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
r Hen. Killegrew M r William Gerrard M r Dalton and M r Peacock Vide concerning this matter on Thursday the 26 th day of June following On Tuesday the 13 th day of May the Bill for the Almeshouse of Plymouth in the County of Devon was read the second time and committed unto M r Edward Stanhope and M r Robert Snagg and by them in certain points amended and returned again Five Bills also of no great moment had each of them their first reading of which the first was against fraudulent Conveyances and secret Estates of Lands and the second for Christs Hospital On Wednesday the 14 th day of May Two Bills of no great moment had each of them one reading of which the second being the Bill that Tenants and Defendants in Actions may pray a Tales de circumstantibus as well as Plaintiffs and Defendants was read the first time and delivered to M r Fleetwood to be augmented for the Counties Palatine The Bill lastly for Explanation of a Statute made that the Lands and Goods of Tellors and Receivors should be liable to the payment of their Debts was read the second time and committed unto Sir Walter Mildmay M r Wilbraham M r Fanshawe M r Norton M r Sampoole and M r Robert Snagg who were appointed to meet at three of the Clock at Sir Walter Mildmay's House On Thursday the 15 th day of May M r Attorney General and M r Sollicitor were sent from the Lords to require M r Speaker that a convenient number of this House should attend upon their Honours in the Council-Chamber for Conference and signified that they had good liking of the first Committees for that purpose on Monday last Whereunto the House being moved by M r Speaker fully assented And upon the repair of the said Committees to the Lords and their return to this House again it was declared by M r Treasurer that the said Lords had appointed to meet in the Afternoon at two of the Clock in the Star-Chamber willing them to attend them there for further direction and a Plot to be devised for their manner of proceeding in the matter concerning the Queen of Scots Vide de ista materia on Thursday the 26 th day of June ensuing The Bill for the due Execution of the Statute for Weights and Measures and reformation of the abuses of the Clerk of the Market was read the first time On Friday the 16 th day of May A Motion being made whether it were convenient that this House and the Lords should join in Petition to move the Queens Majesty for the Execution of the Duke of Norfolk who was afterwards Beheaded on the Tower-Hill on the 10 th day of June following or that the common opinion of this House touching necessary Execution to be done upon him were meet to be signified unto her Highness as their general Resolution And upon the Question all the House thought that the general resolution was meetest to be signified unto her Majesty but not by way of Petition or direction of this House Two Bills also of no great moment had each of them one reading of which the second being the Bill against fraudulent Conveyances and secret Estates of Lands was read the second time and committed unto Sir Hen. Gates Sir Nichol. Arnold M r Recorder M r Mounson M r Fenner M r Edward Stanhoppe M r Snagg who were appointed to meet in Lincolns-Inn-Hall this Afternoon at two of the Clock and to return the Bill to Morrow On Saturday the 17 th day of May Five Bills of no great moment had each of them their first reading of which the last being the Bill that Patrons shall not lose their Presentations by lapse without notice when the Incumbents take another Benefice was read the first time Upon sundry Motions made by divers of this House it was Ordered that Arthur Hall Esq for sundry lewd Speeches used as well in this House as also abroad elsewhere shall have warning by the Serjeant to be here upon Monday next and at the Bar to answer to such things as he shall then and there be charged with And it was further Ordered that all such persons as have noted his words in writing either in this House or abroad do forthwith assemble in the Chamber above and put the same words in writing and afterwards deliver them to M r Speaker to the end he may charge the said Hall on Monday next On which said day see more concerning this matter On Monday the 19 th day of May Four Bills of no great moment had each of them one reading of which the last being a Bill for the Repeal of a former Statute made for the Town of Shrewsbury was read the second time and Ordered to be ingrossed The Bill for Explanation of 32 H. 8. for Recoveries was read the second time and committed unto the Master of the Wardrobe Sir Nicholas Arnold M r Attorney of the Court of Wards M r French M r Bowreman and M r Snagg Wednesday next was appointed unto Lodwicke Grevill Esq to make his appearance in this Court at the same hour he should have appeared this present day The Bill concerning Presentations by Law was read the second time and Ordered to be considered of by M r Tho. Browne M r Doctor Yale M r Wolley M r French M r Baber M r Jeoffrey M r Gates and M r Bowreman who were appointed to meet this Afternoon in the Middle Temple Church M r Doctor Lewes and M r Doctor Vaughan brought from the Lords a Bill touching Vagabonds and for relief of the Poor The Bill concerning Rites and Ceremonies was read the second time and Ordered to be ingrossed M r Doctor Yale and M r Doctor Huick brought from the Lords a Bill against the Forging of Foreign Coin not currant within this Realm Four Bills also of no great moment had each of them one reading of which the second being the Bill against the deceits of Under-Collectors of the Tenths and Subsidies of the Clergy was read the second time and Ordered to be ingrossed M r Attorney of the Court of Wards in the name of all the Committees in the great cause whose names see on Monday the 12 th day of this instant May foregoing made report unto the House of their Conference therein had with the Lords which being done after sundry Speeches it was upon the Question resolved by the House for the better safety and preservation of the Queens Majesties Person and the present State to make choice of proceeding against the Scottish Queen in the highest degree of Treason and therein to touch her as well in Life as in Title and Dignity and that of necessity with all possible speed by the whole Voice of the House But upon what occasions or motives the House grounded this their advice and resolution doth not appear in the Original Journal-Book of the same But most probable it is that they were the same which remain in written Copies in
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
Thursday the 11 th day of February the Bill against partial Juries and Tryals was upon the second reading ordered to be ingrossed M r Recorder of London M r Cromwell and M r Sandes being returned from the Chancery did declare unto the House that they have been in Chancery within the Court and there were very gently and courteously heard in the delivery of the Message and charge of this House committed unto them and were answered by the Lord Chancellor that he thought this House had no such liberty of Priviledge for Subpoena's as they pretended neither would he allow of any Precedents of this House committed unto them formerly used in that behalf unless this House could also prove the same to have been likewise thereupon allowed and ratified also by the Precedents in the said Court of Chancery And after some other Speeches and Arguments the said Mr. Sandes and Mr. Cromwell were further appointed to search the Precedents of this House against to morrow that thereupon this House may enter into further Consideration of the state of the Liberties and Priviledges of this House accordingly Vide plus concerning this matter amongst the passages of the day foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill to avoid partial Tryals and Juries was read the third time and passed upon the Question Mr. Roger Erith Esquire one of the Burgesses for the Borough of Wilton in the County of Wilts being sick was upon a Motion made to this House licensed to depart into the Country for the better recovery of his health Upon a Motion made by Mr. Recorder that those of this House towards the Law being the most part of them at the Bars in her Majesties Courts attending their Clients Causes and neglecting the Service of this House be called by the Serjeant to repair unto this House presently and to give their attendance in the service of the same It was Ordered That the Serjeant of this House do forthwith repair unto all the said Courts and there give notice and charge from this House that all those of this House that are in any the same Courts or at any of the Bars of the same Courts shall presently make their repair unto this House and give their attendance here And the said Serjeant being sent shortly after many of them came into this House upon the said Commandment accordingly After which said Motion the Bill touching Collectors of Issues lost by Juries was passed upon the Question without allowance of any Proviso from the Clerks of the Extracts in the Exchequer Upon a Motion made by Sir William Herbert that Mr. Recorder of London who erst made a Motion to this House That those of the Law being Members of this House and then attending at the Bars in the Courts in the Hall might be sent for to give their attendance here in this House being now since their coming in gone out of the House himself and as he was informed was presently pleading at the Common Pleas Bar to the great abuse of this whole House might be forthwith sent for by the Serjeant to answer his said contempt It was Ordered That the Serjeant of this House do forthwith go to the said Common Pleas Bar and charge the said Mr. Recorder to make his present repair unto this House for his attendance but not to answer to any contempt The Bill touching the Water-Bailiff was read the first time Five other Bills of no great moment had each of them their last reading and were sent up to the Lords by Mr. Treasurer and others of which the last was the Bill of Explanation and Addition unto the former Statute for maintenance of Rothester Bridge Mr. Anthony Kirle was brought to the Bar by the Serjeant of this House and charged by Mr Speaker in the Name of this whole House with a Contempt to this House for that he had served Alban Stepneth Esquire being a Member of this House returned into the same a Burgess for the Town of Haverford West with a Subpoena out of the Star-Chamber in the Parliament time and within the Palace of Westminster as the said Mr. Stepneth was coming to this House to give his attendance there and further afterwards procucured an Attachment out of the said Court against him to the great hinderance and impediment of the said Mr. Stepneth his service and attendance in this House and also to his great cost and charge To which he answered True it was he served a Subpoena upon the said Mr. Stepneth in a Cause of Suit not then knowing him to be a Member of this House and afterwards understanding that the said Mr. Stepneth made default of his appearance upon the said Subpoena and that four or five days after the return of the Writ he made an Affidavit in the said Court of the serving of the said Subpoena and so obtained an Attachment against the said Mr. Stepneth at which time he was told by one of the Attornies of that Court that the said Mr. Stepneth was a Member of this House alledging that before that time he knew him not to be of this House and did then also forbear to cause the said Attachment to be executed upon him In doing whereof if he have given cause of offence or contempt unto this House as he had done the same ignorantly so did he he said humbly submit himself therein to the good and favourable Consideration of this House Which done he was sequestred out of the House And then after sundry Motions had in the same matter and by some of which it appeared that the said Mr. Stepneth had with payment of Money to Mr. Kirle's Attorney redeemed his liberty from being arrested by the said Attachment It was at last resolved by this House That the said Mr. Kirle had committed a great contempt to this whole House and the Liberties and Priviledges of the same both in serving the said Subpoena upon the said Mr. Stepneth and also in procuring the said Attachment against him and in all the residue of the parts of the said Suit from the time of serving the said Subpoena thitherto And thereupon ordered and adjudged by this House That the said Anthony Kirle shall for his said contempt be committed Prisoner to the Serjeants Ward and Custody there to remain during the pleasure of this House and shall also satisfie and pay unto the said Mr. Stepneth as well all such his Costs and Charges and Expences by him expended in and about the same Suit as shall be set down and agreed upon by Mr. Morrice and Mr. Miles Sandes who were for that purpose appointed by this House to confer with the said Mr. Stepneth and to examine those Charges as also all other Charges which the said Mr. Stepneth hath been at or defrayed unto the said Serjeant in or about the arresting which should have been executed upon him by virtue of the foresaid Attachment out of the said Star-Chamber at the Suit
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
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
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
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
offence of his Conscience be silent Albeit he would acknowledge willingly that many hundreds of that Honourable and Worshipful Assembly were well able to teach him and he indeed willing to learn of them all the matter of his grief was that matters of importance standing us upon for our Souls stretching higher and further to every one of us than the Monarchy of the whole World were either not treated of or so slenderly that now after more than ten days continual consultation nothing was thereon concluded This Cause he shewed to be Gods the rest are all but Terrene yea trifles in comparison call you them never so great or pretend you that they import never so much Subsidies Crowns Kingdoms he knew not he said what they were in comparison of this this he said I know whereof he most thanked God primum quaerite Regnum Dei caetera omnia adjicientur vobis This Rule is the direction and this desire shall bring us to the light whereupon we may stay and then proceed unto the rest for in his word and by him we learn as saith S t Paul to correct reform c. Our true home certainly is not here Non habemus hîc permanentem Civitatem and the Justice of God moved Terror unto all which he seemed to mean concerning the Bill before-mentioned of Strickland's Propositions And so did set it forth with vehemency that there lacked no modesty and with such Eloquence that it neither seemed studied nor too much affected but grave and learned throughout and no whit too long but very well approved of And after him M r Snagge and far after him indeed either for order proof or matter he entred into the discourse of Strickland's Articles and seemed to maintain them this namely not to kneel at the receiving of the Communion but rather if a Law hereof should be made to lye prostrate to shun the-old Superstition or otherwise to set every man at liberty and in this behalf to do according to his Conscience and Devotion he judged it to be nothing derogatory or contrary to the Prerogative And the directions he thought fit to be left out of the Book which should be a Law c. After which Arguments it was upon the question agreed That a Petition should be made by this House unto the Queens Majesty for her Licence and privity to proceed in this Bill before it be any further dealt in The Bill for the Commission of Sewers was read the third time and after some Arguments passed upon the Question and was sent unto the Lords by M r Treasurer and others The Bill against Licences and Dispensations granted by the Archbishop of Canterbury was put to the question Whether it should be read or no It was over-ruled in the affirmative and had thereupon its first reading After which M r Alford although a Bill be not usually spoken unto until after the second reading spake against the Bill and endeavoured to prove that Licences for Marriages in some cases might be needful and that Dispensations also for non-residence might upon some occasion be of great necessity as if a Minister should be imployed upon some Foreign Ambassage or other matter of great weight M r Yelverton much disliked as it should seem M r Alford's Speech and spake very vehemently in maintenance of the Bill alledging that as he thought no good Christian could be against it in respect that by the very words of the Bill it appears that it was only framed for the suppression of such Licences and Dispensations as were contrary to the Word of God M r Dalton spake next against the Bill and grounded his opinion only upon this vain supposition That a Bishop can do nothing contrary to the Word of God M r Beadle spake next in maintenance of the Bill but the substance of his Speech is so briefly and imperfectly set down as it cannot be gathered what his Reasons were M r Manwood spake very judiciously and moderately allowing well the scope and meaning of the Law but wished that in respect it mentioneth the redress of many Grievances those same Grievances might first be particularly made known to the House before the Bill were any further proceeded in M r Fleetwood approved the Bill yet spake not directly for it but very covertly guirded at the Ecclesiastical Judges and the Office of Faculties shewing also in the conclusion of his Speech that Livings are given to Ministers for the instructing the King and his People and for the keeping of House and other deeds of Charity all which if they were absent by dispensation he inferred must of necessity be neglected Serjeant Lovelace lastly as it should seem concluded further Speech in this business shewing the use and commodity of this Bill in question but doubted that there was not power enough given therein nor sufficient remedy provided for redress of the mischiefs thereby supposed to grow by reason of the Granting the aforesaide Licences and Dispensations Upon which it should seem that some Members of the House were appointed to consider of the said Bill but their Names are not found in the Original Journal book of the House of Commons or in that before-cited Anonymous Journal out of which both the preceding and ensuing Speeches are transcribed M r Norton made a Motion by Warrant of this Court by the wisdom and godly care which in matters of weight was to be imployed That to avoid the shameful and most hateful usage amongst the Ecclesiastical Judges for delivering of Clerks convict upon their Oaths and the manifest Perjury there by their Law against the Law committed some order might be taken He proved it might not be said a Liberty of the Church except they will claim a liberty to sin wherein indeed their principal liberty hath stood and for the which they have not spared to hazard nay to give both their bodies and Souls to become Traitors to God and Man Thus did that Rebel Bishop Becket whose principal quarrel and chief cause of all his stir was that the King would have punished one of his Mark a Priest for an abominable Incest committed by him which trifling fault forsooth this Holy Saint could not endure to be rebuked by a Temporal Judge Et hinc illae irae He shewed it could not be termed a Priviledge and incouragement to Learning since it was no other but a Cloak for their Naughtiness and for such as might be of the Popes Sect as well appeared in that it was allowed to none but to such as might enter their Holy Orders and not to one that had two Wives He shewed at large the Circumstance of their practised Order upon the purgation of such Clerks declaring of truth so disordered and hateful doings that the whole House resolved to take care for redress There was then next after by the Policy of Sir Humphrey Gilbert a Motion made by one to have in talk the griefs which before had been uttered in the House concerning the deceitful
to be used to the Glory of God and Ministry of his Word The second part to be holden for defence against our Enemies by the Sword The third for maintenance of our livelihood at home and for necessary imployments here Of these three grounds in the first division there groweth to our knowledge three sorts of men the Ministers and Teachers of the Gospel of whom we must have care and with whom in making of Laws we must conferr if we will be Christians The second are the Nobility Knights and Souldiers the Defenders and Fortresses against our Enemies The third sort be the Providers Devisors and Executors of all things necessary commodious or seemly for a setled Estate which hath the happiness to live there where is Pax Justitia for increase of our Wealths sustenance of our Laws the governing of bodies or what else soever is necessary for us such are the Counsellors such are the Judges and Ministers of the Laws such be the Tillers of the Earth such be Merchants such be Victuallers and in this degree be those who do use Manual and Mechanical Arts. Of all these in like sort as of the others regard care and respect must be had they throughly consulted with the general and particular States are by them to be known if we mean to proceed for the Publick Weal or endeavour in the same a true perfection These last sort making one kind are most ample and thereto most effectual to be dealt with as yielding to the rest supplementum consilium auxilium The second sort is likewise most necessary to be thought of The first are best and first to be followed but those are all to be in one knot conjoyned and as members of one body in one to be used We may in regard of Religion lye in the Dike as the Proverb is long enough without our own aid if we do nothing but pray for the help of Hercules We may not trust only to the Sword lest the common known Saying of Cicero should turn to our shame Parva sunt soris arma nisi Consilium Domi. Neither our Preaching nor our praying to God are only sufficient but withal we must do our endeavours and help each other since for the driving away of a Dog there is as the Country-man saith some virtue in a stone if it be conjoyned with S t John's Gospel I mean that every part of the body should do his own part to the aid of the other the hand to help the hand the foot to help the foot c. This hath moved our Forefathers and on this ground hath it grown that in this Court where we are to consider of all and as occasion may serve to alter constitute or reform all things as cause shall be that we do know all sorts of men so far as may be to help all How may her Majesty or how may this Court know the estate of her Frontiers or who shall make Report of the Ports or how every Quarter Shire or Country is in state We who never have seen Berwick or S t Michael's Mount can but blindly guess of them albeit we look on the Maps that came from thence or see Letters of Instruction sent some one whom Observation Experience and due Consideration of that Country hath taught can more perfectly open what shall in question thereof grow and more effectually reason thereupon than the skilfullest otherwise whatsoever And that they should be the very Inhabiters of the several Countries of this Kingdom who should be here in times certain imployed doubtless it was the true meaning of ancient Kings and our Forefathers who first began and established this Court But leaving what I cannot reach unto the first constitution and freedom of this Court the old President of Parliament-Writs do teach us that of every Country their own Burgesses should be Elected the Writ to the Sheriff and Burrough is directly so and the Writs to the Cities being Counties are Quod ex vobis ipsis eligatis duos Cives c. which do prove it to be so the Statute in the 1 H. 5. for the Confirmation of the old Laws was therefore made and not to create a new unknown Law and that other in the .... H. 6. was made to redress the mischief which by breach of that old Law did grow These do conclude it without contradiction that for that time it was thought fit to continue the ancient Use Liberty and conveniency of Service We know that such as have spent their whole time in Service or have seen only the manner of Government of other Nations and can tell you how the Crown of France is delivered out of Wardship or otherwise tell a Tale of the King of Castile and Portugal how they in making of Laws do use their own discretion the King of Denmark useth the advice of his Nobles only and nothing of his Commons nor can paint you out the monstrous Garments of the common People in some parts of Germany or the mangled Common-Wealth of the Allies or shadows of the great Cities which now are to be seen in Italy surely all those men except they know also our own homes are not to be trusted to conclude for our own Home-Affairs Doubtless the best learned for matters of Commodity to be raised or to be wrought in his own Country may happily give place to his own Neighbours even as wisely and learnedly a Gentleman said of late In every Commitment according to the matter there must be a Declaration of men as for Merchandize the Merchant and so forth Unicuique in suâ arte perito credendum we hold for a Maxime And I mean this wholly to no other end but since we deal universally for all sorts and all places that there be here of all sorts and all Countries and not seeing you list so to term it thus to ease them of Towns and Boroughs that they may chuse at liberty whom they list yet can I hardly call that a Liberty which is contrary to that which the King and the Queen commonly granteth as a free gift and by these words Et de majori gratiâ meâ c. dedimus potestatem c. quod de se ipsis eligant duos Burgenses or duos Cives we take it more for a man to have of his own than to have by any mans discretion of another It hath been of late oft and well said that to nominate another to a Benefice is nothing worth in value but if it be that a man may take the benefit himself that is both valuable and estimable that cannot hurt that is ever good for me if it be ever tied in nearest sort unto me and for this reason we say in Law that the Estate Tail which must continue in our own Blood is better than the Estate in Fee simple which may be got further from us and is to be given to Strangers at pleasure mischiefs and inconveniences there may grow by this Liberty but a
mischief it may be to me and inconvenient also to utter the same I will not speak thereof but dutifully neither do I see any thing that is amiss at this present what was done a hundred years since I may safely tell and thus it was A Duke of this Realm wrote his Letters to a City which I know to this effect whereby he did signify that a Parliament was to be Summoned in short time and that for great causes he was to crave aid of all his Friends and reckoning them amongst the rest he wished them of four under-nominated to chuse two the Letter under the Dukes Seal is still preserved but hear you the Answer he was written to with due humbleness that they were prohibited by Law they might chuse none of them I will venture a little nearer In Queen Maries time a Council of this Realm not the Queens Privy-Council did write to a Town to chuse a Bishops Brother and a great Bishops Brother it was indeed whom they assured to be a good Catholick man and willed them to chuse to the like of him some other fit man The Council was Answered with Law And if all Towns in England had done the like in their Choice the Crown had not been so wronged and the Realm so robbed with such ease at that Parliament and truth banished as it was what hath been may be there is no impossibility It will be said I mistake it is not meant but that Towns shall be at liberty to chuse whom they list I say that Liberty is the loss of Liberty for when by Law they may do what they will they may not well deny what shall be required It is too truly said Rogando cogit qui rogat potentior And I have known one that to avoid a great mans displeasure that dwelt near him that was desirous as he knew to buy his Land did upon small occasion bind himself not to alienate his Land from his true Heirs this being known I mean that he was bound as aforesaid the great man was contented to let him keep his own quietly which otherwise he would not have done Surely Law is the only Fortress of the inferior sort of People and contrary to the Law the greater sort will not desire or expect anything Though now at this present God be praised we need not to fear the greatness of any man Justice is so well administred Yet hereafter whatsoever hath been we may fear either for maintenance of Faction or maintenance of Mischief Again I say it may be what heretofore was possibly again may be We stand and have stood of late upon the notorious manifestation of the Authority of Parliament except withal you keep the ancient usage of the same and withal endeavour the freedom thereof in effect you do nothing if I guess aright It is further said that in some Towns there are not men of discretion fit they be not the wiser said the Gentleman that spoke before for being Burgesses I can never be perswaded but that either the Lord whose the Town is be the Town never so little or the Steward if it be the Queens or some good Gentleman of the Country adjoinant will either assign them who know the Town and can be content to be free among them and to serve by their appointment for their Country and for them or else for some reasonable Fee such as be of their Learned Councel and who know them and the Country will deal for them I mean it not so strictly that those who should be chosen should of necessity be dwellers in the Town but to be either of the Town or towards the Town Borderers and near Neighbours at the least and to this effect I would the Bill were framed I stand too long hereon and abundance of matter occasioneth confusion this is all It was meant at the first and first Constitution of Parliament that men of every quarter and of all sorts should come to this Court that they should be freely chosen This in every Age hitherto hath seemed best to alter without cause is not convenient to give every Town liberty may offer in time inconvenience None so fit for every Country as those who know the same To chuse of their own it is a Liberty to lose their Liberty I think it a bad Commodity call it as you please by such kind of release in easing men of their Wealths or of some good part of their Living beshrow our Charity And in like sort and in like reason it seems to me this Law is inferred out of the Preface of the same For thus it is penned Forasmuch as some Towns are decayed and have not of their own therefore let every Town do what they list Of a particular Proposition to make a general conclusion it is against our Rules and nothing as saith the Philosopher is more absurd than non causam pro causà Some Towns cannot send fit men it standeth very strongly if you seek to help let the Plaister be fit for the sore let not the Salve be stretched too far lest the whole and sound flesh by the broad spreading of the Salve do either smart fret or fester The Medicine which healeth the sick man may be poyson for the whole and sound man All Citizens and Burgesses should not be thought alike and yet all provided for as there is due cause let there be therefore convenient consideration how to heal how to hurt And I could wish according to the weight of the matter it might be rather staid on than thus abruptly over-ruled and while we fly Scylla we fall not into Charybdis while we say that Boroughs cannot send to this High Court so fit men as be convenient that by altering the ancient usage which is the only Warrant and sole stay of freedom in Parliament it may happily be said we have no Parliament now within this Realm nor Liberty at all for any such here to be holden M r Bell in Answer of this did collect the substance of what had been said and in a long Discourse shewed that it was necessary all places should be provided for and not Boroughs only being but one of the Members of the Common-Wealth and that some of them have neither Wealth to provide fit men nor themselves any in any sort convenient He thought not amiss if in respect of those manifest wants convenient supply should be but without the Warrant of Parliament such alteration might not be He then thought it not amiss to be advised And for the objection of the danger which may ensue by reason of the Letters of Noblemen he could not he said but think it convenient to prevent the same and therefore wished that there might be the penalty of forty pound upon every Borough that should make such Election at the Nomination of any Nobleman M r Alford reasoned to this effect That above all things necessary care ought to be for the chusing and having of fit men to supply the place
there was such fulness of Power as even the right of the Crown was to be determined and by Warrant whereof we had so resolved That to say the Parliament had no Power to determine of the Crown was High-Treason He remembred how that men are not there for themselves but for their Countries He shewed it was fit for Princes to have their Prerogatives but yet the same to be straitned within reasonable limits The Prince he shewed could not of her self make Laws neither might she by the same reason break Laws He further said that the Speech uttered in that place and the offer made of the Bill was not to be condemned as evil for that if there were any thing in the Book of Common-Prayer either Jewish Turkish or Popish the same was to be reformed He also said that amongst the Papists it was bruted that by the Judgment of the Council Strickland was taken for an Heretick it behoved therefore to think thereof M r Fleetwood first shewed the order of Civil Arguments from the cause to this effect that time must be known and place observed He said then that of Experience he could report of a man that was called to account of his Speech in 5 to of this Queen but he said he could not meddle with so late matters but what he had learned in the Parliament Rolls he thought convenient should be known and considered of In the time of H. 4. a Bishop of the Parliament was Committed to Prison by Commandment of the King the Parliament resolved to be Suitors for him And in King H. 5. the Speaker himself was Committed c. with him another of the House the House thereupon stayed but remedy they had none other than to be Suitors to the King for them whereupon he resolved that the only and whole help of the House for ease of their grief in this case was to be humble Suitors to her Majesty and neither send for him nor demand him of right During which Speech the Council whispered together and thereupon the Speaker moved that the House should make stay of any further Consultation thereupon Thus far of these Speeches out of the aforesaid Anonymous Journal unto which for the intire making up of this present days agitations these passages following are transcribed out of the Original Journal-Book it self of the House of Commons in manner and form following M r Comptroller moved touching the Bill for Bristol that Licence might be granted to amend it in form not changing the matter which was assented unto The Bill concerning coming to Church and receiving of the Communion was read the second time A Proviso to the Bill concerning coming to Church and receiving the Communion was read the first time The Bill for Shrewsbury was read the second time and ordered to be ingrossed On Saturday the 21 th day of April an Addition to the Bill for coming to Church and receiving of the Communion was read the first time A Proviso to the Bill for coming to Church and receiving of the Communion was read the first time The Bill for coming to Church and receiving the Communion with the Additions and Provisoes were Committed unto M r Treasurer M r Chancellor of the Dutchy Sir Thomas Smith M r Moore M r Henry Knolles Sen. M r Sampoole M r Mounson M r Bell M r Yelverton M r Agmonderon M r Boyer M r Thomas Snagg and M r Strickland who were appointed to meet in M r Treasurers Chamber at the Court at two of the Clock in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons Now follows an Observation upon M r Stricklands coming to the House this day being nominated the last Committee in the Bill foregoing out of that often before-cited Anonymous Journal because it doth conduce very much to the Declaration and maintenance of the Liberties of the House for the said M r Strickland having on Saturday the 14 th day of this instant April pressed very earnestly the reformation of the Book of Common-Prayer and some Ceremonies of the Church was after the Adjournment of the House of Commons on that day being Easter Even called before her Majesties Council about the beginning of the Week following and was commanded by them to forbear coming to the said House in the mean season and to attend their further pleasure whereupon on Friday immediately foregoing being the 20 th day of this said instant April divers Speeches and Motions having passed in the House touching the breach of the Liberties thereof by restraint of one of their Members from repairing thither although he were neither imprisoned nor confined M r Speaker did at last desire them to forbear further Consultation in the said matter And the House having at his said request passed over the residue of the said day in the Morning in the agitation of other business the above-mentioned M r Strickland did this Forenoon upon an Advertisement as it should seem from her Majesties Council repair again to the said House soon after it was set And coming just upon the time when the foregoing Bill for coming to Church and receiving the Communion was in the referring to Committees the said House did in witness of their joy for the restitution of one of their said Members awhile from them restrained presently nominate him one of the said Committees as appeareth plainly by their names immediately foregoing being inserted out of the Original Journal-Book of the said House out of which these next ensuing passages do follow in manner and form following The Bill for William Skeffington Esq was read the second time and Henry Sacheverel being present at the Bar and in open Court confessing the fraud offered by way of excuse a Bill of causes moving him thereunto which was read also and ordered to be ingrossed The Proviso to the Bill for coming to Church and receiving of the Communion was read the second time upon which as it should seem divers Arguments ensued although no mention thereof be made in the aforesaid Original Journal Book it self and are therefore supplied out of that often before-cited Anonymous Journal in manner and form following viz. M r Aglionby argued that there should be no human positive Law to inforce Conscience which is not discernable in this World To come to the Church for that it is publick and tendeth but to prove a man a Christian is tolerable and convenient and not to come to Church may make a man seem irreligious and so no man for that by Religion only a man is known and discerned from Brute Beasts and this is to be judged by the outward show But the Conscience of man is Eternal invisible and not in the power of the greatest Monarchy in the World in any limits to be straitned in any bounds to be contained nor with any policy of man if once decayed to be again raised He shewed that neither Jew nor Turk do require more than the submission 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
Popham M r Stanhope M r Colbie and M r Broughton The Bill against abusing of Licences to transport forbidden Wares was delivered to M r Comptroller Post Meridiem In the Afternoon five Bills of no great moment had each of them one reading of which the second being the Bill touching Inquisitions and Offices to be taken within the Counties Pallatine and the third being the Bill touching Wharfs and Keyes were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The former Committees for the Bill of Apparel who were appointed on Saturday the 10 th day of this instant March foregoing were sent up to the Lords for Conference as well in that Bill as in the Bill for preservation of Pheasants and Partridges Thus far out of the Original Journal-Book of the House of Commons that which follows touching the proceeding of the Committees in the Bill for restitution in Blood of the Heirs of the Lord Stourton is inserted out of that large Memorial or written Discourse of the whole Carriage of that business I had by me being prout sequitur The Committees reading deliberately the Bill and the whole Contents thereof partly upon causes alledged in the House and partly upon causes remembred among themselves took the saving in the Bill not to be sufficient but added a Proviso unto it the special point whereof was to bar the Lord Stourton that he should not take advantage of any error that might happen to be in any Fine Recovery or other Conveyance passed by his Father or his Ancestors but he should be in that respect as though his Blood were not restored in which State he can bring no Writ of Error The occasion of which Proviso grew chiefly for that the Lords had within few days before dashed a Bill that passed in the House of Commons for the helping of such Errors whereupon they thought it dangerous to give that scope to any man that should be restored in Blood and therefore they added such a Proviso both to this Bill and to another Bill of the like tenor that did concern one Anthony Mayny of Kent Esquire During the time of this Conference of the Committees the Lord Stourton being informed how his Case was Ordered in the House of Commons came to the place where the Committees sate and desired that himself and his Councel might be heard which they allowed him of their own discretion without the privity of the House his Councel laboured to shew to the Committees that the saving already in the Bill was sufficient so as they then needed no addition of any other Proviso but being answered to all that he said he could not much reply but seemed to be satisfied After which the Committees having agreed upon a Proviso repaired unto the House and made a report thereof but the Lord Stourton nothing contented therewithal procured immediately a Message from the Lords to the House of Commons in his favour which Message being more fully set down in the Original Journal-Book of the House of Commons than in that written Memorial or Discourse of this said cause I had by me out of which the foregoing proceedings are transcribed I have thought it better to supply it out of the same in manner and form following viz. M r Serjeant Barham and M r Doctor Vaughan did bring from the Lords four Bills viz. for restitution in Blood of Anthony Mayney Esquire the Bill for reformation of abuses in Goldsmiths the Bill to give Costs and Charges to the Defendant that shall be wrongfully vexed by slanderous and untrue Suits and the Bill for relief of Vicars with a Message also from their Lordships that the Committees of this House appointed for Conference with their Lordships in the Bill of Apparel may also have Commission from this House to shew unto their Lordships the reasons which did move this House to deal so hardly in the Bill which being signed by her Majesty passed their Lordships for the restitution in Blood of the Lord Stourton being a Nobleman and seeking but the same course and form of restitution which other Noblemen in like cases have done and had heretofore which Message being opened unto the House was not well liked of but thought perillous and prejudicial to the Liberties of this House Whereupon it was resolved by this House that no such reason should be rendred nor any of this House to be appointed unto any such Commission Vide plus concerning this business on Wednesday the 14 th day of this instant March ensuing Two Bills lastly had each of them their first reading of which the first was the Bill for restitution in Blood of Anthony Mayney Esq On Tuesday the 13 th day of March the Bill for restitution in Blood of Anthony Mayney Esq was twice read and a Proviso to the same Bill was read three times M r Sollicitor and M r Powle did bring from the Lords a Bill for the annexing of Gateside to New-Castle and withal a Message from their Lordships to desire Conference with such of this House as this House shall appoint touching Conference with their Lordships for the Bill of the Lord Stourton which their Lordships do hear hath had offers of Provisoes or some other thing to the stay of the proceeding of the said Bill Whereupon the said M r Sollicitor and M r Powle being called into this House received Answer that by the resolution of this House according to the antient Liberties and Priviledges of this House Conference is to be required by that Court which at the time of the Conference demanded shall be possessed of the Bill and not of any other Court And further that this House being now possessed of the Bill and minding to add some amendment to the said Bill will if they see cause and think meet pray Conference therein with their Lordships themselves and else not Vide concerning this matter on Wednesday the 14 th day of this instant March ensuing Two Bills of no great moment had each of them one reading of which the first being being the Bill against the excess of Apparel was read the second time and Ordered to be ingrossed M r Attorney General and M r Sollicitor did bring from the Lords the Bill of the Queens Majesties most gracious general and free Pardon M r Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Walsingham Mr. Captain of the Guards Sir Nicholas Arnold Sir Henry Gate Mr. Snagg Mr. Grimsditch and divers others were appointed to confer in the Bill touching Wharfs and Keyes in the Chequer-Chamber immediately after Dinner this present day Mr. Serjeant Barham and Mr. Powle did bring word from the Lords that their Lordships did desire to have the former Committees in the Bill for Leather to confer with their Lordships presently touching the same Bill whereof they specially pray that Mr. Marsh may be one whereupon the said
and Erisby against the Heirs and Assigns of M r Heronden was read tertia vice conclusa and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls Memorandum That this day before the passing of my Lord Willoughbies Act Edward Heronden came before the Lords and gave his Assent thereunto Vide concerning this matter on Wednesday the third day of this instant March foregoing Saturday next was appointed by the House for the appearance of M r Oughtred and the Earl of Sussex and Viscount Mountague appointed to talk with the Lady Marchioness about the assurance of her Jointure by a Parliament Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past when Committees were appointed about it Vide also on Monday the 29 th day of this instant March following M r Vinions matter of which Vide antca on Monday the first day of this instant March foregoing was again referred to the Master of the Rolls and M r Serjeant Rodes The Bill lastly for redress of erroneous Judgment in the Kings-Bench was read tertia vice communi omnium procerum assensu conclusa Sir Christopher Wray Knight Lord Chief Justice of England brought in also a certain Record touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand concerning the same Which see at large on Monday the 8 th day of this instant March following For though it was this day brought into the Upper-House yet it is likely it was not there publickly read until the said Monday and therefore it is Entred at large on that day in the Original Journal-Book upon which it was read and not upon this day when it was brought into the House by the Lord Chief Justice as aforesaid On Friday the 5 th day of March Seven Bills of no great moment had each of them one reading of which the second being the Bill for following of Hue and Cry was read tertia vice communi omnium procerum assensu conclusa On Saturday the 6 th day of March Four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the better and more reverent observing of the Sabbath to which the Lords having formerly added some Amendments had sent it back to the House of Commons where it first passed on Monday the 14 th day of December foregoing And upon this instant Saturday the said Commons sent it back again to the Lords with new Amendments upon their Amendments which said new Amendments of the Commons their Lordships did this Morning pass without further Disputation having read them prima secunda tertia vice Vide concerning this Bill of the Sabbath on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and Saturday the 19 th day of December foregoing As also on Wednesday the third day of this instant March last past and on Saturday the 13 th day of the same Month ensuing In all which days it will appear fully how hardly and difficultly it passed either House And yet at last when it was agreed on by both the said Houses it was dashed by her Majesty at the last day of this Parliament upon that prejudicated and ill followed Principle as may be conjectured that she would suffer nothing to be altered in matter of Religion or Ecclesiastical Government Vide itidem on Thursday the 18 th day of this instant March following Memorandum That whereas Ferdinando Clark one of the Ordinary Gentlemen of the Right Honourable Robert Earl of Leicester Lord Steward was committed to the Prison commonly called the Kings-Bench upon a Reddit se in the Kings-Bench for the discharge of his Sureties since the beginning of this present Parliament the Lords at the Motion of the Lord North in the name of the Lord Steward claiming the ancient priviledge of this High Court after the hearing of the Cause between the said Ferdinando and one John Lacy Citizen of London Ordered that the said Ferdinando by vertue of the priviledge of this High Court should be enlarged and set at liberty And further for as much as the said Ferdinando was not Arrested in Execution at the suit of the said John Lacy but was committed after Judgment by the Lord Chief Justice and the rest of the Justices of the Kings-Bench upon a Reddit se for discharge of his Sureties and their Bonds the said Lords Ordered that touching the sum of money recovered by the said John Lacy against the said Ferdinando Clark should stand to such order and mitigation therein as the said Lord Chief Justice of the Kings-Bench shall set down and order for the same And further Ordered that the appearance of the said Ferdinando Clark by rendring himself into the said Court of Kings-Bench was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered And it was further Ordered that ..... Catesby Marshal of the Kings-Bench should be discharged of the Prisoner and of any Action that might be brought against the said Marshal for the same On Monday the 8 th day of March to which day the Parliament had been last continued on Saturday foregoing the Record touching a Writ of Error which the Lord Chief Justice had brought into the Upper House on Thursday the 4 th day of this instant March foregoing was Entred in the Original Journal-Book and as it should seem read publickly in the House being in manner and form following Memorandum quod Christopherus Wray Miles Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve de errore Billam per Reginam indorsat ' Rotul ' in quibus supponebatur error ibidem reliquit transcriptum totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento Et super hoc venerunt Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne in propriis personis suis in Parliamento statim dixerunt quod in Recordo processu praedictis ac etiam in redditione Judicii praedicti manifestè est erratum in hoc quod posiquam Judicium praedictum in loqkela hac versus praefatum Thomam Gonnel redditum fait antequam praedictus Joh. Hunt hunc prosecutus suit impetravit praedictum primum breve de seire facias versus praefatum Richardum Harbert Johannem Awbery Willielmum Filian Simonem Browne Manucaptores praedicti Thomae Gonnell nullum breve de Cap. ad satisfaciendum pro debito damnis praedictis per praefatum Johannem Hunt in placito praedicto prosecutum returnatum suit versus praefatum Thomam Gonnell ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa
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
beseech you c. that speedy Justice be done upon her whereby your self may be safe the state of your Realm preserved and we not only delivered from this trouble of conscience but also re-comforted to endeavour our selves and all ours into whatsover other peril for the preservation and safety of you Lastly Gods vengeance against Saul for sparing Agag against Ahab for sparing the life of Benhadad is apparent for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain to death by them as by the Ministers of his eternal and divine Justice How much those Magistrates were commended that put to death those mischievous and wicked Queens Jezebel and Athaliah How wisely proceeded Solomon to punishment in putting to death his own natural and elder Brother Adonias for the only intention of a marriage which gave suspicion of Treason whereas there is no more desired of your Majesty than the very Pope now your sworn Enemy some of these late Conspirators and this wicked Lady her self have thought fit to fall on her He in like case gave sentence vita Conradini mors Carolo Mors Conradini vita Carolo. They in their best minds and remorse of Conscience setting down the best means of your safety said He that hath no Arms cannot fight and he that hath no Legs cannot run away but he that hath no head can do no harm Pisces primùm à Capite foetent She by her voluntary subscribing to the late Association c. gave this sentence against her self And after in her Letters of these Treasons to Babington wrote that if she were discovered it would give sufficient cause to you to keep her in continual close Prison By which words she could mean nothing else but pains of death Therefore we seeing on the one side how you have to the offence of mighty Princes advanced Religion with what tender care and more than motherly Piety you have always cherished us the Children of this Land with what Honour and Renown you have restored the ancient Rights of the Crown with what Peace and Justice you have governed and with what store and plenty you have raigned over us On the other side seeing that this Enemy of our Felicity seeks to undermine the Religion c. to supplant us and plant Strangers in the place to transfer the Rights of the Crown to that Italian Priest and the Crown to her self or some other from you and therefore lyeth in continual wait to take your life c. Therefore we pray you c. for the Cause of God his Church this Realm our selves and your self That you will no longer be careless of your life our Soveraign safety nor longer suffer Religion to be threatned the Realm to stand in danger nor us to dwell in fear but as Justice hath given rightful Sentence c. so you will grant Execution That as her life threatneth your death so her death may by Gods favour prolong your life and that this evil being taken away from the Earth we may praise God for our deliverance and pray him for our continuance And with the Psalmist say Dominus fecit Judicium and the ungodly is trapped in the works of her own hand And so pray God to incline her heart to our just desires c. Which short Note seemeth to be thus impersectly set down by the said Speaker only to put him in mind to end and shut up his Speech with some short Prayer to the said purpose Nota That all the several passages of this Saturday are supplied out of a very authentick Copy which I had containing the said reasons delivered by the said Speaker and partly out of the Original Journal-Book of the Upper House being wholly omitted in that of the House of Commons as is also her Majesties Answer which because it is printed at large by Mr. Cambden in Annal. Regin Eliz. edit Lugd. Batav Anno Dom. 1625. pag. 466 467 468. and elsewhere it would be needless to insert it here or any part thereof and the rather because some heads thereof are shortly remembred on Monday next following On Monday the 14 th day of November Mr. Speaker made report to the House of his Message done from this House to her Majesty which see on Saturday last foregoing and also of her Majesties most grateful acceptation of the same and of her Highnesses Answer thereunto but what her Majesties said Answer was is wholly omitted in the Original Journal-Book of the House of Commons although Mr. Fulk Onslow at this time Clerk thereof had left the entire 187. leaf of the said Journal a blank for the entring or inserting of it Yet it will not be amiss although the said Answer be extant in print as is abovesaid briefly to touch the heads thereof Which were her Majesties thankful acknowledgment for her many miraculous preservations that she was most grieved that so near a Kinswoman as the Queen of Scots had conspired to take away her life That the Law lately made which seemeth to have been that for the preservation of her Majesties person passed the last Parliament was not enacted to intrap the said Queen as some had pretended but only to deter her from such wicked practices That her Tryal had been just and honourable And lastly that she thanked them for their care of her safety and desired them a while to expect her further and final Answer Mr. Vice-Chamberlain affirming the Report of Mr. Speaker to be very true in all the parts of the same and well and faithfully delivered by him to this House and very much also commending his delivery of the Message of this House to her Majesty upon Saturday last at the Court in such dutiful and due sort as all this whole House had he said very good cause to yield him very hearty thanks for the same and therefore required them so to do which they so then did in very loving and courteous sort And he further shewed That he had something more to add to the said Speech reported by Mr. Speaker not of any thing delivered unto him upon Saturday by her Majesty but of something then omitted and forgotten by her Majesty albeit both before purposed by her Highness and then and yet still intended to be signified unto this House and which he himself that morning was commanded by her Majesty to signifie unto them which was That her Highness moved with some commiseration towards the Scottish Queen in respect of her former Dignity and great Fortunes in her younger years her nearness of Kindred to her Majesty and also of her Sex could be pleased to forbear the taking of her Blood if by any other means to be devised by her Highnesses great Council of this Realm the safety of her Majesties own Person and of the State might be preserved and continued without peril or danger of ruine and destruction and else not
am to do this Office my present Speech doth tell that of a number in this House I am most unfit For amongst them are many grave many learned many deep wise men and those of ripe Judgments But I am untimely Fruit not yet ripe but a Bud scarcely blossomed So as I fear me your Majesty will say Neglectâ frugi eliguntur folia Amongst so many fair Fruit ye have plucked a shaking Leaf If I may be so bold as to remember a Speech which I cannot forget used the last Parliament in your Majesties own Mouth Many come hither ad consulendum qui nesciunt quid sit consulendum a just reprehension to many as to my self also an untimely Fruit my years and judgment ill besitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave them favour God who called them to the place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen Answered him M r Sollicitor Her Graces most Excellent Majesty hath willed me to signify unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness Elected you from others to serve her self But by this your modest wise and well composed Speech you give her Majesty further occasion to conceive of you above that which ever she thought was in you by endeavouring to deject and abase your self and your desert you have discovered and made known your worthiness and sufficiency to discharge the place you are called to And whereas you account your self Corpus opacum her Majesty by the Influence of her Vertue and Wisdom doth enlighten you and not only alloweth and approveth you but much thanketh the Lower House and commendeth their discretion in making so good a Choice and Electing so fit a Man Wherefore now Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings besides the long Peace we have enjoyed under your Graces most Happy and Victorious Reign and remembring with what Wisdom and Justice your Grace hath Reigned over us we have Cause daily to praise God that ever you were given us and the hazard that your Majesty hath adventured and the Charge that you have born for us and our safety ought to make us ready to lay down our selves and all our living at your Feet to do you service c. After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain who adhered unto him How wonderfully we were delivered in Eighty eight and what a favour God therein manifested unto her Majesty His Speech after this tended wholly to shew out of the History of England and the old State how the Kings of England ever since Henry the Thirds time have maintained themselves to be Supreme Head over all Causes within their own Dominions And then reciting the Laws that every one made in his time for maintaining their own Supremacy and excluding the Pope he drew down this proof by a Statute of every King since Henry the Third to Edward the Sixth This ended he came to speak of Laws that were so great and so many already that they were fit to be termed Elephantinae Leges Therefore to make more Laws it might seem superfluous And to him that might ask Quid causa ut crescant tot magna volumina Legis It may be Answered In promptu causa est crescit in orbe malum The malice of our Arch-Enemy the Devil though it were always great yet never greater than now and that Dolus Malum being crept in so far amongst men it was requisite that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties Preservation Now am I to make unto your Majesty three Petitions in the name of the Commons First That liberty of Speech and freedom from Arrests according to the Ancient Custom of Parliament be granted to your Subjects Secondly That we may have access unto your Royal Person to present those things that shall be considered amongst us Lastly That your Majesty will give us your Royal Assent to the things that are agreed upon But this said last Petition seems to have been mistaken by that Anonymus out of whom this said Speech is transcribed as aforesaid for this Petition is proper and usual at the end of a Sessions upon a Prorogation or of a Parliament upon a Dissolution when the two Houses have passed divers Acts which only want the Royal Assent to put life into them And doubtless the third Petition which should have ensued here was for freedom from Arrests for themselves and their necessary Attendants which being wholly omitted I have before caused to be inserted though more briefly in its proper place And thus this mistake being cleared the residue of the said Speakers Speech ensueth And for my self I humbly beseech your Majesty if any Speech shall fall from me or behaviour found in me not decent and fit that it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen made his Reply in which he first commended the Speaker greatly for it And then he added some Examples of History for the Kings Supremacy in Henr. 2. and Kings before the Conquest As to the deliverance we received from our Enemies and the Peace we enjoyed the Queen would have the praise of all those attributed to God only And touching the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without exception of persons and such a Prince she wisht they might always have To your three demands the Queen Answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech The one exercised in Invention and the other in uttering things invented Priviledge of Speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his brain to utter that but your priviledge is I or No. Wherefore M r Speaker her Majesties Pleasure is that if you perceive any idle Heads which will not stick to hazard their own Estates which will meddle with reforming the Church and transforming the Common-Wealth and do exhibite any Bills to such purpose
to the said Bill and sent it down to this House this House would thereupon then further do as shall appertain Mr. Robert Penruddock one of the Burgesses returned for the Borough of Milton for her Majesties Affairs and also for his own business is licensed by Mr. Speaker to depart home Three Bills lastly had each of them one reading of which the last concerning the over-length of broad-Cloth was read the third time and passed upon the Question On Monday the second day of April the Bill concerning Woollen-Cloths called Devonshire Kersies or Dozens was upon the second reading committed unto the Knights and Burgesses of Devon Mr. Serjeant Harris Mr. George Moore and others and the Bill was delivered unto Sir Thomas Dennis one of the same Committees who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Six Bills were sent up to the Lords by Mr. Treasurer and others of which the first was the Act for Confirmation of the Subsidies granted by the Clergy and another touching the Lands of Sir Francis Englefield Knight Attainted of High Treason the residue being of no great moment Sir William Brunker one of the Committees in the Bill concerning Spinnersand Weavers who had been appointed on Monday the 26 th day of March last past shewed that the Committees had met and upon Conference amongst them thought good to make a new Bill And so bringing in both the old Bill and the new prayed the reading of the said new Bill The Bill for Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same had its first reading Three Bills of no great moment had each of them one reading of which the second being the Bill against counterfeiting of Counsellors hands c. was read the third time and dashed upon the Question The Bill for relief of maimed Souldiers and Mariners was twice read and committed unto all the Privy-Council the Knights and Burgesses of London the Burgesses of York and others who were appointed to meet this Afternoon at two of the Clock in this House Nota That certain Members of the House were appointed to draw a Bill for the relief of maimed Souldiers and Mariners on Monday the 12 th day of March foregoing which Bill being so drawn was upon Saturday the 24 th day of the said March upon the second reading referred to certain Committees and was lately upon Wednesday the 28 th day of the same Month upon the Motion of Sir Robert Cecil one of the said Committees withdrawn out of the House and no further proceeded in and thereupon the aforesaid new Bill preferred this day and twice read M r Serjeant Owen and Mr. Doctor Carey do bring from the Lords the Bill for restraining of Popish Recusants to some certain places of a boad lately passed this House with some Amendments shewing that the Lords liking very well of the said Amendments have inserted those Amendments into the said Bill accordingly And that their Lorships have further thought good to add unto the said Bill a Proviso for Explanation of the Branch of the said Bill which concerneth the matter only of abjuration have passed the said Proviso and affiled the same to the said Bill and sent it down to this House to be also passed here if this House shall so think meet On Tuesday the third day of April the Bill concerning Spinners and Weavers was twice read and committed to the former Committees who had been appointed on Monday the 26 th day of March foregoing and Mr. Wroth and the Burgesses of York and Norwich were added unto them Sir Thomas Denis one of the Committees in the Bill concerning Devonshire Kerseys and Dozens appointed yesterday shewed the meeting of the Committees and that they have in some few things amended the Bill praying the reading of the said Amendments which being thereupon twice read the Bill upon the question was ordered to be ingrossed The Bill concerning Brewers was upon the second reading committed unto Sir Edward Dymock M r Stevenson the Knights and Burgesses for London M r Wroth M r Peak and the Burgesses for Oxon Cambridge Sandwich and Newcastle Under-line who were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Return of the Habeas Corpus cum Causa made by the Sheriff of the County of Darby for M r Thomas Fitzherbert Which short remembrance of this excellent Precedent how far on Outlawed man may be a Burgess of the Parliament is all that is found in the Original Journal-Book it self of the House of Commons And therefore because there was much debate concerning it this day as had been on divers other days foregoing viz. on Thursday the first day Friday the 2 d day Saturday the 17 th day and on Friday the 30 th day of March last past have caused it to be transcribed at large out of the often before-recited Anonymous Journal in manner and form following The House was informed that the Lord Keeper had sent the Record of Fitzherbert's Execution hither to the House The Chancery men who brought it were called into the House to the Bar and were appointed to read it ut Clerici And the House appointed the Writ sent out of Chancery to be annexed unto the Record The words of the Writ were Tibi praecipimus quòd capias corpus Tho. Fitzherbert quocunque c. Dat. apud Westm. 7 o die Martii 35 Eliz. The Sheriffs Return Deliberatum fuit hoc Breve 15. die Martii super c. sed ante adventum istius Brevis scilicet 3 o Februarii 35 Eliz. captus fuit Thomas Fitzherbert c. M r Dalton said The Return of the Writ being made unto another Court and the Record it self being in another Court we cannot be Judges of the matter nor enlarge the party And as for the Return methinks it therefore insufficient because it was not returned into this Court And I see not how we can be Judges of the Return For the number of voices in this Cause is not to be judged for Law whether it be a good Return or not for that which is Law will notwithstanding rest for Law for all our Voices Therefore I think that priviledge quae est privatio Legis in this Case could not be granted M r Brograve said As to the matter of priviledge the Cause to me is very doubtful because priviledges in these Causes are very rare and so the matter resteth in doubt This Court for its Dignity and highness hath priviledge as all other Courts have And as it is above all other Courts so it hath priviledge above all other Courts and as it hath priviledge and Jurisdiction too so hath it also Coercion and Compulsion otherwise the Jurisdiction is nothing in a Court if it hath no Coercion Therefore it seemeth unto me
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
Knolles M r Secretary Herbert and others of which the fifth was the Bill for the enabling of Edward Nevill of Berling in the County of Kent and Sir Henry Nevill Knight his Son and Heir Apparent to dispose of certain Copyhold Lands parcel of the Mannor of Rothersield in the County of Sussex and of the Mannor of Ailesby and Felding in the County of Warwick And the sixth being the Bill to avoid trifling and frivolous Suits of Law in her Majesties Courts of Westminster was read primâ vice Whereas the Lords Spiritual and Temporal of the Higher Court of Parliament were this day informed that one William Vaughan Servant to the Earl of Shrewsbury was of late Arrested contrary to the priviledge of the said Court by the procurement of one William Crayford of Mongcham in Kent and committed to the Prison of Newgate where he yet remaineth It was therefore Ordered by the said Court that a Serjeant at Arms shall be sent to the Keeper of that Prison and require him in their Lordships names to bring the said William Vaughan before the Lords in his Company into the Upper House of Parliament to Morrow being the second day of this Instant December by nine of the Clock in the Morning and that the said Serjeant at Arms shall also bring before the Lords at the time and place prefixed the said William Crayford together with such other Persons as did either Arrest or assist the Arresting of the said William Vaughan Vide on Saturday the 19 th day of the Month following Memorandum that the Serjeant at Arms was this day sent for the parties above mentioned in like sort as the Gentleman-Usher had been formerly sent for others And forasmuch as the Committees that were appointed on Saturday the 14 th day of November foregoing to decide the question between them in that behalf had not yet performed the same It was therefore Commanded by the House that a remembrance should be made that the sending for any parties before the Lords at this time or heretofore by the Gentleman-Usher or Serjeant at Arms should not be prejudicial to either of their rights until the said Committees should have convenient time to consider of and decide this question betwixt them Vide November the 14 th Saturday foregoing Upon a Motion made to the House by the Lord Treasurer it was agreed that the Committees in the two several Bills the one concerning Musters and Souldiers who were appointed on Thursday the 12 th day of November foregoing and the other for confirmation of Letters Patents who were appointed on Monday the twenty third day of November foregoing should joyn in one Committee for both Bills Nota That although it be ordinary for a Committee upon some new occasion to be encreased in the number or for divers Bills to be referred to one and the same Committee yet I conceive this Precedent here immediately foregoing to be very rare and exotick in respect that two several Committees appointed at several times in two several Bills are united together and made as one Committee to both the said Bills On Wednesday the second day of December three Bills had each of them one reading of which the first being the Bill to avoid trifling and frivolous suits in Law in her Majesties Courts at Westminster and the second being the Bill for the Denization of certain persons were each of them read secundâ vice and committed Nota That here were two several bills read secundâ vice but no mention made either of their Commitment or Ingrossing The supposed Cause or reason of which omission see more at large on Monday the 23. day of November foregoing The Bill concerning the suppressing of the multitude of Ale-Houses c. was returned to the House by the Lord Treasurer with certain Amendments William Crayford by whose procurement and assistance William Vaughan the Earl of Shrewsburys servant was Arrested and committed to Newgate and one Millington an Attorney the said Crayfords Master as also the Under-sheriff of Middlesex and another Person that was Bayliff with Crayford in Arresting the said Willam Vaughan all which persons having been heard particularly by the Lords and the said Millington the Under-sheriff and Crayfords fellow Bayliff protesting that they knew not the said Vaughan to be a man priviledged by the Parliament at the time of the Arrest It was Ordered that the said Millington the Under-sheriff and the said Bayliff should be dismissed for that Cause But forasmuch as by the confession of the Under-sheriff it doth plainly appear to the Lords that the said Crayford had very maliciously and upon unnecessary suits that did not concern himself prosecuted the serving and laying of sundry Executions upon William Vaughan it was thought meet and so Ordered that he should be committed to the Prison of the Fleet And because also the Keeper of Newgate having seen their Lordships Order by the hands of the Serjeant at Arms for the bringing of the said Vaughan did not perform the same pretending he could not with his safety remove him out of Prison being in Execution he was in like sort committed to the Fleet for neglecting the said Order And for the Prisoner William Vaughan the Lords resolved to enter into some further consideration for the bringing of him before them into the House And thereupon their resolution concerning the same was respited until some other time Vide concerning this matter on Saturday the 19 th day of this instant December following On Thursday the 3 d day of December two Bills had each of them one reading of which the second being the Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight his Son and Heir apparent to dispose of certain Copyhold Lands parcel of the Mannor of Rotherfield in the County of Sussex and of the Mannor of Aylesby and Felding in the County of Warwick was read primâ vice The Amendments of the Bill against the multitude of Ale-Houses and Tipling-Houses were this day twice read And thereupon the Bill Ordered to be Ingrossed Three Bills had each of them one reading of which the first being the Bill for Assurance of certain Mannors and Lands for part of a Jointure to Lucy Countess of Bedford was read primâ vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill against Drunkards and Common Haunters of Alehouses and Taverns was read primâ vice The Lords were this day informed by the Earl of Worcester of an Arrest made of the person of Robert Treswell Somerset one of her Majesties Heralds at Arms in Ordinary at the Suit of one Margery Fitchet of London Whereupon it was Ordered by the Court that the Serjeant at Arms should be sent for the said Margaret Fitchet and for William Smith and William Lane that made the Arrest and should bring them before the Lords into the Upper House to Morrow being the 4 th day of this instant December
And that the said Serjeant should also bring Robert Treswell himself at the time and place prefixed Vide concerning this matter on Tuesday the 8 th day of this instant December following Motion was made by the Lord Keeper on the behalf of the Lord Chandois signifying that his Lordship was constrained to repair into the Country for the finding of an Office which did greatly import him in his Estate and therefore desired their Lordships allowance of his absence for some few days whereunto they willingly assented Memorandum That whereas it was formerly Ordered that the Keeper of the Prison of Newgate having in his Custody William Vaughan Servant to the Earl of Shrewsbury upon Execution should bring the person of the said William Vaughan on Wednesday the second day of this instant December before the Lords Spiritual and Temporal into the Upper House of the High Court of Parliament of which Order the said Keeper having taken notice by a Serjeant at Arms did notwithstanding refuse to bring the said Prisoner into the Court and for the said refusal and contempt was the same day by Order of the Court committed to the Prison of the Fleet And Order likewise was given that such Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of the said Court It is therefore upon view and consideration of divers Precedents and Remembrances produced this day and differing from the manner of proceeding Ordered by the said Court that the Lord Keeper shall forthwith make out a Writ of priviledge of Parliament to the Sheriffs of London and Middlesex to have the body of the said Prisoner William Vaughan with the Cause of his Imprisonment before the said High Court at the Upper House to Morrow the 4 th day of this instant December by eight of the Clock in the Morning Vide December 19 th Saturday postea A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk of the Parliament was delivered to the Lord Keeper for making out of the Writ On Friday the 4 th day of December the Bill against Drunkards and Common Haunters of Alehouses and Taverns The Bill for levying of Fines with Proclamation of Lands within the City of Chester The Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight were each of them read secundâ vice But no mention made either of their Commitment or Ingrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill for the suppressing of the multitude of Alehouses and Tipling Houses was read tertiâ vice and sent to the House of Commons by M r Doctor Carew and M r Coppin Clerk of the Crown Two Bills also had each of them one reading of which the first being the Bill for the assurance of certain Lands for part of a Jointure to Lucy Countess of Bedford was read the second time and committed to the Earl of Worcester and others who were appointed to meet at the Earl of Worcesters Chamber at the Court to Morrow by two of the Clock in the Afternoon And the Bill was delivered to the said Earl of Worcester Whereas Order was taken at the last sitting of the Court of Parliament viz. 3 o die Decembris that a Writ of Priviledge of Parliament should be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of the body of William Vaughan Prisoner in Newgate together with the Cause of his Imprisonment before the said Court this present day the said Writ having been thereupon made out by the Lord Keeper and the same together with the said Prisoner William Vaughan and the Cause of his Imprisonment being returned and brought this day into the Court by the Under-Sheriff of the County of Middlesex and the said Prisoner William Vaughan having there made Declaration of the notorious frauds and practices used by William Crayford and others for the Arresting of the said Vaughan And likewise Crayford having been heard what he could say for himself in that behalf Forasmuch as it appeared unto the Lords that besides the breach of the Priviledge of the said High Court the said Crayford had fraudulently and malitiously taken out and laid upon the said Vaughan divers Writs of Execution and Outlawry of many years past and utterly without the privity and knowledge of most of the parties to whom the said Suits appertained of which parties some were avowed to have been a good while since Deceased It is therefore agreed and Ordered by the general consent of the Court That the said William Vaughan shall be forthwith discharged out of Prison and Execution and the said Sheriff shall be free from any trouble damage or molestation for his said discharge And it is likewise Ordered that for satisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ the said Vaughan shall enter into sufficient Bond to stand to such Order as shall be set down by certain of the Lords of the Parliament namely the Earl of Worcester the Earl of Pembrook the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Windsor and the Lord S t John to whom by the Court the Ordering thereof is committed And moreover it is Ordered that the said Crayford shall be returned to the Prison of the Fleet and kept Close Prisoner until further direction be given for his Enlargement And that the Keeper of Newgate lately Committed to the Fleet for not bringing the Prisoner into the Court shall be presently discharged Vide concerning this matter on Saturday the 19 th day of this instant December following On Saturday the 5 th of December the Bill for maintenance of the Navy increase of Mariners and avoiding the scarcity of Victuals was read primâ vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees in the Bill concerning Musters Souldiers c. whose names see before on Thursday the 12 th day of November foregoing that the said Committees having oftentimes met and confer'd about that Bill did find so many imperfections in the same as it could not conveniently be amended And therefore thought it meet to draw a new Bill instead thereof which he presented to the House The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland Northumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed The Bill concerning Captains Souldiers and others retained in the Queen Services in the Wars was read primâ vice One Bill was
brought up to the Lords from the House of Commons by M r Comptroller M r Secretary Cecill Sir John Fortescue M r Secretary Herbert and others which being for reformation of deceits and frauds of certain Auditors and their Clerks in making deceitful and untrue particulars was read primâ vice Upon Complaint made to the House by the Lord Archbishop of Canterbury of great disorders committed by certain Pages and others belonging to some of their Lordships or to some of the House of Commons in offering violence to divers persons and particularly to his Lordships Bargeman but especially to one George Percivall a Servant to the Lord Bishop of Peterborough who was abused and beaten as was informed by one of Sir John Harrington's Servants named ..... It was Ordered by the Court that the Committees under-named shall call the said Percivall and ..... before them upon Monday next being the 7 th day of this instant December at the Parliament Chamber and upon Examination of the matter shall inflict such punishment on the Offender as they shall find Cause And it is likewise Ordered that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for reformation of like abuses hereafter Committees to examine the abuses offered by Sir John Harrington's Servant to a Servant of the Lord Bishop of Peterborough the Earl of Lincoln the Lord Bishop of London and the Lord Zouch On Monday the 7 th day of December Two Bills had each of them one reading of which the first being the Bill for the more peaceable Government of the parts of Cumberland Northumberland Westmerland the Bishoprick of Durham was read tertiâ vice and sent down to the House of Commons by Doctor Carew and M r Doctor Stanhop The Bill to avoid double payment of Debts was brought up to the Lords from the House of Commons by M r Comptroller Sir Edward Hobbie and others Four Bills also had each of them one reading of which the third being the Bill for Confirmation as well of all Grants made to the Queens Majesty and of all Resumptions made by her Highness of the Possessions of any Arch-Bishoprick or Bishoprick as of Letters Patents made by her Majesty to others was read primâ vice The Bill for Reformation of Grants made to the Queen and by Letters Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees Vide concerning this Bill on Thursday the 17 th day of this instant December following Memorandum That upon a Motion made this 7 th day of December to the House by the Lord Zouch that the Lady Fane by her Letters to Sir Anthony Mildmay had signified that she had not given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copy-hold Lands c. as was mentioned in the said Bill the said Sir Anthony Mildmay was called before their Lordships who produced the said Letter and the same was read in the House And thereupon it was Ordered that any further proceeding in the Bill should be respited until Wednesday next by ten of the Clock in the Forenoon at what time the Lady Fane might be heard what she could say against the same if she would then be present Vide concerning this business on Wednesday the 9 th day of this instant December ensuing This day Sir William Knolles Sir Edward Hobbie Knights with divers others of the House of Commons delivered a Message from the Knights and Burgesses of the said House desiring Conference with some of their Lordships about the Bill concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon delivery of which Message after the said Sir William Knolles and the rest had a little withdrawn themselves and then upon propounding of this Motion to the House the Lords had assented thereunto Answer was made by the Lord Keeper sitting in his place and the rest of the Lords also keeping their places unto the said Sir William Knolls c. that the Lords had yielded to the Conference and had appointed certain Committees under-named to meet with some select persons of the House of Commons for that purpose viz. the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham appointed to meet at the Outer Chamber near the Parliament Presence to Morrow the 8 th day of this instant December by eight of the Clock in the Morning Vide concerning this matter on Monday the 16 th day and on Saturday the 21 th day of November foregoing On Tuesday the 8 th day of December Six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other the Queens Services in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind whose names see before on Thursday the 12 th day of November with addition of the Lord Windsor and the said Committees to meet about the said Bill upon the first opportunity of meeting about any other Bill and the Bill was delivered to the Earl of Nottingham Lord Steward the third of the Committees Nota That here this Bill was delivered to the Earl of Nottingham being the third of the Committees of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Monday the 23 th day of November foregoing a Bill being committed upon the second reading was delivered unto the Archbishop of Canterbury the first of the Committees And on Thursday the 26 th day of the same Month upon the Commitment also of a Bill in the like manner it was delivered unto the Lord Howard of Walden being the puisne Baron or last of the Committees By which it is plain that as well in the Upper House as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester in the behalf of the Earl of Shrewsbury to be annex'd unto the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others Which Proviso together with the Amendments in the said Bill returned Yesterday to the House by the Committees were presently read And forasmuch as the Lords desired a speedy proceeding in this Bill they sent D r Carew and D r Stanhop to the House of Commons to move them that some meet persons of that House might join in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid And that the meeting about the same might be at the Outward Chamber near the Parliament Presence to Morrow the 9 th day
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
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
by two Witnesses before a Justice of the Peace And by this Statute if a Justice of Peace come into the Quarter Sessions and say it is a good Oath this is as good as an Indictment Therefore for my part away with the Bill Sir Francis Hastings said I never in my Life heard Justices of the Peace taxed before in this sort for ought I know Justices of Peace be men of Quality Honesty Experience and Justice I would ask the Gentleman that last spake but two questions the first if he would have any Penalty at all inflicted the second if in the first Statute or in this an easier way for the levying of this twelve pence If he deny the first I know his scope if the second no man but himself will deny it And to speak so in both is neither gravely religiously nor rightly spoken And therefore for God the Queen and our Countries sake I beseech a Commitment M r Carey Raleigh said The Sabbath is Ordained for four Causes First To meditate on the Omnipotency of God Secondly To Assemble us together to give thanks Thirdly That we might be the better enabled to follow our own Affairs Fourthly That we might hallow that day and sanctify the same King James the Fourth in the Year 1512. and King James the Sixth in the Year 1579 or 1597. did erect and ratify a Law that whosoever kept either Fair or Market upon the Sabbath his moveables should presently be given to the Poor Men gathering of sticks were stoned to Death because that was thought to be a kind of Prophanation of the Sabbath In France a Woman refusing to sanctify the Sabbath Fire appeared in the Air this moved her not it came the second time and devoured all that ever she had only a little Child in the Cradle excepted But to come nearer our selves in the Year 1583. the House of Paris Garden by Gods just Judgment fell down as they were at the Bear-baiting the 23 th of January on a Sunday and four hundred persons sorely crushed yet by God's Mercy only eight slain outright I would be an humble Suitor to the Honourable that sit about the Chair that this brutish Exercise may be used on some other day and not upon the Sunday which I with my heart do wish may be observed and doubt not but great reformation will come if this Bill pass To the better effecting whereof I humbly pray that if there be imperfections in it it may be committed Sir George Moore said I have read that the tongue of a man is so tyed in his mouth that it will stir and yet not so tied that it will stir still It is tied deep in the Stomach with certain strings which reach to the heart to this end I say that what the heart doth offer the tongue may utter what the heart thinks the tongue may speak This I know to be true because I find it in the word of truth Out of the abundance of the heart the mouth speaketh For the Gentleman that last spake and so much inveighed against Justices it may be it proceeds out of the corruption of his heart howsoever I mean not to search it or answer him only I turn him to Solomon and mean to answer him with silence Without going to Church doing Christian Duties we cannot be Religious and by Religion we learn both our Duty to God and to the Queen In doing our Duty to God we shall be better enabled to do our Duty to our Prince And the word bindeth us that we should give to God that which is due to God Et Caesari quae sunt Caesaris Amongst many Laws which we have we have none for constraint of Gods Service I say None though one were made in primo of this Queen because that Law is no Law which takes no force for Executio Legis vita Legis Then let us not give such cause of Comfort to our Adversaries that having drawn a Bill in Question for the service of our God we should stand so much in questioning the same Once a Month coming to Church excuseth us from danger of the Law but not from the Commandment of God who saith Thou shalt sanctifie the Sabbath day that is every Sabbath This Bill ties the Subject to so much and no more which being agreeable with the Law of God and the Rule of Policy I see no reason why we should stand so strictly in giving it a Commitment M r Bond said I wish the Sabbath sanctified according to the precise Rules of Gods Commandment but I wish that S t Augustins Rule may be observed in the manner non jubendo sed docendo magis monendo quà m minando I like not that power should be given to the Justices of Peace for who almost are not grieved at the luxuriant Authority of Justices of Peace By the Statute of 1 Edw. 3. they must be good men and lawful no maintainers of evil but moderate in Execution of Laws for Magistrates be men and men have always attending on them two Ministers Libido Iracundia men of this nature do subjugate the free born Subject Clerks can do much Children more and Wives most It is dangerous therefore to give Authority in so dangerous a thing as this is which I hold worth your second thoughts quae solent esse prudentiores Her Majesty during all the time of her Reign hath been clement gracious meek and merciful yea chusing rather delinquere I know not how to term it in Lenity and not in Cruelty But by this Statute there is a constraint to come to divine service and for neglect all must pay Plectentur Achivi the poor Commonalty whose strength and quietness is the strength and quietness of us all he only shall be punished he vexed For will any think that a Justice of Peace will contest with as good a man as himself No this Age is too wise I leave it to this House whether it stand with Policy when four Subsidies and eight Fifteenths be now granted to bring the poorer sort into greater fear by these and such like Laws Malus custos diuturnitatis metus And in the gracious Speech which her Majesty lately delivered unto us she used this that she desired to be beloved of her Subjects It was a wise Speech of a wise Prince for an Historian saith Timor excitat in vindictam Therefore M r Speaker I mislike the Bill in that point touching Justices and also touching taxation I will only say thus much with Panutius in the Nicene Council Absit quòd tam grave jugum fratribus nostris imponamus I am sorry said M r Comptroller after sorty three years under her Majesties happy government that we shall now dispute or commit a Bill of this nature And I would that any voice durst be so bold or desperate as cry Away with this Bill The old Statute gives the penalty this new only speedier means to levy it I much marvel that men will or dare accuse Justices
same to the Committee again On Monday the 7 th day of December Two Bills of no great moment had each of them one reading of which the second being the Bill for the relief of poor Prisoners in Ludgate was read the first time Mr. Serjeant Harries made Report of the meeting of the Committees in the Bill for the Assurance of the Joynture of the Countess of Sussex who were appointed on Thursday the third day of this instant December foregoing and of some Amendments and a Proviso added by the Committees The Amendments in the Bill with a Proviso touching the Joynture of the Countess of Sussex were twice read and with the Bill Ordered to be ingrossed The Bill for confirmation of the Assurances of the Lands of Sagebury aliàs Sedgebury to Samuel Sandyes Esquire and John Harries Gentleman and their Heirs was read the first time M r Snigg one of the Committees in the three Bills touching Cloths and Clothiers who were appointed on Wednesday the 18 th day of November foregoing declared that by Order and direction of the same Committees he hath reduced and drawn the three said Bills into one Bill reformed in the Abuses committed amongst Clothiers and prayed the reading The Bill for the true making and working of Woollen Cloths was read the first time Mr Doyle one of the Committees in the Bill touching Fairs and Markets not to be kept on the Sunday who were appointed on Friday the 4 th day of this instant December foregoing brought in the Bill with some Amendments added by the Committees The Amendments in the Bill prohibiting Fairs and Markets to be kept on the Sunday were twice read and the Bill was Ordered to be ingrossed The Bill touching the Assize of Fuel was read the second time and committed unto the Knights and Citizens for London Sir Jerom Bowes Sir Robert Wroth and others who were appointed to meet to Morrow in the Court of Wards at two of the Clock in the Afternoon The Bill touching Charitable uses c. was read the second time and committed to the former Committees who were appointed on Saturday the 28 th day of November foregoing and M r Serjeant Harries and others were added unto them who were appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock M r Bacon said I am Mr. Speaker to tender unto this House the fruit of the Committees Labour which tends to the Comfort of the Realm I mean the Merchant which if it quail or fall into a Consumption the State cannot choose but shortly be sick of that disease It is inclining already A certainty of Gain is that which this Law provides for and by policy of Assurance the safety of Goods assured unto the Merchants This is the Loadstone that draws him on to adventure and to stretch even the very punctilio of his Credit The Committees have drawn a new Bill far differing from the old the first limited power to the Chancery this to certain Commissioners by way of Oyer and Terminer The first that it should only be there this that only upon appeal from the Commissioners it should be there finally arbitrated But lest it may be thought for vexation the Party Appellant must lay it in deposito c. and if tryed against him to pay double Costs and Damages We thought this course fittest for two reasons First because a Suit in Chancery is too long a course and the Merchant cannot endure delays Secondly because our Courts have not the knowledge of their Terms neither can they tell what to say upon their Causes which be secret in their Science proceeding out of their experience I refer the Bill both old and new to your considerations wishing good success therein both for the comfort of the Merchants and performance of our duties The Act is Intituled An Act touching Policies of Assurances used amongst Merchants Sir Edward Hobbie said It was the good pleasure of this House to refer the consideration of an Information exhibited against a Member of this House one of the Burgesses for the Town of Leicester viz. Mr. Belgrave the scope and purpose of which Information pretendeth an abuse to be done to the High Court The Gentleman himself was at the Committee and did acknowledge the substance of the suggestion but denied the circumstance Some of the Committees censured it to be an enormous fault to invest himself for so the words of the Information are in a blue Coat but others were of a contrary opinion because they were satisfied upon allegations alledged that it was done ad redimendam vexationem which had been offered to him and so he thought to right himself these wayes Besides I am to inform the House that this Information was put in sedente curiâ and therefore thought by the Committees to be some disgrace to the same And because this Gentleman should not take benefit of this Pardon therefore the Information as I said is now put in sedente curiâ which I wish the House to note And because he should be debar'd of remedy against the party he hath therefore caused the same to be exhibited in M r Attorney Generals name May it please the House because he desireth to be heard and being now here that be may speak himself in that he told the Committees he had some special matter to deliver unto you and if he shall be found culpable he would most willingly abide your censures But because other Statutes were to be read of importance this was refer'd over till some other time Vide December 17 th postea An Act for the continuance of divers Statutes and repeal of some others was read the second time M r Francis Moore desired it might be read as also the Exposition of the Justices upon the Statute of 39 Eliz. of Rogues which if it please the House he thought fit to be annext to that Statute M r Bacon said There were never yet any more than two Articuli the one Articuli super Chartas when the Sword stood in the Commons hands the other Articuli Cleri when the Clergy of the Land bare sway and that done upon deliberation and grave advice I beseech you remember these are done by Judges and privately perhaps in a Chamber and shall we presently without scanning or view Enact them It befits not the gravity of this House And so after a long Speech dasht it The Bill touching payment of Debts upon Shop-Books lately pass'd in this House was sent up to the Lords by M r Comptroller and others After sundry Motions and Arguments made against An Act made 39 Reginae Eliz. touching Lands given to charitable uses it was upon the question Ordered that the said Act should be repealed And upon another question whether the said Act should be repealed in the particular new Bill exhibited this Session of Parliament or else in the general Bill touching repeal of Statutes it was agreed by the House that it should be repealed in the general Bill of
House as shall be sent from this House unto the Lords with the Bill for Confirmation of the Subsidy of the Clergy may by direction of this House recommend unto their Lordships the Bill against transportation of Iron Ordnance with request of their Lordships good furtherance to the passage of the same The Amendments and Provisoes in the Bill touching Confirmation of Grants made to her Majesty and of Letters Patents from her Majesty to others were read the third time and passed upon the question Sir Robert Wroth moved that an Order may be set down how the Collection made in this House for relief of the poor may be distributed Whereupon it is Ordered that the Souldiers now remaining about the City of London shall be relieved out of the money Collected of the Members of this House in such sort as to the Officers thereunto appointed shall be thought fit The Officers appointed for the distribution of the Collection are Sir Robert Wroth Mr. Fettiplace Mr. Wade Sir Francis Darcie Mr. Trevor and Mr. Brown And that they join with the Officers in like case appointed by the Lords Two Bills also had each of them one reading of which the second being the Bill for Explanation of a certain branch of An Act made in the twenty eighth year of her Majesty touching Recusants was read the second time and committed but no time or place appointed for the meeting Mr. Belgrave moved That whereas an Information hath been Exhibited into the Court of Star Chamber in the name of Mr. Attorney General against him upon suggestion that he should offer abuse unto this House humbly prayed that he may be Ordered and censored by this House if it shall so fall out and seem sit unto this House upon further Examination to be had therein Vide plus post Meridiem Mr. Secretary Cecill declared her Majesties Pleasure to be that her Highness purposeth God willing to Dissolve this Assembly of Parliament to Morrow Post Meridiem The Bill for the changing of the Sirname of the Wallers into the Sirname of the Debdens was read the second time Mr. Serjeant Telverion and Mr. Doctor Hone did bring from the Lords a Bill Intituled An Act for reformation of deceits in Auditors and their Clerks in making untrue particulars And also they do declare that whereas the Lords have received some Bills from this House which their Lordships do think to expedite and shall need perhaps some small Amendments therefore they do desire that this House may sit somewhat longer than they purposed before for the final perfecting and consummating of the same The Bill for reformation of Deceits in Auditors and their Clerks in making untrue particulars was read twice and committed unto M r Secretary Cecill Mr. Comptroller Sir Walter Raleigh and others who were appointed to consider presently in the Court of Wards upon the said Bill And after some short space of time and Conference therein had it was after their return into this House thought meet the said Committees should confer with the Lords therein and afterwards report the same unto this House The Bill touching Brewers c. was read the second time and committed to the Burgesses of Southwark The Bill touching unlawful sized Bread and the Bill touching buyers of Butter and Cheese were each of them read the second time and committed to the former Committees The Bill also against using of false Dice was read the first time M r Attorney General and M r D r Hone did bring from the Lords a Bill that before passed this House intituled An Act touching the draining of certain surrounded Grounds in the Counties of Huntington Cambridge Lincoln Northampton Suffolk and Norfolk amended and with some additions of more Counties viz. Sussex Essex Kent and the Bishoprick of Durham The Amendments in the Bill touching surrounded Grounds were thrice read and Ordered upon the question to be inserted into the same and so the Bill passed The draught of an Order touching Mr. Belgrave was once read and committed to be considered of presently in the Committee Chamber by Sir Edward Stafford Mr. Henry Mountague Mr. Brown Mr. Doyley Sir Francis Darcie Sir John Cotton and Sir John Grey The Draught of an Order considered of and brought in by the Committees was read and Ordered by the House upon the question to be entred as the Act of the House viz. Whereas one George Belgrave in the County of Leicester Esquire a Member of this House hath made complaint of an Information exhibited against him into the Court of Star-Chamber pretending an abuse in the highest matters as are those wich do concern the most Honourable and High Court of Parliament and hath appealed unto this House for that the Information was filed sedente Curiâ And whereas the House did refer to the Committees for Returns and Priviledges the Examination of the Cause alledged in the Information and the substance thereof having been related unto this House This House thereupon did upon the question again moved and largely debated pronounce and declare the said George Belgrave to be free in their Judgements from any abuse offered to this House and that he is not to be molested for any such imputation And have resolved that this shall be entred as An Act of this House Vide de istâ materiâ Dec. 3. Dec. 7. Dec. 8. Dec. 10. Dec. 11. antea The Bill to restrain Butchers in and about the City of London from buying c. And the Bill touching Practitioners in Physick were each of them read the second time and committed as afore to the former Committees for Brewers The Bill touching the shipping of Coals near Newcastle was read the second time and committed with the rest to the former Committees but no mention of time or place The Bill for redress of abuses in taking of Pawns and the appointing of a Lumbard was read the second time and committed as abovesaid To Morrow at eight of the Clock in the Morning those that were nominated by this House to distribute the Money collected for the relief of the Poor and likewise those appointed by the Lords are appointed to be at the Sessions House in the Old Bayly to take Order for the said distribution Upon a motion made by Mr. Fettiplace the names of such as have not paid towards the relief of the Poor and maimed Souldiers were read which were about forty four On Friday the 18 th day of December as the Speaker was coming to the House in the Morning the Pardon was delivered unto him which he took and delivered unto the House which they sent back again because it was not brought according to course The Collection for the Clerk of twelve pence a piece according to Mr. Wingfield's motion yesterday was made and amounted to about twenty five pound Mr. Bowyer Secretary to the Lord Treasurer sitting in the Middle of the House on the left side as you come in next to Mr. Skipwith of Lincolns Inn swooned upon a suddain