stephen Soame and others And the Bill was delivered to Sir Francis Bacon who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock The Bill touching Hat-Makers was read the third time and upon the question and division of the House passed with the Yea ninety three and with the No forty six John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge is for his necessary affairs licensed by Mr. Speaker to depart Upon Motion made by Serjeant Harris that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House hath been Arrested into the Counter in the Poultrey in London at the Suit of one Matthew a Chyrurgeon It is Ordered that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt as appertaineth M r Adam and Listers Councel are appointed to be heard to Morrow On Saturday the 12 th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore Mr. Maynard Mr. Brown and others who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question Some part of this Forenoons Passages doth now next follow out of private Journals An Act for redress of certain abuses used in Painting was read the third time It was moved by Sir George Moore and some others that the Bill might be let slip and the Cause refer'd to the Lord Mayor of London because it concerned a Controversie between the Painters and Plaisterers of London To which M r Davies Answered That the last Parliament this Bill should have past this House but it was refer'd as is now desired and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor yet all will do no good Wherefore M r Speaker I think it good to be put to the question Sir Stephen Soame desired that my Lord Mayor might not be troubled with them c. but that it might be put to the question and it seemed likely to go against the Painters But M r Heyward Townsend as it was putting to the question stood up and shewed that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers who had for their Wages by the day three pence and their Knave three half pence for so was his Labourer called they so continued till King Henry the Sevenths time who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls whose Statute Labourers these Dawbers were These Statute Labourers learned in short time the use of Plaister of Paris and did it for the King who increased to be many then suing to the King for his Favour to Incorporate them he did fulfil their desire Incorporating them by the name of Gipsarium which was for Clay and Mud aliàs Morter-Makers An. 16 Hen. 7. being no Freemen for all their Corporation they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen to allow them Freemen which was granted at what time came in four of them paying ten shillings a piece for their Freedoms And in three years after that manner came in to the number of twenty but they paid four pound a piece for their Freedom They renewed their Patent in King Henry the Eighths time and called themselves Plaisterers aliàs Morter-Makers for the use of Loam and Lyme They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen to grant them Ordinances for the better Rule and Government of their Company in these words viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft c. and had allowed unto them search for their Company for the use of Lath Loam and Lyme In all their Corporations at no time had they the word Colours neither yet in their Ordinances For all they were incorporated by the name of Plaisterers yet in all King Henry the Eighths time they were called Dawbers as appears in the Accompts of the Chamber of London paid to such and such Dawbers for so many days so much and to their Labourers so much The Plaisterers never laid any Colour upon any of the Kings Houses nor in the Sheriffs of London but this Year They wore no Livery or Cloathing in the seventeenth of King Henry the Eighth They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like and now intrude themselves to all Colours Thus they take not only their own work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edward the Thirds time one for Painting of Posts and all Timber-Work and the other for Staining and Painting of Cloth of great continuance The two several Companies were joined both into one by their own consents and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth The Painters had Orders allowed them for the use of Oyl and Colours especially named in King Henry the Fourths time from the Lord Mayor and City Painters cannot work without Colours their only mixture being Oyl and Size which the Plaisterers do now usurp and intrude into Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth forbidding any Artificer the use of Colours and Oyl or Size after the manner of Painting but only such as have been or shall be Apprentice namely
which all said A good Motion M r Holcroft of Cheshire said May it please you M r Speaker the County day for Denbighshire is on Thursday next and therefore there had need be speed made otherwise there can be no Election this Parliament M r Speaker said Will it please you to name the six Committees so the House named Sir Edward Hobbie Serjeant Harris Sir Francis Hastings c. The Speaker likewise said Will it please you to name the four to go to the Lord Keeper so the House named Secretary Herbert Sir Edward Stanhop Sir Edward Stafford and M r Fulk Grevill Thus far out of the aforesaid private Journal The next dayes Passages do now follow in part out of the Original Journal-Book it self On Saturday the 14 th day of November M r Cotton a Member of this House moved for the receiving of two Bills which he then offered to the consideration of the House and were accepted accordingly but were not then read by reason of sundry occasions of lett and for that also M r Speaker had not perused them Three Bills also had each of them one reading of which the third being the Bill that Edward Markham may dispose of his Lands as other Tenants in Tail lawfully may do was read the second time and committed unto Sir Robert Wroth Sir Moyle Finch and others who were appointed to meet upon Friday next at two of the Clock in the Afternoon in the Court of Wards and the Parties whom it concerneth to bring their Evidences and Writings to the Committees One other Bill touching making of Cloathes was read primâ vice M r Johnson informed the House that sundry Members of this House have been served with Subpoena's viz. Edward Mountague Esq to appear in Chancery upon the 6 th day of this instant November ad respondend Will. Riddlesden upon Sir Michael Sandes to appear in the Kings-Bench ad testificand ' die Veneris prox ' post Crast ' Sancti Martin at the Suit of John Stow upon Goddard Pemberton to be in the Chancery vii o die Novembr ad Sect. Will. Wood. Whereupon the Serjeant was appointed to bring unto this House the persons that served or do prosecute the said Subpoena's to Answer in this House for their said Contempts Thus far out of the Original Journal-Book of the House of Commons the further dispute of this business and the residue of the Passages of this day are in the next place supplied out of the often before-recited private Journal of the said House The said M r Johnson after he had vouched the aforesaid precedent instances touching other Members of the House that had been served with several Subpoena's certified the said House further thus much that the Informer came to his Lodging this Morning as he was coming out of his Door and asked for him he told him he was the man Then said the Informer The Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him that I was of this House and could not attend He Answered me again there it is I care not look you to it at your peril M r David Waterhouse stood up and shewed that that Subpoena came out of his Office and further shewed the necessity of obeying of it for that a Cause for want of Witnesses might be lost therefore the hearing being appointed at a day certain the Client might peradventure be undone if he should not have this Subpoena ad testificandum in due time both served and appeared unto Sir Edward Hobbie alledged divers Precedents touching this point as 10 February 27 th Eliz. M r Kerle served one Roger Stepney with a Subpoena into the Star-Chamber and for this he was adjudged to the Serjeants keeping for six dayes and to pay five Marks Charges And 25 March 27 Eliz. M r Crooke served a Member of this House with a Subpoena into Chancery and for so doing was adjudged to give a Copy of the Bill twenty shillings for Charge and was Committed M r Wiseman said notwithstanding the Allegations and excuse of the Gentleman that spake in favour of the Subpoena ad testificandum I think it deserveth no less favour than the other For if the necessity of the Cause were such that he must needs be served and spared out of this House the party ought to ask leave of the House or at least of the Speaker or intreat him to relate the same to the House Sir George Moore said I think as the Gentleman that last spake for the like Subpoena being brought the last Parliament it grew to a question whether it were an impeachment to the Priviledge of the House And after some dispute an antient Member of this House shewed divers Precedents how that the minds of the Members of this House ought to be freed as well as their bodies Whereupon two Members were sent to require the Lord Keeper to reverse that Subpoena c. He also spake of a Quo Warranto for the Liberties of the Black-Fryars withheld but to what purpose ignoro Then it grew to a question whether a Burgess of a Parliament may be served with a Subpoena ad testificandum And it was concluded that he could not So after this dispute they agreed that the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena's aforesaid to Answer their contempts with all speed Sir Francis Hastings stood up and made a relation of the proceedings which he with the other Committees had made according to the Commandment of the House the day before He said We called before us the Clerk of the Crown the Clerk of the petty Bag and our Clerk of the Parliament The Clerk of the Crown shewed us sive Warrants and one Order all one Course and one form and all in the 27 Eliz. Three of the Warrants were directed to the Clerk of the Crown two without direction and he shewed us Writs without Warrant Then we called the Clerk of the petty Bag who would shew us no Warrant but only a Record of Writ in his Roll of 39 Eliz. only he said but we heard him not that Warrants had been granted to the Clerk of the petty Bag. The Clerk of the Parliament shewed unto us two Precedents of 5 Eliz. and of 13 Eliz. every one without direction but with these words or to the like effect as I take it It is required such and such a thing be done Sir Edward Hobbie said Because the truth hereof may be made more plain and that it pleased you to command my unworthy self to attend Yesterdays Service I will under favour of the Gentleman that last spake make a Repetition ab origine a little longer than he did for your satisfactions of this Cause and our pains It pleased you to depute six to this service five attended The Serjeant at Law Serjeant Harris of whose furtherance we best hoped deceived both your