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
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
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
but within the several Forests which to execute in their own persons could not be done through the distances of the Countries and through the great charges that would follow in expences if men of their calling should be driven to travel once every third year to keep their sittings in so many several places by means whereof the Justice Seats were greatly delayed and seldom holden whereby the Offenders either by general Pardons comeing between or by the Death of the Parties did escape unpunished to that he said all these defects were sufficiently holpen by Laws heretofore provided In the time of King Henry the Eighth it was Enacted that both the Justices of the Forests on this side Trent and the Justices of the Forests beyond Trent might make in every Forest a Deputy that should have in all things like Authority to themselves and therefore seeing they had and usually had made Deputies men of less degree than they are and most commonly inhabiting the Countries where the Forests do lie there was no necessity that the Justices in their own Persons should ride but those his Substitutes might very well perform the service with a small charge and so there appeared no cause for that respect to make this Law for it might be supplied otherwise sufficiently For the second he said that whereas by this new Law the Justice should have power to open the Swainmote Books at his pleasure and to convent before him the Offenders at such time and place as he thought good the same must needs prove a very chargeable matter to the Subjects for men being compellable only to appear and answer in the County where the Forest lyeth and where for the most part they abide and there to receive their Trial if now they shall be driven to appear and answer in any place and at any time where and when the Justices shall appoint them it may easily be seen how far greater charge this will breed to the Subject both in travel expence and loss of time than heretofore hath been used chargeable besides it would be to such as should happen to be impannelled upon Juries for trial of offences if they should be driven to come out of the Forests to appear before the Justice in any place which he shall assign contrary to the antient Laws heretofore Ordained for such causes For the third he said that if the Justice sending for the Swainmote Books and opening them should proceed to the punishment of the Offenders according to such Presentments as he should find there that might prove very dangerous to the Subject and especially to such as dwell within or near any Forests for those Presentments being made by the Oath of the Keepers do as often proceed upon suspition and upon malice as upon any good or sufficient ground and then if they be so peremptory to the Offenders as some men think they are or if the tryal be not very indifferent which taken out of the Country may be doubted it is easily seen how perilous that will be to the Subject for either the party shall be forced to submit himself to the discretion of the Justice or else abide such Tryal as he shall not be able to endure Besides whereas the Queen most graciously doth use to grant often-times general Pardons by Act of Parliament whereby the Subjects of the Land are discharged of far greater offences than these such as might happen to offend this way or to be brought in Question for the same should never be partakers of that grace which all other Subjects do enjoy but by yearly vexation be in danger of trouble and charge almost without hope to be released although the offences be as often-times they are very small and slenderly proved whereas now the Justice cannot by the Law keep his Seat but once in three years and if a Pardon come in the mean time all those offences are discharged Touching the last and fourth point he said in making of Laws one principal and special care is to be taken that nothing pass in dark words but that it may be clear and evidence to the understanding of the Makers thereby to know to what they bind themselves and their Posterity the contrary whereof was to be doubted in this Bill as it was penned wherein Authority should be given to the Justices of the Forests to proceed in the Execution of punishment and other matters not only according to the Laws but also according to the Customs Usages and Ordinances of the Forests which latter words are very obscure and therefore dangerous to pass in that form for what the Laws of the Forests are such as be established by Authority of Parliament are evident and open to all men and every Subject is bound to take knowledge of them but what the Customs Usages and Ordinances of the Forest be and how far these words may extend is very doubtful and uncertain the same being only known to Officers and Ministers of Forests and are so far from the common knowledge of other men as few or none that are Learned in the Laws of the Realm have any understanding in them so as if any Subject of the Land should be Impeached for an offence committed in the Forests he shall not be able to receive advice by Councel in the Law for his reasonable defence and therefore under those general words to bind the Subject to those things that neither they do nor may easily get knowledge of The House of Commons do think it a matter very inconvenient and do also think that the Forest Laws already established by Parliament are strict enough and being put in due Execution may suffice without any further addition to increase the burthen of them To these Objections the Earl of Sussex a wise man of good understanding in Forest matters being Justice of the Forests on this side Trent said for Answer in effect as followeth To the first confessing that by Authority of Parliament the Justices of the Forests might appoint their Deputies said nevertheless that those also could not hold their sittings without great charge and their doings shall not be so obeyed nor esteemed as the Acts and Proceedings of the Justices themselves and therefore thought this Law necessary To the second third and fourth he said that there was no meaning by the Lords that past the Bill to bring upon the Subjects any of those inconveniences that were noted by the House of Commons howsoever the Bill might be penned contrary to their intentions and yet he thought that the words were misconceived and drawn to a harder sense than there was cause Nevertheless he said the Lords could be well contented that the House of Commons should reform such things in the Bill touching those points as they should find convenient so as the same were done with good consideration and upon sufficient cause whereof they doubted not This being the substance of the Conference it was the next day reported by one of the Committees to the
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
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
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
having given it a second reading did notwithstanding that it had passed the House of Commons refer it to divers Committees there named who did it seems add divers Provisoes thereunto containing the substance of a new Bill to be annexed to the old Bill and which with it made but one Act or Statute and had its first reading on Wednesday the 15. day and its second reading on Thursday the 16. day of the same Month and on Saturday the 18. day thereof Also both the old Bill sent up from the House of Commons and the Provisoes and Amendments annexed unto it in nature of a new Bill were tertia vice lect and passed the Lords notwithstanding the malitious opposition of divers Popish Bishops although this Bill did upon the matter declare no more than the Antient Kings of this Realm had always aimed at which said new Provisoes and Amendments being in the nature of a new Bill were the same day sent down to the House of Commons with their old Bill where the said Provisoes and Alterations added by the Lords had their first reading on Monday the 20. day their second on Tuesday the 21. day and their third on Wednesday the 22. day of the aforesaid March preceding and the said old Bill touching the Supremacy with those new provisions and alterations annexed to it and now passed also by the House of Commons were the same Forenoon returned up again unto their Lordships with a new Proviso added by the said Commons thereunto which said new Proviso was then read also prima secunda tertia vice and passed in the Upper House But whether the many new Additions and Alterations in this foregoing Bill had made some confusion in it or that the House of Commons disliked that their Bill formerly passed with them had received so much reformation in the Upper House or for what other cause I know not most certain it is that they had no desire the said former Bill should be made a perpetual Law by her Majesties Royal Assent and thereupon they framed a new Bill to the like purpose in which I suppose they included also the substance of all the Additions Provisoes and Amendments which the Lords had annexed to their former Bill which had its first reading in the House of Commons as appears by the Original Journal Book of the same House fol. 207. a. on Monday the 19. day of this Instant April being thus intituled much differing from the title thereof here annexed or after added before the Printed Statute viz. The Bill to avoid the usurped power claimed by any Foreign Potentate in this Realm and for the Oath to be taken by spiritual and temporal Officers After which it had its second reading on Wednesday the 12. day and its third reading on Thursday the 13. day of the same Month where also it is entred with this new title viz. The Bill for restoring the spiritual Jurisdiction to the Imperial Crown of the Realm and abolishing Foreign Power And in the inner Margent of the said Journal Book fol. 203. a. over against the beginning of the said title is written Judicium Assent which sheweth that upon the said third reading it passed the House after which on the next day following being Friday it was with three other Bills sent up to the Lords And on Saturday the 15. day of the said April it was read prima vice in the Upper House And on Monday the 17. day thereof next ensuing it was read there secunda vice and thereupon committed to divers Peers as the former Bill in this great and important cause had been before referr'd to Committees on Monday the 13 th day of March preceding although it had been sent up from the Commons and had passed their House in such manner and form as the present Bill had been passed by them And as to that said former Bill so to this also as it is easie to be gathered did the Lords Committees make some addition although but of one new Proviso which was read prima secunda vice on Tuesday the 25 th day of this Instant April after which both the Bill it self and that new Proviso had their third reading and passed the Upper House on Wednesday the 26 th day of the same Month and the said Bill with the said new Proviso written in Parchment were at the same time sent down to the House of Commons by Serjeant Weston and the Queens Attorney where the said new Proviso added by the Lords was passed and the Bill returned again from them unto their Lordships on Friday the 28 th day of this Instant April with another new Proviso added by them although through the great negligence of ..... Scymour Esq now Clerk of the same House there be no mention at all of the sending down of the said Proviso passing it or adding of the new Proviso but only of the returning the same to the Lords Apr. 27. in the Original Journal Book of the same House To 〈◊〉 new Proviso also it should seem the 〈◊〉 gave three readings this present day and so passed it And it is probable that it happened only through the error of Francis Spilman Esq Clerk of the Upper House that the said Proviso is set down to have been read only tertia vice this Instant Saturday the 29 th day of April The Bill also limiting the times for laying on Land Merchandizes from beyond the Sea and touching the Custom of Sweet Wines and the Bill for the continuance of certain Statutes were each of them read prima vice The Bill touching Hexham and Hexhamshire in the County of Northumberland and the Bill whereby the use or practice of Inchantments Witchcrafts and Sorceries is made Felony were each of them read secunda vice Three Bills were brought up to the Lords from the House of Commons of which the first Bill set down in the Original Journal Book to have been brought up as aforesaid is thus intituled viz. An Act for Uniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments conclus which doubtless was so entred through the negligence of Francis Spilman Esq at this time Clerk of the Upper House For it is plain that no such Bill was remaining at this time in the House of Commons and that only two other Bills the one to annex to the Crown certain Religious Houses c. and the other touching the Garbling of Feathers c. were sent up by Mr. Vicechamberlain as is there set down fol. 213. a. which two Bills are also set down in the Original Journal Book of the Upper House For this Bill touching the Unity of Service in the Church c. was passed in the House of Commons upon the third reading on Thursday the 20 th of this Instant April foregoing as appears by the Original Journal Book of the same fol. 210. a. and was from thence sent up to the Lords on Tuesday the 25 th day and was read prima vice
comfortable words and commanded the Parliament to be dissolved Nota That this business had many and long Agitations in the House of Commons who were especially violent in that latter branch of it touching the Declaration of a Successor as see more at large on Monday the 25 th day of November foregoing and lastly I have thought good to give a short touch that all the foregoing passages of this Afternoon touching her Majesties Presence Royal Assent Speech and Dissolving the Parliament were thus Orderly set down in the Original Journal-Book of the House of Commons and have here received little Alterations THE JOURNAL OF THE House of LORDS The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster An. 13 Reg. Eliz. A. D. 1571 which began there on Monday the 2 d day of April and then and there continued until the Dissolution thereof on Tuesday the 29 th day of May ensuing THIS Journal of the Upper House continuing about the space of two Months was very carelesly entred in the Original Journal-Book of the Upper House by the Clerk thereof who as it seems was Anthony Mason Esq succeeding about this time in the said Office of Clerk of the Upper House unto Francis Spilman Esq who had formerly supplied that place But yet by means of a Copious Journal I had by me of the Passages of the House of Commons in this Parliament taken by some Anonymous Member thereof and also of some Copies I had of the Speeches of Sir Nicholas Bacon Lord Keeper at the beginning and conclusion of this said Parliament this ensuing Journal is much enlarged And therefore to avoid confusion whatsoever is here inserted out of the said private Journal is particularly distinguished from that which is taken out of the above-mentioned Journal-Book of the Upper House by some Animadversions or Expression thereof both before and after the inserting of it Neither doth the Original Journal-Book it self of the Upper House want some matter of variety besides the ordinary Reading Committing and passing of Bills in respect that Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench was appointed by her Majesties Commission under the Great Seal to supply the Lord Keepers place upon occasion of his sickness during some part of this said Parliament in the first entry whereof is set down out of the foresaid Anonymous Journal of the House of Commons her Majesties coming to the Upper House with the Order and manner of it the substance also of which is found though somewhat more briefly set down in the Original Journal-Book of the same House On Monday the second day of April the Parliament beginning according to the Writs of Summons sent forth her Majesty about eleven of the Clock came towards Westminster in the antient accustomed most honourable Passage having first riding before her the Gentlemen Sworn to attend her Person the Batchellors Knights after them the Knights of the Bath then the Barons of the Exchequer and Judges of either Bench with the Master of the Rolls her Majesties Attorney General and Sollicitor General whom followed in Order the Bishops and after them the Earls then the Archbishop of Canterbury The Hat of Maintenance was Carried by the Marquess of Northampton and the Sword by the Earl of Sussex The place of the Lord Steward for that day was supplied by the Lord Clinton Lord Admiral of England the Lord Great Chamberlain was the Earl of Oxenford And the Earl Marshal by Deputation from the Duke of Norfolk was the Earl of Worcester Her Majesty sate in her Coach in her Imperial Robes and a Wreath or Coronet of Gold set with rich Pearl and Stones over her Head her Coach drawn by two Palfries covered with Crimson Velvet drawn out imbossed and imbroidered very richly Next after her Chariot followed the Earl of Leicester in respect of his Office of the Master of the Horse leading her Majesties spare Horse And then forty seven Ladies and Women of Honour The Guard in their rich Coats going on every side of them The Trumpeters before the first sounding and the Heralds riding and keeping their rooms and places Orderly In Westminster Church the Bishop of Lincoln Preached before her Majesty whose Sermon-being done her Majesty came from the Church the Lords all on foot in order as afore and over her Head a rich Canopy was carried all the way She being entred into the Upper House of Parliament and there sate in Princely and seemly sort under a high and rich Cloth of Estate her Robe was supported by the Earl of Oxenford the Earl of Sussex kneeling holding the Sword on the left hand and the Earl of Huntingdon holding the Hat of Estate and the Lords all in their Rooms on each side of the Chamber that is to say the Lords Spiritual on the right hand and the Lords Temporal on the left Nota That whereas the presence of these Lords ought here according to the usual course to have been inserted out of the Original Journal-Book of the Upper House it must of necessity be omitted in respect that through the great negligence of Anthony Mason Esq at this time as it should seem Clerk of the said House there are none of the said Lords noted to have been present yet it may be probably guessed who they were by those who attended on Wednesday of this instant April ensuing Quod vide The Judges and her Learned Councel being at the Woollsacks in the midst of the Chamber and at her Highness Feet at each side of her kneeling one of the Grooms or Gentlemen of the Chamber their Faces towards her the Knights Citizens and Burgesses all standing below the Bar her Majesty then stood up in her Regal Seat and with a Princely Grace and singular good Countenance after a long stay spake a few words to this effect or thus Mr right Loving Lords and you our right faithful and Obedient Subjects we in the name of God for his Service and for the safety of this State are now here Assembled to his Glory I hope and pray that it may be to your Comfort and the common quiet of our yours and all ours for ever And then looking on the right side of her towards Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England standing a little beside the Cloth of Estate and somewhat back and lower from the same she willed him to shew the cause of the Parliament who thereupon spake as followeth THE Queens most Excellent Majesty our most Dread and Gracious Soveraign hath Commanded me to declare unto you the Causes of your Calling and Assembly at this time which I mean to do as briefly as I can led thereunto as one very loth to be tedious to her Majesty and also because to wise men and well-disposed as I judge you be a few words do suffice The Causes be chiefly two The one to establish or dissolve Laws as best shall serve for the Governance of the Realm
The other so to consider of the Crown and State as it may be best preserved in time of Peace and best defended in the time of War according to the Honour due unto it And because in all Councils and Conferences first and chiefly there should be sought the Advancement of Gods Honor and Glory as the sure and infallible Foundation whereupon the Policy of every good Publick Weal is to be Erected and built and as the streight line whereby it is principally to be directed and governed and as the chief Pillar and Buttress wherewith it is continually to be sustained and maintained Therefore for the well-performing of the former touching Laws you are to consider first whether the Ecclesiastical Laws concerning the Discipline of the Church be sufficient or no and if any want shall be found to supply the same and thereof the greatest care ought to depend upon my Lords the Bishops to whom the Execution thereof especially pertains and to whom the imperfections of the same be best known And as to the Temporal Laws you are to Examine whether any of them already made be too sharp or too sore or over-burthenous to the Subject or whether any of them be too loose or too soft and so over-perillous to the State For like as the former may put in danger many an Innocent without cause particularly so the second may put in peril both the Nocent and Innocent and the whole State universally You are also to examine the want and superfluity of Laws you are to look whether there be too many Laws for any thing which breedeth so many doubts that the Subject sometimes is to seek how to observe them and the Councellor how to give advice concerning them Now the second which concerns a sufficient provision for the Crown and State herein you are to call to remembrance how the Crown of this Realm hath been many ways charged extraordinarily of late not possibly to be born by the ordinary Revenues of the same and therefore of necessity to be relieved otherwise as heretofore it hath commonly and necessarily been For like as the ordinary charge hath been always born by ordinary Revenues so the extraordinary charge hath always been sustained by an extraordinary relief This to those that be of understanding is known not only to be proper to Kingdoms and Empires but also is hath been and ever will be a necessary peculiar pertaining to all Common-Wealths and private States of men from the highest to the lowest the rules of reason hath ordained it so to be But here I rest greatly perplexed whether I ought to open and remember unto you such reasons as may be easily produced to move you thankfully and readily to grant this extraordinary relief or no I know the Queens Majesty conceiveth so great hope of your prudent foreseeing what is to be done and of your good wills and readiness to perform that which by Prudence you foresec that few or no perswasions at all are needful for the bringing this to pass Nevertheless because by the antient order heretofore used it is my Office and Duty somewhat to say in this Case and likewise all men also that be present neither understand alike nor remember alike Therefore I mean with your favour and patience to trouble you with a few words touching this point True it is that there be two things that ought vehemently to move us frankly bountifully and readily to deal in this matter The former is the great benefits that we have received the second is the necessity of the Cause If we should forget the former we are to be charged as most ungrate and unthankful and the forgetfulness of the second doth charge us as uncareful of our own Livings and Liberties and of our Lives the former moveth by Reason and the second urgeth by Necessity And here to begin with the former albeit that the benefits that the Realm hath received by Gods Grace and the Queens Majesties Goodness both for the number and greatness are such as may be more easily marvelled at than worthily weighed and considered Yet mean I to remember briefly three of them whereof the first and chief is restoring and setting at Liberty Gods holy Word amongst us the greatest and most precious Treasure that can be in this World for that either doth or should benefit us in the best degree to wit our Minds and Souls and look how much our Souls excel our Bodies so much must needs the benefits of our Souls excel the benefits of our Bodies whereby also as by a necessary consequent we are delivered and made free from the Bondage of the Roman Tyranny therefore this is to be thought of us the most principal benefit The second is the inestimable benefit of Peace during the time of ten whole years together and more and what is Peace is it not the richest and most wished for Ornament that pertains to any publick Weal Is not Peace the mark and end that all good Governments direct their actions unto Nay is there any benefit be it never so great that a man may take the whole Commodity of without the benefit of Peace Is there any so little Commodity but through Peace a man may have the full fruition of it By this we generally and joyfully possess all and without this generally and joyfully we possess nothing A man that would sufficiently consider all the Commodities of Peace ought to call to remembrance all the miseries of War for in reason it seems as great a benefit in being delivered of the one as in the possessing of the other Yet if there were nothing the common and lamentable Calamities and Miseries of our Neighbours round about us for want of Peace may give us to understand what blessedness we be in that possess it There be that never acknowledge benefits to their value whilst they possess them but when they be taken from them and so find their want marry such be not worthy of them Now is it possible trow you that this blessed benefit of Peace could have been from time to time thus long conserved and conferred upon us had not the mind affection and love that our Soveraign bears towards us her Subjects bred such care over us in her Breast as for the well bringing of this to pass she hath for born no care of Mind no travel of Body nor expence of her Treasure nor sale of her Lands no adventuring of her Credit either at home or abroad a plain and manifest Argument how dear and pretious the safety and quiet of us her Subjects be to her Majesty And can there be a greater perswasion to move us to our power to tender the like The third is the great benefit of Clemency and Mercy I pray you hath it been seen or read that any Prince of this Realm during whole ten years Reign and more hath had his hands so clean from Blood If no offence were her Majesties Wisdom in Governing was the more to be wondred
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
Merchants the Controversies which have ensued by this means amongst them and the subtile means whereby the Statute was procured without the consent of the Major or Commons by such as were put in Trust. M r Alford said that he might not speak of the Prerogative aptly for that he was not Learned in the Law but made some remembrance of what he had there seen concerning the Act of Parliament for Southampton where it appeareth that without an Act of Parliament her Majesties Letters Patents were not sufficient and therefore he prayed convenient consideration might be and that the same if it should so seem good to the House might be conjoined to the former and other Bill c. Then spake M r Cleere Sir Francis Knolles Sir Nicholas Arnold Sir Henry Norris and M r Christopher Yelverton of Grays-Inn severally to the said Bill whose Speeches being somewhat imperfectly and uncertainly set down in the before-mentioned Anonymous Journal are therefore omitted although from them and the residue foregoing the effect of this Bill may be Collected to have been for the Dissolution of certain Companies of Merchants in Bristol whom her Majesty had Incorporated by her Letters Patents and authorized them to Trade to certain places by which it was pretended that the publick and free trading of others was restrained and at last upon the Motion of M r Fleetwood That the Bill being of great weight might be further considered of by the House and the Committees be appointed at some other time it was thereupon Ordered that they should be appointed on the day following which was done accordingly Then was read the Bill for coming to Service but what reading it was appeareth not by the aforesaid Anonymous Journal nor by the Original Journal Book it self in which this said Bill is not at all mentioned but it should seem that it was the second reading because divers Speeches ensued thereupon which in respect that they concern a matter of so great moment are therefore transcribed out of the Anonymous Journal in manner and form following M r Snagg shewed at large the inconveniencies of the old Law for coming to Service for said he by the former Law it was Enacted that the Service shall not be said or Sacrament ministred in other sort than in the Book of Common-Prayer is prescribed he shewed how differently the same was used in many places from the prescribed Rule as where no part of those Prayers were observed but a Sermon and some such other Prayers only as the Minister shall think good in place thereof whereupon have great divisions discords and dislikes grown amongst and between great numbers And since it is Law that in this sort Service shall be used and that whosoever shall be at any other form of Service shall incur the penalty prescribed and that the Ministers neither do nor will do herein as they should and as is by the Law prescribed and commanded he thought the proceedings in this kind should occasion a Dilemma in mischief for by this Law if he come not he shall lose twelve pence and if he come and be present and the Service be not said according to the prescribed Rule of the Book he shall lose a hundred Marks M r Aglionby Burgess of the Town of Warwick moved the Law might be without exception or priviledge for any Gentlemen in their private Oratories this did he prove to be fit out of Plato his Laws and Cicero both prescribing for the observation of the Law an equality between the Prince and the poor Man not giving scope to the one above the other Also he remembred the Authority of Lactantius Firmianus making this only difference betwixt Man and Beast that all men do know and acknowledge that there is a God and in this respect there should be no difference between Man and Man Withall he said the more noble the Man the more good his Example may do He therefore concluded that for so much of the Law so the same might be general he was of good liking that it should pass But for the other matter concerning the receiving of the Communion he argued that it was not convenient to inforce Consciences And to that purpose he shewed the Authority of D rs which he vouched without quoting the place or sentence He said also that it was the Opinion of Fathers and Learned Men of this Land and therefore wished they might be consulted with Finally he concluded that bonae Leges è malis moribus proveniunt but no good Laws may make a good man fit to receive that great Ministry of God above This whole Speech he tempered with such discretion as in such Case was seemly And whatsoever he spake he spake the same under Correction M r Strickland standing up first prayed he might be excused for that he was to speak on a sudden and unprovided For the first He approved what M r Aglionby had said For the second he said he could not be of that mind and he vouched out of Esdras that the Church yea the Consciences of men were by the Prophet restrained withal he said Conscience might be free but not to disturb the common quiet He shewed the practice and doings of the Pope the banishment of the Arrians c. That the word of the Prince for lack of Law must not be tied The Israelites he said were constrained to eat the Pass-over And finally he concluded that it was no straitning of their Consciences but a Charge or loss of their Goods if they could not vouchsafe to be as they should be good men and true Christians M r Dalton reasoned to this effect that there could ensue no inconvenience by those two Laws which were intended to be contrary his reason was except the Service be according to the Law no man is bound to stay there no more than if he be bound to come and hear Service if there be no Service he is to forfeit his Bond. For Answer to M r Aglionby he said the matters of Conscience did not concern the Law-makers neither were they to regard the error curiosity or stiff-neckedness of the evil ignorant or froward persons For be it they did proceed orderly to the discharge of their own Consciences in making the Law let them care for the rest whom it behoveth He was of mind that Gentlemen should not be excepted for the causes aforesaid but he wished provision might be made for such as be imprisoned or cannot come for fear of Arrests He wished also that the Law might have continuance but till the end of the next Parliament These foregoing Speeches being thus transcribed out of that often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal and two other Speeches of M r Fleetwood and M r Popham of no great moment being omitted now follows some part of the next days passages out of the Original Journal-Book of the House of Commons On Thursday the 12 th day of April M r Comptroller upon
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
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
Heathens that were most barbarous But here it may be said the mischief appeareth where is the remedy and that it were better not opened in such a presence than opened without the remedy both devised and declared In mine opinion the remedies may easily be devised all the difficulty is in the well Executing of them As first if the chief Parsonages of this Realm both in Town and Country would give good Example it cannot be but it would be much to the remedying of a great part of this mischief Secondly The dividing every one of the Dioceses according to their greatness into Deaneries as I know commonly they be and the committing of the Deaneries to men well chosen as I think commonly they be not and then the keeping of certain ordinary Courts at their prescript times for the well Executing of those Laws of Discipline as they ought to be with a sure controulment of those inferior Ministers by the Bishop or his Chancellor not biennially or triennially but every year twice or thrice which use of necessity without very great difficulty may do much in very short time to the reformation of this the chief Officers Ecclesiastical all being very well and the Laws themselves being first made sufficient and perfect which in this Parliament may very well be brought to pass And because the proceedings of matters in Discipline and Doctrine do chiefly concern my Lords the Bishops both for their understanding and Ecclesiastical Function therefore the Queens Highness looketh that they being called together here in Parliament should take the chiefest care to confer and consult of these matters And if in their Conference they found it behooful to have any Temporal Acts made for the amending and reforming of any of these lacks that then they will exhibit it here in Parliament to be considered upon and so Gladius Gladium juvabit as before time hath been used foreseeing always that all Laws and Ordinances for this matter of Doctrine and Discipline be uniform and so one sort throughout the whole Realm And thus much concerning Religion being the first part Now to the second that is matters of Policy And herein first for the good Government of the Subjects at home the lacks and defaults whereof as in Discipline so in this stand altogether in the imperfection of Laws or else the fearfulness slothfulness and corruption of Temporal Officers that ought to see the due Execution of them For the help of the former you are to Examine whether any Laws already made are too sharp or too sore and so over-burthensom for the Subject or whether any of them are too loose or too soft and so over-dangerous to the State for like as the former may put in danger many an Innocent particularly so the second may put in danger both the nocent and innocent and the whole State universally You are also further to Examine the want and superfluity of Laws and whether crafty Covetousness and Malice have devised any means to defraud Laws already made or how to do any injuries for which there is no Law that hath his being to reform it or whether the Common-Weal and State of this Realm by reason of any imperfection or cause is like to fall to any danger or peril for the greater the danger is the greater would the care and consideration be for the remedy of it You are also to Examine whether there are too many Laws for any one thing which breedeth so many doubts that the Subject is sometimes to seek how to observe them and the Chancellor how to give advice concerning them As to the second imperfection which is the want of the due Execution of Laws because I cannot perceive but all the rest and all Laws made and to be made is but a vain matter therefore I have thought oft with my self what might be the best remedy if not to make all Laws perfectly Executed for that I can hardly hope of yet to make them in much better Case than now they be And when I had considered all things I could find no help but this The first by having great care in the choice of those Officers that have the Execution of Laws The second to do as much as may be for the banishing of sloth corruption and fears from them A third way there is which I leave to your judgments this it is there should be a triennial or biennial Visitation in this nature made of all the Temporal Officers and Ministers that by virtue of their Office have in charge to see the Execution of Laws By this I mean that the Queens Majesty should make choice every second or third year of certain expert and approved persons to whom Commission should be granted to try out and examine by all ways and means the offences of all such as have not seen to the due Execution of the Laws according to the offices and charges committed to them by the Prince And the offences so found and certified to be sharply punished without remission or redemption Of effect much like this and to the like end was the Visitation of the Church first devised whereof in the beginning of it came great good doubtless and reason I see none but the like good ought to follow upon like Visitation made amongst Temporal Officers And the old Commission of Oyer tended somewhat to this end I doubt certainly if the Laws and Statutes of this Realm should not indifferently uprightly and diligently be put in Execution as my trust is they shall especially in the great and open Courts of this Realm then my burthen I confess is equal with the greatest and yet for my part I would gladly every year hear of and yield to such a Comptroller Now to the last and greatest which is the defence against the Foreign Enemy abroad and his Confederates brought up and bred amongst us our selves because these matters be by reason now chiefly in hand and that the dealings of the outward Enemy be matters that go to the whole and that this presence you know representeth the whole Therefore in all congruity it seemeth reason that all we for and in the name of the whole consider carefully of this cause and give present assistance for the help of it And to the end you may be more able to give good Counsel and advice therein it hath been thought meet I should summarily and shortly make you privy of these proceedings which shall be the better understood if I begin at the root as I intend This it is The Queens Majesty at her coming to the Crown finding this her Realm in a ragged and torn State and yet in Wars with a mighty Enemy the Chief Fortress of the same lost to the Realms great dishonour and weakning her Frontier Towns not sufficiently fortified the Revenue of the Crown greatly spoiled the Treasure of the Realm not only wasted but the Realm also greatly indebted The Land of Ireland much out of order The Staple and Store of all kind
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
deal both safely and honourably as well for your Self as for your State For thereby it seemeth that neither shall she nor any for her hereafter dare deal to do harm but also all Foreign Princes and Nations will think much Honour of such your merciful proceedings And lastly whereas she hath fallen into your hands from the violence of others and so as a Bird followed by a Hawk seeketh succour at your Majesties Feet your Highness thinketh your Self bound in Honour for that she is your Sister and a Queen Born not to proceed further only to her disablement counting it a strong work for your Safety These be the Reasons which in part may move your Majesty to take this Course as we do conceive All which notwithstanding if it it might please your most Excellent Majesty to suffer your poor and faithful Subjects to enter deeply upon good search of this Cause and by way of reply to make Answer with proceeding by just proofs for your Majesties Safety we doubt not but with your Highness favourable acceptation all that which hitherto hath been uttered is rather a Declaration of that most Mild and Gracious Nature of Yours than any assurance for your Person and State at all Reasons Answering the former Arguments May it therefore please your Majesty WHereas it is said that it standeth to very good purpose to proceed only in disabling the Scottish Queen for any Claim or Title to the Crown we take it by your Majesties Favour that such and especially disabling of the Scottish Queen is in effect a special Confirmation of a Right that she should have had Quia privatio praesupponit habitum And further we do take it for a known truth that by the Laws and Statutes in this Land now in Force she is already disabled and therefore it is to small purpose rem actam agere And for Answer unto the premisses we say further that neither shall this weaken others that are evil minded but rather strengthen them in their mischief and make them desperate where there is no other remedy And a Firebrand once kindled and finding apt matter to work upon will hardly be quenched without a great hazard Touching the grievous pains laid upon those that shall deal those will be little feared by the wicked whom hope of gain maketh more bold than such pains do appall Besides Nature given to this Nation and all others that are under the Moon maketh men often-times stir without cause and as Plato saith Naturales sunt conversiones rerum pub Yet they that heretofore have born Armour as Traytors not fearing the Law then in force which did as much restrain them as this or any Law to be made can be able being desperate will fear no Laws especially such an instrument living by whom all attempts are to be wrought Force overthroweth Justice till the Cause of all mischief which is the hoped help be clean taken away And where it is said that the making of a Law for her disabling emboldneth much your Subjects to deal against her We Answer that no new Law needeth to encourage good and Loyal Subjects against such a Person who hath broken all the Laws of God and nature and is worthy to be out of your Majesties Protection because she seeketh still the disturbance of this noble State and using often her own phrase threatneth that she will stir Coals Touching a new Law to be made against her if she should attempt any evil hereafter the experience of her former life is such that no Law hath any force with her that is fully minded to take her advantage upon any apt occasion offered And to threaten her with Death if she should seem to make an escape hereafter is such advice that she nothing feareth for besides that she was told at Lough-Leaven there was no way but Death with her if she would not take her Imprisonment quietly and live without seeking Liberty she notwithstanding adventured her self with a young Fellow very dishonourably to get away in a Boat And now since her coming into England she hath wrought divers wayes to make an Escape and imployed the heads of the chiefest Estates of your own disloyal Subjects for that purpose Therefore menacing and but threatning words of Law shall not keep her back from her malicious intent to subvert your Majesty and to give a push for the Crown come of her what will And likely it is that she may escape as well as be taken for she neither wanteth Wit nor Cunning to make her way And we have learned in matters of great hazard to be well advised and to take always that Order which may be the best Now there will want no Traytors to be always ready to bring this her device about and to do what they can for her Liberty And such as will not deal in small matters will adventure deep for a Kingdom because the reward is great when the service is done But your Majesty hath regard unto your Honour as much as to your Safety and thinketh that in taking this Course all Princes will speak well of your Highness May it please your Majesty We your good Subjects do well like of so honourable a meaning but we would be loth to see that when you have such regard of Honour you do thereby lose your State and so your Life Honour and all For if it should fall out that the Scottish Queen escaped your hands which Christ for his Mercies sake forbid all good Princes would think great want of Judgment and foresight First in your Majesty next in your Councel last of all in all the whole Nation and such a grief it would be to your Majesty and Subjects and to all other good Christian Princes throughout Europe as none could be greater Again such a matter of Comfort and Triumph it would be to the Adversaries that they would account her escape a miraculous work of God and that your Majesty had no power though will to keep her safe And when that day should come Wo be to all true Christians universally for upon her do depend the chiefest Enemies of Religion and to this Kingdom May it please you therefore most Gracious Queen to be well advised and to take sound Counsel when it is given knowing this for a certain truth that evil foreseen and advisedly looked unto doth ever the less harm But still your Majesty considering the great troubles that she hath had and forgetting or not greatly esteeming what troubles she hath brought unto your Realm doth by a merciful respect of your most Gracious Nature rather bend to do good to her than to seek Safeguard for your Self And seeing here your Sister though unnatural and also a Queen by Birth although not worthy of Life cannot but rather hazard your own self than deal with her according to her deserts This your Majesties nature being thus known it behoveth all your good Subjects most Gracious Soveraign to call and cry to God for his Heavenly
give a Gracious Ear unto this your Petition And yet the third note exceedeth the other two former for in this note she conceiveth the abundance of your inward affection grounded upon her good Governance of you to be so great that it doth not only content you to have her Majesty Reign and govern over you but also you do desire that some proceeding from her Majesties Body might by a perpetual Succession Reign over your Posterity also a matter greatly to move her Majesty she saith to incline to this your Suit Besides her Highness is not unmindful of all the benefits that will grow to the Realm by such Marriage neither doth she forget any perils that are like to grow for want thereof All which matters considered her Majesty willed me to say that albeit of her own natural disposition she is not disposed or inclined to Marriage neither could she ever Marry were she a private Person yet for your sakes and the benefit of the Realm she is contented to dispose and incline her self to the satisfaction of your humble Petition so that all things convenient may concur that be meet for such a Marriage whereof there be very many some touching the state of her most Royal Person some touching the Person of him whom God shall join some touching the state of the whole Realm these things concurring and considered her Majesty hath Assented as is before remembred And thus much touching this matter As to the fourth part which concerneth a Declaration of the Laws passed in the Session whereunto you do pray that her Majesty would give her Royal Assent her Majesty hath Commended your travel and pains taken in devising of these Laws your Considerations and Carefulness in debating and consulting and your Judgments and Determinations in concluding and passing of the same and meaneth to give her Royal Assent to so many of them as her Majesty shall think meet and convenient to pass at this time But here I am to remember you that this is not all that her Highness requireth in this point for she is desirous that the great travels pains and great charges imployed about the making of these Laws should not be lost neither her Majesties Royal Assent granted in vain which must needs come to pass except you look better to the Execution of Laws than heretofore you have done for as I have before this time seen Laws without Execution be nothing else but Pen Ink and Parchment a Countenance of things and nothing in Deed a cause without an effect and serve as much to the good Governance of the Common-Weal as the Rudder of a Ship doth serve to the good Governance of it without a Governour and so serve to as good purpose to direct mens actions as Torches do to direct mens goings in the dark when their Lights be put out Were it not great folly trow ye yea and meer madness for a man to provide apt and handsome tools and instruments to reform and prune his Trees withal and then to lay them up in fair Boxes and Bags without use of them and is it not as strange trow ye to make Laws to reform mens manners and to prune away the ill branches and members of the Common-Weal and then to lay up those Laws in fair Books and Boxes without Execution of them Surely there is a small difference betwixt these Causes may it were much better to have no new Laws made at all than to have Laws not Executed for the former doth but leave us in the state we were in before the making of the new Laws but not to execute them is to breed a contempt of Laws and Law-makers and of all Magistrates which is the Mother and Nurse of Disobedience and what she breedeth and bringeth forth I leave to you to judge Now this offence of not executing of Laws growing so great it resteth to see in whose default this is and who ought to have the burthen of it First certain it is that her Majesty leaveth nothing undone meet for her to do for the Execution of Laws for first she maketh choice of Persons of most Credit and best understanding throughout the whole Realm to whom for the great Trust and Fidelity that she reposeth in them she giveth Authority by Commission to execute a great part of those Laws who also by Oath be bound to perform the same Besides the most special and needful Laws her Highness causeth to be Proclaimed and published unto her People as over this also lest men should be forgetful of their Duties she causeth a number of her Justices to be called into publick place and there to be exhorted and admonished in her Majesties name to see the Execution of her Laws and what can here be more devised for her Majesty to do Surely in my opinion nothing Then falleth it out necessarily and consequently that the burthen of all these Enormities Absurdities and mischefs that do grow in the Common-Wealth for not Executing of Laws must light upon those persons that have Authority from her Majesty to Execute them and do it not which is a burthen over-heavy for any to bear being justly charged For the avoiding of this therefore methinks men being thus remembred ought to seek with all diligence and endeavour to satisfie for their negligence and uncarefulness past which if they shall forget to do her Majesty shall be then driven clean contrary to her most Gracious Nature and Inclination to appoint and assign private men for profit and gain sake to see her penal Laws to be Executed The course which hitherto her Majesty hath taken hath been to have her Laws Executed by men of Credit and Estimation for the love of Justice uprightly and indifferently but if they shall refuse so to do forgetting their duty to God Soveraign and Countrey then of necessity rather than the Laws should be unexecuted her Majesty shall be driven I say to commit the Execution of them to those who in respect of profit and gain will see them Executed with all extremity And what a burthen that will bring to the Common-Weal I leave it to your consideration But it is to be hoped that if the respects before remembred will not move you to see better to your Charge yet the fear of this great inconveniency should constrain men that be in Commission to look to the better Execution of Laws And thus much touching the fourth part Now as to the fifth and last which concerneth the grant of a Subsidy her Majesty hath Commanded me to say unto you that that grant is a manifest Declaration by Deeds of that which before was declared by words for how could such a Grant be made and in such manner granted and by such persons but that of necessity it must proceed from the benevolent minds and hearty affections of such loving Subjects as are before remembred True it is that her Majesty in these your doings hath noted three things especially and principally every of them tending
needful to put you in remembrance that this Honourable Assembly are Assembled and come together here in this place for three special Causes of most weighty and great importance The first and principal is to make and abrogate such Laws as may be most for the preservation of our noble Soveraign The second ..... The third is to make or abrogate such Laws as may be to the chiefest surety safe-keeping and enrichment of this noble Realm of England So that I do think that the part of a faithful-hearted Subject is to do his endeavour to remove all Stumbling-Blocks out of the way that may impair or any manner of way hinder these good and Godly Causes of this our coming together I was never of Parliament but the last and the last Session at both which times I saw the Liberty of free Speech the which is the only Salve to heal all the Sores of this Common-Wealth so much and so many ways infringed and so many abuses offered to this Honourable Council as hath much grieved me even of very Conscience and love to my Prince and State Wherefore to avoid the like I do think it expedient to open the Commodities that grow to the Prince and whole State by free Speech used in this place at the least so much as my simple Wit can gather of it the which is very little in respect of that that wise Heads can say therein and so it is of the more force First All matters that concern Gods Honour through free Speech shall be propagated here and set forward and all things that do hinder it removed repulsed and taken away Next there is nothing commodious profitable or any way beneficial for the Prince or State but faithful and loving Subjects will offer it in this place Thirdly All things discommodious perillous or hurtful to the Prince or State shall be prevented even so much as seemeth good to our merciful God to put into our minds the which no doubt shall be sufficient if we do earnestly call upon him and fear him for Solomon saith The fear of God is the beginning of Wisdom Wisdom saith he breatheth Life into her Children receiveth them that seek her and will go beside them in the way of Righteousness so that our minds shall be directed to all good needful and necessary things if we call upon God with faithful hearts Fourthly If the Envious do offer any thing hurtful or perillous to the Prince or State in this place what incommodity doth grow thereby Verily I think none nay will you have me to say my simple opinion therein much good cometh thereof how forsooth for by the darkness of the Night the brightness of the Sun sheweth more excellent and clear and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out for it is offered in this place a piece of fine Needle-work unto them that are most skilful therein for there cannot be a false stitch God aiding us but will be found out Fifthly This good cometh thereof a wicked purpose may the easier be prevented when it is known Sixthly An evil man can do the less harm when it is known Seventhly Sometime it happeneth that a good man will in this place for Argument sake prefer an evil cause both for that he would have a doubtful truth to be opened and manifested and also the evil prevented so that to this point I conclude that in this House which is termed a place of free Speech there is nothing so necessary for the preservation of the Prince and State as free Speech and without it is a scorn and mockery to call it a Parliament House for in truth it is none but a very School of Flattery and Dissimulation and so a fit place to serve the Devil and his Angels in and not to glorify God and benefit the Common-Wealth Now to the impediments thereof which by Gods Grace and my little Experience I will utter plainly and faithfully I will use the words of Elcha Behold I am as the new Wine which hath no vent and bursteth the new Vessels in funder therefore I will speak that I may have a vent I will open my Lips and make Answer I will regard no manner of Person no man will I spare for if I should go about to please men I know not how soon my Maker will take me away my Text is vehement the which by Gods sufferance I mean to observe hoping therewith to offend none for that of very Justice none ought to be offended for seeking to do good and saying of the truth Amongst other M r Speaker Two things do great hurt in this place of the which I do mean to speak the one is a rumour which runneth about the House and this it is take heed what you do the Queens Majesty liketh not such a matter whosoever prefereth it she will be offended with him or the contrary her Majesty liketh of such a matter whosoever speaketh against it she will be much offended with him The other sometimes a Message is brought into the House either of Commanding or Inhibiting very injurious to the freedom of Speech and Consultation I would to God M r Speaker that these two were Buried in Hell I mean rumours and Messages for wicked undoubtedly they are the reason is the Devil was the first Author of them from whom proceedeth nothing but wickedness now I will set down reasons to prove them wicked First If we be in hand with any thing for the advancement of Gods Glory were it not wicked to say the Queen liketh not of it or Commanded that we shall not deal in it greatly were these Speeches to her Majesties dishonour and an hard opinion were it M r Speaker that these things should enter into her Majesties thought much more wicked and unnatural were it that her Majesty should like or Command any thing against God or hurtful to her self and the State The Lord grant this thing may be far from her Majesties Heart Here this may be objected that if the Queens Majesty should have intelligence of any thing perillous or beneficial to her Majesties Person or the State would you not have her Majesty give knowledge thereof in this House whereby her peril may be prevented and her benefit provided for God forbid then were her Majesty in worse case than any of her Subjects And in the beginning of our Speech I shewed it to be a special Cause of our Assembly but my intent is that nothing should be done to Gods dishonour to her Majesties peril or the peril of the State And therefore I will shew the inconveniences that grow of these two First If we follow not the Princes mind Solomon saith the Kings displeasure is a Messenger of Death This is a terrible thing to weak nature for who is able to abide the fierce Countenance of his Prince but if we will discharge our Consciences and be true to God and Prince and
last Session shut out of Doors but what fell out of it forsooth his great indignation was therefore poured upon this House for he did put into the Queens Majesties Heart to refuse good and wholsome Laws for her own Preservation the which caused many faithful hearts for grief to burst out with sorrowful tears and moved all Papists Traytors to God and her Majesty who envy good Christian Government in their Sleeves to laugh all the whole Parliament House to scorn and shall I pass over this weighty matter so slightly Nay I will discharge my Conscience and Duties to God my Prince and Country So certain it is M r Speaker that none is without fault no not our Noble Queen sith then her Majesty hath committed great fault yea dangerous faults to her self Love even perfect love void of Dissimulation will not suffer me to hide them to her Majesties peril but to utter them to her Majesties Safety and these they are it is a dangerous thing in a Prince unkindly to abuse his or her Nobility and People and it is a dangerous thing in a Prince to oppose or bend her self against her Nobility and People yea against most loving and faithful Nobility and People And how could any Prince more unkindly intreat abuse oppose her self against her Nobility and People than her Majesty did the last Parliament did she not call it of purpose to prevent Traiterous perils to her Person and for no other Cause did not her Majesty send unto us two Bills willing us to make choice of that we liked best for her safety and thereof to make a Law promising her Majesties Royal Consent thereunto And did we not first chuse the one and her Majesty refused it yielding no reason nay yielding great reasons why she ought to have yielded to it Yet did we nevertheless receive the other and agreeing to make a Law thereof did not her Majesty in the end refuse all our Travels And did not we her Majesties faithful Nobility and Subjects plainly and openly decy pher our selves unto her Majesty and our hateful Enemies and hath not her Majesty left us all to the open revenge Is this a just recompence in our Christian Queen for our faithful dealings The Heathen do requite good for good then how much more is it to be expected in a Christian Prince And will not this her Majesties handling think you M r Speaker make cold dealing in any of her Majesties Subjects toward her again I fear it will And hath it not caused many already think you M r Speaker to seek a Salve for the Head that they have broken I fear it hath and many more will do the like if it be not prevented in time And hath it not marvellously rejoiced and encouraged the hollow hearts of her Majesties hateful Enemies and Traiterous Subjects no doubt but it hath And I beseech God that her Majesty may do all things that may grieve the hearts of her Enemies and may joy the hearts that unfeignedly love her Majesty And I beseech the same God to endue her Majesty with his Wisdom whereby she may discern faithful advice from traiterous sugared Speeches and to send her Majesty a melting yielding heart unto sound Counsel that Will may not stand for a Reason and then her Majesty will stand when her Enemies are fallen for no Estate can stand where the Prince will not be governed by advice And I doubt not but that some of her Majesties Counsel have dealt plainly and faithfully with her Majesty herein if any have let it be a sure token to her Majesty to know them for approved Subjects and whatsoever they be that did perswade her Majesty so unkindly to intreat abuse and to oppose her self against her Nobility and People or commend her Majesty for so doing let it be a sure token to her Majesty to know them for sure Traytors and Underminers of her Majesties Life and remove them out of her Majesties presence and favour for the more cunning they are the more dangerous are they unto her Majesty But was this all No for God would not vouchsafe that his Holy Spirit should all that Session descend upon our Bishops so that that Session nothing was done to the advancement of his Glory I have heard of old Parliament men that the Banishment of the Pope and Popery and the restoring of true Religion had their beginning from this House and not from the Bishops and I have heard that few Laws for Religion had their Foundation from them and I do surely think before God I speak it that the Bishops were the Cause of that doleful Message and I will shew you what moveth me so to think I was amongst others the last Parliament sent unto the Bishop of Canterbury for the Articles of Religion that then passed this House he asked us why we did put out of the Book the Articles for the Homilies Consecrating of Bishops and such like Surely Sir said I because we were so occupied in other matters that we had no time to examine them how they agreed with the word of God what said he surely you mistook the matter you will refer your selves wholly to us therein No by the Faith I bear to God said I we will pass nothing before we understand what it is for that were but to make you Popes make you Popes who list said I for we will make you none And sure M r Speaker the Speech seemed to me to be a Pope-like Speech and I fear lest our Bishops do attribute this of the Popes Canons unto themselves Papa non potest errare for surely if they did not they would reform things amiss and not to spurn against Gods People for writing therein as they do but I can tell them News they do but kick against the prick for undoubtedly they both have and do err and God will reveal his truth maugre the hearts of them and all his Enemie for great is the truth and it will prevail and to say the truth it is an Error to think that Gods Spirit is tied only to them for the Heavenly Spirit saith first seek the Kingdom of God and the Righteousness thereof and all these things meaning temporal shall be given you these words were not spoken to the Bishops only but to all and the Writ M r Speaker that we are called up by is chiefly to deal in Gods Cause so that our Commission both from God and our Prince is to deal in Gods Causes therefore the accepting of such Messages and taking them in good part do highly offend God and is the acceptation of the breach of the Liberties of this Honourable Councel for is it not all one thing to say Sirs you shall deal in such matters only as to say you shall not deal in such matters and so as good to have Fools and Flatterers in the House as men of Wisdom grave Judgment faithful Hearts and sincere Consciences for they being taught what they shall do can give
you here but heard it as well as I. I beseech your Honours discharge your Consciences herein as I do Commit We heard it we confess and you have satisfied us in this but how say you to the hard interpretation you made of the Message that was sent into the House The words were recited I assure you I never heard an harder interpretation of a Message Went. I beseech your Honours First was there not such a Message sent unto the House Commit We grant that there was Went. Then I trust you will bear me Record that I made it not and I answer you that so hard a Message could not have too hard an interpretation made by the wisest man in England For can there by any possible means be sent a harder Message to a Councel gathered together to serve God than to say you shall not seek to advance the glory of God I am of this opinion that there cannot be a more wicked Message than it was Commit You may not speak against Messages for none sendeth them but the Queens Majesty Went. If the Message be against the Glory of God against the Princes Safety or against the Liberty of this Parliament House whereby the State is maintained I neither may nor will hold my Peace I cannot in so doing discharge my Conscience whosoever doth send it And I say that I heartily repent me for that I have hitherto held my Peace in these Causes and I do promise you all if God forsake me not that I will never during Life hold my Tongue if any Message is sent wherein God is dishonoured the Prince perilled or the Liberties of the Parliament impeached and every one of you here present ought to repent you of these faults and to amend them Commit It is no new Precedent to have the Prince to send Messages Then were two or three Messages recited sent by two or three Princes Went. Sirs said I you do very evil to alledge Precedents in this Order You ought to alledge good Precedents to comfort and embolden men in good doing and evil Precedents to discourage and terrisie men to do evil Commit But what meant you to make so hard interpretation of Messages Went. Surely I marvel what you mean by asking this Question Have I not said so hard a Message could not have too hard an interpretation and have I not set down the reason that moved me in my Speech that is to say that for the receiving and accepting that Message God has poured so great indignation upon us that he put into the Queens Majesties heart to refuse good and wholsome Laws for her own preservation which caused many loving and faithful hearts for grief to burst out with sorrowful tears and moved all Papists Traytors to God to her Majesty and to every good Christian Government in their Sleeves to laugh the whole Parliament House to scorn Have I not thus said and do not your Honours think it did so Commit Yes truly But how durst you say that the Queens Majesty had unkindly abused her self against the Nobility and People Went. I beseech your Honours tell me how far you can stretch these words of her unkindly abusing and opposing her self against her Majesties Nobility and People can you apply them any further than I have applied them that is to say in that her Majesty called the Parliament of purpose to prevent Trayterous perils to her Person and for no other Cause and in that her Majesty did send unto us two Bills willing us to take our choice of that we liked best for her Majesties Safety and thereof to make a Law promising her Royal Consent thereunto and did we not first chuse the one and her Majesty refused it yet did not we nevertheless receive the other and agreeing to make a Law thereof did not her Majesty in the end refuse all our Travels And did not the Lord Keeper in her Majesties Presence in the beginning of the Parliament shew this to be the occasion that we were called together And did not her Majesty in the end of the Parliament refuse all our Travels is not this known to all here present and to all the Parliament House also I beseech your Honours discharge your Consciences herein and utter your knowledge simply as I do for in truth herein her Majesty did abuse her Nobility and Subjects and did oppose her self against them by the way of advice Commit Surely we cannot deny it you say the truth Went. Then I beseech your Honours shew me if it were not a dangerous doing to her Majesty in these two respects First in weakning wounding and discouraging the hearts of her Majesties loving and faithful Subjects thereby to make them the less able or the more fearful and unwilling to serve her Majesty Another time on the other side was it not a raising up and encouraging the hearts of her Majesties hateful Enemies to adventure any desperate enterprize to her Majesties peril and danger Commit We cannot deny but that it was very dangerous to her Majesty in those respects Went. And is it not a loving part of a Subject to give her Majesty warning to avoid danger Commit It is so Went. Then why do your Honours ask how I dare tell a truth to give the Queens Majesty warning to avoid her danger I Answer you thus I do thank the Lord my God that I never found fear in my self to give the Queens Majesty warning to avoid her danger be you all afraid thereof if you will for I praise God I am not and I hope never to live to see that day and yet I will assure your Honours that twenty times and more when I walked in my Grounds revolving this Speech to prepare against this day my own fearful conceit did say unto me that this Speech would carry me to the place whither I shall now go and fear would have moved me to have put it out then I weighed whether in good Conscience and the duty of a faithful Subject I might keep my self out of Prison and not to warn my Prince from walking in a dangerous course my Conscience said unto me that I could not be a faithful Subject if I did more respect to avoid my own danger than my Princes danger herewith all I was made bold and went forward as your Honours heard yet when I uttered those words in the House that there was none without fault no not our Noble Queen I paused and beheld all your Countenances and saw plainly that those words did amaze you all Then I was afraid with you for Company and fear bad me to put out those words that followed for your Countenances did assure me that not one of you would stay me of my Journey yet the consideration of a good Conscience and of a faithful Subject did make me bold to utter it in such sort as your Honours heard with this heart and mind I spake it and I praise God for it and if it were to do again I
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
sice from those troubles that our Neighbours have felt so as this now seemeth to be our present State a blessed peaceable and happy time for the which we are most bound to God and to pray unto him for the continuance thereof But yet notwithstanding seeing our Enemies sleep not it behoveth us not to be careless as though all were past but rather to think that there is but a piece of the storm over and that the greater part of the Tempest remaineth behind and is like to fall upon us by the malice of the Pope the most Capital Enemy of the Queen and this State the determinations of the Council of Trent and the Combination of the Pope with other Monarchies and Princes devoted unto Rome assuring our selves that if their Powers be answerable to their Wills this Realm shall find at their hands all the Miseries and Extremities that they can bring upon it And though by the late good Success which God hath given in Ireland these lewd and malitious Enterprizes seem for a time to be as it were at a stand yet let us be assured that neither their attempts upon Ireland neither the mischiefs intended against England will cease thus but if they find us negligent they will be ready with greater Forces than have been yet seen The certain determination which the Pope and his Combined Friends have to root out the Religion of the Gospel in all places and to begin here as their greatest impediment is cause sufficient to make us the more vigilant and to have a wary eye to their doings and proceedings how smoothly soever they speak or dissemble their Friendships for the time for let us think surely that they have jointed hands together against us and if they can they will procure the Sparks of the Flames that have been so terrible in other Countries to fly over into England and to kindle as great a Fire here And as the Pope by open Hostility as you see hath shewed himself against her Majesty so the better to Answer in time the purposes that he hath set down in the mean season till they may come to ripeness he hath and doth by secret practices within this Realm leave nothing unproved emboldening many undutiful Subjects to stand fast in their disobedience to her Majesty and her Laws For albeit the pure Religion of the Gospel hath had a free course and hath been freely Preached now many years within this Realm by the Protection of her Majesties most Christian Government yet such have been the practices of the Pope and his secret Ministers as the obstinate and stiff-necked Papist is so far from being reformed as he hath gotten Stomach to go backward and to shew his disobedience not only in arrogant words but also in contemptuous Deeds To confirm them herein and to increase their number you see how the Pope hath and doth comfort their hollow hearts with Absolutions Dispensations Reconciliations and such other things of Rome You see how lately he hath sent hither a sort of Hypocrites naming themselves Jesuits a rabble of Vagrant Friers newly sprung up and running through the World to trouble the Church of God whose principal Errand is by creeping into the Houses of men of behaviour and reputation not only to corrupt the Realm with false Doctrine but also under that pretence to stir up Sedition to the peril of her Majesty and her good Subjects How these practices of the Pope have wrought in the disobedient Subjects of this Land is both evident and lamentable to consider For such impression hath the estimation of the Pope's Authority made in them as not only those which from the beginning have refused to obey but many yea very many of those which divers years together did yield and conform themselves in their open Actions sithence the Decrees of that unholy Council of Trent and sithence the publishing and denouncing of that blasphemous Bull against her Majesty and sithence those secret Absolutions and Reconciliations and the swarming hither of a number of Popish Priests and Monkish Jesuits have and do utterly refuse to be of our Church or to resort unto our Preaching and Prayers The sequel whereof must needs prove dangerous to the whole State of the Common-Wealth By this you see what cause we have justly to doubt great mischief threatned to this Realm and therewith you may easily see also how for the preventing and withstanding of the same it behoveth her Majesty not only to provide in time sufficient Laws for the continuing of this peaceable Government but also to be ready with Forces to repress all attempts that may be enterprized either by Enemies abroad or by evil Subjects at home What difference there is between the Popes persecuting Church and this mild Church of the Gospel hath been seen in all Ages and especially in the late Government compared with the merciful time of her Majesties Reign the continuance of which Clemency is also to be wished so far as may stand with Gods Honour and the Safety of the Realm but when by long proof we find that this favourable and gentle manner of dealing with the Disobeyers and Contemners of Religion to win them by fair means if it were possible hath done no good but hath bred in them a more arrogant and contemptuous Spirit so as they have not only presumed to disobey the Laws and Orders of the Realm but also to accept from Rome secret Absolutions Reconciliations and such like and that by the hands of lewd Runnagates Priests and Jesuits harbouring and entertaining them even in their Houses thereby showing an Obedience to the Pope by their direction also nourishing and training up their Children and Kinsfolks not only at home but also abroad in the Seminaries of Popery now I say it is time for us to look more narrowly and strictly to them lest as they be corrupt so they prove dangerous Members to many born within the entrals of our Common-Wealth And seeing that the Lenity of the time and the mildness of the Laws heretofore made are no small cause of their arrogant disobedience it is necessary that we make a provision of Laws more strict and more severe to constrain them to yield their open Obedience at the least to her Majesty in causes of Religion and not to live as they list to the perillous Example of others and to the encouraging of their own evil affected minds but if they will needs submit themselves to the Benediction of the Pope they may feel how little his Curses can hurt us and how little his Blessings can save them from that punishment which we are able to lay upon them letting them also find how dangerous it shall be for them to deal with the Pope or any thing of his or with those Romish Priests and Jesuits and therewith also how perillous it shall be for those seditious Runnagates to enter into the Land to draw away from her Majesty that Obedience which by the Laws of God and Man
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
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
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
for the Execution of the Statute of the thirteenth of the Queens Majesty for reformation of certain disorders in the Ministers of the Church was read the third time and after many Arguments passed upon the question On Tuesday the 23 th day of March Mr. Attorney of the Wards one of the Committees in the Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primer seisins brought in the same Bill again which had this day its first reading Mr. Morrice one of the Committees in the Bill for perfecting of Assurances brought in the same And also the Bill against Covenous and fraudulent Conveyances and also a new Bill The Amendments in the Bill touching the taking of Apprentices were twice read and Committeed to the former Committees and to Mr. Williams Mr. Hare Mr. Cromwell Mr. Wroth Mr. Cole and Mr. Prowze and the Bill was delivered to Mr. Wroth who with the rest was appointed to meetu pon Thursday next in the Afternoon in the Middle-Temple Hall M r Vice-Chamberlain one of the Committees in the Bill against defeating of Wardships Liveries and primer Scisins Shewed that the Committees have travailed and for some things by them thought requisite to be amended do think if this House shall so like That some of the same Committees may pray Conference with the Lords therein Whereupon it was agreed that the said former Committees or some convenient number of them may so do And then Four Bills of no great Moment were sent up to the Lords by M r Vice-Chamberlain and others of which the last was the Bill for the Paving of the Town of New-Windsor in the County of Berks. Three Bills of no great moment had each of them one reading of which the first being the Bill for incorporation of the Hospital of Christ in the Town of Sherborn neer Durham was read the third time and passed upon the Question The Amendments in the Bill for disarming of Recusants were twice read and the Bill Ordered to be ingrossed Upon further Arguments and Motions had touching the proceeding in the Bill for the Inning of Erith and Plumstead Marsh it was agreed that M r Smith M r Baptist M r Youngue and Roger James be warned by the Serjeant of this House to be here to morrow Morning that upon some Conference to be had with them by this House the said Bill may the better proceed to the passing On Wednesday the Twenty fourth day of March Four Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of the Debts of Philip Bassett Esquire was upon the second reading Committed unto M r Vice-Chamberlain M r Chancellor Sir Richard Knghtley M r Digby and others and the Bill was delivered to M r Vice-Chamberlain all these to meet to morrow in the Afternoon in the Exchequer Chamber And the second being the Bill for suppressing of Pirates and Piracy was upon the second reading Committed unto M r Treasurer Sir Drew Drewrie Sir Nicholas Woodruff M r Richard Brown M r Docter Fletcher and others who were appointed to meet on Saturday next in the Afternoon in the Exchequer Chamber The Amendments and Additions in the Bill for reformation of Errors in Fines and Common recoveries in the twelve Shires of Wales and Counties Palatine were read Three times and passed accordingly M r Serjeant Rodes and M r Doctor Barkely did bring from the Lords word that their Lordships do presently desire Conference with some of this House touching the Bill for Continuance of Statutes The Bill for the incorporation of the Hospital of Christ in the Town of Sherborn near Durham with two others of no great moment were sent up to the Lords by M r Treasurer and others who were also appointed to attend the Lords in the Conference touching the Bill for continuance of Statutes according to their Lordships requests M r Vice-Chancellor of the Exchequer one of the Committees in the Bill against frauds used in defeating of Wardships Liveries and primer Seisins shewed that they have met and travailed in the same Bill and have thought good to make a new Bill but yet nevertheless not meaning to impeach the old Bill coming from the Lords and that the said new Bill he said he thought was not so sufficiently considered of by the said Committees but that it requireth further consideration amongst them praying notwithstanding a present reading of the said Bill Which was thereupon so read accordingly M r Grafton one of the Committees in the Bill for preservation of Woods near Crambrook in Kent brought in the Bill again Two Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of Tythes was read the Third time and after many long Arguments dashed upon the Question M r Chancellor of the Exchequer returning from the Lords shewed that this morning as he came to this House he found M r Baptist M r Customer Smith and the Sollicitor of Jacob Seal who were all of them agreed to such Conditions of recompence and consideration to be had towards the said Jacob as that the Bill may with their liking be read to the passing whereupon the Amendments ..... same ..... But that which should here follow is through the negligence of the Clerk wholly omitted yet it may seem as may be Collected out of a former passage of this business on Tuesday the 23 d day of this instant March foregoing that this Bill here mentioned by Sir Walter Mildmay Chancellor of the Exchequer was the Bill touching the Inning of Erith and Plumstead Marsh and that the Amendments of the same Bill which had been formerly thrice read on Saturday the 20 th day of this instant March did at this time pass the House M r Treasurer and the residue returning from the Lords M r Treasurer shewed that the cause for which their Lordships desired conference was that in respect of the great experienced benefit grown to increase of the Navy and Mariners of this Realm by the late Law for eating of Fish upon Wednesdays their Lordships wished a Provision to be made for the eating of Fish and no flesh at all hereafter upon the Wednesday in all places of this Realm Twenty five miles distant from the Sea and also in the Cities of London York and Bristol and in all places of this Realm within five miles of the said Cities Whereunto he said as he and the residue could say nothing because they knew not the pleasure of this House therein so he said he thought their Lordships Additions in the Bill passed this House unto the Lords for the good Government of the City of Westminster did seek too much to abridge the Dean of Westminster being the Lord of the said Borough in his Liberty and Jurisdiction of his own House and Servants and of the Prebendaries and other Churchmen and their Servants being all under his own peculiar government And
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
this House the summary cause of her Majesties calling and assembling of this great Council at this time which was he said not to make any more Laws as being many more already than well executed nor yet for any Subsidy albeit if need so required the same were convenient enough to be done but said he to consult for such matters as the like were never erst heard of nor any Parliament called for in former time that can be found or read of And so very excellently plainly and effectually made relation of the horrible and wicked practices and attempts caused and procured by the Queen of Scots so called meerly tending to the ruine and overthrow of the true and sincere Religion established in this Realm the Invasion of Foreign Forces into this Realm Rebellion and Civil Wars and dissension within this Realm yea and withal which his heart quaked and trembled to utter and think on the death and destruction of the most Sacred Person of our most Gracious Soveraign Lady the Queens Majesty to the utter desolation and conquest of this most Noble Realm of England And so discoursing of the matter and great execrable Treacheries and Conspiracies of the said Queen of Scots even from the first to the last in particularities very amply and effectually such of them at the least as have been hitherto discovered shewing also very manifestly and evidently the proofs and all other circumstances of the same Treachery and Conspiracies and so thinketh good for his part that speedy Consultation he had by this House for the cutting of her off by course of Justice for that otherwise our said Soveraign Lady the Queens Majesties most Royal Person cannot be continued with safety concludeth with this Sentence Ne pereat Israel pereat Absolon Which done M r Chancellor of the Exchequer M r Chancellor of the Dutchy and M r Secretary Woolley using each of them severally very effectual Speeches at large touching the said horrible Treasons and Conspiracies caused and procured by the said Queen of Scots the House did then rise the time being far spent with reservation nevertheless by M r Speaker remembred for further Speech therein to be had by others of this House to morrow again and a saving also till some other more convenient time for such of this House as shall please to speak to the said Bill of Inrollments upon the said second reading of the same accordingly Vide 7 th November Monday On Friday the 4 th day of November M r Recorder of London having made Declaration unto this House that divers of the Members of the same do find themselves grieved for that their Servants attending upon them are daily arrested contrary to the ancient Liberties and Priviledges of this House and having further moved also that a like Committee of this House may at this time be appointed as had been the last Parliament for the examining and reporting Cases of Priviledge It was resolved and agreed by the House that the same shall be exercised and done accordingly And for the performance thereof the said M r Recorder Sir Henry Gate M r Robert Wroth and M r William Fleetwood were appointed by the Authority of the House Upon the Motion of M r Speaker putting the House in remembrance of continuing and further prosecuting of the great Cause they dealt in yesterday divers Speeches were made to that effect by Sir James Croft Comptroller of her Majesties Houshold Sir Francis Knowles Treasurer of the same Sir William Herbert Sir Thomas Scot M r Francis Bacon M r Alford M r Throgmorton M r Barker M r Dalton M r Biynbrigg and M r Sollicitor by all which it was concluded That considering the late horrible Treasons and Practices conspired against the Life of the Queens Majesty and also for the procuring of Foreign Invasion in respect of the Attempt and also for endeavouring to raise Rebellion within the Realm for and by Mary late Queen of Scots therefore of necessity present remedy and provision must be had for preventing the like attempts and practices hereafter which could never be unless the said Scottish Queen did presently suffer the due Execution of Justice according to her deserts And then upon the further Motion of the said M r Sollicitor for a Committee of this House to be had to confer of some convenient and fit course to be taken by Petition and Suit to her Majesty in that behalf with request also unto the Lords to joyn therein with this House to her Highness if it please them thereupon this Committee following was nominated and appointed in that behalf accordingly viz. all the Privy Council of the House Sir William Herbert Sir Thomas Scot Sir Henry Gate Sir William Moore Sir Thomas Manners Sir Thomas Fairfax Sir Robert Jermin Sir John Petre Sir Henry Cock Sir Henry Cobham Sir Henry Knyvet Sir John Higham Sir Thomas Stanhope M r Fortescue Master of the Wardrobe M r Randal M r Osborne M r George Moore M r Cromwell M r Beale M r Wroth M r Burlace M r George Carie M r Doctor Stanhopp M r Dale Master of Requests M r Francis Hastings M r Sollicitor M r Attorney of the Wards M r Serjeant Snagg M r Morrice M r Sandes M r Dalton M r Bacon M r Alford M r Barker M r Bainbrigge M r Throckmorton M r Corbett M r Palmes M r Pate M r Skinner M r Amersam M r Edward Lukenor M r Thynne and M r Hellyard Recorder of York who were all of them appointed by the House to meet in the Exchequer Chamber at two of the Clock this Afternoon On Saturday the 5 th day of November M r George Moore entring into some discourse touching the great Cause concludeth after sundry great and weighty reasons first shewed that only Popery is the chief and principal root of all the late horrible and wicked treacheries and practices and the Queen of Scots a principal branch issuing from the same root and the most perillous and full of poyson of all the other branches thereof for that the Papists in very deed for the most part not knowing the Person of the said Queen of Scots do wish the Establishing of her in the Crown of this Realm rather in respect of Popery which she would set up than for any affection they bear to her Person and so likewise for the most part all of them either wish or could easily bear the death of our Soveraign Lady the Queens Majesty though perhaps they would not shew themselves to be Actors or Dealers therein He therefore moveth that it may be joyned in the Petition for the great Cause that her Majesty may be moved to retain no Servants about her Highnesses Person but such only as may be well known both to profess the true and sincere Religion and also to be every way true and faithful Subjects And further that the Laws already in force against Papists may be put in due Execution Which Speeches being ended M r Speaker shewed that the
said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Cause by any member of the House M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London Whereupon M r Speaker put the House in remembrance of her Majesties pleasure before signified unto this house to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned yet because in the mean time of dealing in the said great Cause in Committee or otherwise there should be nothing to occupy the House withal it is thought good at such times to have some Bills read in the House reserving always due regard and place to the said great Cause And thereupon the said Bill was read accordingly The Bill touching the Curriers was read the first time The Bill also for limitation of time touching Writs of Error growing by fraud had its first reading M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County out of Cities Market Towns and Corporate Towns Whereupon the said Bill was then read accordingly The Bill touching Clothiers in the County of Devon had its first reading Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler and John Turner of the same Butcher being both of them in the Serjeants Custody for presuming to come into this House sitting the House and being no Members of the same it is upon opinion that they did it of ignorance and meer simplicity and not of any pretended purpose and also upon their humble submission of themselves unto this House and like humble request and Petition of Pardon for the same Agreed by this House that they shall be discharged and set at Liberty taking first the Oath of Supremacy openly in this House which they so then did and afterward departed On Munday the 7 th day of November The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto any of the said Justices are parties was read the first time Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth and prayeth that the same Bill may be read which was so then read accordingly The Bill for relief of certain Orphans in the County of Monmouth had its first reading M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas and prayeth the same may be read which was thereupon so done accordingly The Bill touching Clothes made to be transported over the Seas had its first reading Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex and prayeth the reading thereof which in no wise he would have moved if the House should have been any ways occupied in the great Cause the speedy course and proceeding whereof he most earnestly desireth and prayeth The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time M r Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them and that then also they did appoint another Meeting therein to be this Afternoon and shewed withal That some of the Committees of this House being of the Privy Council do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves nor in any other matter besides until they shall have first heard therein from this House for Conference to be prayed with them by this House and therefore moved That now whilst their Lordships do yet sit the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference and to know their Lordships pleasure for the time and place of Meeting Whereupon for that purpose it was ordered That all the Privy Council being of this House Sir Henry Gate M r Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House who did so accordingly It should seem that in the mean time after the going up of M r Treasurer and the rest and before their return from the Lords these matters following were handled viz. The Bill touching Orford-Haven was read the second time and thereupon committed unto Sir Robert Jermin Sir John Higham Sir Henry Cobham M r Cromwell M r Layer and all others that were Committees in the same Cause the last Parliament to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock After sundry Speeches to the Bill touching Inrollments upon the second reading thereof and being then reserved to convenient time and this present time falling out to be convenient for that purpose it is upon the question both for the committing and ingrossing quite dashed and rejected The Bill touching Curriers had its second reading M r Treasurer and the residue of the Committees being returned from the Lords as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause which their Lordships did very well like of and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships as their Lordships for that purpose do appoint which he saith he thinketh to be twenty or thereabouts And so thereupon were the Names of the said Committees of this House read and they required to give their Attendances therein at the said time and place accordingly On Tuesday the 8 th day of November M r Doctor Turner shewed unto this House That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots unless some good means withal be had for the rooting out of Papistry either by making of some good new Laws for that purpose or else by the good and due Execution of the Laws already in force which as he greatly wisheth and referreth to the grave consideration of this House so concluding in his own Conscience that no Papist can be a good Subject he did offer a Bill to this House containing as he thinketh some convenient form of matter tending to the effect of his Motion and prayeth the same may be read Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees
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
of Proclamations appointed on Wednesday the 12 th day of this instant February foregoing upon Fines at the Common Law sheweth that they have met and conferred upon the said Bill and having in some parts amended the same offer another Bill containing the same Amendments Mr. Vice-Chamberlain one of the Committees in the Cause between Mr. Puleston and Mr. Aylmer sheweth that he and others of the Committees have had Conference together and heard both Parties and the Councel also of the said Mr. Aylmer at large and so reciting amongst many of the circumstances delivered unto them touching the said matter some of the causes moving the said Mr. Aylmer to cause the said Mr. Puleston to be served with a Subpoena to appear in the Star-Chamber doth in the end shew that he and the residue of the said Committees were of opinion that the said Mr. Aylmer had committed a contempt unto this House in prejudice of the Liberties and Priviledges of the same House which as for his part he wished should not escape unpunished in some sort so giving very good commendations of the said M r Aylmer for his humble and dutiful behaviour before the said Committees in the whole course of his dealing with them in the said cause and shewing withal that he had to his great charge attended now a long time upon the said Committees for their report to this House in the said matter and had withal ignorantly and yet not without the privity and advice of some learned in the Laws proceeded to the causing of the serving of the said Subpoena as he was informed without offence to this House or Liberties of the same he might acknowledging his fault and upon his humble submission to be made to this House and craving pardon for his said contempt be set at liberty and discharged paying the Serjeants Fees of this House And afterwards upon sundry other Speeches and Arguments the whole House agreeing and resolving directly that the said M r Aylmer had committed the said contempt and some also moving to inflict some other further punishment upon him over and besides such his submission to be so made that he might not only bear the Charges of the said Mr. Puleston sustained touching the said matter of contempt but also surcease any further proceeding at all against the said M r Puleston by reason of serving the said Subpoena but should if he would take out another Subpoena after this Session of Parliament ended against the said Mr. Puleston the next Term and some others again being of a contrary opinion moved that the said M r Aylmer should neither pay the said Mr. Puleston his Charges nor yet surcease his proceeding against him upon the said Subpoena already served because the said Mr. Puleston had already voluntarily without the privity of this House and also since the time of his grief and complaint unto this House exhibited put in his Answer to the Bill in the said Court of Star-Chamber against him and the said Answer also being offered forth unto this House and read by the Clerk it appeared manifestly that the said Mr. Puleston had voluntarily put in his said Answer to the said Bill and so was at Issue in that he pleaded to the said Bill Not guilty It was upon the question resolved and Ordered by this House that M r Aylmer should not only be at his liberty to proceed in his said Suit without offence to this House but should also upon his humble submission to be made to this House be discharged of his said contempt paying his Fees to the Serjeant of this House And then it was thought good the said M r Aylmer might be called in and heard what he could say for himself in the matter and the said M r Puleston being sequestred he was brought presently to the Bar and charged by M r Speaker with the said contempt who humbly shewed that if it were a contempt it was done by him simply and ignorantly and no way arrogantly and without all peril of contempt to this House as his Councel had informed him and therefore humbly submitting himself craved their pardon and thereupon being sequestred the House again it was after sundry other Speeches upon another question resolved that the said M r Aylmer should likewise upon his said humble submission be discharged of his said contempt paying only the Serjeants Fees Which done the said M r Aylmer was brought in again by the Serjeant and M r Speaker pronouncing unto him the said Judgment of this House both for his Licence to prosecute his said Suit in the Star-Chamber and also for his liberty and discharge of the said contempt the said M r Aylmer yielding unto this honourable House his most humble thanks departed and went his way Vide concerning this business upon Wednesday the 12 th day and on Monday the 17 th day of this instant February foregoing M r Vice Chamberlain shewed that he and others the Committees in the Bill concerning Purveyors have met and also have had Conference together with some of her Majesties Officers of the Green-Cloth and according to the Commission of this House And surther that they have in some parts amended the said Bill and also added a Proviso thereunto such as they think fit both for her Majesties Service and also for the better passage of the Bill and relief of the Subject And prayeth the same Amendments and Proviso may be read Which said Amendments and Proviso were thereupon twice read accordingly Which done there followed sundry Speeches upon the same Amendments and Proviso And so for that time it was left at large without any further course or question to ingrossing or any thing else the time being far spent and the House ready to rise The Bill touching Quo titulo ingressus est was delivered to Sir Edward Hobby one of the Committees in the same The Bill concerning common Inns and Victualling-Houses was delivered to Mr. Prat one of the Committees in the same Bill And the Bill touching multiplicity of Suits and the excessive number of Attorneys was delivered to Mr. Heydon one of the Committees in the same Bill On Thursday the 20 th day of February Three Bills of no great moment had each of them one reading of which the last being the Bill for relief of Thomas Haselrigg Esquire was upon the second reading committed unto Sir Richard Knightley Sir Henry Knyvet Mr. Recorder of London and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber The Committee in the Bill touching Informers and Informations is deferred unto Saturday next at two of the Clock in the Afternoon at the former place of meeting Mr. Vice-Chamberlain one of the Committees in the Bill touching Informers and Informations upon penal Statutes sheweth that he and such other of the Committees as were met together yesterday in the Afternoon had conferred together upon the same Bill and then had amended it in some parts
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
She did find in her Navy all Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subject's but a petty King's wealth As for her own private Expences they have been little in building she hath consumed little or nothing in her pleasures As for her Apparel it is Royal and Princely beseeming her Calling but not sumptuous nor excessive The Charges of her House small yea never less in any Kings time And shortly by Gods grace she will free her Subjects from that trouble which hath come by the means of Purveyors Wherefore she trusteth that every good subject will assist her Majesty with his Purse seeing it concerns his own good and the preservation of his estate For before that any of us would lose the least member of his body we would bestow a great deal and stick for no Cost nor Charges How much more ought we in this political Body whereof not only a member but the whole is in jeopardy if we do not once hast to the preservation thereof And for these Subsidies which are granted now adays to her Majesty they are less by half than they were in King Henry the 8th's time Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies yet she had truly repaid and answered every one fully He desired the matter might be put to a Committee Sir Edward Stafford spake next to the like effect but what his said Speech was is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present M r Francis Bacon spake last whose Speech was to the effect following viz. M r Speaker That which these Honourable Personages have spoken of their Experiences May it please you to give me leave likewise to deliver of my common knowledge The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys The one being the Sinews of Peace the other of War To the one I am not privy but the other I should know I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly nor at one Parliament nor scarce a whole year would suffice to purge the Statute-Book and lessen the Volume of Laws being so many in number that neither Common People can practise them nor the Lawyer sufficiently understand them Than the which nothing should tend more to the praise of her Majesty The Romans appointed ten men who were to correct and recal all former Laws and to set forth those Twelve Tables so much of all men to be commended The Athenians likewise appointed six for that purpose And Lewes the 9 th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches out of which they are all taken yet it should seem that the main end and scope of the ensuing particulars of this Speech which are omitted were for the appointing of a select and grave Committee both to consider of the dangers of the Realm and of speedy supply and aid to be given to her Majesty And thereupon after the Conclusion of this Speech of M r Francis Bacon's the House did accordingly nominate the said Committee to deliberate and consult in what proportion they might now to relieve her Majesty with Subsidies in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions The names of which said Committees are set down in the Original Journal-Book of the House of Commons though omitted in that other before-mentioned taken by the said Anonymus in manner and form following viz. All those of this House which are of her Majesties Privy-Council all the Members of this House which are returned Knights for the Counties Sir Walter Raleigh Sir Thomas Cecill M r George Moore Sir Henry Unton M r Wroth Sir Thomas Wilkes M r Francis Bacon M r Nathanael Bacon M r George Cary M r Beale M r Fulk Grevill M r Attorney of the Wards M r Attorney of the Dutchy Sir John Paton M r Robert Sackvill Sir Francis Hastings all the Serjeants at Law which were Members of this House Sir John Hare M r Doctor Caesar M r Doctor James M r William Haward M r Sands Sir Robert Sidney M r Fanshaw Sir Thomas West Sir John Warrington Sir Thomas Read Sir Francis Drake M r Thomas Fane M r Vincent Skinner Sir William Moor M r Fuller M r Heyle M r John Hare M r Shinne M r Christopher Blount M r Edward Lewkenor Sir William Bowes Sir John Wingfield M r Tasborough Sir Edward Stà fford M r Lawrence Fanshaw M r Nicholas Saunders M r Doctor Lewen Sir Thomas Flodd Sir Francis Gudolphin Sir Francis Vere M r Edward Dyer M r Conisby M r Boyse M r Apselie and M r Emersam should be nominated and appointed to have Conference in the said Cause and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon On Tuesday the 27 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Woollen Cloaths called Vesses Rayes c. was read the first time M r Morrice Attorney of the Court of Wards moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition subscription and binding absolution contrary he said to the honour of God the Regality of her Majesty the Laws of this Realm and the liberty of the Subjects of the same compelling them upon their own Oaths to accuse themselves in their own private actions words and thoughts if they shall take such Oaths because they know not to what questions they shall answer till after the time they be sworn And also after such Examination proceed against them by deprivation degradation or suppression upon such their own Accusations of themselves And if they refuse to take such Oath then they commit them to Prison and there keep and detain them at their own pleasure not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities and offereth unto M r Speaker two Bills the one concerning the said Inquisitions subscriptions and offering of Oaths and the other concerning the Imprisonments upon their refusal to the said Oaths praying that the said latter Bill which concerneth the said Imprisonments might be read and the
Original Journal-Book of the House of Commons in which it is generally related that the rest of this Forenoon was spent in the agitation of this and such like business yet because neither any particular relation of the Speeches in this business of M r Fitzherbert or of those other aforesaid Passages handled in the said Committee touching Elections is there set down although all the said matter be of very great weight and consequence I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted and which is before very happily supplied out of the Original Journal-Book it self yet the rest or at least the greater part of his Relations before mentioned is set down and is here inserted out of the same with divers other Speeches used and uttered chiefly touching that Question All which some alterations only excepted for order and explanation sake are herein inserted out of the said Anonymous Journal in manner and form following viz. Serjeant Yelverton spake further also after he had finished the Relation of the Committees proceeding touching M r Fitzherberts Election concerning the priviledges of the House In which he declared the Case of the Burgess of Miscread in Cornwall after whose Election the Town refused to deliver up their Indenture to the Sheriff But the party Elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriffs the Sheriff having Indorsed it upon the Writ But this Indenture was never executed by the Sheriff and yet the Return was holden by the Committees as it should seem to be good Mr. Heile who had been another also of the Committees spake next and shewed the state of this and some other questions handled in that said Committee which were as followeth viz. John c. is returned in the Indenture by the name of Richard and whether this may not be amended by the House Mr. Audeley is returned Burgess for two Towns he having elected for which he will be a New Writ is to be directed to the other Town to chuse another Two Burgesses are returned for one Town One of the Burgesses being mistaken is willing to resign unto the other Whether by the assent of the Sheriff and party this is to be done The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman and the Indenture returned by the Sheriff is Richard Hutton Bailiff if this be good Thomas Fitzherbert of Staffordshire being Outlawed upon a Capias utlagatum after Judgment is Elected Burgess of this Parliament Two hours after his Election before the Indenture returned The Sheriff arrested him upon this Capias utlagatum The party is in Execution Now he sendeth this Supplication to this House to have a Writ from the same to be enlarged to have the Priviledge in this Case to be grantable He argued thus That he was not Electable because in the calling and in the electing of parties called there must be chosen Viri idonci But a man Outlawed is not idoneus therefore not Electable Considering this disability holds in all other Causes of Law therefore in this that is the greatest He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit There 't is said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament Then Sir Edward Hobby spake as followeth The party Outlawed is not out of his wits therefore capable and then is a man able to be chosen and idoneus to be a Burgess Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal as in this Cause Is this disability greater that a man Outlawed may not be a Burgess as well as an Attorney to a man or an Executor I think it will stand with the priviledge of this House to deliver him though he were Outlawed Mr. Lewes said that a man Outlawed cannot have priviledge being an Execution upon a Capias Quia frustra Legis auxilium implorat qui in Legem peccat Cardinal Pool would not come into the Parliament House till the Attainder against him was reversed Ignotus quidam Multa sunt quae fieri non debent quae tamen facta tenentur bona It had been a good exception against his Election to say he was Outlawed but 't is no disability to him being Elected Serjeant Yelverton said he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment The Book of 2 Edw. 4. 8. cited to be expresly so And that a Judge reported unto him that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute could not have priviledge of the House Whereupon Mr. Finch said he could not tell which to hold or which side to take The Book of 20 Hen. 7. doth prove that there were Elected such as were Attainted and that disability was taken against them The Writ to chuse a Burgess is not Legalem hominem but Idoneum Therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawry was only for Causes Criminal as for Treason or Felony but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law On the other side Utlagatus ne Villein cannot be a Champion which is as a Judge to decide then à fortiori he can be no Judge in this House Outlawry is as an Attainder therefore the party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parium sitorum The Outlawed man is not of the number of Parium so not to be a Judge Vide 8 Edw. 3. Utlagatus ne poiet estre Mr. Broughton held that a man Outlawed may be a Burgess For in no case is Outlawry disability where a man is en auter droit as to be Executor or Attorney it is no Exception to the party The Case in 38 Hen. 8 Dyer 62. was cited Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House And though the party be in Execution if not at the Queens suit he is to have the priviledge and yet the party not to lose his debt nor the Sheriff to be charged Vide postea April 5 th Thursday Nota That these Speeches are all transcribed out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal After which by occasion of a Message sent down from the Lords it should seem this business brake off abruptly at this time And therefore see more concerning it on Friday the 2 d day and on
day last immediately foregoing Mr. Tanfeild speaking next held that a person Outlawed might be a Burgess of the House Wherein he made a difference where exception to the Burgess grew upon matter before the Election and where after If the exception grew after then a Burgess Elected must not be one of the House If exception be taken to this Election and this Outlawry alledged to disable him the Statute of 23 Hen. 6. cap. 15. will disable most of this House for they ought not to be Burgesses now if this be not a good Election Thence it follows that the party Elected is to have his priviledge And though the Common Law doth disable the party yet the priviledge of the House being urged that prevaileth over the Law Then said Mr. Speaker I desire that I may be heard a word not that I have any Voice or assent to give though I am of the House but because I am a Servant to the House and have somewhat to speak It appertaineth to my duty and place which I desire to have leave to utter for my Speech shall not tend to meddle to decide the Question but only to inform the House of my knowledge and to do that duty which I think belongeth to my self The Questions delivered by the Committees were these two First Whether Mr. Fitzherbert were any Member of the House And secondly If he were whether to have the priviledge It hath been my manner ever since my first practice to observe strange learning especially such as appertaineth to the Law as in this of the priviledge of this House therefore I will inform what I have learned First this Writ of priviledge must go from the Body of this House made by me and I to send it into the Chancery and the Lord Keeper is to direct it Now before we make such a Writ let us know whether by Law we may make it or whether it will be good for the Cause or no. For my own part my hand shall not sign it unless my heart may assent unto it And though we make such a Writ if it be not warrantable by Law and the proceeding of this House the Lord Keeper will and must refuse it No man shall stand more for the priviledge of this House than I will and what is the priviledge of this House is meet should be observed To the matter first there hath been inforc't her Majesties Commandment I obey any Commandment of her Majesties knowing them to be Great and Reverend as far as any body But I do not take it that we have received any such Commandment for her Majesties Commandment by the Lord Steward was to every man that stood Outlawed We have no such Command Now whether a Man Outlawed may be a Burgess I hold it no question but that a Man Outlawed Attainted or Excommunicated or not lawfully Elected if he be returned out of all doubt is a lawful Burgess This is proved by Book Authority and express Statutes as that of 11 H. 4. Cap. 1. a. a Knight untryed returned shall lose his Wages therefore allowed by the Statute to be a Knight though untruly returned and the penalty is only to lose his Wages Another Authority is in 8 H. 8. Cap. 10. And if we go to examine persons Elected to Parliament we shall then dissolve all Parliaments and call in question all former Laws made by reason there were not lawful and able Law-Makers If it appeareth once unto us by Record that such a Man is Burgess we must believe the Record and make no question of it For if such matters shall be examinable by us then must we try it by witness from the place where the fact was and so shall those a great way hence be driven by witness to prove whether we be lawful Burgesses or no which will be very inconvenient But matters of Record such as appear unto us to be recorded these are to be examined by us for the Record is to be seen So that for priviledge I would grant it if it were Sedente Parliamento eundo redeundo or manendo to every Member of this House But the Cause with Mr. Fitzherbert being that after his Election and before his Return he is Arrested and in Execution by a Capias after Judgment whether this Man be to be priviledged or no. I will but speak what I think and what I have learned and I have good precedents for In this Cause he is not to have priviledge For the question is whether the Sheriff be to take notice of this Nomination or not before he is returned unto him Elected And I think not for it appeareth not unto the Sheriff before he is returned whether he be Elected or not So this Nomination is not a thing whereof he is tyed to take notice In Ferris and Tenures Case in 38 H. 8. fol. 60. You may see this Case Thomas Thorp 31 H. 6. was chosen Speaker of the Parliament and after his Election and before the Parliament upon a Suit betwixt the Duke of York and him Thorp was taken in Arrest and put in Execution Hereupon he put up his Petition to the House of Parliament to have the priviledge Upon the resolution of both Houses it was yielded he could not have the priviledge of the House This was also in H. 6. time and in 2 Ed. 4. fol. 8. I think the opinion there of Danby is referred to this Cause And because Mr. Fitzherbert stood Outlawed upon Judgment a matter that is recorded it were meet the whole cause were brought before us that we might the better judge upon it And I think this course best standing with the gravity of this House before that we made out any Writ to grant a Habeas Corpus cum causa returnable in Chancery and the Sheriff to appear the whole matter being transmitted out of the Chancery hither we to judge upon the whole Record as it shall appear And upon this Writ granted the Sheriff bringing up the party it shall be no escape in the Sheriff nor the party shall not lose his Action of Debt though he be delivered This Course was well liked and the Motion agreed unto by the greater part of the House Vide Mar. 1. antea Mar. 17. post Apr. 5. Thus far out of the before-mentioned Anonymous Journal touching the aforesaid Question how far an Outlawed Man might be a Member of the House The which and the further proceeding therein being by the Speaker interposing himself for this time reconciled and upon the matter agreed upon there followed the agitation of the great business touching the danger of the Realm and supply to be given to her Majesty which had been before treated of by two select Committees of either House as may fully appear by the Report of that which was done at the said Committee made this day unto the House by Sir Robert Cecill who had been one of them Which being very exactly set down in the Original Journal-Book it self of
men not guilty will be included in it And that Law is hard that taketh life and sendeth into banishment where mens intentions shall be judged by a Jury and they shall be Judges what another means But that Law that is against a Fact is but just and punish the fact as severeley as you will If two or three thousand Brownists meet at the Sea at whose charge shall they be transported or whither will you send them I am forry for it I am afraid there is near twenty thousand of them in England and when they be gone who shall maintain their Wives and Children M r Finch said There be great faults in the Preamble and in the Body of this Bill It pretendeth a punishment only to the Brownists and Sectaries but throughout the whole Bill not one thing that concerneth a Brownist and if we make a Law against Barrowists and Brownists let us set down a Note of them who they are But as the Bill is not to come to Church or to speak against the government established this is not the opinion of the Brownists The Law that is intituled An Explanation is nothing else save that it hath a name of it For Laws Explanatory are no New Laws of themselves but part of the old for there ought to be nothing in the declaratory Law that was not in the former as appeareth in the Cause of Surnand and Stowell the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7. This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors This Law excepts no Person So all are in the former penalties of that Law for 23 of Eliz. is only for such as are of the Romish Religion and now to make it include all the opinions is to make additions to that but no Explanations The Clause of speaking against the Law is very dangerous For who can be safe from this Non Hospes ab hospite tutus For if a man speak against Non-Residents Excommunication as it is used or any other abuse in the Church he incurs the danger of the Law The Clause against Conventicles is very dangerous For the Conference of any Persons together being of any number the Prayers of Holy Exercise being not allowable in any place by the Law is an assembling against the Laws for the words be very strict howsoever not contrary to the Law the offence is all one Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen but such as are intended in this Statute And the annexing of the words He must be an obstinate Recusant and also write and speak c. This is very suspicious for Obscuris vera is never good Whosoever repaireth not to his own Parish Church is a Recusant within this Law Vide Apr. 6. die Veneris sequent Thus far out of the aforesaid Anonymous Journal the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience the said Bill in the end was committed unto all the Privy Council Sir Walter Raleigh Sir Henry Unton Sir Francis Hastings Doctor Jo. James Doctor Lewen M r Doctor Caesar Sir William Moore M r Francis Bacon M r Serjeant Harris M r Wroth Sir Thomas Cecill M r Finch M r Skinner M r Mainard M r George Moore Sir Henry Cocke M r Fuller Mr. Robert Knowls Sir William Knowls Sir Edward Dymock Sir Edward Stafford Mr. Edward Lewkenor Mr. Henry Brett Mr. Periam Sir Thomas Dennies Sir Robert Sydney Mr. Wroth Sir William Bowes Mr. Atie Mr. Helcroft Sir Thomas West Sir Matthew Morgan M r Berkeley Mr. Sands Mr. Boucher Mr. John Payton Sir Richard Molineux Mr. Tasborough Mr. Horsey Mr. Attorney of the Dutchy Mr. Finch Mr. Fuller Mr. Amersam Sir George Cary and Sir George S t Poole and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon touching the Bill for the reviving continuance explanation and perfecting of certain Statutes lately passed this House and sent up to their Lordships and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred and the Message declared to the House by Mr. Speaker it was required by the House that forasmuch as the Bill last read was then and long before had been in dispute and Argument Answer thereof might be returned unto their Lordships that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships Which being so signified to the said M r Serjeant Owen and M r Attorney General accordingly shortly after M r Doctor Carey and M r Powle brought word from the Lords that their Lordships would be ready this Afternoon to confer with the Committees of this House in the Chamber next to the Upper House Which done it was Ordered that the former Committees of this House who had been nominated on Monday the 28 th day of March foregoing be appointed to attend their Lordships at the said time and place and a note of the Committees names were delivered to M r Treasurer On Thursday the 5 th day of April the Bill for true Assizing and marking of Timber was read the second time and committed unto M r George Moore M r Dalton M r Wroth M r Browne Sir John Hart and others and the Bill was delivered to the said Sir John Hart who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Serjeant Owen and M r Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth as well touching Grants made to his Majesty as for Confirmation of the Letters Patents made by his Highness to others and do pray from their Lordships the speedy Execution of the same M r Vice-Chamberlain one of the Committees with the Committees of the Lords in the Bill for reviving continuing explanation and perfecting of certain statutes sheweth the meeting and Conference with the Committees of the Lords and that their Lordships have thought good to add some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn as
Anno Dom. 1601. which was the last Parliament of her Majesties Reign a greater viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto whence it is plain that whatsoever is once granted by the Subject may often be raised but seldom falleth THE JOURNAL OF THE House of COMMONS A Journal of the House of Commons in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40 Reginae ejusdem THIS present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders Use and Priviledge of the House it self but containeth in it excellent matter touching the publick affairs of Church and State in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first and to search into the dangers of the latter And that this said Journal might be the more exact and copious in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House and out of a certain imperfect and fragmentary Journal of the House of Commons The ninth Parliament of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesties Reign Upon which day many of the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster being returned into the same Parliament for the same Shires Cities Boroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Household And did then and there in the Room commonly called the Court of Requests take the Oath of Supremacy seven or eight at a time being Enacted by and contained in the Statute de an 1 Reginae Eliz. Cap. 1. before the said Lord Steward and before Sir William Knolles Knight Comptroller of her Majesties Houshold Sir John Fortescue Chancellor of the Exchequer and Sir Robert Cecill Principal Secretary his Lordships Deputies And thereupon the said Knights Citizens Burgesses and Barons entring into their own House and expecting her Majesties further Pleasure her Highness then being in her Royal Seat in the Higher House of Parliament the said Commons were commanded to come before her Highness and being there Assembled the Right Honourable Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England delivered unto the said Commons the Causes of her Majesties Calling of this Parliament and so in the end willed them to repair again into the said House of Commons and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed and willed them to present him unto her Majesty upon the Thursday next following Which done the said Commons presently repaired unto their own House and there being Assembled and sitting some space of time very silent at last the Right Honourable Sir William Knolls one of her Highness most Honourable Privy Council and Comptroller of her Majesties Household stood up and spake to the effect following Necessity constraineth me to break off this silence and to give others cause for speech According to the usual Custom we are to chuse our Speaker and though I am least able and therefore unfit to speak in this place yet better I deem it to discover my own Imperfections than that her most sacred Majesties Commandment to me delivered should not be fulfilled or your Expectation of this first days work by all our silences to be in any sort frustrate First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper at which all of us or the most part of us at the least were present who very wisely shewed the Cause of calling this Honourable Assembly shewing unto us that it is partly for the reforming those Laws which be amiss partly quite to repeal others partly to augment those that be good and partly to Enact new Laws both for the Honour and profit of her Majesty and for the benefit of the Common-wealth And in conclusion wished us to depart from whence we came and there to chuse our Speaker who ought to be the Mouth of us all and to whom we might commit such weighty affairs as in this place should be debated amongst us For unfit it is if we have occasion to go unto the Sacred presence of her Majesty to go either confusedly without order or unorderly without Judgment Now because that knowledge doth rest in certainty I will with the more speed set afoot this motion deliver my opinion unto you who is most fit for this place being a member of this House and those good abilities which I know to be in him here he made a little pause and the House hawked and spat and after silence made he proceeded unto this place of dignity and calling in my opinion here he stayed a little M r Serjeant Yelverton looking upon him is the fittest man to be preferred after which words M r Yelverton blushed and put off his Hat and after sate bare-headed for I am assured that he is yea and I dare avow it I know him to be a man wise and learned secret and circumspect Religious and faithful no way disable but every way able to supply this place Wherefore in my Judgment I deem him though I will not say best worthy amongst us yet sufficient enough to supply this place and herein if any man think I err I wish him to deliver his mind as freely as I have done if not that we all join together in giving general consent and approbation to this motion So that the whole House cried I I I let him be And then Master Comptroller made a low reverence and sat down and after a little pause and silence M r Serjeant Yelverton rose up and after a very humble reverence made spake in effect thus much WHence your unexpected choice of me to be your Mouth or Speaker should proceed I am utterly ignorant If from my merits strange it were that so few deserts should purchase suddenly so great an Honour Nor from my ability doth this your choice proceed for well known it is to a great number in this place now assembled that my Estate is nothing correspondent for the maintenance of this dignity For my Father dying left me a younger Brother and nothing to me but my bare Annuity Then growing to mans estate and some small practice of the Law I took a Wise by whom I have had many Children the keeping of us all being a great impoverishing to my Estate and the daily living of us
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
which all said A good Motion M r Holcroft of Cheshire said May it please you M r Speaker the County day for Denbighshire is on Thursday next and therefore there had need be speed made otherwise there can be no Election this Parliament M r Speaker said Will it please you to name the six Committees so the House named Sir Edward Hobbie Serjeant Harris Sir Francis Hastings c. The Speaker likewise said Will it please you to name the four to go to the Lord Keeper so the House named Secretary Herbert Sir Edward Stanhop Sir Edward Stafford and M r Fulk Grevill Thus far out of the aforesaid private Journal The next dayes Passages do now follow in part out of the Original Journal-Book it self On Saturday the 14 th day of November M r Cotton a Member of this House moved for the receiving of two Bills which he then offered to the consideration of the House and were accepted accordingly but were not then read by reason of sundry occasions of lett and for that also M r Speaker had not perused them Three Bills also had each of them one reading of which the third being the Bill that Edward Markham may dispose of his Lands as other Tenants in Tail lawfully may do was read the second time and committed unto Sir Robert Wroth Sir Moyle Finch and others who were appointed to meet upon Friday next at two of the Clock in the Afternoon in the Court of Wards and the Parties whom it concerneth to bring their Evidences and Writings to the Committees One other Bill touching making of Cloathes was read primâ vice M r Johnson informed the House that sundry Members of this House have been served with Subpoena's viz. Edward Mountague Esq to appear in Chancery upon the 6 th day of this instant November ad respondend Will. Riddlesden upon Sir Michael Sandes to appear in the Kings-Bench ad testificand ' die Veneris prox ' post Crast ' Sancti Martin at the Suit of John Stow upon Goddard Pemberton to be in the Chancery vii o die Novembr ad Sect. Will. Wood. Whereupon the Serjeant was appointed to bring unto this House the persons that served or do prosecute the said Subpoena's to Answer in this House for their said Contempts Thus far out of the Original Journal-Book of the House of Commons the further dispute of this business and the residue of the Passages of this day are in the next place supplied out of the often before-recited private Journal of the said House The said M r Johnson after he had vouched the aforesaid precedent instances touching other Members of the House that had been served with several Subpoena's certified the said House further thus much that the Informer came to his Lodging this Morning as he was coming out of his Door and asked for him he told him he was the man Then said the Informer The Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him that I was of this House and could not attend He Answered me again there it is I care not look you to it at your peril M r David Waterhouse stood up and shewed that that Subpoena came out of his Office and further shewed the necessity of obeying of it for that a Cause for want of Witnesses might be lost therefore the hearing being appointed at a day certain the Client might peradventure be undone if he should not have this Subpoena ad testificandum in due time both served and appeared unto Sir Edward Hobbie alledged divers Precedents touching this point as 10 February 27 th Eliz. M r Kerle served one Roger Stepney with a Subpoena into the Star-Chamber and for this he was adjudged to the Serjeants keeping for six dayes and to pay five Marks Charges And 25 March 27 Eliz. M r Crooke served a Member of this House with a Subpoena into Chancery and for so doing was adjudged to give a Copy of the Bill twenty shillings for Charge and was Committed M r Wiseman said notwithstanding the Allegations and excuse of the Gentleman that spake in favour of the Subpoena ad testificandum I think it deserveth no less favour than the other For if the necessity of the Cause were such that he must needs be served and spared out of this House the party ought to ask leave of the House or at least of the Speaker or intreat him to relate the same to the House Sir George Moore said I think as the Gentleman that last spake for the like Subpoena being brought the last Parliament it grew to a question whether it were an impeachment to the Priviledge of the House And after some dispute an antient Member of this House shewed divers Precedents how that the minds of the Members of this House ought to be freed as well as their bodies Whereupon two Members were sent to require the Lord Keeper to reverse that Subpoena c. He also spake of a Quo Warranto for the Liberties of the Black-Fryars withheld but to what purpose ignoro Then it grew to a question whether a Burgess of a Parliament may be served with a Subpoena ad testificandum And it was concluded that he could not So after this dispute they agreed that the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena's aforesaid to Answer their contempts with all speed Sir Francis Hastings stood up and made a relation of the proceedings which he with the other Committees had made according to the Commandment of the House the day before He said We called before us the Clerk of the Crown the Clerk of the petty Bag and our Clerk of the Parliament The Clerk of the Crown shewed us sive Warrants and one Order all one Course and one form and all in the 27 Eliz. Three of the Warrants were directed to the Clerk of the Crown two without direction and he shewed us Writs without Warrant Then we called the Clerk of the petty Bag who would shew us no Warrant but only a Record of Writ in his Roll of 39 Eliz. only he said but we heard him not that Warrants had been granted to the Clerk of the petty Bag. The Clerk of the Parliament shewed unto us two Precedents of 5 Eliz. and of 13 Eliz. every one without direction but with these words or to the like effect as I take it It is required such and such a thing be done Sir Edward Hobbie said Because the truth hereof may be made more plain and that it pleased you to command my unworthy self to attend Yesterdays Service I will under favour of the Gentleman that last spake make a Repetition ab origine a little longer than he did for your satisfactions of this Cause and our pains It pleased you to depute six to this service five attended The Serjeant at Law Serjeant Harris of whose furtherance we best hoped deceived both your
that hath been told you and the cause hath not succeeded from any particular course thought upon but from private Informations of some particular persons I have been very Inquisitive of them and of the Cause why more importunity was now used than afore which I am afraid comes by being acquainted with some course of proceeding in this House There are no Patents now of force which shall not presently be revoked for what Patent soever is granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent if it be Malum in se but the Queen was ill apprized in her Grant But all to the generality be unacceptable I take it there is no Patent whereof the Execution hath not been injurious Would that they had never been granted I hope there shall never be more All the House said Amen In particular most of these Patents have been supported by Letters of Assistance from her Majesties Privy Council but whosoever looks upon them shall find that they carry no other stile than with relation to the Patent I dare assure you that from henceforth there shall be no more granted They shall all be revoked But to whom do they repair with these Letters to some out-house to some desolate Widow to some simple Cottage or poor ignorant People who rather than they would be troubled and undo themselves by coming up hither will give any thing in reason for these Caterpillars satisfaction The notice of this is now publick and you will perhaps judge this to be a Tale to serve the time But I would have all men to know thus much that it is no jesting with a Court of Parliament neither dares any man for my own part I dare not so mock and abuse all the States of this Kingdom in a matter of this consequence and importance I say therefore there shall be a Proclamation general throughout the Realm to notify her Majesties resolution in this behalf And because you may eat your meat more savourly than you have done every man shall have Salt as good cheap as he can either buy it or make it freely without danger of that Patent which shall be presently revoked The same benefit shall they have which have cold Stomachs both for Aquavitae and Aqua composita and the like And they that have weak Stomachs for their satisfaction shall have Vinegar and Alegar and the like set at liberty Train Oyl shall go the same way Oyl of Blubber shall march in equal rank Brushes and Bottles endure the like Judgment The Patent for Pouldavy if it be not called in it shall be Oade which as I take it is not restrained either by Law or Statute but only by Proclamation I mean from the former Sowing though for the saving thereof it might receive good disputation Yet for your satisfaction the Queens Pleasure is to revoke that Proclamation only she prayeth thus much that when she cometh on Progress to see you in your Countries she be not driven out of your Towns by suffering it to infect the Air too near them Those that desire to go sprucely in their Ruffs may at less charge than accustomed obtain their wish for the Patent for Starch which hath so much been prosecuted shall now be repealed There are other Patents which be considerable as the Patent of New Drapery which shall be suspended and left to the Law Irish Yarn a matter that I am sorry there is no cause of Complaint for the Salvageness of the People and the War hath frustrated the hope of the Patentee a Gentleman of good service and desert a good Subject to her Majesty and a good Member of the Common-Wealth M r Carmarthen Notwithstanding it shall be suspended and left to the Law The Patent for Calf-Skins and Fells which was made with a relation shall endure the censure of the Law But I must tell you there is no reason that all should be revoked for the Queen means not to be swept out of her Prerogative I say it shall be suspended if the Law do not Warrant it There is another Servant of her Majesties M r Onslow one of her Pensioners an honest Gentleman and a faithful Servant he hath the Patent for Steel which one M r Beale once had this too because of Complaints shall be suspended There is another that hath the Patent for Leather Sir Edward Dyer a Gentleman of good desert honest religious and wise this was granted unto him thirty years ago It crept not in by the new misgovernment of the time Yet this shall also be suspended The Patent for Cards shall be suspended and tryable by the Common Law The Patent for Glasses which though I do least apprehend to be prejudicial to the publick good yet it is lest to the Law There is another Patent for Saltpeter that hath been both accused and slandered It digs in every mans House it annoys the Inhabitant and generally troubleth the Subject For this I beseech you be contented Yet I know I am to blame to desire it it being condemned by you in foro Conscientiae but I assure you it shall be fully sifted and tryed in foro judicii Her Majesty means to take this Patent 〈◊〉 her Self and advise with her Council touching the same For I must tell you the Kingdom is not so well furnished with Powder now as it should be But if it be thought fit upon advice to be cancelled her Majesty commanded me to tell you that though she be willing to help the grave Gentleman that hath that Patent yet out of that abundant desire that she hath to give you compleat satisfaction it shall be repealed This hath come to the Ear of the Queen and I have been most earnest to search for the Instrument and as a Counsellor of State have done my best endeavour to salve the sore But I fear we are not secret within our selves Then must I needs give you this for a future Caution That whatsoever is subject to publick expectation cannot be good while the Parliament matters are ordinary talk in the Street I have heard my self being in my Coach these words spoken aloud God prosper those that further the overthrow of these Monopolies God send the Prerogative touch not our Liberty I will not wrong any so much as to imagine he was of this Assembly Yet let me give you this Note That the time was never more apt to disorder and make ill interpretation of good meaning I think those persons would be glad that all Sovereignty were converted into Popularity We being here are but the popular branch and our liberty the liberty of the Subject And the World is apt to slander most especially the Ministers of Government Thus much have I spoken to accomplish my duty unto her Majesty but not to make any further performance of the well uttered and gravely and truly delivered Speech of the Speaker But I must crave your favours a little longer to make an
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