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
on Wednesday the 26 th and secunda vice on Thursday the 27 th of this foresaid April preceding and lastly it had its third reading and passed the House on Friday the 28 th day of the same Month although it were opposed by the Archbishop of York the Marquess of Winchester the Earl of Shrewsbury Viscount Mountague the Bishop of London the Bishop of Ely the Bishop of Worcester the Bishop of Landaff the Bishop of Coventry and Lichfield the Bishop of Exeter the Bishop of Chester the Bishop of Carlile the Lord Morley the Lord Stafford the Lord Dudly the Lord Wharton the Lord Rich and the Lord North. In which may there still be observed the obstinacy and boldness of the Popish Bishops who opposed all things that tended but to the least reformation of Idolatry and Superstition or abolishing the usurped authority of the Bishop of Rome it seemeth that the Abbot of Westminster was now absent because his negative voice which was never wanting is not here mentioned Of the temporal Lords the most setled to Popery seem to have been the Viscount Mountague and Earl of Shrewsbury but as for the Marquess of Winchester and these other six Barons they are seldom mentioned to have opposed either the Act for restoring the Supremacy or any other touching Ecclesiastical matters except this only concerning the Book of Common-Prayer the reformation of which being so little differing from the old form as that it hath given and yet doth give occasion of offence and stumbling to many weak ones amongst us it is the more to be marvelled at that so many should oppose it and the rather also because most of the Papists of England did come to our Church and heard Divine Service ordinarily till the eleventh Year of the Queen when the Bull of Pope Pius Quintus enforced not only their wilful and obstinate separation but drew on and necessitated many of those Laws which were afterwards made against them an 13. an 23. an 27 Reg. Eliz. The Bill lastly to continue the Act last made against Rebellious Assemblies was read tertia vice conclusa and delivered to M r Vaughan and the Clerk of the Crown to be carried to the House of Commons The Parliament continued until Monday the first of May at nine of the Clock in the Forenoon Then the Bill for the preservation of Spawn and Fry of Fish The Bill limiting the times of laying on Land Merchandizes from beyond the Seas and touching Custom for Sweet Wines And the Bill for the continuation of certain Statutes were each of them read the second time The Bill lastly to make good Leases Grants of Offices and Copyhold Lands made by Nicholas Ridley late Bishop of London was read tertia vice rejecta Then the Parliament continued till two of the Clock in the Afternoon of the same day about which hour the Lord Keeper with divers other Lords Assembling one Bill of no great moment was read primavice which was for the Garbling of Feathers and Flocks to be sold in Beds and Cushions Then the Parliament continued till next day at nine of the Clock in the Forenoon at which time the Bill for Garbling of Feathers was read the second time Two Bills also had each of them their third reading and passed the House of which one being the Bill for laying on Land Merchandize from beyond the Seas and touching Custom for Sweet Wines was sent down to the House of Commons by Weston Serjeant at Law and the Clerk of the Crown The Bill lastly to annex to the Crown certain Religious Houses c. was read prima vice Six Bills were brought up to the Lords from the House of Commons of which the third being the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of spiritual persons and restore them again And the fifth for continuing the making of Woollen Cloaths in divers Towns in the County of Essex were each of them read prima vice And the sixth and last was the Bill that Timber shall not be felled to make Coals for burning of Iron Then the Parliament continued till Wednesday the 3 d of May at nine of the Clock in the Forenoon at which time five Bills of no great moment had each of them one reading of which the first was the Bill that Timber shall not be felled to make Coals for burning of Iron The second for continuing the making of Woollen Cloths in divers Towns in the County of Essex The third that the Queens Majesty by Commission may examine the deprivation of spiritual persons and restore them again And the last being the Bill to annex to the Crown certain Religious Houses and to reform certain abuses in Chantries were each of them read secunda vice The Parliament continued till Friday May the 5 th at eight of the Clock in the Morning And then the Bill that Timber shall not be felled to make Coals for the burning of Iron The Bill for continuing the making of Woollen Cloth in divers Towns in the County of Essex And the Bill that the Queens Majesty by Commission may examine the Causes of deprivation of spiritual persons and restore them again were each of them read tertia vice conclusae The Bill lastly to annex to the Crown certain Religious Houses and to reform certain abuses in Chantries was read tertia vice una cum tribus provisionibus eidem Billae annexis per Dominos quae prima secunda tertia vice lectae erant conclus dissentientibus Archiepiscopo Eboracen Episcopis Londin Elien Wigorn. Landaven Coven Exon. Cestren Carleol Abbate de Westm. ac Vicecomite Mountagne commiss Magistro Weston Servienti ad Legem Attornato Reginae in Domum Communent deferend Two Bills were brought up to the Lords from the House of Commons of which the first was the Bill for the continuance of certain Statutes with a Proviso added thereunto by the Commons to which the Lords would not agree but sent it down again to be passed by them leaving out the Proviso And the second being the Bill for limiting the times for the laying on Land Merchandize from beyond the Seas and touching Customs for Sweet Wines was returned conclus Then the Parliament continued till the next day at nine of the Clock at which time the Bill for the preservation of the Spawn and Fry of Fish was read tertiâ vice conclus communi omnium Procerum assensu dissentiente Episcopo Elien and it was delivered to Sir Richard Read and the Clerk of the Crown in Domum Communem deferend The Bill also that Timber shall not be felled to make Coals for burning of Iron The Bill for the continuance of certain Statutes And the Bill to annex to the Crown certain Religious Houses and to reform certain abuses in Chantries were returned from the House of Commons conclus On Monday the 8 th day of May the Lord Keeper and divers other Lords both Spiritual and Temporal met
conclusa commissa Sollicitatori Dominae Reginae Doctori Lewis in Domum Communem deferend Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the second day of May Five Bills of no great moment had each of them one reading of which the second being the Bill touching William Skeffington was read primâ vice and the third against Fugitives over the Seas was read primâ vice commissa unto divers Lords Spiritual and Temporal of which the Lord Hastings of Loughborough a Grand Papist was one Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem proximum horâ nonâ On Thursday the 3 d day of May Five Bills of no great moment had each of them one reading of which the fourth being the Bill touching Dilapidations by Ecclesiastical persons was read primâ vice and committed unto Viscount Hereford Viscount Mountague the Bishop of Winchester the Bishop of Worcester the Bishop of Ely the Bishop of Rochester the Bishop of Carlisle the Bishop of Lincoln the Lord Grey the Lord Cobham Doctor Lewes and Doctor Yale Nota Though it be very usual in most of the Journals of her Majesties Reign for the Judges and sometimes for the Queens Learned Councel to be nominated joint Committees with the Lords this present commitment foregoing is a very rare and unusual President in respect that two Doctors only as I conceive of the Civil Law are made joint Committees as aforesaid But the reasons of this here may well be in respect that this Bill concerned Dilapidations properly belonging to the Ecclesiastical Courts in which they are for the most part best Experienced And this may be a cause also that the Spiritual Lords in this Committee are more than the Temporal which is very seldom or rarely seen but in some such like Case Two Bills were brought from the House of Commons of which the second was the Bill for the Ministers of the Church to be of sound Religion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati proximum horâ nonâ A Release at large and ad verbum by Henry Sacheverill of Risby in the County of Leicester Gent. unto William Skeffington and his Heirs of all the right which the said Henry Sacheverill had by Feoffment of William Skessington Esq and Ralph Sarheverill and their Cofeoffees Dated 30 die Januarii anno 22 Regin Eliz. in the Mannors Lands c. of and in Kersby Trussington Thriamoston Humberston Silby Burton super Molez in Queenborough in Com. Leicester which the said William Skeffington and Ralph Sacheverill had from George clemand and in all other Mannors Lands c. lying in the Towns and Fields of Skevington in the County of Leicester and Stock in the County of Lincoln or elsewhere in England cognit usitat locat reputat seu accept ut possessiones haereditamenta praedicti Willielmi Skeffington Licet tamen re verâ iidem Willielmus Rudolphus nec corum alter eadem maneria terras Tenementa Haereditamenta in illo scripto ultimo nominato mihi praefato Henrico tradere dimittere feoffare concedere deliberare seu confirmarè niminè intenderint seu voluerint sed tantummodo idem scriptum taliter continens eadem Maneria terras tenementa haereditamenta per frandem deceptionem mei praefati Henrici indebitè obtentum suit Then the same Deed of Release containeth Warranty of all the Premises unto William Skeffington and his Heirs against the said Henry Sacheverill his Heirs and Assigns for ever In cujus rei testimonium huic praesenti scripto meo sigillum meum apposui Dat. quinto die Martii Anno Regni illustrissimae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae Hiberniae Reginae Fidei Defensor c. Decimo tertio Nota That Robert Bowyer Esq who succeeded Sir Thomas Smith Knight in the place of Clerk of the Upper House in An. 6 Jacobi Regis in his Abridgment of the Journal of the Queens time hath at the end of this business touching Henry Sacheverill inserted this Note ensuing Upon what occasion or how this matter between Skeffington and Sacheverill came in Question in the Parliament or why other than that a Bill touching William Skeffington was brought from the House of Commons on Tuesday the first day of this instant May preceeding and had its first reading on Wednesday the 2 d day and its second reading on Thursday the 3 d day of the same Month foregoing and was also read the third time and concluded on this present 5 th day of May on which the said Release was Entred in the Parliament Book appeareth not in the Journal so much as by circumstance which seemeth to have happened through the negligence of the Clerk of the Parliament who was either M r Spilman or M r Anthony Mason alias Weeks On Saturday the 5 th day of May to which it should seem the preceeding Release is to be referred Four Bills of no great moment had each of them one reading of which the third being the Bill whereby certain offences be made Treason was read secundâ vice and committed unto the Archbishop of Canterbury and others Two Bills also were brought to the Lords from the House of Commons of which the first was the Bill for the coming to Church and receiving the Communion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora Octavâ May the 6 th Sunday On Monday the 7 th day of May Eight Bills of no great moment had each of them one reading of which the last being the Bill touching Dilapidations by Ecclesiastical Persons was read primâ vice and committed unto the Lords that were before in that Bill appointed whose names see on Thursday the third day of this instant May foregoing and the Earl of Leicester and the Lord of Loughborough were added unto them Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Tuesday the 8 th day of May Four Bills of no great moment had each of them one reading of which the last being the Bill for respite of Homage was read secundâ vice commissa Attornato Sollicitatori Dominae Reginae The fourth lastly being the Bill whereby certain offences be made Treasons was read tertiâ vice conclusa with a new Proviso added thereunto by the Lords and certain Amendments and committed to M r Attorney and M r Sollicitor to be carried to the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the 9 th day of May the Bill for coming to Church and receiving the Communion was read secundâ vice and committed to the Earl of Sussex the Earl of Huntingdon the Earl of Bedford Viscount Mountague the Bishop of Winchester the Bishop of
her Majesty is of another Religion than is published and that it is the sole doing of the Councellors whereby the Doctrine in sort as it is is thus published and not hers He also added that his wish was that no man might be attainted of these words except the Speech or Publication might be testified by two Witnesses For the Additions he said assuredly they might not be severed from the first Bill not only as they are matters material depending on the first but stretching so far to the maintenance of the first that without them the first may seem to be nothing For said he there can be no remedy provided except the cause of the grief be known and the same cause removed wherein the Rebels of the North gave clear Experiment for doubtless when they pretended Reformation of Religion they thought to rend up the ground and to subvert the stay thereof which was her Majesties Person and by them he wished us to learn at last and to wax wiser He said the Court of Chancery will straitly Decree for saving and quiet keeping of a quiet possession often looking to ordering things before past and shall not the Court of Parliament do the like for the Title of the Crown And the ancient Laws of the Realm he said do 〈◊〉 the same as long before the 35 H. 8. the Stat. 5 E. 3. in such like Cases hath ordained that the Heir for the Fathers offence shall be punished consule locum citatum M r Mounson said it were horrible to say that the Parliament hath not Authority to determine of the Crown for then would ensue not only the annihilating of the Statute 35 H. 8. but that the Statute made in the first year of her Majesties Reign of Recognition should also be laid void a matter containing a greater consequent than is convenient to be uttered M r Heneage moved the House to this effect that either the Bill for Addition should be severed or both to be referred to the Queens Learned Councel to consider of the conveniency thereof and then by them to be exhibited c. but of his Opinion he yielded no further reason M r Long a young Gentleman would have proved the word have and a regard of the time past not to be amiss for that at the time of the offence the malice of the Offendor was as great as it is at this present M r Fleetwood endeavoured to prove the overcharging of the Bill with larger words than were convenient and more Provisoes than were to the purpose to have been the overthrow of that which was truly meant wherein the cunning Adversary when he knoweth not how to subvert directly will by this means easily and subtilly insert more pretending a face of more forwardness than the rest when indeed his heart is bent to the hindrance of the whole For proof and experience hereof he remembred the cunning Prelats in Henry the Fourths time and afterwards in Edward the Fourths time when King Edward required the suppressing of all such Abbies as King H. 6. had Erected To hinder this contrary to the Kings meaning some would needs add the Colledges in Cambridge which by him were also Founded to which when by no means the House could be induced as well the intent of the first as of the last was subverted The like he remembred also of the second year of H. 7. in matter of Treason which all men would have yielded unto the Counterfeit Friend heaped in to give the King free Liberty of Restitution to whom he would of all both goods and possessions whereof the inconveniency being seen stay was made of the whole So that what men may not do directly with face of further Friendship they do covertly He concluded therefore it were well and most safe to make two Bills and to be referred to the Queens Learned Councel as M r Heneage had well divided M r Serjeant Manwood first Answering the meaning of the words bodily hurt said it must be intended when violence or force is done or offered to the Body and not otherwise nor elsewhere And whether the words of slander should be Treason he thought that there was great reason they should be for quoth he who so shall affirm her Highness to be an Heretick doth doubtless wish her the pains of an Heretick viz. to be burnt c. He further would have to be added to these words of the Bill That who so shall imagine go about claim c. thus much more that whosoever shall affirm himself to have Title c. to be a Traytor He was of further Opinion that it should be no clogging to the Bill to have matter of the same nature added being also provided for the same purpose as good consequent and necessarily concurring with the effect of the Bill And for the Authority of the Parliament he said it could not in reasonable construction be otherwise for who so should deny that Authority doth deny the Queen to be Queen and the Realm to be a Realm After which M r Alford and M r Dalton spake severally to the said Bill touching certain offences to be made Treasons Whose Speeches containing no new matter at all in them more than hath been formerly spoken are omitted in that often before-cited Anonymous Journal out of which all these foregoing Speeches are transcribed After all which the business was at length drawn to this Head to be referred to a Committee whose names being there likewise omitted are therefore all of them supplied out of the Original Journal-Book of the House of Commons it self in manner and form following All the Privy-Council being Members of this House Sir Christopher Heyden Sir Henry Nevill Sir Nicholas Arnold M r Serjeant Manwood M r Serjeant Jeoffry M r Heneage M r Stoaks M r John Vaughan M r Bell M r Mounson M r Popham M r Norton M r Dalton M r Fleetwood M r Telverton M r Goodier M r Alford and M r Long were appointed to meet to Morrow at two of the Clock in the Afternoon in the Star-Chamber M r Doctor Lewes and M r Doctor Huick brought from the Lords a Bill touching the untrue demeanors of Tellors Receivers Treasurers and Collectors On Friday the 13 th day of April Five Bills had each of them one reading of which the last being the Bill for suppressing of Simony in Presentations to Benefices was read the first time to which because M r Snagg spoke upon the first reading being a thing not altogether usual his Speech is therefore transcribed out of that often before-cited Anonymous Journal M r Thomas Snagge treated hereupon viz. after the reading of the said Bill of Simony saying that the cause of the slanders which the Papists have against the Church of England in that they say Coblers Taylors Tinkers Millers c. are of the Ministry groweth thereby that the Livings are detained by the Patrons from the Spiritual in their own hands to their own private uses whereas the first
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
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
this House the summary cause of her Majesties calling and assembling of this great Council at this time which was he said not to make any more Laws as being many more already than well executed nor yet for any Subsidy albeit if need so required the same were convenient enough to be done but said he to consult for such matters as the like were never erst heard of nor any Parliament called for in former time that can be found or read of And so very excellently plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the Queen of Scots so called meerly tending to the ruine and overthrow of the true and sincere Religion established in this Realm the Invasion of Foreign Forces into this Realm Rebellion and Civil Wars and dissension within this Realm yea and withal which his heart quaked and trembled to utter and think on the death and destruction of the most Sacred Person of our most Gracious Soveraign Lady the Queens Majesty to the utter desolation and conquest of this most Noble Realm of England And so discoursing of the matter and great execrable Treacheries and Conspiracies of the said Queen of Scots even from the first to the last in particularities very amply and effectually such of them at the least as have been hitherto discovered shewing also very manifestly and evidently the proofs and all other circumstances of the same Treachery and Conspiracies and so thinketh good for his part that speedy Consultation he had by this House for the cutting of her off by course of Justice for that otherwise our said Soveraign Lady the Queens Majesties most Royal Person cannot be continued with safety concludeth with this Sentence Ne pereat Israel pereat Absolon Which done M r Chancellor of the Exchequer M r Chancellor of the Dutchy and M r Secretary Woolley using each of them severally very effectual Speeches at large touching the said horrible Treasons and Conspiracies caused and procured by the said Queen of Scots the House did then rise the time being far spent with reservation nevertheless by M r Speaker remembred for further Speech therein to be had by others of this House to morrow again and a saving also till some other more convenient time for such of this House as shall please to speak to the said Bill of Inrollments upon the said second reading of the same accordingly Vide 7 th November Monday On Friday the 4 th day of November M r Recorder of London having made Declaration unto this House that divers of the Members of the same do find themselves grieved for that their Servants attending upon them are daily arrested contrary to the ancient Liberties and Priviledges of this House and having further moved also that a like Committee of this House may at this time be appointed as had been the last Parliament for the examining and reporting Cases of Priviledge It was resolved and agreed by the House that the same shall be exercised and done accordingly And for the performance thereof the said M r Recorder Sir Henry Gate M r Robert Wroth and M r William Fleetwood were appointed by the Authority of the House Upon the Motion of M r Speaker putting the House in remembrance of continuing and further prosecuting of the great Cause they dealt in yesterday divers Speeches were made to that effect by Sir James Croft Comptroller of her Majesties Houshold Sir Francis Knowles Treasurer of the same Sir William Herbert Sir Thomas Scot M r Francis Bacon M r Alford M r Throgmorton M r Barker M r Dalton M r Biynbrigg and M r Sollicitor by all which it was concluded That considering the late horrible Treasons and Practices conspired against the Life of the Queens Majesty and also for the procuring of Foreign Invasion in respect of the Attempt and also for endeavouring to raise Rebellion within the Realm for and by Mary late Queen of Scots therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter which could never be unless the said Scottish Queen did presently suffer the due Execution of Justice according to her deserts And then upon the further Motion of the said M r Sollicitor for a Committee of this House to be had to confer of some convenient and fit course to be taken by Petition and Suit to her Majesty in that behalf with request also unto the Lords to joyn therein with this House to her Highness if it please them thereupon this Committee following was nominated and appointed in that behalf accordingly viz. all the Privy Council of the House Sir William Herbert Sir Thomas Scot Sir Henry Gate Sir William Moore Sir Thomas Manners Sir Thomas Fairfax Sir Robert Jermin Sir John Petre Sir Henry Cock Sir Henry Cobham Sir Henry Knyvet Sir John Higham Sir Thomas Stanhope M r Fortescue Master of the Wardrobe M r Randal M r Osborne M r George Moore M r Cromwell M r Beale M r Wroth M r Burlace M r George Carie M r Doctor Stanhopp M r Dale Master of Requests M r Francis Hastings M r Sollicitor M r Attorney of the Wards M r Serjeant Snagg M r Morrice M r Sandes M r Dalton M r Bacon M r Alford M r Barker M r Bainbrigge M r Throckmorton M r Corbett M r Palmes M r Pate M r Skinner M r Amersam M r Edward Lukenor M r Thynne and M r Hellyard Recorder of York who were all of them appointed by the House to meet in the Exchequer Chamber at two of the Clock this Afternoon On Saturday the 5 th day of November M r George Moore entring into some discourse touching the great Cause concludeth after sundry great and weighty reasons first shewed that only Popery is the chief and principal root of all the late horrible and wicked treacheries and practices and the Queen of Scots a principal branch issuing from the same root and the most perillous and full of poyson of all the other branches thereof for that the Papists in very deed for the most part not knowing the Person of the said Queen of Scots do wish the Establishing of her in the Crown of this Realm rather in respect of Popery which she would set up than for any affection they bear to her Person and so likewise for the most part all of them either wish or could easily bear the death of our Soveraign Lady the Queens Majesty though perhaps they would not shew themselves to be Actors or Dealers therein He therefore moveth that it may be joyned in the Petition for the great Cause that her Majesty may be moved to retain no Servants about her Highnesses Person but such only as may be well known both to profess the true and sincere Religion and also to be every way true and faithful Subjects And further that the Laws already in force against Papists may be put in due Execution Which Speeches being ended M r Speaker shewed that the
the thing we fear for if the thing be otherwise and our necessity greater the former doings are no Rules to us And so Precedents as they are not to be rejected so they ought not to be Eternal For the poverty of our Country we have no reason to think it poor our sumptuousess in Apparel in Plate and in all things argueth our riches And our dearth of every thing amongst us sheweth plenty of Money But it is said our Countries are poor and we must respect them that sent us hither Why so we must also remember who sent for us hither This Cause is hard for there is necessity against necessity danger against danger and inward discontent against outward Forces The poor are grieved by being overcharged this must be helped by increasing our own Burthen for otherwise the weak feet will complain of too heavy a body that is to be feared If the feet knew their strength as we know their oppression they would not bear as they do But to answer them it sufficeth that the time requireth it And in a Prince power will command To satisfy them they cannot think we overcharge them when we charge our selves with them and above them But if nothing will satisfy them our doings are sufficient to bind them If the multitudes of Parliaments be remembred heretofore many Subsidies now in one Parliament cannot seem burthensome The more Laws we make the less liberty we have to our selves And now one word for my self if my Speech hath offended excuse me I will not often trouble you hereafter M r Speaker said I do not desire to be thought arrogant for the thing which I will speak shall be out of duty belonging to my place Because I see many Speeches grow upon mistaking and one Speech mistaken to cause another mistaking sic undam gignere undam and so a great deal of time lost in words hereafter I will be bold if any man mistake in the point of a Bill to tell him of it before his Speech proceed for this Question of conferring with the Lords has taken up so much time only by mistaking for 't is granted by the House to have a General Conference They that should confer had need be authorized and instructed what to confer upon for he that hath but delegatam Potestatem will think nothing Promissum that is not Commissum and 't is certain non utile est ubi nulla est curatio morbi Therefore understand what is needful to confer upon The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture were referred unto M r Speaker to inform the Lord Keeper thereof No Return can be amended in this House For the Writ and Return are in Chancery and must be amended there And in the Chancery this is the Rule if the Sirname or the proper name of a party be mistaken in the Return the Lord Keeper will not amend it for such tender consideration is had of the free Election by the Corporations as no Information shall be credited against the Return but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return and then they by the same Writ shall have Authority to make a new Election Thus far out of the aforesaid Anonymous Journal On Wednesday the 7 th day of March Sir Edward Hobby moving the Cause of M r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper showeth That he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House that a Serjeant at Armes be sent by Order of this House for the said M r Fitzherbert at his own Charge by reason whereof he may be brought hither to this House without peril of further being Arrested by the way and the state of this Cause to be considered of and examined when he shall be come hither Which was thereupon well liked and allowed by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time John Legg Prisoner at the Bar Servant to the Earl of Northumberland as he saith after a good Exhortation given him by M r Speaker and the Oath of Supremacy pronounced by him at the Bar is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House paying his Fees Vide on Saturday March the third foregoing The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading and thereupon it was moved by some that it might now pass the House and be sent up also to their Lordships but others took Exceptions thereat because the Bill had not been as yet spoken unto Whereupon because it could not now be committed after the third reading it was by the Order of the House agreed that it should be spoken unto to Morrow and afterwards pass the House or be dashed as the Case it self should require The Bill for Naturalizing of William Sidney and Peregrine Wingfield was sent up to the Lords by M r Treasurer and others M r Serjeant Snagg and M r Serjeant Fleetwood do bring the Lords two Bills the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands and the other Intituled an Act to confirm the sale of the Lands of M r Raven Gentleman made unto Lisse Cave Thomas Andrewes and Edward Hisserigg Esquires towards the payment of a Debt due unto her Majesty M r Vice-Chamberlain shewed that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon Their Lordships thereupon were so pleased to do albeit they rather desired the same might have been done sooner And so reciting at large the particularities of the said Advertizement and whereof some happened since the last former Conference Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday It was in the end after sundry Speeches of divers grave Members of this House tending to divers forms of provision of Treasure some by way of
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
unto by the House of Commons with a competent number of them The Councel Learned on part of George Ognell and on the behalf of the Hospital of Warwick c. were openly heard in the House Vide concerning this business on Monday the 16 th day Tuesday the 17 th day and Friday the 20 th day of this instant January foregoing Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness The Committees in the Bill for punishment of Rogues Vagabonds c. who were appointed on Saturday the 21 th day of this instant January foregoing returned the same to the House with some Amendments by the Lord Archbishop of Canterbury and the Lord Chief Justice required to consider of the Amendments Two Bills were brought up to the Lords from the House of Commons of which the first being that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was presented by Sir Robert Cecill and others On Tuesday the 24 th day of January Three Bills of no great moment had each of them their first reading of which the first was that no person robbing any House in the day although no person be therein shall be admitted to have benefit of Clergy The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars was returned by the Lord Marshal second of the Committees with sundry Amendments thought meet to be added which Amendments were presently twice read and after consideration thereof had and much debate whether the Bill should so pass or no it was thought necessary to be recommitted to the said Committees who were appointed on Monday the 16. day of this instant January foregoing and the time and place appointed presently at the little Chamber near the Parliaments presence The Bill was brought in again with the same Amendments and no Alteration and thereupon commanded to be engrossed The Bill entituled An Act for the relieving of Clothiers concerning the weight of short broad and coloured Cloths to be made within the Counties of Suffolk and Essex was returned to the House by the Earl of shrewsbury the first of the Committees who made Report that upon hearing of both Parties and upon due consideration of the reasons and allegations by them alledged the Committees thought there could not be any further proceedings in the same Whereupon a new Bill was presented bearing this Title viz. An Act touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex which was presently read primâ vice The Bill for punishment of Rogues Vagabonds c. was brought into the House by the Lord Chief Justice with certain Amendments It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees may afterwards be contradicted or spoken against by any of the Committees but the doubt was left for the present unresolved Vide on Thursday the 12 th day of November in the Parliament de Anno 43 Regin Eliz. where this doubt was cleared and ruled affirmatively On Wednesday the 25 th day of January Three Bills had each of them one reading of which the last was the Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill Four Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for maintenance of Husbandry and Tillage Two Bills had each of them one reading of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars was read tertiâ vice The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays c. who had been appointed on Thursday the 12 th day of this instant January foregoing had not time at the day formerly assigned and moving for a new day to be appointed for their meeting the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber Notice was given to the House by the Lord Treasurer that the Committees upon the Bill concerning Tellors Receivors c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon according to the Order taken the 23 th day of January But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers otherwise than to speak as they should see cause as private men and desired that the Answer might be communicated to the said Commons in writing the Lords therefore sent down the said Answers to the House of Commons by the hands of M r Attorney General and M r Doctor Stanhop The Committees upon the Bill concerning the draining of Waste and Marish grounds and who had been appointed on Wednesday the 11 th day of this instant January foregoing were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon The Amendments upon the Bill for punishment of Rogues Vagabonds c. were twice read And thereupon the Bill with the said Amendments was commanded to be engrossed On Thursday the 26 th day of January the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts c. was returned by the Earl Marshal the second of the Committees by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill A Motion was therefore made that the Cause might be ended by some Arbitrary Course Whereupon the Parties on both sides were called into the House and moved to that purpose unto which they assented and made choice of the Earl of Rutland the Lord Bishop of London and the Lord Mountjoy who were appointed to meet this Afternoon Vide concerning this matter on Tuesday the 17 th day of December foregoing Six Bills of no great moment had each of them one reading of which the fifth being the Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Attorney General The Bill for the lawful making of Bayes c. was returned by the Earl Marshal the second of the Committees with a Proviso thought meet to be added which Proviso was twice read and commanded to be engrossed The Bill to reform deceits and breaches of
and our expectations The Clerk of the petty Bag the Clerk of the Crown and the Clerk of the Parliament attended us The Clerk of the Parliament delivered unto us a fair Record containing a Writ sent out sedente Parliamento for so are the words it was for the Knights of Yorkshire and Lancashire and this was all he could shew only he said an old Officer would be sworn there were more but lost by Garth's decease The Clerk of the Crown dealt with us two ways The First by way of experienced Officers The Second by way of Precedent For the First one Stephen Brown was brought forth before us who hath been an Officer in the Crown-Office these thirty six years And being asked if he knew how Warrants were directed he answered that in the time of the Lord Keeper Bacon he that was Speaker of this House directed them to the Clerk of the Crown Being further asked if they were impugned he Answered No. Being asked where these Warrants were kept he said on the Labels in the House The said Clerk shewed us sive Precedents and one Order the rest were lost by M r Watson's death as the other Precedents were by the death of M r Garth the Clerk of the Parliament of the 13 th of Queen Elizabeth when Sir Christopher Wray was Speaker As also One Order dated 18 th of March 1580. die Sabbathi that a Warrant should be directed to the Clerk of the Crown to chuse a new Burgess for Norwich instead of one Beamont the words whereof were It is required of the Knights Citizens Burgesses and Barons c. As also another Order dated die Sabbathi 18 o Martii 1580. in these words It is further agreed upon and resolved by this House that during the time of sitting of this Court there do not at any time any Writ go out for the chusing or returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Ancient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates and Will. Fleetwood who were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde the effect whereof was That forasmuch as they were Arrested into the Kings Bench whereas we find them priviledged as Members of this House a Warrant was directed to the Clerk of the Crown for making Writs of Priviledge as aforesaid Dated from Westminster the sixth day of December Therefore for mine own opinion and according to these Precedents I think they ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March 35 o Eliz. where a new Writ was to be Awarded out concerning M r Fitzherbert and all Writs of priviledge to come from the Chancery And the Speaker made a new Warrant to the Lord Keeper to make a new Writ In the like case both touching Southwark and Melcombe Regis for I think the Warrant ought to be directed to the Lord Keeper M r Pate of the Middle-Temple shewed that Ratio Legis was Anima Legis And he that presents a Precedent without a reason presents a body without a soul. There is a difference in Writs there are Brevia ex gratia speciali and Brevia cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs of course by the Lord Keeper M r Secretary Herbert shewed how that he with other three by their Commandments had been with the Lord Keeper whom he found most Honourably to entertain and receive both him and the rest And that his Lordship did greatly respect both the majesty and gravity of this Assembly and said that he woud be loth to derogate any thing from either Notwithstanding he hoped and prayed that if any further Precedents had improvidently gone from this House or contrary to the most antient usage that we would now settle our resolution and stablish and decree that which might be a sufficient Warrant unto him to put in Execution our Commands and also increase the Majesty and Honour of this House which he most heartily wished might ever continue And for my part thus much I can assure you that we cannot wish him to be more Honourable or more agreeable to this House than we found him Henry Doyley of Lincolns-Inn said M r Speaker I take it there is a Precedent this Parliament which will decide this Controversie For an Honourable Person of this House being chosen with my self Burgess for Wallingford and also Knight of a Shire chose to be a Kuight And a Warrant went from you M r Speaker directed to the Clerk of the Crown for the Election of a new Burgess who is since Chosen and Sworn and is now a Member of this House M r Thomas Fortescue by name M r Flemming said The Clerk of the Crown is our immediate Officer he is to be Attendant between the two Doors of the Upper House and Lower House when any Warrant General is required he is to subscribe it to certifie it c. he is to convey our minds and Messages to the Upper House c. Yea this Warrant is to be directed to him Then all cryed to the question Then M r Speaker stood up and said The Question must stand on three parts First if the Warrant shall be directed to the Clerk of the Crown Secondly to the Lord Keeper Thirdly if without any direction The House after this Speech was in great murmur and very loud then stood up one and said M r Speaker Let the first Question stand and then all will be at an end Then the Speaker said Shall the first question stand And all said Yea. Then he said All those that will have the Warrant directed to the Clerk of the Crown cry Yea and all those that will not cry No. And the Yeas got it a little Then he asked if he would have this Order entred of Record and all cryed Yea Yea. Thus far out of the private Journal Now follows some part of the next days Passages out of the Original Journal-Book it self On Monday the 16 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for enabling Edmund Mollineux Esq to sell Land for the payment of his Debts And the last being the Bill for reformation of abuses used in buying and selling of Spices and other Merchandizes had each of them their first reading Thus far out of the Original Journal-Book of the House of Commons the residue of this days Passages for the most part is transcribed out of that often before-mentioned private Journal M r Henry Doyley a Barrester of Lincolns-Inn made a Motion and said M r Speaker I think my self bound in Conscience to certifie you of an Infamous Libel that is newly Printed and spread abroad since