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
Bill according to the same Articles to be read and passed in this House accordingly Upon a Motion made by Mr. Norton it is Ordered that such persons as shall be appointed by this House at any time to have Conference with the Lords shall and may use any reasons or perswasions they shall think good in their discretions so as it tend to the maintenance of any thing done or passed this House before such Conference had and not otherwise But that any such persons shall not in such wise yield or assent to any such Conference to any new thing there propounded until this House be first made privy thereof and give such Order The Bill that Children of Aliens not being Denizens and born in England shall not be reputed English was read the third time and after many Arguments committed unto Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Serjeant Flowerdewe Mr. Sands Mr. Cromwell Mr. Dalton Mr. Cowper and Mr. Norton to set down in Paper such words for amendment unto the said Bill against to Morrow Morning to be offered unto this House for their better satisfaction of passing of the same Bill as may Answer the meaning and intent of this House gathered upon the said Arguments accordingly On Wednesday the 8 th day of February Three Bills of no great moment had each of them one reading of which the third being the Bill touching Kersies defaults of Weavers and the abuses of Searchers and Alneagers was read the second time and committed to the former Committees and Sir John S t Leger and Sir Arthur Bassett were added to the same former Committees The Bill for Obedience to the Queens Majesty against the See of Rome was read the first time and then ---- Upon a Motion made by Mr. Vice-Chamberlain that the Lords have a Bill once read amongst them in the Upper House much tending to many of the things contained in this Bill and that therefore he thought good if the House should so like of it that a Committee of this House were appointed to have Conference with the Lords in those matters which course he thought would much expedite and further the good proceedings and meanings both of their Lordships and also of this House in that behalf It is agreed upon the Question by the whole House that all the former Committees which travelled in the drawing of the said Bill last read in this House should likewise be appointed for the said Conference and that all the Privy-Council being of this House with a convenient number of others should now presently repair unto the Lords to pray the said Conference in the name of this whole House Whereupon M r Treasurer M r Vice-Chamberlain Mr. Chancellor of the Exchequer and Mr. Secretary Wilson with divers others of this House went up to the Lords and brought Answer again that they had delivered unto their Lordships the Message of this House which they had in Charge and that their Lordships Answered they would consider of the request of this House therein and then make further Answer Mr. Comptroller declared that he and divers others of the Committees appointed to have Conference with the Lords yesterday in the Afternoon at the Court touching the Bill before-passed in this House for avoiding of certain Incumbrances against Purchasers were there present with their Lordships and that their Lordships upon the Conference liked well of the intent and meaning of this House in the said Bill but that their Lordships were of opinion that it were meet to have some other words added to the said Bill the better to explain and carry the effect of the intent of the said Bill as said he those of the said Committees towards the Law could better declare Whereupon after some further Speeches thereof used by Mr. Serjeant Flowerdewe and Mr. Serjeant Fenner the said Serjeants were further advised and required that as of themselves and not by appointment of the House they should offer some such course of amendment thereof to their Lordships as might give good furtherance to the passing of the said Bill Three Bills of no great moment had each of them one reading of which the last being the Bill for Examination of Witnesses in Towns Corporate was read the first time M r Serjeant Anderson and Mr. Doctor Clark did bring word from the Lords that their Lordships upon the request made unto them by this House have appointed eighteen of themselves to meet at the Court this Afternoon in the Council Chamber immediately after Dinner to have Conference with such of this House as it shall please this House to appoint for that purpose to meet there with them touching matters of Religion Whereupon all the said former Committees of this House were Commanded to give their attendance this Afternoon at the Court for that purpose accordingly And it is Ordered that M r Halls matter be Examined by the Committees to Morrow in the Afternoon for that the same cannot be dealt in this day by reason of the Conference to be had with the Lords this Afternoon at the Court touching matters of Religion Vide February 14. being Tuesday following The Bill for ratifying an Award for certain Copyholders in the County of Worcester and the Bill for Partition of Lands between the Coheirs of the late Lord Latimer are appointed to be considered of by the Committees upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber It is Ordered that three Bills touching Cloths which are before committed all to one Committee be deferred until to Morrow next at two of the Clock in the Afternoon in the Exchequer Chamber Further day is given to the Committees in the Bill against Libelling till Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Upon Declaration this day made by Mr. Speaker unto this House touching the Case of M r Walter Vaughan Knight for the County of Caermarthen supposed to be out-lawed that upon Examination had by the Order and appointment of this House of the Actions brought against him in the same Suits it appeareth that they were all grown by Suretiship for other persons and not for his own debts or causes and withal that yet nevertheless he had to his own great charge and hindrance very honestly compounded and taken order for all or the most part of them already It was then agreed by the whole House that he should stand and continue as in his former Estate of the good opinion of this whole House sufficiently purged and discharged of the said suspitions before in Question Vide concerning this matter on Monday this 6 th day of this instant February foregoing On Thursday the 9 th day of February the Bill against unlawful Hunting of Conies was read the second time and committed unto M r Lieutenant of the Tower Sir Thomas Scott Sir Thomas Browne Sir William Moore M r Crooke M r Tilney M r Newdigate and M r Cowper to consider presently of the Bill
perfected in some places in matter of form and yet the Titles of the aforesaid three daies are set down in three blank Pages On Monday the 31 th day of October her Majesties Person was again represented by those aforesaid three Lords Commissioners constituted by her Majesties Letters Patents on Saturday the 29 th day of this instant October foregoing These being set in the Upper House with divers other Lords in their Parliamentary Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired thither with John Puckering Serjeant at Law their Speaker who was according to the usual course presented unto the said Lords Commissioners and by them admitted who answered to these his three Petitions of course made in the name of the House of Commons for liberty of Access for freedom of Speech and freedom from Arrests and Suits and lastly for Pardon for himself that the said House of Commons and himself should enjoy and use all such priviledges and freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House Nota That there is not any word of all this presentment of the Speaker in the Original Journal-Book of the House of Commons but only the very Title of the day is thus set down in a blank Page thereof Lunae xxxj Octobris 1586. and the whole matter ensuing by the great negligence of M r Fulk Onslow at this time Clerk of the House of Commons is wholly omitted which also happened in the setting down of the three foregoing days of this Journal upon the two first of which the Parliament had been further Prorogued and upon the third received its beginning in all which the Titles only of the days are set down in the upper part of three several blank Pages as is beforesaid with intention doutless at first to have inserted the passages of each day and therefore it is the more strange that it was never perfected and argueth the greater neglect because the said M r Onslow did live many years in the place of Clerk of the House of Commons after the Dissolution of this Parliament by which means if these foregoing day had not been supplied out of the Original Journal-Book of the Upper House this other Journal of the House of Commons had remained very imperfect and unuseful And yet at the end of the aforesaid blank Page or bottom thereof in which the Title of this present Monday the 31 th day of October is inserted there followeth the reading of one Bill which is usually done after the Knights Citizens and Burgesses of the House of Commons do return from the Upper House with their Speaker newly admitted upon their presentment of him which said Bill read at this time upon their return is entred in manner and form following viz. The Bill touching Inrollments the first reading After the reading of this Bill the House did without all question Adjourn it self unto Thursday the third day of November ensuing although there be no mention thereof in this said Journal-Book of the House of Commons which must as all other defects be imputed to the former neglect And yet this Adjournment may be collected not only by a like Adjournment of the Lords unto Friday the 4 th day of November aforesaid and by other Adjournments very frequent in the House of Commons during this first meeting of the present Parliament but also out of the very Entrance of the said Thursday following which is on the very next Page after the Entrance of the before mentioned Bill which is never used to be done if any other days passages should have intervened between And therefore it would not be amiss now once for all to observe the cause and ground why the House of Commons did so often at this first meeting of this Parliament Adjourn it self contrary to the usual practice both of former and latter times which was no other than the handling of that great and unusual business touching the Scotish Queen and leaving or forbearing to treat of other ordinary matters usual in the House For by this means it happened that the Original Letters and other proofs produced against the said Scotish Queen for the discovery of her being guilty of the Teason plotted by Ballard Babington and others being all first laid open and urged before the Lords in the Upper House and not at large discussed in the House of Commons till they had been derived unto them from the said Upper House by several Committees It was the only means and cause that the said House of Commons did for want of matter and imployment so often Adjourn it self Whereas usually at other times the passing of Bills with the matter of Subsidy and publick grievances being first debated in the said House and from them derived to the Lords their Lordships are often necessitated in the beginning of each Parliament for want of like imployment to Adjourn themselves On Thursday the third day of November to which day the Parliament had been on Monday the 31 th day of October foregoing last adjourned M r Speaker shewed unto the House that he received Commandment from my Lord Chancellor from her Majesty to signifie unto them that her Highness was sorry this House was troubled the last sitting thereof with the matter touching the chusing and returning of the Knights for the County of Norfolk a thing in truth impertinent for this House to deal withal and only belonging to the Charge and Office of the Lord Chancellor from whence the Writs for the same Elections issued out and are thither returnable again And also that her Majesty had appointed the said Lord Chancellor to confer therein with the Judges And so thereupon examining the said Returns and the Sheriff touching the matter and circumstances of his proceedings in the said Elections to set down such course for making the true Return as to Justice and Right shall therein appertain Two Bills had each of them one reading of which the first being the Bill for Orford-Haven had its first reading and the second being the Bill touching Inrollments had its second reading One of the House offering to speak to this Bill M r Vice-Chamberlain stood up and shewed unto this House that having matter of most great importance to deliver unto this House from her Majesty he was so bold with their good favours for this time to interrupt the Speech intended to the said Bill by the Gentleman that offered to speak to the said Bill and so then shewed that her Majesty thinking that all those of this House which were lately in the higher House when the Lord Chancellor declared the cause of her Highnesses summoning of this Parliament could not hear the same and also that many of the Members of this House now here present were not then come up or returned commanded him to deliver unto
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
Seas Succeeded to all the Realms and Dominions of Mary her Sister excepting Callais and those other inestimable places in France which had been most dishonourably and vainly lost in the time and towards the end of the Reign of the said Queen and finding also the Innocent Blood of Gods Saints shed for the Witness of the Truth to have stained the former Government with the just Brand and Stigma of persecuting and Tyrannical And that her Realms and Dominions were much impoverished and weakened whilst in the mean time her Enemies every where abroad were encreased not only in Number but in Strength and Power She therefore in the very entrance of her Reign well considering and foreseeing that the surest and safest way to Establish the Truth to abolish all Foreign and usurped Authority to repair the breaches and weaknesses of her said Realms and Dominions to strengthen her Kingdoms with Shipping and Munition and to revive the decayed Trade thereof was by the common advice and Council and with the Publick assent of the Body of her Realm did Summons herfirst Parliament to begin on Monday the 23th day of January having before made and appointed that wise and able Statesman Sir Nicolas Bacon Knight Lord Keeper of the great Seal of England In the setting down of this Journal of the upper House in An. 1. Reg. Eliz. An. Dom. 1558. Summoned to begin at the day and place aforesaid I have caused to be Transcribed many things at large out of the original Journal Book Some things also of Form I have added to it which are in the very Original it self omitted in this regard only because they were but matters of Course and not much material yet I was much desirous both in this Journal of the Upper House and in that also of the House of Commons in this first year of the Queen to supply once for all the whole matter of Form that so I might the better omit it in the following Journals and have ready recourse hither unto it being all framed into one Structure or Body In this Journal of this first year is set down the ground form and return of the Writs of Summons with their usual and common differences the Commission for Prorogation and the form of Proroging the Parliament to a surther day The manner of the beginning of the Parliament with the Sitting of the Lords Spiritual and Temporal The places of Peers under age and of Noblemens Sons their Fathers living and the difference The whole form Verbatim of the Receivers and Tryers of Petitions And lastly for what or by whose Licence the Lords both Spiritual and Temporal may absent themselves from the Parliament House and send their Proxies the forms of Proxies the cause of a Vacat the several observations upon the return of such usual or unusual Proxies as were this Parliament returned the returns of which are set down at large out of the Original Journal Book it self with divers other things of the like nature and are digested as the following Passages of this first Parliament of Queen Eliz. into an orderly and exact Journal Before the Writs for the Summoning of this Parliament were sent forth the Queens Majesty did send her Warrant to Sir Nicolas Bacon Knight Lord Keeper of the great Seal of England commanding him speedily to cause the said Writs to be made as in like cases had been formerly accustomed the usual Form of which Warrant being by Bill Signed is as followeth Elizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right Wel-beloved Nicolas Bacon Knight Lord Keeper of our Great Seal of England Greeting Whereas we by our Council for certain great and urgent Causes concerning us the good Estate and Common-wealth of this our Realm and of the Church of England and for the good Order and continuance of the same have appointed and Ordained a Parliament to be holden at our City of Westminster the sirst day of April next coming in which case divers and sundry Writs are to be directed forth under our Great Seal of England as well for the Prelates Bishops and Nobility of this our Realm as also for the Election of Knights Citizens and Burgesses of the several Counties Cities and Burroughs Towns of the same to be present at the said Parliament at the day and place aforesaid Whereupon We Will and Command you forthwith upon the receipt hereof and by Warrant of the same to cause such and so many Writs to be made and Sealed under our Great Seal for the accomplishing of the same as in like Cases hath been heretofore used and accustomed And this Bill Signed with our own hand shall be as well unto you as to every such Clerk and Clerks as shall make and pass the same a sufficient Warrant or Discharge in that behalf given Upon this Warrant the Lord Keeper sends out the said Writs of Summons returnable the 23th day of January being Monday and bearing Date at Westminster the 5th day of December in the first year of the Queen the form of which Writ is as followeth Elizabetha Dei Gratia Angliae Franciae Hiberniae Regina Fidei Defensor c. Clarissimo Consanguineo suo Thomae Duci Norfolciae c. Salutem Quia de advisamento assensu Consilij nostri pro quibusdam ardius urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus quodd am Parliamentum nostrum apud Civitatem nostram Westmonasterij vicessimo tertio die Januarij proximè futuro teneri ordinaverimus ibidem vobiscum cum Prelatis Magnatibus Proceribus dicti Regni nostri colloquium habere tractatum vobis sub fide ligeancia quibus nobis tenemini firmiter injungendo Mandamus quod consideratis dictorum negotiorum arduitate periculis imminentibus cessante excusatione quâcunque dictis die loco personaliter intersitis nobiscum cum Praelatis Magnatibus Proceribus praedictis super dictis negotiis tractatur ' vestrumque consilium impensur ' hoc sicut nos honorem nostrum salvationem Defensionem Regni Ecclesiae praedict ' expeditionemque negotiorum dictorum diligitis nullatenus omittatis Teste me ipsà apud Westmonasterium quinto Die Decembris Anno Regni nostri primo The Writ to the Archbishop of York for the See of Canterbury was now void by the Death of Cardinal Pool was after this Form ensuing Elizabetha Dei Gratia c. Reverendissimo in Christo Patri Nicholao Archiepiscopo Eboracen ' c. And so to the end as it is in the Duke of Norfolks Writ unless perhaps after the word Mandamus the words following are in fide dilectione quibus nobis tenemini c. instead of these words to the Temporal Lords Sub fide Ligeancia quibus nobis tenemini The Writs that were directed to the two Marquesses of Winchester and Northampton and to
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
all humbleness singleness and pureness of mind confirm your selves together using your whole endeavour and diligence by Laws and Ordinances to Establish that which by your Learning and Wisdom shall be thought most Meet for the well performing of this godly purpose and this without respect of Honour Rule or Soveraignty Profit Pleasure or Ease or of any thing that might touch any Person in estimation or opinion of Wit Learning or Knowledge and without all regard of other manner of Affection And therewith That you will also in this your Assembly and Conference clearly forbear and as a great enemy to good Council fly from all manner of Contentions Reasonings and Disputations and all Sophistical Captious and frivolous Arguments and Quiddities meeter for ostentation of Wit than Consultation of weighty Matters comelier for Scholars than Counsellors more beseeming for Schools than for Parliament Houses Besides that commonly they be great causes of much expence of time and breed few good Resolutions And like as in Council all contention should be eschewed even so by Council provision should be made that no Contentions Contumelious nor opprobrious words as Heretick Schismatick Papist and such like names being Nurses of such Seditious Factions and Sects be used but may be banished out of mens Mouths as the Causers continuers and encreasers of Displeasure Hate and Malice and as utter Enemies to all Concord and Unity the very Marks that you are now come to Shoot at Again as in proceedings herein great and wary Consideration is to be had That nothing be advised or done which any way in continuance of time were likely to breed or nourish any kind of Idolatry or Superstition so on the other side heed is to be taken that by no Licentious or loose handling any manner of Occasion be given whereby any contempt or irreverent behaviour towards God and Godly things or any spice of irreligion might creep in or be conceived The examples of fearful punishments that have followed these four Extremities I mean Idolatry Superstition Contempt and Irreligion in all Ages and times are more in number than I can declare and better known than I can make recital to you of And yet are they not so many or better known than by the continual budding benefits and blessings of God to those that have forsaken those extremities and embraced their Contraries And for your better encouraging to run this right and strait course although that which is said ought to suffice thereto I think I may affirm that the good King Hezekiah had no greater desire to amend what was amiss in his time nor the Noble Queen Hester a better heart to overthrow the Mighty Enemies to God's Elect than our Sovereign Lady and Mistress hath to do that may be just and acceptable in God's sight Thus forced to this by our Duties to God feared thereto by his punishments provoked by his benefits drawn by your love to your Country and your selves encouraged by so Princely a Patroness Let us in God's name go about this work endeavouring our selves with all diligence as I have before said to make such Laws as may tend to the honour and Glory of God to the Establishment of his Church and to the Tranquillity of the Realm For the Second There is to be considered what things by private men devised be practised and put in ure in this Realm contrary or hurtful to the Common-Wealth of the same for which no Laws be yet provided and whether the Laws before this time made be sufficient to redress the Enormities they were meant to remove and whether any Laws made but for a time be meet to be continued for ever or for a Season Besides whether any Laws be too severe or too sharp or too soft and too gentle To be short you are to consider all other imperfections of Laws made and all wants of Laws to be made and thereupon to provide the meetest Remedies respecting the Nature and Quality of the disorder and offence the inclination and disposition of the people and of the manner of the time For the Third and last a Marvellous matter I cannot see how a good true Englishman can enter into the consideration of it but it must breed in his breast two contrary effects Comfort I mean and discomfort joy and sadness for on the one part how can a man calling to his remembrance that God of his divine Power and Ordinance hath brought the Imperial Crown of this Realm to a Princess that so Nobly diligently willingly and carefully doth by the advice of all the Estates of the Realm seek all the ways and means that may be to Reform all disorders and things that be amiss to continue and make firm that that is good to detect and discourage those that be dishonest and evil to execute Justice in all points to all persons and at all times without rigour and extremity and to use Clemency without Indulgence and fond Pity A Princess I say that is not nor ever meaneth to be so Wedded in her own will and Fantasie that for the satisfaction thereof she would do any thing that was likely to bring any servitude or Bondage to her people or give any just occasion to them of any Inward Grudge whereby any Tumult or stirs might arise as hath done of late days things most pernicious and Pestilent to the Common-Wealth A Princess that never meaneth or intendeth for any private affection to advance the Cause or Quarrel with any Foreign Prince or Potentate to the destruction of her Subjects to the loss of any of her Dominions or to the impoverishing of her Realm A Princess to whom nothing what Nothing no no worldly thing under the Sun is so dear as the hearty Love and good will of her Nobles and Subjects and to whom nothing is so Odible as that they might cause or by any means procure the contrary How can I say a man remember this wonderful benefit but of necessity he must needs heartily rejoyce and give God thanks for the same But my Lords the handling of the Princely vertues of this Noble Princess the cause of our rejoycing of purpose I pretermit partly because I ever supposed it not altogether meet for this presence but chiefly for that it requireth a perfect and Excellent Orator in whom both Art and Nature Concurs and not to me a man in whom both fails Marry I wish in my heart an Apt person might oft have meet presence and just occasion to handle this matter as the weightiness of the Cause requireth But as the Causes of our Rejoycing for such respects be thanks be to God both many and great so for the causes of our sadness and discomfort they be neither few nor little But here upon great cause as a man perplexed and amazed I stay not knowing what is best to be done very Ioth I am to utter that which is much unpleasant for me to speak and as uncomfortable for you to hear but because sores and
wounds be hardly cured except they be well opened and searched therefore constrained of necessity I see I must trouble you with these sad matters What man that either Loveth his Sovereign his Country or himself that thinketh of and weigheth the great decays and losses of Honour Strength and Treasure yea and the peril that hath happen'd to this Imperial Crown of late time but must needs inwardly and earnestly bewail the same Could there have happen'd to this Imperial Crown a greater loss in Honour Strength and Treasure than to lose that piece I mean Callis which was in the beginning so Nobly won and hath so long time so Honorably and Politickly in all Ages and times and against all attempts both Foreign and near both of Forces and Treasons been defended and kept Did not the keeping of this breed Fear to our greatest Enemies and made our faint friends the more assured and lother to break yea hath not the winning and keeping of this bred throughout Europe an honorable opinion and report of our English Nation Again what one thing so much preserved and guarded our Merchants their Trasfick and entercourses or hath been so great a help for the well uttering of our chief Commodities or what so much as this hath kept a great part of our Sea-coasts from spoiling and Robbing To be short the loss of this is much greater than I am able to utter and as yet as I suppose is able to be understood by any and yet my Lords if this were the whole loss then might men have some hope in time to come to recover that that in time hath been thus suddenly and strangely lost But when a man looketh further and considereth the Marvellous decays and wast of the Revenue of the Crown the inestimable consumption of the Treasure levied both of the Crown and of the Subject the Exceeding loss of Munition and Artillery the great loss of divers valiant Gentlemen of very good Service the incredible sum of Moneys owing at this present and in honour due to be paid and the biting interest that is to be answered for the forbearance of this Debt therewith remembring the Strength and Mightiness of the Enemy and his Confederates and how ready he is upon every Occasion upon every side and in every time to Annoy you And how the time most Meet for that purpose draweth on at hand again if a man consider the Huge and most Wonderful charge newly grown to the Crown more than ever hath heretofore been Wont and now of necessity to be continued as first the maintenance of Garison in certain places on the Sea-coasts as Portsmounth with new Munition and Artillery besides the new increased Charge for the continual maintenance of the English Navy to be ever in readiness against all evil happs the strongest Wall and defence that can be against the Enemies of this Island And further also the new Augmentation or Charge for the maintenance of a Garison at Barwick and the Frontiers Northward Indeed I must confess that in those matters mine understanding is but small and mine experience and time to Learn less But in mine opinion this doth exceed the Ancient yearly Revenue of the Crown Besides that double so much is of Necessity to be presently spent about the fortifying of those places in Buildings When I say a man remembreth and considereth these things it maketh him so far from hope of Recovery of that that is lost without some aid or Contribution of the Subject that he will Judge all to be little enough to make and prepare good defence for that that is left Here perchance a Question would be asked and yet I do Marvel to hear a Question made of so plain a Matter what should be the cause of this if it were asked thus I mean to answer that I think no man so blind but seeth it no man so deaf but heareth it nor no man so ignorant but understandeth it Marry withal I think there is no man so hard hearted in thinking of it but for the restoring of it would adventure Lands Limbs yea the Life But now to the remedies wherein only this I have to say That as the well looking to the whole universally is the only sure preservation of every one particularly so seemeth it of all congruence and reason meet that every one particularly by all ways and means readily and gladly according to his power should concur and joyn to relieve and assist the whole universally Neither can I see things standing as they do how any that loveth his Country or hath wit to foresee his own surety can be withdrawn from this Is there any think you so Mad that having a Range of houses in peril of fire would not gladly pluck down part to have the rest preserved and saved Doth not the wise Merchant in every adventure of danger give part to have the rest assured These causes well compared small difference shall be found And for all this a strange matter and scarce Credible with how deaf an Ear and how hardly the Queen's Majesty may endure to hear of any device that may be burthenous to her Subjects I partly do understand and divers others partly perceive Is not the cause Marvellous Pityful that the Necessity and Need of this Ragged and Torn State by Misgovernance should by force so bridle and restrain the noble Nature of such a Princess that she is not able to show such Liberality and Bountifulness to her Servants and Subjects as her heart and Inclination disposeth her Highness unto What a grief and Torment this is to a Noble Mind What a grief surely such a grief as but to a Noble Mind who feels it it cannot be understood But for the more plain declaration of her highness's disposition in this matter her Highness hath commanded me to say unto you even from her own Mouth that were it not for the preservation of your selves and the surety of the State her Highness would sooner have adventured her Life which our Lord long preserve than she would have adventured to trouble her Loving Subjects with any offensive matter or that should be burthenous or displeasant unto them And for the further Notifying of her Highness's mind herein she hath commanded me to say unto you That albeit you your selves see that this is not matter of will no matter of displeasure no private Cause of her own which in times past have been sufficient for Prince's Pretences the more Pity but a matter for the universal Weal of this Realm the defence of our Country the preservation of every man his house and Family particularly yet her Majestie 's Will and Pleasure is that nothing shall be demanded or required of her Loving Subjects but that which they of their own free wills and Liberalities be well contented readily and gladly frankly and freely to offer so great is the trust that she reposeth in them and the love and affection that her Highness beareth towards them nothing at all doubting
well for provision at home as to provide for the Foreign Enemy abroad Which said matters of Religion may again be divided into two parts for Gods cause being sincerely weighed considered and followed bringeth forth good success in all Affairs and being not followed but neglected and made light of how can any thing prosper or take good effect And the greater the Personages be which so abuse the same the greater the fault is to the damage of the whole Common-Wealth for all mens Eyes be fixed on those who be in Authority for as the Head is even so is the Foot and after the Superior followeth the Inferior For as Gods Law it self is perfect so there is no imperfection therein but that which cometh of our selves wherein I cannot excuse either the spiritualty or laiety For as the Preachers be not so diligent in their Vocation of Preaching as they ought to be even so we of the Laiety be neither so diligent in hearing nor yet in doing as we should be And thirdly some of the Laiety in not giving credit unto it as it ought for to be For as all in Authority ought to be credited and their doings taken in the best part yet I would wish the same should continue no longer than they do well And where at this present there is great want of Ministers and some of them that be be much insufficient which considering the time are to be born withal not doubting the Circumspection of the Bishops in well looking to the placing of such which shall be appointed hereafter and those which be and will not be reformed to have sharp punishment For as heretofore the Discipline of the Church hath not been good and again that the Ministers thereof have been slothful even so for want of the same hath sprung two Enormities the first is that for lack thereof every man liveth as he will without fear And secondly many Ceremonies agreed upon but the right Ornaments thereof are either left undone or forgotten As in one point for want of Discipline it is that so few come to Service and the Church so unreplenished notwithstanding that at the last Parliament a Law was made for good Order to be observed in the same but yet as appeareth not Executed Therefore if it be too easie let it be made sharper and if already well then see it Executed For the want of Discipline causeth obstinacy contempt and growing of Heresie therefore better to be winked at and unspoken than bruted abroad and unperformed Therefore in mine opinion the device is good that in every Diocess there be Officers appointed and devised as hath been thought good to sit for redress of these and such like Errors twice or thrice a Year till the faults be amended In which well doing the Head-Officers are to be born withal and maintained and Laws to be made for the purpose the chief Care of which said former matters pertaineth to you my Lords of the Spiritualty wherein you must take pains to travel whereunto be Laws to be joined not only for the more perfecting of the same but for the maintenance as well of the Heads as the Ministers thereof Now to the second part of Policy for the Common-Wealth for as there be faults for want of Discipline so are there faults in the imperfection and want of Execution which imperfection must be looked unto and want of Laws which needeth to be provided for and made and to consider if there be not too many Laws for one thing and those so large and busie that neither the Commons can understand the same nor yet well the Lawyer which would be brought into some briefer and better Order and there Executed For which purpose it is necessary to take care to have good Ministers thereof and secondly to banish all fearfulness for prosecuting the same and over and besides that to appoint proved men to inquire of these Ministers whereby they may have the better regard to their Duty For even as the Visitation of the Church is and was well appointed for the Church so now is he like to be appointed for the Temporalty For if the Laws be not well Executed my part is not the least thereof which Yearly I would be glad to hear of The third for the Enemy as well here bred amongst us as abroad for whereas the Queens Majesty at her entrance found this Realm in War with Foreign Power at which time lack of Treasure Artillery Force and other things caused her to agree to a Peace although not the best howbeit for our surety she spared no cost to bring it to pass which notwithstanding of later time certain old cankered Enemies of this Realm attempted to put in Execution to bring the Scots to the Governance of France and so being a firm Land to ours to have been our utter Enemies which danger the Queen foreseeing sought by all means as well by her Ambassadors as others to stay the Enterprise but could not and therefore helped her Neighbours of Scotland and so disappointed that attempt or else afore this time I doubt the Scottish Territories would have been too little to have holden them but that they would have troubled us not only at Barwick but at the Walls of York which said attempt being by the means of her Majesty stayed and letted the said bent Enemies have attempted the same in France to the whole disturbance of all Christendom and all done for the mischief of this Realm joined with a devilish Conspiracy within our selves tending to the aiding of the Foreign Enemy and by their own Confession to have raised a Rebellion in this Realm And for that by none of her Graces Travels or means she could there stay their Enterprise or make them agree she was forced the rather to stay the same for the surety of this Realm to the no little charge of her Majesty for in these proceedings and in repairing of these and other like faults I dare be bold to say for that I am thereof assured it hath cost her Majesty as much as two of the best Subsidies which at any time hath been within this Realm and all at her own proper Charges without either straining of her Subjects or having aid of them towards the same Howbeit she yet thinketh it well spent for often it chanceth that money is better spent than spared as the common saying is That a penny is well spent which afterwards saveth a pound And so in this if that money had not been so spent in staying in time their attempted Enterprises it would afterwards have turned to no little prejudice nor yet small Charge of this Realm And where afore this time Princes commonly have had some vein or delight to spend Treasure upon for their pleasure which the Queen hath none but only for the Common-Wealth and surety thereof so that we may most justly and fortunately say to her great Praise that the relieving of the Realms necessities is our Princes whole delight And
attempt the destruction of your Majesty and us all that live by you We fear a Faction of Hereticks in your Realm Contentious and malicious Papists lest they most unnaturally against their Country most madly against their own Safety and most treacherously against your Highness not only hope for the woful day of your Death but also lay in wait to advance some Title under which they may revive their late unspeakable Cruelty to the destruction of Goods Possessions and Bodies and thraldom of the Souls and Consciences of your faithful and Christian Subjects We see nothing to withstand their desire but your only Life their Unkindness and Cruelty we have tasted we fear much to what attempt the hope of such opportunity nothing withstanding them but your Life will move them We find how necessary it is for your preservation that there be more set and known between your Majesties Life and their desire We see on the other side how there can be no such danger to your Majesty by ambition of any Apparent Heir established by your benefit and advancement for want of Issue of your Majesties Royal Body as you are now subject unto by reason of their desire and hope We know not how many pretend Titles and Trust to succeed you whose secret desire we so much more fear because neither their number force nor likelihood of disposition is known unto us and so we can the less beware of them for your preservation We find also by good proof that the certain limitation of the Crown of France hath in that Realm procured so great quiet as neither the person of the Prince in Possession hath been indangered by secret or open practice nor the Common-Weal molested by civil dissention through any quarrel attempted for the Title of that Crown And somewhat near home we have remembred the miserable estate of Scotland after the Death of King Alexander without any certain Heir or limitation to whom the Crown of Scotland should remain by reason whereof the whole estate of that Realm was left open to the ambition of many Competitors and most grievous desolation and spoil that grew upon such division which afterwards gave occasion to King James the Fifth to limit the Crown of Scotland to certain Noble Families of that Realm whereby they at this present enjoy that quiet surety which we want And all your Majesties most Noble Progenitors Kings of this Realm have been in this behalf so careful that from the Conquest till this present day the Realm was never left as it is now without a certain Heir living and known to whom the Crown after the Death of the Prince should appertain So as your Majesty of your singular Care for us and our Posterity hath at this time Assembled us for establishing of this great and only stay of our Safeties We again Most Gracious Sovereign Lady acknowledge our selves and all that we have to depend upon your Preservation being according to our bounden Duty most careful of the same are in most humble manner come to your Majesties presence And I the Mouth appointed for them together with and in the name of all your most loving natural and obedient Subjects do present unto you our most lowly Suit and Petition That for asmuch as of your Majesties Person would come the most redoubted and best Heirs of your Crown such as in time to come we would most Comfortably see and our Posterity most Joyfully Obey It may please your Most Excellent Majesty for our sakes for our preservation and comforts and at our most humble Suit to take to your self some Honourable Husband whom it shall please you to join unto in Mariage whom whatsoever he be that your Majesty shall choose we protest and promise with all humility and reverence to Honour Love and Serve as to our most bounden duty shall appertain And where by the Statute which your most noble Father Assented unto of his most Princely and Fatherly Zeal for his most loving Subjects for the limitation of the Succession of the Emperial Crown of this Realm Your Majesty is the last expresly named within the body of the same Act and for that your Subjects cannot judge nor do know any thing of the form or validity of any further limitations set in certain for want of Heirs of your Body whereby some great dangerous doubt remaineth in their Hearts to their great grief peril and unquietness It may also please your Majesty by Proclamation of certainty already provided if any such be or else by limitations of certainty if none be to provide a most gracious remedy in this great necessity which by your most Honourable and Motherly Carefulness for them hath occasioned this Assembly That in this convenient time of Parliament upon your late danger most graciously called by you for that cause your Grace may now extend to us that great benefit which otherwise or at other times perhaps shall never be able to be done again so not only we but all ours hereafter and for ever shall owe no less to your Majesties propagation of Succession than we do already owe to your most Famous Grandfather King Henry the Seventh his uniting of Division And your Subjects on their behalfs for your Majesties further Assurance whereupon their own preservation wholly dependeth shall imploy their whole endeavours and Wits and Power to renew devise and establish the most strong and beneficial Acts and Laws of Preservation and Surety of your Majesty and of your Issue in the Emperial Crown of this Realm and the most penal sharp and terrible Statutes to all that shall but once practise and attempt or conceive against your Safety that by any possible means they may invent or establish with such limitations of conditions and restraints to all in Remainders such grievous pains and narrow Animadversions to all that shall enterprize or imagine any thing in prejudice of your Highness and your Issue as your Majesty shall not have any cause of suspicion but most assured ground of Confidence in all your faithful Subjects continually Watching and Warding for your Preservation which God long continue that you may see your Childrens Children to his Honour and our Comfort and encline your Gracious Ear to our most humble Petitions This Petition of the House of Commons delivered by Thomas Williams Esq their Speaker to her Majesty this Afternoon as aforesaid to which see her Majesties further Answer sent to the said House on Tuesday the 16 th day of February ensuing now follows the residue of the passages of this Journal out of the Original Journal-Book of the same House On Friday the 29 th day of January Seven Bills of no great moment had each of them one reading of which the sixth being the Bill for Fines to be levyed in the County Palatine of Durham was read the third time and passed the House For that John Hippesley Esq is returned a Burgess for Wotten-Basset in Wiltshire and also for Wells in Somersetshire and doth appear for
Divine Service may be translated into the Welch Tongue was read the third time and passed the House The Bill touching Worsted Woolls and the Bill against Servants imbezelling their Masters Goods were brought from the Lords by M r Serjeant Carus Post Meridiem In the Afternoon the Bill that the Inhabitants of Norfolk and Suffolk may sell again course Woolls was read the first time And the Proviso also from the Lords to the Bill for Deer and Hawks was read the first time Five Bills also had each of them one reading of which one being for Killing of Crows was committed as it should seem to Mr. Ashley Another to avoid Nets for Fishing in the Thames was read the second time and committed to Mr. Cure And the last touching the Assize of Barrels was upon the second reading committed to Mr. Grafton and others not named On Monday the 29 th day of March the Proviso to the Bill for Stealing of Deer c. was read the first time and three other Bills being of no great moment were each of them read the second time of which one was the Bill for encrease of Tillage The Bill de Excommunicato capiendo and the Bill for the making of Goals were brought from the Lords by Mr. Attorney Post Meridiem In the Afternoon four Bills had each of them their first reading of which the last was the Bill touching Tanners Shoomakers and other Artificers occupying Leather On Tuesday the 30 th day of March the Bill to continue the Act for making of Goals was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords The Bill also for the School-House at Guildford was read the fourth time and passed the House Nota That here a Bill was read the fourth time before it passed the House having had its third reading on Thursday the 25 th day of this instant March foregoing of which though there want not other Presidents yet it is rare and worth the observation Six Bills were sent up to the Lords by Mr. Secretary and others of which one was the last mentioned Bill touching the School-House at Guildford The Master of the Rolls with other Committees in the Cause of Forgery suspected upon Pledal declared great and vehement suspicion to be in Pledall and where Pledall by the Committees was Commanded not to speak with the person of Monkton Farley he notwithstanding sent for him and spake with him in the night which person is likewise suspected whereupon Pledall said he did not remember any such Commandment and thereupon Order was taken that the Committees should put their doings in this Case in Writing and send them to the House this Afternoon and that they should be read to Pledall and he to Answer them either by word or writing Vide touching this matter on Saturday the 10 th day of April ensuing Post Meridiem In the Afternoon two Bills had each of them one reading of which the second being that the Lord Chancellor may direct Commissions to the Bishop for increase of the Living of Ministers c. was read the first time On Wednesday the last day of March the Proviso to the Bill against Stealing of Fish Deer and Hawks was read the third time and passed And the Bill that Sweet-Wines bought by Strangers shall be brought to Southampton was read the third time and passed On Thursday the first day of April Four Bills had each of them one reading of which the second touching Enrollments of Deeds in Lancaster And the last for the relief of the Poor were each of them read the third time and passed Post Meridiem In the Afternoon the Bill for sale of course Woolls in Norfolk and Suffolk was read the second time but neither Committed nor Ordered to be ingrossed because it had been formerly sent from the Lords On Friday the 2 d day of April the Bill for Artificers Labourers c. was read the second time and Ordered to be engrossed On Saturday the 3 d day of April Four Bills were sent up to the Lords by Mr. Vice-Chamberlain of which one was the Bill for the relief of the Poor The Bill for the Assignment of forty thousand twenty seven pound four shillings and two pence half penny to the Queens Houshold with three Provisoes from this House was read the third time and passed and sent to the Lords by Mr. Comptroller Post Meridiem In the Afternoon three Bills had each of them one reading of which the second being the Bill for taking and destroying of Crows Rooks c. was read the first time On Monday the 5 th day of April Mr. Serjeant Carus and Mr. Sollicitor brought from the Lords the Bill for Wales The Bill touching Tanners Curriers and Shomakers was read the third time and passed and sent to the Lords by Mr. Secretary together with the Bill for Restitution in Blood of William Iseley The Bill to avoid fraudulent Gifts by any Convicted of Premunire was read the third time and dashed by the division of the House viz. against the Bill eighty nine and with the Bill sixty three Post Meridiem A Proviso to the Bill for Wales was read the first second and third time and thereupon passed the House The Bill to revive the Statute against Servants imbezelling their Masters Goods was read the third time and passed the House The Bill lastly that Cloathiers for every Cloth of Woollen or thirty Kersies shall make a piece of Linnen-Cloth of twenty Yards long was read the second time and as it should seem committed to Mr. Norton and others not named On Tuesday the 6 th day of April the Bill to avoid fraudulent Gifts and the Bill against Servants embezelling their Masters Goods were sent up to the Lords by Sir Anthony Coke Three Bills also had each of them their third reading and passed the House of which the first being the Bill touching Artificers Servants of Husbandry Labourers and Apprentices was sent up to the Lords by Mr. Comptroller Post Meridiem In the Afternoon the Bill for the Order of Bankrupts and their Goods Chattels Lands and Tenements was read the third time and passed the House On Wednesday the 7 th day of April Two Bills had each of them one reading of which the first being the Bill that the Alneager of Lancaster shall Seal the Cloaths there made was read the third time and passed the House and was with two others sent up to the Lords by Mr. Secretary Post Meridiem In the Afternoon three Bills of no great moment had each of them one reading of which the first being the Bill for encrease of Tillage and reedifying of decayed Houses of Husbandry was read the third time and passed the House On Thursday the 8 th day of April the Bill touching Hat-makers and Felt-makers to buy Spanish Wooll And the Bill to avoid the dressed Flax brought out of Flanders were
as aforesaid being placed at the South Door came in the House of Commons bringing in between Sir Edward Rogers Comptroller of the Queens House and Sir Francis Knolles Vice-Chamberlain M r Richard Onslow Esq the Queens Sollicitor whom they had Chosen for their Speaker and after a Reverence done proceeded after down to the Wall and from thence came up to the Rail in the way doing three Reverences and then began the said Speaker to say as followeth IF it please your Royal Majesty most Vertuous and most Excellent Princess At the humble Suit of the Knights Citizens and Burgesses of your nether House of Parliament now Assembled was signified from your Majesty by the mouth of the Lord Keeper by force of your Highness Letters of Commission your pleasure and grant of free Election to the Knights Citizens and Burgesses to chuse a fit and learned man to be their Speaker instead of Thomas Williams Esq their late Speaker whom it hath pleased God to call to his Mercy For which they have Commanded me in their Names to render unto your Majesty most humble thanks And have Commanded and forced me to my great grief to signifie to your Majesty how accordingly they have proceeded to an Election and chosen and assigned me as I may say being most unworthy to speak in this place for this Parliament and for that I would not be obstinate I am forced to wound my self with their Sword which wound yet being green and ☞ new your Majesty being the perfect Physician may Cure in disallowing that which they have allowed for that without your consent it is nothing And although I being very loth to trouble your Highness have made Suit and used all ways and means to avoid it yet could I find no remedy and therefore am driven to seek remedy at your hands for though I have the experience of their uprightness wisdom and knowledge which chose me who if they would have found any fault in me I would lightly have believed them notwithstanding that we are for the most part given to think too much of our selves but in this day that they seem to enable me to this calling whereof I know my self unable I cannot credit them no more than the simple Patient grievously tormented with sickness will believe the Physician nay the whole Colledge of them if they say he hath no grief pain or sickness I therefore do not attempt this releasing of me for any ease of my self but would be glad to serve your Majesty to the uttermost of my Power in the Office of Sollicitorship whereunto I am appointed and not in this being unfit for the same and that for divers Causes For first I consider I have to deal with many well Learned the Flower and Choice of the Realm whose deep understanding my Wit cannot attain to reach unto No if they for great carefulness would often inculcate it into my dull Head to signifie the same unto your Highness yet my Memory is so slippery by Nature and Sickness that I should likely lose it by the way yet if perhaps I kept part thereof I have no other knowledge to help my self withall but a little in the Law far inferiour to divers in this House and so should want Learning and Utterance to declare their meanings as it requireth specially when I consider your Royal Majesty a Princess endowed with so many Vertues Learning and flowing Eloquence it will abash and astonish me and therefore finding these infirmities and other in me I think my self most unworthy of this place I trust therefore only in your Highness that you will disallow this Election and the rather for that by the true intent of your said Letters it may not be gathered that they should elect any of your Majesties Officers for although the words be to have their free Election yet the Law may restrain them in some measure As for Example we find in the Law that if it would please your Majesty to grant Licence to a Dean and Chapter to purchase to them and their Successors a hundred pound yearly which words be generally yet if the purchased Lands be holden in Capite this grant is void And again if you grant the Fines and Amerciaments of all your Tenants to one who after chanceth to be Sheriff of a Shire yet being a Sheriff he cannot have them So this me seemeth if it please your Highness serveth my Case Another Cause is for want of substance to maintain this my Countenance but yet your Majesties goodness in this point stoppeth my Mouth for that I have none other living but in manner by you So for all these considerations and divers others as it shall please your Majesty to consider I humbly desire your Highness to disallow this Election Commanding them to repair again together and to chuse another more fit to serve the same And so he ended and did his Reverence Then the Queen called the Keeper declaring her opinion in Answering him who returning to his place said as followeth M r Onslow The Queens Majesty hath heard and well understood this disabling your self to this Office and doth well perceive your earnest Suit to be discharged of the same and for Answer hath Commanded me to say that she doubteth not but you very well understand that when one is chosen to serve the Common-Wealth it is not in him which is called who hath appointed him thereunto Also there is an old similitude that like as it appertaineth to the head to dispose every inferior member in his place so it pertaineth to the Queens Majesty being the Head to appoint every one in the Common-Wealth This being truth and her Majesty withal remembring your Fidelity and long Experience in Parliament matters and again being chosen by so learned and expert men thinketh therefore your fitness needeth not to be disputed here and therefore they giving unto you such Faith and Credit according to an Antient Custom she cannot but do the like and also you in disabling your self have abled your self and therefore she doth allow and approve this their Election nothing doubting her opinion in your ability to serve this turn and so ended M r Onslow's Answer SEeing that it hath pleased your Majesty to ratify this Election I to the uttermost of my power shall serve your Highness and this Common-Wealth but first my humble suit is that it would please your Majesty to accept my good will and the better to discharge my Duty towards them which have Chosen me that in great matters sent from them I may have access to your Majesty at times convenient as the weight shall require Secondly If by weakness I shall mistake the effect and meaning of the matters committed to me by the Knights Citizens and Burgesses and thereby against my will misreport them that then thereby this Common-Wealth may take no detriment but that I may confer again with them the better to understand their meaning and so with more words to utter the same unto
Grey Marquess Dorset and Frances his Wife the Eldest Daughter and Coheir of Charles Brandon Duke of Suffolk by Mary the French Queen being the youngest Daughter of Henry the Seventh and especially seeing that the Queen of Scots having Married the Lord Darley whom she had Created Duke of Albany and had by him Issue a Son born before the beginning of this Session of Parliament who afterwards was Monarch of Great Britain and duly considering also that the Scottish Queen had during the Life of the French King her Husband by his means pretended a right to the Kingdom of England before the Queen her self in respect of the Popes Authority and that some also did not stick to set a broach the Title of the Lady Elianor being the younger Sister and Coheir with the Countess of Hartford Married to the Earl of Cumberland therefore I say all these said premisses being duly weighed by both the said Houses of Parliament it made them to be more earnest in Petitioning her Majesty at this time to the same effect although it seemeth that the Petition delivered at this time was chiefly preferred in the name of the Lords of the Upper House as that other Petition had formerly been preferred in the Name of the Commons in the first Session of this Parliament in An. 5 Regin Eliz. whence it hath come to pass that neither of these Petitions being set down in the Original Journal-Book of the Upper House of Commons in either of these two Sessions of Parliament the times of their delivery have been exceedingly confounded together in all such several Copies as I have perused of them in which as also in Sir Robert Cotton's first Volume of the Journals of Parliament of the Queens time which are very imperfect and fragmentary they are erroneously Entred to have been both delivered in An. 1563. in which Year as also in part of the Year 1562. the Session in An. 5 Regin Eliz. was continued Post Meridiem The Archbishop of York the Lord Treasurer and the other Lords whose names are mentioned in the former part of this day with Sir Edward Rogers Knight Comptroller of her Highness Houshold and Sir William Cecill Knight her Majesties Principal Secretary and divers other Members of the House of Commons repaired to her Majesty this Afternoon being at her Palace of Whitehall to receive Answer from her Highness touching those two great businesses of her Marriage and the Declaration of her Successor as appeareth plainly by the Original Journal-Book of the House of Commons fol. 266. a. where the report of her Majesties Answer is set down which she gave this Afternoon although there be no mention at all thereof in the Original Journal-Book of the Upper House And that this was the cause and ground of their attending upon her Majesty at this time appeareth also plainly by a certain Manuscript Memorial or Diary kept and set down by Sir William Cecill her Highness Principal Secretary and afterwards Lord Treasurer of England of the passages of the greatest part of her Majesties Reign in which the words are as followeth Nov. 5. The Queen had before her thirty Lords and thirty of the Commons of the Parliament to receive her Answer concerning the Petition for the Succession and for Marriage But whether the Lords preferred their said Petition this Afternoon or whether they had supplicated her Majesty any time before doth not any where certainly appear neither can I possibly gather further than by conjecture and so it is most probable that though her Majesty had notice before what their Petition was yet it was not preferred till this Afternoon For but on Saturday Morning foregoing which was the second day of this instant November it is plain that the Committees of the House of Commons as appeareth by the Original Journal-Book of the same House on Thursday the 31 th day of October fol. 264. b. on which day the said meeting of the Committees was appointed did then meet to consider and agree upon such reasons as they should shew to the Committees of the Lords whereby they might induce her Majesty both to encline to Marriage and to declare a Successor And however Sir Nicholas Bacon Knight Lord Keeper of the Great Seal be not nominated in either of the Original Journal-Books of the Upper House and House of Commons to have been present with the before-mentioned Lords and others yet it is plain that if the said Petition was preferred this Afternoon or whensoever else it was delivered from his mouth as may be gathered from the very Petition it self ensuing and is so also expresly set down by M r Camden in Annal Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 99. and though he had abstained a while about this time from the Upper House by reason of his infirmity of the Gout yet he was now in the way of amendment and recovery repairing again to the said House on Saturday the 9. day of this instant November ensuing and therefore might very well meet the before-mentioned Lords and other the selected Members of the House of Commons at the Court this Afternoon So then it being most probable that the Lords did both prefer their Petition this Afternoon to her Majesty touching those two great matters of the Marriage and Succession and also received her Majesties Answer Therefore the said Petition doth here first ensue which the Lord Keeper pronounced in these or the like words following MOST humbly beseecheth your Excellent Majesty your Faithful Loving and Obedient Subjects all your Lords both Spiritual and Temporal Assembled in Parliament in your Upper House to be so much their good Lady and Soveraign as according to your accustomed benignity to grant a Gracious and Favourable Hearing to their Petitions and Suits which with all Humbleness and Obedience they are come hither to present to your Majesty by my Mouth in matters very nearly and dearly touching your most Royal Person the Imperial Crown of this your Realm and Universal Weal of the same which Suits for that they tend to the surety and preservation of these three things your Person Crown and Realm the Dearest Jewel that my Lords have in the Earth therefore they think themselves for divers respects greatly bound to make these Petitions as first by their Duty to God then by their Allegiance to your Highness and lastly by the Faith they ought to bear to their natural Country And like as most Gracious Soveraign by these Bonds they should have been bound to make the like Petition upon like occasion to any Prince that it should have pleased God to have appointed to Reign over them so they think themselves doubly bound to make the same to your Majesty considering that besides the Bond before-mentioned they stand also bound so to do by the great and manifold benefits they have and do receive daily at your Highness hands which shortly to speak be as great as the Fruits of Peace common quiet and Justice can give and this
with great care and charge to your Self And thus my Lords diversly bound as your Majesty hath heard are now to open to your Highness their humble Petitions and Suits consisting in two points chiefly which not sundrily or the one without the other but both jointly they desire your Highness to assent to The Former is that it would please your Majesty to dispose your self to Marry where it shall please you with whom it shall please you and as soon as it shall please you The second that some such limitation might be made how the Imperial Crown of this Realm should remain if God call your Highness without Heirs of your Body which our Lord defend so as these Lords and Nobles and other your Subjects then living might sufficiently understand to whom they should owe their Allegiance and Duty due to be done by Subjects and that they might by your Majesties Licence and with your Favour treat and confer together this Parliament time for the well-doing of this The former of these two which is your Marriage they do in their hearts most earnestly wish and pray as a thing that must needs breed and bring great and singular comfort to your Self and unspeakable joy and gladness to all true English Hearts But the second carrieth with it such necessity that without it they cannot see how the safety of your Royal Person the preservation of your Imperial Crown and Realm shall be or can be sufficiently and certainly provided for Most Gracious and Soveraign Lady The Lamentable and pitiful Estate and Condition wherein all your Nobles and Councellors of late were when it pleas'd God to lay his heavy hand upon you and the amazedness that most men of understanding were by the Fruit of that Sickness brought into is one cause of this their Petition The second the aptness and opportunity of the time by reason of this Parliament whereby both such advice consideration and consent as is requisite in so great and weighty a cause may be better heard and used than at any other time when no Parliament is The third for that the assenting and performing of these Petitions cannot as they think but breed great terror to our Enemies and therefore must of necessity bring great surety to your Person and especially by addition of such Laws as may be joined with this limitation for the certain and sure observing of it and preserving of your Majesty against all practices and chances The fourth Cause for that the like as it is supposed hath been done by divers of your Noble Progenitors both of old time and of late days and also by other Princes your Neighbours of the greatest Estate in Europe and for that Experience hath taught that good hath come of it The fifth for that it appeareth by Histories how that in times past persons Inheritable to Crowns being Votaries and Religious to avoid such dangers as might have hapned for want of Succession to Kingdoms have left their Vows and Monasteries and taken themselves to Marriage as Constantia a Nun Heir to the Kingdom of Sicily Married after fifty Years of Age to Henry the Sixth Emperour of that name and had Issue Frederick the Second And likewise Peter of Aragon being a Monk Married the better to establish and pacify that Kingdom Again Antonius Pius is as much commended for that not two days before his Death he said to his Council Laeto animo morior quoniam filium vobis relinquo Pyrrhus is of all Godly men detested for saying he would leave his Realm to him that had the sharpest Sword What but want of a Successor known made an end of so great an Empire as Alexander the Great did leave at his Death The sixth cause is for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods Lands and Lives in your Service according to their bounden Duties which of necessity must breed great surety also to your Majesty The seventh cause because the not doing of this if God should call your Highness without Heir of your Body which God grant never be seen if it be his Will and yet your Majesty right well knoweth that Princes and their Off-spring be they never so great never so strong never so like to live be yet Mortal and subject every day yea every hour to Gods Call my Lords think this happening and no limitation made cannot by their Judgments but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm by the Factions Seditions and Intestine War that will grow through want of understanding to whom they should yield Allegiance and Duty whereby much innocent blood is like to be shed and many of those to lose their Lives that now would gladly bestow them for your sake in your Majesties Service The eighth for that the not performing of this the other happening doth leave the Realm without Government which is the greatest danger than can happen to any Kingdom For every Prince is anima Legis and so reputed in Law and therefore upon the Death of Princes the Law dyeth all the Offices of Justice whereby the Laws are to be Executed do cease all Writs and Commandments to call parties to the Execution of Justice do hang in suspence all Commissions for the Peace and for the punishment of Offendors do determine and lose their force whereby it followeth consequently that Strength and Will must Rule and neither Law nor Reason during such a Vacation and inter-Reign wherein such an incertainty ofSuccession is like to last so long as it is to be feared if Gods mercy be not the greater that thereby we may become a prey to Strangers which our Lord defend or at least lose the great honour and estimation that long time hath pertained to us And like as most Gracious Soveraign my Lords have been moved for the Worldly respect aforesaid to make these their humble Petitions to your Majesty so by the Examples Counsels yea and Commandments that they have heard out of the sacred Scriptures and for Conscience sake they feel themselves constrained and enforced to do the like God your Highness knoweth by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life and on the contrary he hath pronounced contrary wise and therefore Abraham pray'd to God for Issue fearing that Eliazar his Steward should have been his Heir and had promise that Kings should proceed of his Body Hannah the Mother of Samuel pray'd to God with tears for Issue And Elizabeth whose name your Majesty beareth Mother to John the Baptist was joyful when God had blessed her with Fruit accounting her self thereby to be delivered from reproach And as this is a blessing in private Houses so is it much
communi assensu conclusa On Tuesday the 3 d day of December Three Bills had each of them their second reading of which the two last were one for avoiding tedious Suits in civil and marine Causes and another to alter the nature of Gavelkind in the Lands of Thomas Brown Esq On Wednesday the 4 th day of December Two Bills of no great moment had each of them one reading of which the second being the Bill for Confirmation of certain priviledges granted by the Queens Majesty for converting of Copper into Latten and for the viewing and searching all other kinds of Metals and Treasures was read primâ vice The Bill that in divers Counties there shall be but one Sheriff of one County was committed to the Earl of Huntington Viscount Mountague the Bishop of Hereford the Lord Mountjoy the Lord Darcie the Lord Willoughby the Lord North Justice Brown and the Attorney General On Thursday the 5 th day of December Two Bills had each of them one reading of which the second being the Bill for Confirmation of certain Priviledges granted by the Queens Majesty for the converting of Copper into Latten and for the mining and searching of all kind of Treasures and Metals was read secundâ vice commissa The Bill also for the repeal of the Statute made Anno 7 Edw. 6. for the prices of Wines sold by retail was read tertiâ vice communi omnium Dominorum Spiritualium majore parte Dominorum Tempor consensu quassata est Four Bills were brought up to the Lords from the House of Commons of which the two last were one for the Town-Clark of York and another touching the Patents made for making of Allom and Copperas within the Realms or Dominions of the Queens Majesty On Friday the 6 th day of December Three Bills had each of them one reading of which the second being the Bill touching Letters Patents made for the making of Allom and Copperas within the Realms or Dominions of the Queens Majesty was read primâ vice On Saturday the 7 th day of December Six Bills had each of them one reading of which the fourth being the Bill to alter the nature of Gavelkind in the Lands of Thomas Brown Esq was read tertiâ vice communi omnium Procerum consensu conclusa dissentiente Vicecomite Mountague The Bill also for Execution of penal Laws was read secundâ vice communi omnium Procerum assensu conclusa est cum quadam Schedulâ annex deliberat Servienti Carus Attornato General in Domum Communem deferend On Monday the 9 th of December Three Bills had each of them one reading of which the first being for repeal of the Act made Anno 22 Hen. 8. for the Stature of Horses was read tertiâ vice communi Procerum assensu conclusa On Tuesday the 10 th day of December Six Bills had each of them one reading of which the third being the Bill for the Bowyers of Westm. c. And the fourth for the confirmation of Letters Patents made for the making of Allom and Copperas were each of them read tertiâ vice communi omnium Procerum consensu conclusae After the reading of the three first Bills this day three Bills were sent to the House of Commons by Serjeant Carus and the Attorney General viz. the first for the Stature of Horses The second for the Bowyers of Westm. And the third for Allom and Copperas Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Mercurii viz. undecim Decembr On which eleventh day of December the Lords met but nothing done but the Parliament continued in usual Form by the Lord Keeper until Thursday the next day following On Thursday the 12 th day of December Two Bills had each of them one reading of which the second being the Bill for the Office of Town-Clark of the City of York was read tertiâ vice communi omnium Procerum assensu conclusa quae deliberat fuit Servienti Carus Generali Attornato in Domum Communem deferend pro certis causis emendand and to them was delivered the Bill of Subsidy Four Bills had each of them one reading of which the second being the Bill for Confirmation of the late new Erected Deaneries and Prebends was read secundâ vice and committed to the Archbishop of York the Earl of Huntington Viscount Mountague the Bishop of Durham the Bishop of Chester the Bishop of Lincoln the Bishop of Bath the Lord Paget the Lord Hastings of Loughborough the Lord S t John of Bletsoe Justice Welch Serjeant Carus D r Huick and D r Yale Four Bills were sent up to the Lords from the House of Commons and delivered after the reading of the Bill last before-mentioned of which the two last were one touching Foreign Wares and Apparel sold by Merchants in gross which had its first reading And another to explain a branch of a Statute made Anno 27 Henr. 8. touching Colledges and Free-Chappels On Friday the 13 th day of December a Proviso added to the Bill that in divers Counties there shall be but one Sheriff in one County was read primâ vice commissa ad ingrossand The Proviso added to the Bill for the Assurance of the Jointure of the Lady Mary Wife to Edward Lord Stafford was read secundâ vice Three Bills had each of them one reading of which the last being the Bill touching Explanation of a branch of a Statute made 37 Henr. 8. concerning Colledges and Free-Chappels was read primâ vice On Saturday the 14. day of December Five Bills had each of them one reading of which the second being the Bill for the punishment of Riots and Routs and unlawful Assemblies was read secundâ vice commissa Archiepiscopo Ebor. Duci Norfolciae Comiti Salop Comiti Huntington Comiti Leicester Vice-Comiti Mountague Episcopis London Dunelmen Winton Domino Morley Domino Cobham Domino Paget Domino North Domino Hunsdon duobus Capital Justiciar Attornato General ad considerand emendand After the reading of the first Bill two Bills were brought from the House of Commons of which the second being the Bill for Uniformity in Doctrine was read primâ vice On Monday the 16. day of December to which day the Parliament had been last continued on Saturday foregoing Four Bills had each of them one reading of which the first being the Bill that in divers Counties there shall be but one Sheriff cum quadam Provisione conclusa est And with the Bill for Alneagers Seals and the Bill for Tryals in Merionethshire was sent by Serjeant Carus and M r Attorney General to the House of Commons On Tuesday the 17. day of December Three Bills had each of them one reading of which the first being the Bill for the repairing the Piere of Hartland in Devon was read secundâ vice but no mention is made either of the committing of it to be ingrossed or referring of it to Committees Vide de istâ materiâ
offence of his Conscience be silent Albeit he would acknowledge willingly that many hundreds of that Honourable and Worshipful Assembly were well able to teach him and he indeed willing to learn of them all the matter of his grief was that matters of importance standing us upon for our Souls stretching higher and further to every one of us than the Monarchy of the whole World were either not treated of or so slenderly that now after more than ten days continual consultation nothing was thereon concluded This Cause he shewed to be Gods the rest are all but Terrene yea trifles in comparison call you them never so great or pretend you that they import never so much Subsidies Crowns Kingdoms he knew not he said what they were in comparison of this this he said I know whereof he most thanked God primum quaerite Regnum Dei caetera omnia adjicientur vobis This Rule is the direction and this desire shall bring us to the light whereupon we may stay and then proceed unto the rest for in his word and by him we learn as saith S t Paul to correct reform c. Our true home certainly is not here Non habemus hîc permanentem Civitatem and the Justice of God moved Terror unto all which he seemed to mean concerning the Bill before-mentioned of Strickland's Propositions And so did set it forth with vehemency that there lacked no modesty and with such Eloquence that it neither seemed studied nor too much affected but grave and learned throughout and no whit too long but very well approved of And after him M r Snagge and far after him indeed either for order proof or matter he entred into the discourse of Strickland's Articles and seemed to maintain them this namely not to kneel at the receiving of the Communion but rather if a Law hereof should be made to lye prostrate to shun the-old Superstition or otherwise to set every man at liberty and in this behalf to do according to his Conscience and Devotion he judged it to be nothing derogatory or contrary to the Prerogative And the directions he thought fit to be left out of the Book which should be a Law c. After which Arguments it was upon the question agreed That a Petition should be made by this House unto the Queens Majesty for her Licence and privity to proceed in this Bill before it be any further dealt in The Bill for the Commission of Sewers was read the third time and after some Arguments passed upon the Question and was sent unto the Lords by M r Treasurer and others The Bill against Licences and Dispensations granted by the Archbishop of Canterbury was put to the question Whether it should be read or no It was over-ruled in the affirmative and had thereupon its first reading After which M r Alford although a Bill be not usually spoken unto until after the second reading spake against the Bill and endeavoured to prove that Licences for Marriages in some cases might be needful and that Dispensations also for non-residence might upon some occasion be of great necessity as if a Minister should be imployed upon some Foreign Ambassage or other matter of great weight M r Yelverton much disliked as it should seem M r Alford's Speech and spake very vehemently in maintenance of the Bill alledging that as he thought no good Christian could be against it in respect that by the very words of the Bill it appears that it was only framed for the suppression of such Licences and Dispensations as were contrary to the Word of God M r Dalton spake next against the Bill and grounded his opinion only upon this vain supposition That a Bishop can do nothing contrary to the Word of God M r Beadle spake next in maintenance of the Bill but the substance of his Speech is so briefly and imperfectly set down as it cannot be gathered what his Reasons were M r Manwood spake very judiciously and moderately allowing well the scope and meaning of the Law but wished that in respect it mentioneth the redress of many Grievances those same Grievances might first be particularly made known to the House before the Bill were any further proceeded in M r Fleetwood approved the Bill yet spake not directly for it but very covertly guirded at the Ecclesiastical Judges and the Office of Faculties shewing also in the conclusion of his Speech that Livings are given to Ministers for the instructing the King and his People and for the keeping of House and other deeds of Charity all which if they were absent by dispensation he inferred must of necessity be neglected Serjeant Lovelace lastly as it should seem concluded further Speech in this business shewing the use and commodity of this Bill in question but doubted that there was not power enough given therein nor sufficient remedy provided for redress of the mischiefs thereby supposed to grow by reason of the Granting the aforesaide Licences and Dispensations Upon which it should seem that some Members of the House were appointed to consider of the said Bill but their Names are not found in the Original Journal book of the House of Commons or in that before-cited Anonymous Journal out of which both the preceding and ensuing Speeches are transcribed M r Norton made a Motion by Warrant of this Court by the wisdom and godly care which in matters of weight was to be imployed That to avoid the shameful and most hateful usage amongst the Ecclesiastical Judges for delivering of Clerks convict upon their Oaths and the manifest Perjury there by their Law against the Law committed some order might be taken He proved it might not be said a Liberty of the Church except they will claim a liberty to sin wherein indeed their principal liberty hath stood and for the which they have not spared to hazard nay to give both their bodies and Souls to become Traitors to God and Man Thus did that Rebel Bishop Becket whose principal quarrel and chief cause of all his stir was that the King would have punished one of his Mark a Priest for an abominable Incest committed by him which trifling fault forsooth this Holy Saint could not endure to be rebuked by a Temporal Judge Et hinc illae irae He shewed it could not be termed a Priviledge and incouragement to Learning since it was no other but a Cloak for their Naughtiness and for such as might be of the Popes Sect as well appeared in that it was allowed to none but to such as might enter their Holy Orders and not to one that had two Wives He shewed at large the Circumstance of their practised Order upon the purgation of such Clerks declaring of truth so disordered and hateful doings that the whole House resolved to take care for redress There was then next after by the Policy of Sir Humphrey Gilbert a Motion made by one to have in talk the griefs which before had been uttered in the House concerning the deceitful
the Loan money it is not mine And the Law is that Mutuum must ever be free And here he shewed the difference between Location and Mutuum the one implying a contract the other none He remembred out of Ezechiel and other the Prophets sundry places of Scripture and vouched S t Augustines saying that to take but a Cup of Wine is Usury and Damnable This he seemed to say in Answer to that which had been before pronounced that it was not Usury except it were Morsus He shewed that loss may grow by Usury First to the Queen then to the Common-Wealth To the Queen in this that men not using their own money but finding great gain in Usury do imploy the same that way so that her Customs must decrease To the Common-Wealth for that who so shall give hire for money is to raise the same in the sale of his Commodity All Trades shall be taken away all occupations lost for most men seeking most ease and greatest gain without hazard or venture will forthwith imploy their money to such use He shewed it to be so hateful in the Judgment of the Common Law that an Usurer was not admitted to be a Witness nor after his Death to the common Sepulchre of Christians And for that his Discourse had been long he inserted as he said this Tale for recreation of the Hearers In Italy Quoth he a great known Usurer being Dead the Curate denied him the common place of Burial his Friends made Suit the Priest would not hear in fine the Suitors bethought them of a Policy to bring it to pass that he might be Buried in the Church which was this The Parson of the Church did accustomably use to carry his Books daily from his House to the Church on his Ass and the Ass by often going needed not to be driven but knowing his Journey as soon as he was laden would of himself go to the Church Door they desired the Parson his Ass might carry the dead Body and where it should stay the Body to be Buried To so fond a request the Priest agreed the Body was laid on the Ass who feeling a greater burthen than he was used to bear did run towards the Town never staying until he came to the common place of Execution This Tale merrily told he again entred to his matter and proved the Condemnation of Usury and Usurers by the Authority of the Nicene and divers other Councils He shewed that the Divines do call Usury a Spider a Canker an Aspis a Serpent and a Devil he shewed how in nature the offences of Homicide and Usury are to be compared and by Examples proved the ruins of divers Common-Wealths when such practices for gain are suffered as that of the Common-Wealth of Rome c. The manner of Exchange now used in London and how much abuse he shewed a thing in old time not practised but by the King as in Ed. 3. time when thereby the King obtained such Treasure and such excessive Wealth that it was first wondred at then guessed that it grew by the Science of Alchymy He here shewed the practice of the Low-Countries of Germany and namely the doings of Fulchers to the very beggering of great and mighty Princes he vouched the authority of Sir John Cheek in that place concerning that matter and the mind of the ancient English Law-Writers who say that the offence of Usury in Life the Bishop is to punish but after his Death his Executors shall not have his goods but they appertain ad Fiscum He concluded that the offence in his Conscience should be judged Felony M r Bell said This matter being so ample had occasioned much Speech and was for cunning men a fit Theme to shew their Wits and skills upon Yet saith he it standeth doubtful what Usury 〈◊〉 we have no true definition of it And in our Laws we have little written thereon but this Usura non currat super Infantem And not much more but to Answer the Objections where it is pretended that the not punishing of it by the temporal Judge may seem to be an approbation of it or to leave it to the Church may seem as if we had no care concerning it for that to put over an offence to another Judge may not be so said if to the Church it may appertain and they may well correct it He further shewed that the priviledge of the Church is by Statute upon this point to be expressed namely in the Statute de Articulis Cleri He said we must not curiously search Cicero's Paradoxes and pronounce that Peccata sunt aequalia hoc est quod omne peccatum est peccatum and no further but be every man according to his transgressions to make a reasonable pain though he who stealeth two pence doth as well steal as he who stealeth an hundred pounds yet there are degrees we have Petit Larceny and that which is greater both faults both to be punished both to be hated but difference there is in punishing even according to the greatness and smallness of the offence for the one there is Death for the other not so In the Statute for punishing of Perjury 5 o of this Queen there are sundry degrees of Perjury not for that there is less Perjury in the one than in the other but that there is greater hurt occasioned in the one than in the other In Answer of the Scripture he said the Law of God is If thou be stricken on the one Cheek to turn the other or if thy Cloak be taken away to give also thy Gown The literal sence is not to be taken and as there is cause a reasonable construction must be So he concluded that though it were a sin yet it was to be punished here on Earth according to the good or bad or rather according to the greater or lesser hurt which groweth thereby After which one whose name is not expressed in the said Anonymous Journal endeavour'd the Answer of M r Wilson but with a Protestation of his insufficiency and then he shewed how the Divines have not agreed what is Usury but for his own part he was to incline to the opinion of the Learned of these days whose interpretation of litteral sence and skill of the Tongues do appear which took that for no Usury which is without grievance He made a difference of the Law of God concerning the Divine Majesty contained in the first Table and what is concerning man in the second Table saying that nothing is to be said in that degree sin in it self but by the circumstances for so it is known whether it be good or bad To kill is prohibited yet sometimes not to kill is evil Phineas killed and was therefore commended And Thefts at times have been in Scriptures approved So likewise Usury is allowed of in the Scriptures but that it might be used to Strangers only Albeit the Chosen Children of God amongst themselves might not use it But let be whether
an Error to stand The said Speech therefore of the Lord Keeper pronounced by her Majesties Commandment was as followeth viz. THE Queens Majesty our most Dread and Gracious Soveraign Lady hath given me Commandment to declare unto you the Causes of the Summons of this Assembly for a Parliament to be holden here at this time wherein albeit I mean to imploy my whole endeavour to the uttermost of my power and understanding yet I must needs confess that neither shall you have it done as the Majesty of this presence neither as the gravity of the Cause requireth it to be done And yet the often Experience that I have divers and sundry times had of the Queens Majesties great benignity and gentleness in bearing with and well accepting the doings of those that to her Service put their good wills and diligences And besides all the proof of your Patience in the like matter hath so much encouraged me that as I trust it shall be done although not cunningly nor eloquently yet plainly and truly so as it may be well understood and easily born away and therewith also as briefly as the greatness of such a matter will suffer True it is the original and principal cause is that things there propounded may be orderly and diligently debated deeply considered and thereupon wisely concluded And to the end also that those Conclusions so made the rather for such an universal Consent as in Parliament is used remain firm and stable Now the matters that are in this Parliament to be proved do consist altogether in two parts The former is in matters of Religion for the better maintenance of Gods Honour and Glory The second in matters of Policy for the more perfect upholding and establishing of the Queens Majesties Royal Estate and the preservation of the Common-Weal committed to her Charge The Causes of Religion are again to be divided into two that is into matters of Doctrine and Discipline The thing of Policy I mean also to part into other two that is into matter concerning the good Government of the Subjects at home and into causes of defence against the Enemy abroad And thus by this Process you see you are as indeed you ought First To consider in this your Assembly of Gods cause which faithfully sincerely and diligently done like as it cannot but bring success to all the rest so likewise lukewarm deceitful and double-dealing therein cannot but breed nourish and bring forth Factions Divisions Seditions c. to the great peril and danger of all the rest And the greater that the personages be in Authority and Dignity that thus deal the greater of necessity must be the danger of the Common-Weal And because Gods Law and Doctrine being the first Law and branch must light upon our selves that ought to take the benefit of it as first and chiefly upon Ministers of this Doctrine either for not preaching and teaching by word and example of life so purely and reverently as they might or else not so diligently as they were bound And secondly upon us for not hearing it so desirously or else hearing it and forgetting it or not following it so effectually as we should Thirdly For that many of us of the Laity do not yield and give that estimation countenance and credit to the Ministers of his Doctrine which of right they ought to have and that many greatly hurt the setting forth of it For this one thing may be holden firm by the Rules of good Government that all Officers both Spiritual and Temporal that have Governance during the time of their Offices ought to be preserved in Credit and Estimation For how can any thing be well set forth by them that want Credit Marry for my part let the time of their Offices last as their doings do deserve Fourthly Because the want of the number of Ministers that ought to be and be not and for the insufficiency of those that be for diverse respects But therein the Queens Highness doubteth nothing but all that which the difficulty of time in so great a scarcity of men meet to be Ministers will suffer to be done shall by my Lords the Bishops be done in this behalf and that as speedily diligently and carefully as can be And if any person admitted or to be admitted to this Ministry shall hereafter either of Arrogancy or Ignorance show any strange Doctrine contrary or varying from that which by common consent of the Realm is published to the breach of Unity that he by those to whom it appertaineth sharply and speedily be reformed all favour and fear set apart Thus much for Doctrine You are most earnestly also to think and consider of the Discipline of the Church as one of the strong Pillars of Religion which doubtless at this time hath two great lacks The first the imperfection of Laws for the countenance of it which hath grown either by reason that sundry of the Ordinances made for that purpose be disused or otherwise have not their force or else for that most of the Laws that remain be such as for their softness few men make account of The second imperfection is the slothfulness corruption and fearfulness of the Ecclesiastical Ministers and Officers in the due Execution of those Laws that be good and yet continue True and too true it is that hereby at this present two great Enormities daily grow The former that men of wealth and power given to be evil may in their Countries live what dissolute and licentious life they list and both Temporally and Spiritually offend daily in all the branches of Simony the very Canker of the Church without feeling of this Discipline The second That many of the laudable Rites and Ceremonies of the Church or pertaining to the Ministers of the same agreed upon by common consent the very Ornaments of our Religion are very ill kept or at least have lost a great part of their Estimation And here through the many faults for want of Discipline to remember you of one particular matter of great moment How cometh it to pass that the common people in the Country universally come so seldom to Common-Prayer and Divine Service and when they do come be many times so vainly occupied there or at least do not there as they should do but for want of this Discipline And yet to the help of this there was at the last Parliament a Law made but hitherto no man no no man or very few hath seen it Executed as plainly to speak Laws for the furtherance of this Discipline unexecuted be Rods for Correction without Hands It cannot be denied but as Superstition is every way to be abhorred for fear of Idolatry so certainly the loss of this Discipline is always to be avoided lest else contempt that necessarily must follow may cause Irreligion to creep faster in than a man would think For of all other it is the most pestilent and pernicious thing never suffered nor allowed in anyCommon-Weal nay not amongst the
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
of Munition for the Realms defence marvellously consumed The Navy and Sea matters nothing in the State they now be was forced to give Ear to a Peace with some other Conditions than else it is like her Highness would have come to to the end that these dangerous defaults might be in the time of Peace sufficiently for the security of the Realm provided for Whereupon indeed her Highness Peace being concluded entred into the reforming and supplying of most of all those great lacks and for the well-doing of them hath not forborn to take any care or pains neither hath she sticked for the compassing of this both to spend her own Treasure to sell her own Lands to prove her own Credit at home and abroad to the uttermost and all this for our Sureties and quiet Here want the Causes why the Queens Highness sent her Forces to lie in assisting the Admiral and others against the Guises and a Declaration of the great charges that grew thereby Thus have you heard the sum of those Proceedings whereby it is plain and evident that as our most Dear and Gracious Soveraign Lady hath for the preservation of common quiet and for our own Surety against the common Enemy for born no care or travel in the devising no more hath she charge or expence in the performing I may safely affirm it because I am well able to prove it that the Charges of the managing of these Affairs and that that hath been done since the Queens Majesty came to the Crown in supplying the dangers aforementioned amount to as much as two of the greatest Subsidies that I can remember a matter not possibly to be born for that which is past nor to be continued for that which is to come by the ordinary Revenue of the Crown and yet of necessity to be done except all which God forbid should run to ruine If when any part of the natural body happeneth to be in danger the head and every part hasteth to the relief what would then be done trow ye when peril is offered that the Head should take the whole care and bear the whole burthen and all the Members remain uncareful and uncharged therewith How light a burthen it is when it is born of many is understood of us all But hereof I make a stay because there is no doubt your good wills and towardness upon these Considerations be such as this last Speech of mine needeth not and so doubtless the Queens Highness taketh it And yet your Wisdoms well know that the Office of this place which I occupy craveth thus much to be said at my hands and for that purpose chiefly could I trust you take it and not for any necessity to draw them by perswasion that otherwise of their own disposition be forward enough The Declarations of the Proceedings being uttered I do assure my self to suffice to men of your understanding and inclination For how can a man think that any is so void of reason that he would not gladly offer any aid against a Foreign Enemy that he were able to make for the safety of his own Country his Soveraign himself his Wife and Children especially when by reason it is plain that the Queens Majesty hath already and daily doth imploy her own Treasure yea and her Lands and Credit not in any Glorious Triumphs superfluous and sumptuous Buildings of delight vain and chargable Embassages neither in any other matters of will and pleasure I mean no Expence to be noted in a Prince of thirteen Years Reign but as far as man can judge in the Service of her Realm and necessary defence for her people and for the annoyance of the Enemy Yet hath it been seen ere this that Princes Wills Pleasures and Delights have been followed in Expences as necessities And now God be thanked the doings have been such since the Queens Highness Reign that to the indifferent man it will be probable and plain that the relieving of the Realms necessity is become the Princes Delight a good Change God continue it a marvellous good Example for us to follow and yet it is scant credible how long it was and in the end with what difficulty the Queens Majesty came to agree that this Example should be followed by us in being content that this Parliament should be Summoned that it might be moved that the Realm might contribute to the Realms defence with such difficulty indeed that if any other way could have been devised her Honour and Realms Surety saved this had never been attempted So loth she is to any offensive matter by burthen or charge that if any other way could have been devised this had not been and so from her own Mouth she Commanded me to say unto you Oh what a grief it is to a Prince trow you when he findeth such want that he is not able so to consider of the Service of his Servants and Subjects this dangerous and necessary Service as their deserts do crave knowing that most commonly the very life and heart of the Servant and Souldier which so often offereth himself to the Cannon the Pike the Fire is either over-thrown or set up as regard is had of his perils Except there be some odd men as they call them of that perfection that virtue and well-doing is their mark and not reward who hold for firm that Recti facti merces est fecisse tantum but Rara avis in terris c. Yea those are so rare as counsel cannot be given that Princes Service should hang on the help of such hope and yet these be the perfectest and best but the World is not served by such To give good words is a good thing but often used albeit never so cunningly without Deeds or Service is reputed but as Wind and is indeed dare verba Marry power serving not then it deserveth great Commendations for it is as much as can be done for ultra posse non est esse But hereof thinketh little the greatest number But to a Prince who thinketh thus much and daily thinketh and feeleth of it what a tormenting trouble is such a want think ye These wants when they happen would be ought to be most holpen But here I have troubled you further than I meant or perchance needed If I have so done I pray you apply it to the best as I meant it and so there must needs come good of it And thus no further to trouble you but to make an end You have heard First the causes of this Assembly Secondly What I think meet to be remembred Thirdly What for the Governance of the Subject at home and what hath been done for the defence of the Enemy abroad your Offices and Duties to be careful to consider of these matters which I have the rather summarily remembred than effectually discoursed upon The former pertaineth to my Office as a Remembrancer The second to you as Executors of these remembrances And because you of the Nether House cannot
of this days Passages as also the greatest part of the business of this ensuing Parliament out of the said Original Journal-Book of the same This day Arthur Hall Esq being brought by the Serjeant to the Bar and Charged by the House with seven several Articles humbly submitted himself to the House and confessed his folly as well touching the said Articles as also his other fond and unadvised Speech at the Bar and was upon the question remitted with a good Exhortation given him by M r Speaker at large Vide concerning this matter on Saturday the 17 th day of this instant May foregoing The Bill for the Jurors of Middlesex was committed unto M r Robert Wroth M r Newdigate M r Dalton M r Cromwell and M r Gent. On Tuesday the 20 th day of May the Bill for the Assurance of Lands late of Sir William and Sir Thomas Woodhouse Knights deceased was read the first time and referred unto Sir John Thynne Sir Robert Wingfield M r Moore M r Grimston M r Norton and M r Snagg to confer with the Parties and their Friends touching their Assents to the proceeding of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for the Town of Shrewsbury was read the third time and passed the House The Proviso to the Bill of Decem tales was twice read and the Bill and Proviso were Ordered to be ingrossed The Bill for Rites and Ceremonies was read the third time and referred to be considered by M r Treasurer Sir Thomas Scott M r Attorney of the Dutchy and others who were appointed to meet this Afternoon in the Star-Chamber On Wednesday the 21 th day of May the Bill between Chatterton and Chatterton was read and committed unto Sir Nicholas Arnold Sir Hen. Gates Sir George Penruddocke Sir Hen. Wallop and M r Cromwell who were appointed to meet here to Morrow Morning at six of the Clock The Bill for the Earl of Kent was read the first time Francis Harrington Esq being one of this House was appointed by the Queens Majesties most Honourable Privy-Council to repair forthwith to the Town of Stamford or thereabouts for her Majesties Service as by his Commission for taking of Post-Horses bearing date the 20 th day of this Month doth and may appear which M r Speaker Commanded to be set down and noted accordingly The Bill for the Earl of Kent was committed unto M r Attorney of the Dutchy Mr. Popham Mr. Bedell Mr. Sandes Mr. Fenner Mr. Dalton Mr. Shute and Mr. Matthew Dale and the opinion of the House was to leave out the general clause contained in the said Bill The Bill for Tales de Circumstantibus was read the third time and passed the House and was sent up unto the Lords with two other Bills of no great moment by Mr. Treasurer and others with further Order from this House to make Declaration unto the Lords of the Choice made by this House upon Monday last in the great Cause And also to desire to understand their Lordships liking of the same Choice and further to pray their good advice and pleasure for further proceeding therein Two Bills also of no great moment had each of them one reading of which the first being the Bill touching Presentations by lapse was read the second time and Ordered to be ingrossed Mr. Treasurer and the residue returning from the Lords Mr. Treasurer made report of their Message done to the Lords and declared that the Lords had resolved in the great cause amongst themselves much to the like effect with the former Choice made by this House And that their Lordships for the better and more speedy proceeding therein do pray present Conference with the former Committees of this House who are by the House appointed to attend their Lordships presently for that purpose And further Commission also was granted to the said Committees to impart unto the Lords Committees the Opinion of this House to be that for her Majesties better safety present Execution be done upon the Duke And the rather by reason of the tract of time which of necessity must arise by occasion of proceeding against the Queen of Scots by way of Charging her in proper Person and hearing of her Personal Answer And further that this Opinion of this House shall be delivered to the Lords of the Upper House in the name of all this House either by the said Lords Committees or else by some of this House if the said Lords Committees shall so advise and think good Vide concerning this matter on Thursday the 26 th day of June ensuing Three Bills lastly had each of them one reading of which the last being the Bill against Hunting and Killing of Conies was upon the first reading rejected On Thursday the 22 th day of May Three Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Callivers Daggs c. was upon the first reading committed unto Mr. Treasurer Sir Maurice Berkeley Sir Nicholas Arnold Sir Henry Wallop and others who were appointed to meet to Morrow in the Star-Chamber at two of the Clock in the Afternoon The Bill for Weekes against Dennis c. was committed unto Sir John Thinne Sir Henry Gates Sir Hen. Wallopp Sir Geo. Turpin and Mr. Moore and others who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Star-Chamber The Bill against Vagabonds and for relief of the Poor was read the second time and referred to be considered by Sir Henry Gates Mr. Serjeant Lovelace Mr. Yelverton and others who were appointed to meet in this House to Morrow at six of the Clock in the Morning Upon Declaration made unto this House by Mr. Speaker from the Queens Majesty that her Highness Pleasure is that from henceforth no Bills concerning Religion shall be preferred or received into this House unless the same should be first considered and liked by the Clergy And further that her Majesties Pleasure is to see the two last Bills read in this House touching Rites and Ceremonies It is Ordered by the House that the same Bills shall be delivered unto her Majesty by all the Privy-Council that are of this House Mr. Heneage and Mr. Doctor Wilson Master of the Requests or by any four of them The Bill to avoid the multitude of Rogues and Vagabonds was read the first time Upon the reading of the Bill Exhibited by Weekes against Dennis it was Commanded by the House to be set down and Entred that in all matters preferred and offered to this Court between any private persons and wherein the Bill shall by Order of this House be thought good to be committed those Committees shall make their Reports thereof unto this House in the presence of both the Parties and of their Learned Councel Three Bills lastly of no great moment had each of them one reading of which the third being
the Bill for the Jurors of Middlesex was upon the second reading committed unto Mr. Robert Wroth Mr. Newdigate Mr. Dalton Mr. Cromwell and Mr. Gent. On Friday the 23 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill for the City of Worcester was read the second time and Ordered to be ingrossed Mr. Comptroller in the name of all the Committees in the great cause declared from her Majesty her very good and thankful acceptation of the great care of this House for her Majesties Safety and that moved partly in Conscience and partly in Honour minding to defer not to reject the determination of this House to proceed in the Choice of a Bill against the Scottish Queen in the highest degree of Treason both in Life and Title liketh better with all convenient speed to proceed in a second Bill to the other part of the said former Choice which her Majesties pleasure was should be signified unto this House by those of her Privy-Council being of this House and so likewise to the Lords by some others of her Privy-Council being also of that House Vide concerning this business on Thursday the 26 th day of June following Upon a Motion made by Mr. Speaker it was agreed by the House that the former Committees shall signifie unto the Lords of the Upper House that after Declaration made unto this House from her Majesty of her disposition to have the second part of the former choice proceeded in with Expedition and to defer and not to reject the first part of the same This House nevertheless with one whole voice and consent do still rely upon the said first part as most necessary without any liking or allowance of the second And further to make request unto the Lords to understand whether upon the like report of her Majesties like pleasure declared unto their Lordships that they of that House do think good nevertheless to continue the proceeding with the former Choice like as this House doth and if yea then to confer further with their Lordships for their good advices and joining therein accordingly And also to signify unto their Lordships that the whole opinion of this House is that her Majesties safety cannot stand without Execution of the Duke this present Session And that it might please their Lordships in Petition thereof unto her Highness to join with this House Vide concerning this matter on Saturday the 31 th day of this instant May ensuing Four Bills also of no great moment had each of them one reading of which the last being the Bill for Weights and Measures was upon the second reading committed unto Sir Nicholas Arnold Sir Owen Hopton Sir Rowland Hayward Mr. Recorder of London Mr. Thomas Browne Mr. Stanhope and others who were appointed to meet to Morrow in the Afternoon in the Temple Church Mr. Treasurer reported to the House the delivery of the two Bills of Rites and Ceremonies to her Majesty together with the humble request of this House most humbly to beseech her Highness not to conceive ill opinion of this House if it so were that her Majesty should not like well of the said Bills or of the Parties that preferred them And declared further that her Majesty seemed utterly to mislike of the first Bill and of him that brought the same into the House and that her Highness express will and pleasure was that no Preacher or Minister should be impeached or indicted or otherwise molested or troubled as the preamble of the said Bill did purport adding these comfortable words farther that her Majesty as Defender of the Faith will aid and maintain all good Protestants to the discouraging of all Papists Two Bills also of no great moment had each of them one reading of which the first being the Bill for the Free Grammar-School of Tunbridge was read the first time and committed unto M r Recorder of London M r Coleby M r Norton M r Matthew Dale who were appointed to meet upon Monday next in the Afternoon in Guildhall M r Attorney and M r Sollicitor brought word from the Lords that touching the Petitions lastly made unto them this present day by this House their Lordships will to Morrow at eight of the Clock in the Forenoon have Conference together therein and so then make Answer of them unto this House On Saturday the 24 th day of May Four Bills of no great moment had each of them one reading of which the last being the Bill against injuries offered by Corporations in the City of London to divers Foreign Artificers was read the first time and committed unto M r Seckford Sir Owen Hopton Sir Rowland Hayward M r Moor and M r Cure who were appointed to meet upon Monday next at three of the Clock in the Afternoon in the Guildhall M r Serjeant Barham and Doctor Huick brought from the Lords three Bills viz. The Bill of Tales de circumstantibus heretofore passed this House to have certain words therein inserted An Act against such as shall conspire or practise the Enlargement of any Prisoner committed for High Treason And an Act for the punishment of such as shall rebelliously take or detain from the Queens Majesty any Castles Fortresses c. The Bill for preservation of Timber and Fuel was read the time and passed and was with four other Bills of no great moment sent to the Lords by M r Treasurer and others with further Commission to have Conference with their Lordships touching some Amendments to be had in the Bill of Vagabonds and also touching the opinion of this House for the necessity of the speedy Execution of the Duke and also to pray their Lordships Answer to the Petition of this House made yesterday unto them as for their liking to proceed with the first part of the former Choice and for their advices and conjoining with this House in the Order of the same proceeding The Bill for Planting and setting of Hops was read the first time M r Treasurer and the residue returning from the Lords M r Treasurer made report of the delivery of the said Bills to the Lords and of the residue of their said Commission from this House to their Lordships with Answer from them that they like well and allow of the opinion of this House to proceed in the first degree of Choice in the great Cause and that their Lordships will therein join with this House and have appointed to have Conference with the Committees of this House this Afternoon in the Star-Chamber for the order and manner of the same proceeding and then also with the same Committees to have Conference touching the Bill of Vagabonds and that as touching Petition to be made to the Queens Majesty for the present Execution of the Duke their Lordship 's not misliking the opinion of the House in that matter neither discouraging this House in that Enterprize do refuse to join with this House in that Petition to
needful to put you in remembrance that this Honourable Assembly are Assembled and come together here in this place for three special Causes of most weighty and great importance The first and principal is to make and abrogate such Laws as may be most for the preservation of our noble Soveraign The second ..... The third is to make or abrogate such Laws as may be to the chiefest surety safe-keeping and enrichment of this noble Realm of England So that I do think that the part of a faithful-hearted Subject is to do his endeavour to remove all Stumbling-Blocks out of the way that may impair or any manner of way hinder these good and Godly Causes of this our coming together I was never of Parliament but the last and the last Session at both which times I saw the Liberty of free Speech the which is the only Salve to heal all the Sores of this Common-Wealth so much and so many ways infringed and so many abuses offered to this Honourable Council as hath much grieved me even of very Conscience and love to my Prince and State Wherefore to avoid the like I do think it expedient to open the Commodities that grow to the Prince and whole State by free Speech used in this place at the least so much as my simple Wit can gather of it the which is very little in respect of that that wise Heads can say therein and so it is of the more force First All matters that concern Gods Honour through free Speech shall be propagated here and set forward and all things that do hinder it removed repulsed and taken away Next there is nothing commodious profitable or any way beneficial for the Prince or State but faithful and loving Subjects will offer it in this place Thirdly All things discommodious perillous or hurtful to the Prince or State shall be prevented even so much as seemeth good to our merciful God to put into our minds the which no doubt shall be sufficient if we do earnestly call upon him and fear him for Solomon saith The fear of God is the beginning of Wisdom Wisdom saith he breatheth Life into her Children receiveth them that seek her and will go beside them in the way of Righteousness so that our minds shall be directed to all good needful and necessary things if we call upon God with faithful hearts Fourthly If the Envious do offer any thing hurtful or perillous to the Prince or State in this place what incommodity doth grow thereby Verily I think none nay will you have me to say my simple opinion therein much good cometh thereof how forsooth for by the darkness of the Night the brightness of the Sun sheweth more excellent and clear and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out for it is offered in this place a piece of fine Needle-work unto them that are most skilful therein for there cannot be a false stitch God aiding us but will be found out Fifthly This good cometh thereof a wicked purpose may the easier be prevented when it is known Sixthly An evil man can do the less harm when it is known Seventhly Sometime it happeneth that a good man will in this place for Argument sake prefer an evil cause both for that he would have a doubtful truth to be opened and manifested and also the evil prevented so that to this point I conclude that in this House which is termed a place of free Speech there is nothing so necessary for the preservation of the Prince and State as free Speech and without it is a scorn and mockery to call it a Parliament House for in truth it is none but a very School of Flattery and Dissimulation and so a fit place to serve the Devil and his Angels in and not to glorify God and benefit the Common-Wealth Now to the impediments thereof which by Gods Grace and my little Experience I will utter plainly and faithfully I will use the words of Elcha Behold I am as the new Wine which hath no vent and bursteth the new Vessels in funder therefore I will speak that I may have a vent I will open my Lips and make Answer I will regard no manner of Person no man will I spare for if I should go about to please men I know not how soon my Maker will take me away my Text is vehement the which by Gods sufferance I mean to observe hoping therewith to offend none for that of very Justice none ought to be offended for seeking to do good and saying of the truth Amongst other M r Speaker Two things do great hurt in this place of the which I do mean to speak the one is a rumour which runneth about the House and this it is take heed what you do the Queens Majesty liketh not such a matter whosoever prefereth it she will be offended with him or the contrary her Majesty liketh of such a matter whosoever speaketh against it she will be much offended with him The other sometimes a Message is brought into the House either of Commanding or Inhibiting very injurious to the freedom of Speech and Consultation I would to God M r Speaker that these two were Buried in Hell I mean rumours and Messages for wicked undoubtedly they are the reason is the Devil was the first Author of them from whom proceedeth nothing but wickedness now I will set down reasons to prove them wicked First If we be in hand with any thing for the advancement of Gods Glory were it not wicked to say the Queen liketh not of it or Commanded that we shall not deal in it greatly were these Speeches to her Majesties dishonour and an hard opinion were it M r Speaker that these things should enter into her Majesties thought much more wicked and unnatural were it that her Majesty should like or Command any thing against God or hurtful to her self and the State The Lord grant this thing may be far from her Majesties Heart Here this may be objected that if the Queens Majesty should have intelligence of any thing perillous or beneficial to her Majesties Person or the State would you not have her Majesty give knowledge thereof in this House whereby her peril may be prevented and her benefit provided for God forbid then were her Majesty in worse case than any of her Subjects And in the beginning of our Speech I shewed it to be a special Cause of our Assembly but my intent is that nothing should be done to Gods dishonour to her Majesties peril or the peril of the State And therefore I will shew the inconveniences that grow of these two First If we follow not the Princes mind Solomon saith the Kings displeasure is a Messenger of Death This is a terrible thing to weak nature for who is able to abide the fierce Countenance of his Prince but if we will discharge our Consciences and be true to God and Prince and
so in this our blessed time of Peace that we enjoy by the blessing of God through the Ministry of her Majesty we ought in time to make provision to prevent any storm that may arise either here or abroad and neither to be too careless or negligent but think that the tayl of these storms which are so bitter and so boisterous in other Countries may reach us also before they be ended especially if we do not forget the hatred that is born us by the Adversary of our Religion both for our profession and for that this Realm is also a merciful Sanctuary for such poor Christians as sly hither for succour so as now one of the most principal cares that we ought to care in this great Councel of the Realm is both to consider aforehand the dangers that may come by the malice of Enemies and to provide in time how to resist them and seeing that by those great occasions which I have remembred you can easily understand how low her Majesties Coffers are brought it is our parts frankly and willingly to offer unto her Majesty such a Contribution as shall be able to restore the same again in such sort as she may be sufficiently furnished of Treasure to put in order and maintain her Forces by Land and by Sea to answer any thing that shall be attempted against her and us and unless it might seem strange to some that her Majesty should want this some considering that not long sithence Aid was granted by the Realm To that I Answer That albeit her Majesty is not to yield an account how she spendeth her Treasure yet for your satisfactions I will let you understand such things as are very true and which I dare affirm having more knowledge thereof than some other in respect of the place I hold in her Majesties Service First how favourable the Taxations of Subsidies be through the whole Realm cannot be unknown to any whereby far less cometh to her Majesties Coffers than by the Law is granted a matter now drawn to be so usual as it is hard to be reformed Next the clearing of all Debts that run upon Interest to the insupportable charge of the Realm Thirdly the charge is suppressing the Rebellion in the North. Fourthly the free and honourable repayment of the last Loans the like whereof was not seen before Fifthly the Journey to Edenburgh-Castle for the quieting of that Country and this And lastly the great and continual Charges in Ireland by the evil disposition of the people there all which could not have been performed by the last Aid except it had pleased her Majesty to spare out of her own Revenues great Sums of money for the supplying of that which lacked wherein she more respected the Realm than her own particular Estate living as you see in most temperate manner without either Building or other superfluous things of pleasure and like as these be causes sufficient to move you to devise how these wants may be repaired so you ought the rather to do it for that her Majesty lacketh and cannot have without great inconvenience those helps which in the times of her Father her Brother and Sister were used as the abasing of Coin which brought infinite sums to them but wrought great damage to the Realm which we yet feel and should do more had not her Majesty to her perpetual Fame restored the same again so much as the time could suffer The sale of Lands whereof came also very great sums of money but that is not hereafter to be used saving that by the same the Revenues of the Crown are greatly diminished which it cannot more bear the borrowing of money upon Interest the burthen whereof the Realm hath felt so heavy as that is never more to be done if by any means it may be avoided And yet notwithstanding all those helps it is apparent that Subsidies were continually granted in those times if so then much more now then besides War and other extraordinary Charges may happen her Majesties very ordinary Charges which she cannot but sustain are far greater by dearth of prices and other occasions than in any other Princes days as you may see by the ordinary and annual Charges of the Houshold the Navy the Ordnance the Armory the Garrison of Berwick the standing Garrison and Officers within the Realm of Ireland And whether these are like to be more costly to her Majesty than in former times in respect of the prices of all things let every man judge by the experience he hath of his private expences And so to draw to an end for avoiding of your trouble I trust these few things may suffice to remember us how her Majesty found the Realm how she hath restored and preserved it and how the present State is now and therewith all may serve as reasons sufficient to perswade us to deal in this necessary cause as her Majesty being the Head of the Common-Wealth be not unfurnished of that which will be sufficient to maintain both her self and us against the private or open malice of Enemies wherein let us so proceed as her Majesty may find how much we think our selves bound to God that hath given us so Gracious a Queen over us and shew thereby also such gratuity towards her as she may perform the course of her Government cum alacritate This foregoing Speech of Sir Walter Mildmay Knight Chancellor of the Exchequer being thus transcribed out of the Copy thereof I had by me now follow the Proceedings thereupon out of the Original Journal Book of the House of Commons by which it appeareth that divers Members of the said House were appointed immediately after it to have Conference for drawing of a Bill for a Subsidy which Committees were as followeth viz. All the Privy-Council being of this House M r Captain of the Guard the Master of the Requests Sir Thomas Scott Sir Rowland Hayward Sir Nicholas Arnold Sir Thomas Shirley Sir George Speake Sir Henry Lea Sir Robert Wingfeild Sir John Thynne Sir George Turpin Sir William Winter Sir William Morgan Sir Edward Stanhope M r Edward Horsey Master Recorder of London M r Serjeant Lovelace M r Sampoole M r Grimston M r More M r Popham M r Telverton and M r Hilliard to meet this Afternoon at the Star-Chamber or some other place near unto it at three of the Clock M r Wilson Master of the Requests M r Norton M r Marsh M r Edward Stanhope M r Sandes M r Atkins and M r George Ireland were appointed to draw a Bill for the safe keeping of the Church Books or Registers of the Christnings Marriages and Burials and to meet upon Sunday next in the Afternoon at M r Wilsons Chamber in the Arches at three of the Clock M r Comptroller M r Chancellor of the Exchequer M r Recorder of London M r Attorney of the Dutchy M r Popham M r Marsh M r Sampoole M r Cromwell M r Thomas Browne and M r Robert Snagg
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
Lordships for that now their leisure well serveth them and also they do desire to know whether this House will make them a further Answer to the matter of the last Conference or no. Whereupon after sundry Motions and Arguments it was agreed that the former Committees with the residue afterwards added unto them both yesterday and also this day as also M r S t John now lastly added be sent up to the Lords with Answer to be pronounced by M r Chancellor of the Exchequer in the name of the whole House that as touching the unkindness wherewith their Lordships do charge this House which this House hath not done doth not and will not give their Lordships any such occasion Nota That this is the last Passage in this so long and controverted business betwixt the two Houses which this Morning had been throughly handled at a Committee of the said Houses for the Upper House having first passed this Bill and sent it down to the House of Commons on Wednesday the 7 th day of this instant March foregoing it had its several readings there on Saturday the 10 th day of the same Month in the Afternoon and on Monday the 12 th day and on Tuesday the 13 th day of the same having also added a Proviso unto it with which they sent it up again to the Lords who disliking the said Proviso required Conference with some Committees of the said House that very foresaid 13 th day of March when the Bill had been sent up unto them upon which meeting this Morning they had full Conference as is before at large set down but the Lords as it should seem utterly disliking the said Proviso and not being satisfied with the said Conference did never give the said Proviso any reading in their House and so the Bill was dashed Now follows the residue of this days Passages with the Conclusion of this Session of Parliament by Prorogation out of the Original Journal-Book of the House of Commons some things only of form or otherwise necessary to be inserted being added The Bill against the abuses of Goldsmiths was read the third time and passed the House Post Meridiem The Bill last passed touching abuses of Goldsmiths was this Afternoon sent unto the Lords by M r Treasurer and others Two Provisoes and certain Amendments to the Bill touching Wharfs and Keyes were thrice read and upon the Question with the Bill rejected M r Doctor Barkley and M r Powle did bring word from the Lords that their Lordships do desire to know whether there be any more Bills ready to be sent unto them unto whom Answer was made There is none This Afternoon also her Majesty came in Person to the Upper House where Robert Bell Esq Speaker of the House of Commons did amongst other things in his Speech move her Majesty in the name of the House to Marry by which it may be collected that it was agreed in the House where this matter had been propounded on Friday the 9 th day of this instant March foregoing and further debated of on Monday the 12 th day of the same Month that it was I say agreed that the Speaker should thus move her Majesty in the behalf of her Marriage upon the Conclusion of this Session in this Speech also the said Speaker did according unto the usual Custom present her Majesty with the Bill of the Subsidy in the name of the Commons After which her Majesty having given her Assent unto twenty three publick Acts and thirteen private the Lord Keeper Adjourned the Parliament by her Majesties Commandment until two of the Clock in the Afternoon of the day following And on the said Thursday the 15 th day of March in the Afternoon her Majesty came again unto the Upper House Accompanied with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal and divers Lords Spiritual and Temporal but I cannot gather that there was any other cause or occasion of her Majesties coming thither than only for the further Prorogation of this Session which otherwise must have been done by a Commission under the Great Seal and thereupon the Parliament was Prorogued accordingly unto the 5 th day of November then next ensuing After which followed divers other Prorogations of this Parliament unto the re-assembling of it again upon Monday the 16 th day of January in An. 23 Reginae Eliz. upon which said day the third and last Session of this instant Parliament began THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Session of Parliament holden at Westminster Anno 23 Reginae Eliz. Anno Domini 1580. which began there after many Prorogations and Adjournments of the same on Monday the 16 th Day of January and there continued until it was first Prorogued on Saturday the 18 th Day of March and lastly Dissolved on Friday the 19 th Day of April Anno 25 Reginae ejusdem Anno Domini 1583. THIS Session in Anno 23 Reginae Eliz. Anno Domini 1580. maketh but one and the same Parliament with that in Anno 14 Reginae Eliz. Anno Domini 1572. which was the first Session of it and with that in Anno 18 Reginae Eliz. Anno Domini 1575. which was the second Session of the same so that this present Assembly of the Peers and Commons of the Realm in this their great Councel was but the third and last Session of it being one and the same Parliament as aforesaid being continued without any Dissolution near upon the space of twelve years by fourscore several Prorogations or thereabouts viz. from Thursday the 8 th day of May in the fourteenth year of the Queen on which said Thursday it first began until the Dissolution thereof upon the 19 th day of April Anno 25 Reginae Eliz. Anno Domini 1583. The Prorogations between that former Session in An. 18 Reginae Eliz. which was as hath been observed the second and middle Session of this Parliament and this in Anno 23 Reginae ejusdem with those after it which was the third and last Session thereof were about threescore of which the two first happening within the said eighteenth year are both of them placed at the end of the Journal of the said year of which the first was on Saturday the 18 th day of March in Anno 18 Reginae Eliz. Anno Domini 1580. by which the Parliament was Prorogued unto the 5 th day of November Anno 18 Regin Eliz. Anno Domini 1581. at which day it was the second time Prorogued unto the 26 th day of March in Anno 19 Reginae ejusdem Anno Domini 1582. upon which day it was further Prorogued by Commission unto the 3 d day of June following On the third day of June to which day the Parliament had been last Prorogued it was again further Prorogued unto the 12 th day of November next following at and from which time it was Prorogued from day to day
Exeter may be Inheritable as Lands at the Common Law which was read the third time and concluded Nota That this Custom of Gavelkind by which all the Sons do Inherit the Lands of their Ancestors equally is not only in Kent but hath been also in the City of Exeter in the County of Devon and as is very probable either is or hath been in other parts of the Kingdom The Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon about which time the Lords meeting the Bill for the grant of a Subsidy and two Fifteenths and Tenths by the Temporalty was read secundâ vice On Saturday the 4 th day of March were four Bills of no great moment each of them once read whereof the first being a Bill for the confirmation of a Subsidy granted by the Clergy was after the third reading concluded M r Oughtred that was sent for by Order of the Lords made his appearance and to him day was given for bringing of his Councel on Tuesday next and the same day was also appointed for my Lady Marquess of Winchester This Forenoon finally two Bills of no great moment were sent up to the Lords from the House of Commons and one Bill for the assurance of an yearly rent to the Bishop of Coventry and Litchfield in Fee was tertiâ vice lecta and then sent down from the Lords to the said House of Commons On Monday the 6 th day of March to which day the Parliament had been last Adjourned were two Bills of no great moment read whereof the first was touching Fines and Recoveries On Tuesday the 7 th day of March Six Bills were brought up to the Lords from the House of Commons whereof the last was for keeping of the Queens Majesties Subjects in due obedience there were two Bills also each of them once read whereof the last touching Fines and common Recoveries was after the third reading sent down to the House of Commons This day appeared before the Lords as was appointed the Lord Marquess with his Councel on the one side and the Councel of the Lady Marquess on the other side and M r Oughtred for himself The Lord Chancellor with consent of the Lords after hearing of all the Parties and upon Conference thought it best for the better Expedition of the matter that certain of the Lords if the Parties consented thereunto should have the hearing of all the Controversies betwixt them and of the several accompts of M r Oughtred to which the Parties being called again every one for himself did personally assent only further Order was taken that the Lady Marquess should deliver her assent the next day by her Councel The Lords that were named to hear the said Controversies were these which were chosen by the Parties themselves the Lord Chancellor the Lord Treasurer the Lord Chamberlain and the Earl of Bedford and for the Causes between the Lord Marquess and the Lady Marquess were chosen by the said Parties the Lord Chancellor Lord Treasurer Lord Chamberlain and the Lord Buckhurst Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which hour the Lords meeting Three Bills of no great moment had each of them one reading whereof the last being a Bill touching the Lord Zouch was read secundâ vice and then committed to be ingrossed On Wednesday the 8 th day of March Three Bills of no great moment had each of them one reading whereof the last was Billa for keeping the Queens Majesties Subjects in their due Obedience Two Bills also were brought up to the Lords from the House of Commons whereof the last being a new Bill for the fortifying of the Borders towards Scotland which they returned with a former Bill passed by the Lords before with great deliberation to the same purpose and sent down to them so passed with the same title it gave the Lords much distast because they thought this course to be both derogatory to the superiority of the place and contrary to the antient course of both Houses and as they misliked the disorder so was it their pleasure that this their misliking should be entred in the Records of Parliament lest so evil an Example might hereafter be abused as a precedent Vide plus de ista materia die 10 Martii sequente Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which the Lords meeting four Bills had each of them one reading whereof the first being the Bill for the Grant of a Subsidy and two Fifteenths and Tenths by the Temporalty was read tertiâ vice communi omnium Procerum assensu conclusa On Thursday the 9 th day of March Five Bills had each of them one reading whereof the first being a Bill for restitution in Blood of Philip Earl of Arundel was read primâ vice On Friday the 10 th day of March were five Bills read the first three being of no great moment had each of them one reading the fourth being a Bill for restitution in Blood of two of the Saintlegers was read secundâ tertiâ vice and then was sent down to the House of Commons with another Bill for the Earl of Arundels restitution which had likewise passed the Lords this Forenoon The new Bill lastly for the fortifying of the Borders towards Scotland was read primâ vice Nota That though the Lords did take great offence at the House of Commons for sending up this new Bill unto them and rejecting a former Bill by them passed and sent down to the said House of Commons which had been framed by them to the same purpose without acquainting their Lordships first upon what grounds or for what reasons they had rejected the former Bill as may be seen at large on Wednesday the 8 th day of March foregoing and though their Lordships did then likewise Order that this Act should be Entred in the Records or the Upper House as a thing derogatory to the dignity thereof yet it pleased their Lordships not only on this Friday this 10 th day of March to give the said new Bill its first reading but on Tuesday the 14 th of March following caused it to be read the second time and on the next day following being Wednesday having added certain amendments unto it did finally upon the third reading conclude and pass it Vide Martii 17 postea One Act lastly for the repair of Dover Haven was sent up to the Lords from the House of Commons which was read primâ vice On Monday the 13 th day of March to which day the Parliament had been last Adjourned Five Bills were sent up to the Lords from the House of Commons of which the first being an Act for the true making melting and working of Wax with two others were read primâ vice Six other Bills also were read this Morning of which the fifth being a Bill for restitution in Blood of Anthony Mayney was read secundâ
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
Arthur Hall for his said offence And upon another Question it was resolved and Ordered in like manner that the same Fine should be five hundred Marks And upon another like question it was likewise resolved and Ordered that the said Arthur Hall should presently be removed severed and cut off from being any longer a Member of this House during the continuance of this present Parliament and that the Speaker by Authority from this House should direct a Warrant from this House to the Clerk of the Crown-Office in the Chancery for awarding of the Queens Majesties Writ to the Sheriff of the said County of Lincoln for a new Burgess to be returned into this present Parliament for the said Borough of Grantham in the lieu and stead of the said Arthur Hall so as before disabled any longer to be a Member of this House And upon another question it was also in like manner resolved and Ordered that the said Book and Libel was and should be holden deemed taken and adjudged to be for so much as doth concern the errors aforesaid condemned Which done the said Arthur Hall was brought in again to the Bar unto whom the Speaker in the name of the whole House pronounced the said Judgment in form aforesaid and so the Serjeant Commanded to take Charge of him and convey him to the said Prison of the Tower and to deliver him to the Lieutenant of the Tower by Warrant from this House to be directed and signed by the said Speaker for that purpose Vide concerning this matter on Saturday the 4 th day Monday the 6 th day and Wednesday the 8 th day of this instant February foregoing On Wednesday the 15 th day of February Four Bills of no great moment had each of them one reading of which the third being the Bill for granting of one Subsidy two Fifteenths and Tenths was read the second time and Ordered to be ingrossed On Thursday the 16 th day of February the Bill against the Family of Love was read the second time and committed unto Sir Thomas Scott Sir William Moore Sir John Brockett M r Beale and others who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber M r Vice-Chamberlain one of the Committees in the Bill for counterfeit Seals who were appointed on Thursday the 26 th day of January foregoing brought in the old Bill amended by the Committees and a new Bill drawn by the said Committees according to the same amendments whereupon the same new Bill was twice read and Ordered to be ingrossed The Bill for punishment of unlawful Marriages which was delivered to M r Doctor Dale and other Committees was this day brought in by M r Grimsditch one other of the Committees and a new Bill for that purpose made by the consent of the same Committees After sundry Speeches used against Sir Rowland Hayward one of the Committees in the Bill against Iron-Mills for an error by him done in preferring a new Bill for that purpose to the House not agreed upon by the more part of the residue of the Committees urging some infliction to be laid upon him or at least his Submission with an acknowledgment of his said error therein to the House it was upon a Motion made by M r Speaker and his Declaration of the Proceeding of the said Sir Rowland Hayward with him in the bringing in of the said latter Bill Ordered by the House that the matter of the said Prosecution should be no further dealt in or medled with as a thing of too small moment for this House to be troubled with or spend time in Three Bills also of no great moment had each of them one reading of which the last being the Bill for ratification of an award for certain Copyholders in the County of Worcester was read the third time and passed upon the Question The Calling of this House appointed to have been this Afternoon is for greater causes deferred till another time On Friday the 17 th day of February Five Bills of no great moment had each of them one reading of which the fourth being the Bill for limitation of Formedon in the Descender and the fifth being the Bill against the excessive multitude of Attornies in the Court of Common-Pleas was read the second time and with the former committed unto both Masters of the Requests M r Lieutenant of the Tower Sir Thomas Sampoole M r Attorney of the Dutchy M r Sands M r Carleton M r Layton M r Grimpston M r Vaughan M r Dalton M r Boyes and M r Grimsditch and both the Bills were delivered to M r Doctor Dale Master of the Requests who with the rest was appointed to meet in the new Hall in the Temple at two of the Clock this Afternoon The Bill touching the Children of Aliens and Strangers was once more read with the former amendments and other amendments now presently inserted three times first read was passed upon the Question after many Arguments first had and made Francis Drake Esquire was Licensed this day by M r Speaker to depart for certain his necessary business in the service of her Majesty Francis Vaughan Esquire one of the Burgesses for the Borough of Wilton in the County of Wiltshire was this day Licensed by M r Speaker to be absent for his necessary business at the Assizes On Saturday the 14 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for the naturalizing of certain English mens Children born beyond the Seas was read the first time The Bill for the repealing of certain branches of certain Statutes touching the making of Woollen-Cloths and another Bill touching the Shipping of Cloths were each of them committed upon the first reading unto the former Committees for Cloths who were appointed on Saturday the 4 th day of this instant February foregoing The Bill for preservation of Pheasants and Partridges was read the second time and committed unto M r Chancellor of the Dutchy M r Knight Marshal Sir Thomas Cecil Sir Thomas Scott M r Beamond and others who were appointed to meet at M r Chancellors of the Dutchy at two of the Clock in the Afternoon upon Monday next The Bill for Gavelkind Land within the City of Chester was read the third time The four Bills last past before this present day were sent up to the Lords by M r Treasurer and others The Bill against unlawful Hunting of Conies was read the second time and after many Arguments rejected upon the question of ingrossing M r Chancellor of the Exchequer declared that the Committees appointed by this House to have Conference with the Lords touching the Bill for Religion have sundry times met together with their Lordships about the same Bill and that the same Bill is by the said Committees in some parts altered changed and amended and in some other parts abridged and some others added unto and so delivered in the same
Justice of the Common-Pleas having informed this House touching the State of the Record mentioned in the Bill for the Lord Zouch and the said Lord Zouch having been here likewise heard at the Bar and the said Record having been here seen and perused in this House and read by the Clerk it was resolved that Sir Thomas Sampoole Mr. Recorder of London Mr. Harrington Mr. Cromwell Mr. Lewkenor and Mr. Cowper do consider of the Decree heretofore made in the Chancery touching the said matter and of the Exemplification of the said Record and meet to Morrow Morning at seven of the Clock in the Forenoon in the Committee Chamber of this House and afterwards to make Report Vide touching this matter on Friday the 17 th day of this instant March following Mr. Treasurer touching the Committee yesterday with the Lords for the Bill of maintenance of the Borders against Scotland declared that their Lordships in the Conference yesterday seem'd to marvel much that their Lordships having first passed a Bill with them for the said purpose and sending it down to this House this House would without requiring further Conference with their Lordships take upon them to make a new Bill for the same matter and not proceed with the said Bill thereof which came from their Lordships And their Lordships thought this House ought not so to have done neither could well by Warrant of any former Precedents of this House And further that some of the said Committees of this House then answered unto their Lordships that this House had cause to do as they did and might likewise well so do Mr. Vice-Chamberlain very excellently setting forth the great benefits and blessings of God upon this Realm in the Godly most loving and careful Government and Ministry of her Majesty and withal the great earnest most faithful and dutiful zeal and obedience of this House unto her Highness no less in every particular Member of the same than is or can be in any other Subject of this Realm whosoever noble or other as hath and may well appear by them all in their Actions And also taking occasion of the Bill lately very gravely carefully and dutifully considered and dealt in by this House for the due care and preservation of her Majesties Honour Fame and Dignity but nevertheless dashed by the Lords in the Upper House and not in this House nor in the default of this House moved that this House would yet notwithstanding for many great and weighty respects by him most excellently amply and effectually and no less aptly declared proceed to some such course for due provision to the same end of the safety of her Highness Honour Fame and Dignity as by some of this House for that purpose to be selected shall seem meet to express and shew the faithful hearts careful love and dutiful obedience of such thankful Subjects unto so Gracious Provident and Merciful a Prince Whereupon were appointed all the Privy-Council being of this House M r Treasurer of the Chamber M r Knight Marshal M r Doctor Dile Master of the Requests Sir Thomas Sanpoole Sir William fitz William Sir William Moore Sir Thomas Shirley M r Recorder of London M r Sands M r Atkins M r Cowper M r Cromwell M r Norton Sir Henry Gate Sir George Turpin M r Wolley M r Beale M r Thomson M r Crooke M r Nicholas S t Leger M r Vincent Skinner M r Pister Mr. Edward Lewkenor Mr. Diggs Mr. Dalton and Mr. Alford to meet in the Exchequer Chamber between one and two of the Clock this Afternoon to confer for the drawing of a Bill against to Morrow Morning for the safety and preservation of her Majesties Honour Fame and Person accordingly Vide concerning a Bill on Wednesday the first day of February foregoing much to this purpose as also on March the 13 th Monday foregoing The Bill for restitution in Blood of Philip Earl of Arundel was read the third time and passed upon the Question On Wednesday the 15 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill for maintenance of Mariners and of the Navigation was read the second time and two Provisoes also to the same Bill were twice read and committed unto Mr. Lieutenant of the Tower Sir Thomas Sampoole Mr. Aldersey Mr. Grice Mr. Lewkenor Mr. Norton and others who were appointed to meet at the Temple-Hall at two of the Clock this Afternoon Two Bills also had each of them one reading of which the Bill for the more indifferent Tryal by Juries was read the third time and dashed upon the Question Six Bills were sent up to the Lords by Sir Henry Ratclyffe Sir Thomas Cecill Sir Edward Horsey Mr. Lieutenant of the Tower and others whereof the fifth was the Bill for restitution in Blood of John and Dudley S t Leger and the last for the more indifferent Tryal by Juries Mr. Treasurer reported that according to the Order and Commission of this House to him yesterday and others he and others of the Committees had met together and drawn a new Bill and so delivered the Bill in the House to be read The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty was twice read and upon the Question Ordered to be ingrossed Mr. Attorney General and Mr. Doctor Gibbon did bring from the Lords the Bill for fortifying of the Borders against Scotland with some Amendments which Bill had passed this House before and was sent to their Lordships from this House On Thursday the 16 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill for Exposition of the Statute of Bankrupts was read the third time and dashed upon the Question Sir Thomas Sampoole one of the Committees in the matter for the Lord Zouch whose names see on Monday the 13 th day of this instant March foregoing made report of their Travel therein and of the Estate of the Title of the said Lord Zouch to the Mannor in demand and thereupon the said Lord Zouch was afterward with his Councel heard at the Bar. Vide concerning this matter on Tuesday the 14 th day of this instant March foregoing and also on Friday the 17 th day of the same Month following Mr. Doctor Clark and Mr. Doctor Barkley did bring from the Lords a Bill before-passed this House touching the abolishing of certain deceitful stuffs used in the dying of Cloths and now returned by their Lordships with some Amendments and Provisoes thereunto added The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty was read the third time and after sundry Motions and Arguments and some Amendments added were thrice read and the Bill passed upon the question Mr. Cope standing up and offering to speak unto the House said unto Mr. Speaker and Charged him with these Speeches that is to say That Mr. Speaker
horâ consuetâ On Monday the 15 th day of February to which day the Parliament had been last continued on Thursday foregoing four Bills of no great moment had each of them their first reading of which the first was a Bill for returning of Justices Jurors and for expedition of Trials The Lords Ordered that Edward Fisher and Katherine his Wife should personally appear before them on Wednesday next the 17 th day of this instant February for the better satisfying of their Lordships of their consent to the passing of a Bill Entituled An Act for the assurance of certain Lands unto George Chewne Giles Flood Christopher Puckering and their Heirs Vide concerning this matter on Wednesday the 17 th day of this instant February ensuing The Lords also Ordered that the Master of the Rolls the Lord Chief Baron Justice Gawdy and Baron Shute should have the hearing of the matter of the Writ of Error between Akrode c. and M r Whawley On Tuesday the 16 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill for the continuance of a former Statute Intituled An Act to redress disorders in common Informers upon penal Laws made in the eighteenth year of the Queens Majesties Reign was read tertiâ vice communi omnium Procerum assensu conclusa Six Bills of no great moment had each of them one reading and had been brought to the Lords from the House of Commons of which the first was the Bill against Class-Houses and making of Glass by Aliens born On Wednesday the 17 th day of February Five Bills of no great moment had each of them one reading of which the last save one being the Bill concerning the Lord Dacres and the Lord Norris was read tertia vice conclusa and sent to the House of Commons by Serjeant Rodes and the Queens Attorney Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon At which time as the Lords had Ordered M r Edward Fisher with his Councel viz. M r Serjeant Walmesley and M r Cowper appeared before them The Lords having heard the consent of the said Edward Fisher to the passing of the Bill Intituled Au Act for the assurance of certain Lands unto George Chewne c. and their Heirs committed again the said Edward Fisher to the Custody of the Warden of the Fleet and further Ordered that the bringing of the said Edward Fisher before their Lordships at their Commandment should not in any wise be prejudicial to the said Warden The said Edward Fisher and his Councel made two Petitions to the Lords the one that the Preamble of the Act alledging the cause of the making of the same Act to be for doubtfulness of his ill dealing because he was judged in the Star-Chamber to have made two false and forged Writings to the prejudice of the said Bargains might be amended and that the same might be taken out of the Act and not to remain in perpetual memory of his shame for ever The second that Serjeant Puckering to whose behalf the said Lands were sold having him and his Lands in Execution upon a Statute of eight thousand pound for not performance of the Covenants of the same yet also enjoying the Lands sold would release him the said Execution and take a new Statute in that behalf to which the said Serjeant Puckering whom the cause chiefly concerned being present by the appointment of the Lords answered as to the first request That if to alter or take out of the said Act the said Preamble being parcell of the Bill and matter passed from the House of Commons to this Honourable House in that form should be no hurt or prejudice to the Bill so passed from the Lower House to the Lords he was well content therewith and therein submitted himself to their honourable Lordships And as to the second Request he Answered That whensoever the said Edward Fisher shall have cleared and discharged the said Lands and Tenements by him bargained and sold as aforesaid of and from all Statutes Staple and Recognizances charges and incumbrances liable or chargeable upon the same then he having a new like Recognizance in nature of a Statute Staple made unto him by the said Edward Fisher of the sum of eight thousand pound for performance of Covenants mentioned in the said Indenture of Bargain and Sale from thenceforth to be performed unto which Recognizance all the Lands and Tenements of the said Edward Fisher which shall not be sold for the payment of his Debts shall be liable and chargeable and that there were no former Statutes and Recognizances knowledged by the said Edward Fisher to the prejudice of the same he was contented then after that done to discharge the said new Execution having and takeing a new Recognizance in form aforesaid Vide concerning this matter on Monday the 15 th day of this instant February foregoing On Thursday the 18 th day of February Nine Bills of no great moment had each of them one reading of which the two first were upon the third reading concluded and sent down to the House of Commons by Serjeant Rolls and D r Carey the one being the Bill to explain the Statute concerning Tellors and Receivors c. made An. 13 Reginae Eliz. and the other being for the better relief of the Hospital of Eastbridge within the City of Canterbury Nota That the Original Journal-Book of the House of Commons sets down a third Bill assented unto and concluded at this time The last of the said Bills touching divers Assurances made by the Bishop and Dean and Chapter of Exeter was read secunda vice commissa Archiepiscopo Eboracen Comiti Sussex Episcopo Exon. Domino Stourton Domino Buckhurst On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued a Proviso added by the House of Commons to the Bill concerning certain assurances of Sir Thomas Lucy and others was read and concluded The Bill also to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and his Wife during the Minority of the said Johan and Anne to be void against the said Anne was read secundâ vice The Lords appointed Monday next in the Afternoon for the hearing of the Cause and have given Order that the Parties shall have warning to be then there with their Councel by two of the Clock in the Afternoon Five other Bills also of no great moment had each of them one reading of which the fourth being the Bill for the well-ordering and governing of the Savoy was read the third time and sent to the House of Commons On Monday the 22 th day of February to which day the Parliament had been last continued on Saturday foregoing Five Bills of no great moment had each of them one reading of which the first being the Bill for preservation of Grain and Game with
only the said Elected Knights who as those also who opposed them brought their Councel on both sides and were fully heard what they could say After which also Mr. Recorder and himself desiring fully to inquire into this matter had conferred and devised therein with the Clerk of the Crown-Office in the Chancery and comparing those Records together with some of the Statutes Ordained in those Cases they do find such difference in them tending to matter of effect and to be Answered by the Sheriff if there be cause and not for any matter in their opinions for this House to deal with whereby to cassate or make void the said Election as they take it And yet because that resteth now chiefly upon matter of Precedents to see further how this House may decide this cause he declared that Mr. Recorder and he will make further search of the Precedents in like Cases with the Clerk of the higher House for that purpose and then further to advertise this House as cause shall require Vide concerning this matter on Tuesday the 8 th day and on Saturday the 12 th day of this instant December foregoing The Bill for the preservation of the Haven of Plymouth was upon the second reading committed unto Sir Francis Drake M r Wroth Mr. Edgcombe and others who were appointed to meet the third day of the next sitting of this Court in Lincolns-Inn Hall in the Afternoon of the same day A new Bill that Parsonages impropriate may be disposed to godly and charitable uses was read the first time Mr. Sollicitor touching the excessive number of penal Laws in force very intolerable to the Subjects neither possible to be kept and yet not any put in Execution as that for Apparel in King H. 8. his time and such like moved that a Committee be had of some selected Members of this House learned in the Laws to make a view of the same Laws against the next sitting of this Court after the Adjournment of the same to the end that this House may then thereupon proceed to some course of diminishing the great number of the same as upon due considerations in that behalf to be had shall be further thought meet and convenient And thereupon were named and chosen for that purpose all the Privy-Council being of this House Mr. Sollicitor Mr. Recorder of London Mr. Morrice Mr. Sandes Mr. Attorney of the Wards and others who were appointed to meet on Wednesday before the next Term in the Afternoon in Lincolns-Inn Hall The Bill for paving of the Town of Newark upon Trent after the third reading passed upon the question Mr. Treasurer and the residue of the Committees returning from the Lords he declared that they have received some Answer from their Lordships upon the Conference and referred the report thereof to Mr. Chancellor of the Exchequer as unto whom the same was by their said Lordships appointed to be delivered over unto this House Whereupon Mr. Chancellor of the Exchequer declared that their Lordships had caused the said Notes in writing to be read in the House and their Lordships found the said grievances to concern but some particular Countries and not the whole Realm to wit the Countries only of Warwick Lincoln and Essex and therefore might be considered to be reformed in time by some other convenient means But being Answered by the Committees of this House that albeit there were Petitions in writing exhibited but for these three Counties yet by Motions and Speeches in the House it well appeared to be the grief of the whole Realm Which their Lordships having understood did feelingly express how sensible they were of it and how truly they did join with us of the House of Commons in wishing the reformation thereof and were now ready to aid us with their best assistances therein as erst in the two last former Sessions of Parliament they had done at both which times her Majesty had thereupon Commanded some of the Lords of the Clergy to take care and consideration of the same causes wherein as little or nothing hath been done for case or redress of the same so their Lordships of the Upper House not minding to impute the fault thereof to any and yet remembring withal that their Lordships were present when her Majesty by the Mouth of the Lord Chancellor did give Commandment unto Mr. Speaker not to deal in the House of Commons with matters concerning Religion or the Church without her Highness pleasure first known and therefore do also take the same Commandment to extend as well to their Lordships as to this House have resolved that those of the Lords which are of her Majesties Privy-Council do first move her Highness to know her Majesties Pleasure therein before they proceed any further in the matter The Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas the Lord Chief Baron of the Exchequer and the Master of the Rolls being sent down from the Lords to the House of Commons and admitted into the said House the said Lord Chief Justice having in his hand a Commission under the Great Seal of England declared unto Mr. Speaker that her Majesty having given Authority by Commission under the Great Seal of England unto divers of my Lords the Bishops Earls and Barons of the Upper House to Adjourn this Parliament unto the 4 th day of February next coming the said Lords Commissioners have Adjourned the same in the Upper House and their Lordships have thereupon also sent them to this House to signifie the same Adjournment over unto this House that the Knights Citizens and Burgesses and Barons of this House may likewise take notice of the same Adjournment accordingly Which thing was also after their departure out of this House declared unto this House by Mr. Speaker And so thereupon this Court by Warrant and in sorm aforesaid was adjourned unto the said 4 th day of February next coming Which done M r Vice-Chamberlain standing up and putting the House in remembrance of her Majesties most Princely and loving kindnesses signified unto this House in the former Messages and Declarations of her Highnesses thankful acceptations of the dutiful cares and travails of this House in the Service of her Majesty and the Realm moved the House that besides the rendring of our most humble and Loyal thanks unto her Highness we do being assembled altogether joyn our hearts and minds together in most humble and earnest prayer unto Almighty God for the long continuance of the most prosperous preservation of her Majesty with most due and thankful acknowledgment of his infinite benefits and blessings poured upon this whole Realm through the mediation of her Highnesses Ministry unde him And he said he had a Paper in writing in his hand devised and set down by an honest godly and learned man and which albeit it was not very well written yet he would willingly read it as well as he could if it pleased them to follow and say after him as
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
void of great inconvenience and danger It may therefore be considered by their Honourable Lordships whether it were more convenient or necessary that the use of them were utterly removed out of the Church and so likewise of Pluralities 16. But howsoever it shall be thought convenient to order these Faculties yet for so much as besides the known duty of a Minister prescribed by the word of God her Majesties Injunctions do require in every Curate a further quality of learning than ability to read only as may be gathered by the forty third Article and by other Charges imposed upon him to teach the Principles of Religion as is set down in the forty fourth Article and sith also that no faculty of plurality or non-residence but with condition to see the Cure from which he is absent sufficiently served May it please their Lordships to consider whether it were expedient to provide that none now having Licence of non-residence either by Law or by Faculties shall hereafter be permitted to enjoy the benefit of such Licence except he depute an able and sufficient Preacher to serve the Cure and that no Curate by him placed be suffered to continue in his service of that Cure except he be of sufficient ability to Preach and doth Weekly teach that Congregation and perform the other Duties of instructing the Youth in the Catechism prescribed by her Majesties Injunctions These Petitions being thus transcribed out of the before-mentioned Copy of them I had by me now follow the Answers of the Lord Treasurer and the Archbishop of York out of the Original Journal-Book of the House of Commons as they were reported this instant Thursday Febr. 25. by Sir Francis Knolles Knight Treasurer of her Majesties Houshold to the said House which being imperfect in themselves I have caused to be a little altered and enlarged whereby as also by casting an Eye back to the several Petitions according to the several numbers or figures by which they relate each to other they may the more fully be understood The Answer now which their Lordships had given unto the Committees of the House of Commons being delivered unto them by the Lord Treasurer and the Archbishop of York was related unto the said House by M r Treasurer one of the Committees and is set down in the Original Journal-Book of the House of Commons in this or rather a more imperfect manner and form following The Lord Treasurer in general made Answer That the Lords did conceive many of those Articles which the House of Commons had proposed unto them to be unnecessary and that others of them were already provided for and that the Uniformity of Common-Prayer had been established by Parliament The Archbishop of York made an Answer more at large to all those several Articles which the House of Commons had proposed to their Lordships To the two first Articles he said He conceived them not fit to be allowed of because divers qualified persons were dispensed withal by Law Secondly That it was against the Rule of Charity to suppose that those who were non-resident had not some lawful avocation Thirdly That where Parishes had not sufficient Preaching Ministers Divine Service and Godly Homilies were for the most part read yet he promised that concerning non-residency it should be holpen and redressed as soon as might be The third Article he confessed to be very necessary The fourth Article he utterly disallowed The fifth Article tending to the avoiding of Ministerium vagum he allowed yet said he it was sufficiently provided for already saving he thought it might stretch too far viz. to Deans c. The sixth Article he utterly disallowed which savoured of popularity and might raise many Controversies and Dissensions The Seventh Article he utterly misliked alledging that the Bishops themselves were not discharged from the taking of that Oath and for subscription he said he doubted not but that it was lawful and that it might prove the Cause of much order and quietness in the Church The Eighth and Ninth Articles he utterly disallowed as freeing them from Jurisdiction Temporal and from the Bishops and all ..... But what should hre follow is left imperfect through the great negligence of Fulk On slow Esquire at this time Clerk of the House of Commons in the Original Journal-Book of the same House and yet it may seem that here should these words follow viz. ..... their Ministers after these words viz. from the Bishops and all ..... And what these two Articles concerned may easily be seen by casting an Eye back to the Petitions foregoing n. 8. n. 9. The Tenth Article he said he could not but dislike because deprivation was often necessarily used in terrorem and that the party so deprived might upon his Submission as in the Case of Excommunication be received into favour The Eleventh Article he misliked The Twelfth Article he said that himself in the name of their Lordships whom in all that he had before said he had but personated did think it necessary and would take Order for such Exrecises as the ..... But what should here follow is most negligently omitted by the Clerk of the House of Commons yet it may be gathered by this Article n. 12. foregoing that it was required that the exercises of private Conferences and Fasting might be more frequently enjoyed The Thirteenth and Fourteenth Articles he confessed to require no more than seemed reasonable yet being more narrowly searched into would breed much inconvenience for if Excommunication shall not be allowed upon Contumacy and such other Delinquencies though small in themselves then must there be some new censure brought into the Church which would be the occasion of much Innovation To which also he added that Excommunication in these Cases was used to no other end than Outlawries and Attachments in the Courts of Law and Justice it being only to bring Parties to their lawful Answers who upon their appearance are absolved of course But yet promised that himself and the rest of the Bishops would take pains therein themselves And that no Excommunication should hereafter be sent out but for Adultery and some other weighty Cause or for such Contumacies as could not otherwise be possibly remedied The Fifteenth and Sixteenth Articles he acknowledged to stand with good reason and that for himself he never granted any dispensation perpetual but to one man who was then Aged eighty Years And for himself he professed he would never again allow of any Pluralities for Life And that the Original Faculty thereof belonged to her Majesty Further alledging that himself in the name of their Lordships did very well allow of that Proviso of theirs That when any temporary Dispensations were granted provision should be made of very able godly and sufficient Curates And lastly he added that because he feared some of the House of Commons were too ready to think and speak hardly of that Ancient and Godly Order of Bishops yet he desired them that they would 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
John Puckering Serjeant at Law their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House did according to the usual form humbly crave her Majesties most Royal Assent to such good Laws as had passed the two Houses Whereupon her Majesty having by her Assent given Life to thirty publick Acts and nineteen private the Parliament was Prorogued unto the 20 th day of May next ensuing and at last after five other Prorogations it was Dissolved upon Wednesday the 15 th day of September Anno 28 Regin Eliz. Anno Domini 1586. THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the Upper House in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two Several Prorogations thereof and then and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Journal of this Parliament both in respect of the greatness of the matter handled in it being the business of Mary Queen of Scots as also of the many rare Precedents which happened in the Carriage of it the Queens Person being represented and the Lord Chancellors place supplied by others with the Adjournment and re-assembling again of the same somewhat extraordinary is and ought to be esteemed most worthy of observation And it is most plain that this Parliament was at the first beyond the Queens own expectation summoned and afterwards Assembled upon no other cause or ground than the timely and strange discovery of that bloody and merciless Treason Plotted by Babington and others for the violent cutting off her Majesties life of which Mary Queen of Scots had been first by a most Just and Honourable Tryal fully Convicted and afterwards Judicially pronounced to have been in a high nature guilty But yet her Majesty not satisfied with her so just a Tryal and Attainder assembled the Parliament on purpose that so all those former proceedings how just so ever might be further Committed and referred to the impartial examination and final Judgment of the whole Realm And that this great Council of the Kingdom was merely called together at this time about this business is most plain because the last Prorogation of ths former Parliament holden in Anno 27 Regin Eliz. Anno Dom. 1584. was from the 26 th day of April Anno 28 Regin Eliz. Anno Dom. 1586. unto the 14 th day of November then next ensuing But long before the said day the former Conspiracy being discovered about the latter end of July in Anno eodem the former Parliament was dissolved on Wednesday the fourteenth day of September following in the 28 th year of her Majesty And this new one Assembled on Saturday the 29 th day of October immediately after ensuing At which time the Queen came not to the Upper House in Person but was represented by three Commissioners not as her Majesty afterward professed because she feared the Violence of any Assassinte but because she abhorred to be an hearer of so foul and unnatural a conspiracy plotted against her by the Scottish Queen a Kinswoman so near to her Highness Yet by this means her absence doubtless drew on the greater safety and her Loving and Loyal Subjects did the more clearly perceive in how great and unavoidable danger she stood as long as that Queen lived and were therefore doubtless stirred up to consult in this so important a Cause with the greater Zeal and earnestness for the preservation of Religion the Security of her Majesties Life and the safety of these Realms Which matters the Lords of the Upper House did so seriously intend as that in this first meeting in this present Parliament which lasted from the foresaid 29 th day of October being Saturday unto the second day of December next following being Friday it appeareth not in the Original Journal-Book of the Upper House that any one Bill publick or private was read or so much as once treated of This Parliament was summoned to have begun on Saturday the 15 th day of October Anno 28 Regin Eliz. at which said day her Highness for great and weighty causes and Considerations her thereunto especially moving did prolong and adjourn the said Parliament unto Thursday being the 27 th day of the said Month of October by vertue of a Writ under the Great Seal dated the eighth day of this present October whereupon on the said 15 th day of October the Archbishop of Canterbury with divers other Lords and Councellors repaired to the Parliament Chamber commonly called the Upper House and there in presence of divers Lords Spiritual and Temporal the Knights Citizens and Burgesses summoned to the same Parliament did declare her Highnesses pleasure to Prorogue the same Parliament from this first summoned day until the 27 th of the said Month and thereupon the Writ for the said Prorogation was publickly read by the Clerk of the Upper House Upon the said 27 th day of October Sir Thomas Bromley Knight Lord Chancellor of England and divers Lords with a good number of the House of Commons met again in the Parliament Chamber and did again Prorogue this present Parliament after the usual and accustomed form unto the Saturday next following being the 29 th day of this present October On which said 29 th day of October the Parliament held accordingly and the Lords in the Afternoon repaired to the Upper House and there placed themselves according to their several Degrees Upon which the Knights Citizens and Burgesses having notice that the Lords expected their presence repaired to the said House and being let in as many as could conveniently Sir Thomas Bromley the Lord Chancellor declared unto the whole Assembly that her Majesty was so hindred by great and urgent occasions as she could not be present yet had notwithstanding given full Authority to Three Members of the Upper House in her Majesties name and stead to begin the said Parliament Whose names are entred in the Original Journal-Book of this Parliament in manner and form following Regina representata per Commissionarios viz. Archiepiscopum Cantuariensem Dominum Burleigh Thesaurarium Comitem Darbiae Magnum Seneschallum All the Lords then present were these following Archiepiscopus Cantuarien Thomas Bromley Miles Dominus Cancellarius Archiepiscopus Eboracen Dominus Burleigh Dominus Thesaurarius Angliae Comites Comes Oxon Magnus Camerarius Comes Kantiae Comes Darbiae Magnus Seneschallus Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Pembrook Comes Hartford Comes Lincoln Vicecomes Mountague Episcopi Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Bathon Wellen. Episcopus Sarisburien Episcopus Roffen Episcopus Exon. Episcopus Cestren Barones Dominus Howard Admirallus Dominus Aburgavenny Dominus Zouch Dominus Barkley Dominus Morley Dominus Dacres Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Lumley Dominus
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
read Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 10 th day of November the Lords Committees made report unto the whole House that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded openly read unto them after long deliberation and consultation had betwixt them both publickly and privately they all with one assent allowed the same Sentence to be just true and honourable and that they humbly desired their Lordships to make choice of such number of Lords as their Lordships should think meet to joyn with them in Petition to her Majesty Whereupon their Lordships made choice of the said Lords following viz. the Lord Chancellor the Lord Treasurer the Lord High Chamberlain the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland the Earl of Sussex the Earl of Pembroke and the Earl of Hartford the Lord Chamberlain the Lord Abergavenny the Lord Zouch the Lord Morley the Lord Cobham the Lord Grey the Lord Lumley the Lord de la Ware and the Lord Norris Memorandum That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll the which the Lords thought better to defer until her Majesties liking or misliking were first had of the same Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 15 th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness and that her Majesties Answer was in so eloquent and goodly sort and with words so well placed that he would not take upon him to report it as it was uttered by her Majesty but that the effect was that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shewed to have of her safety and were it not in respect of them and of the state of the Realm and maintenance of the true Religion she would not ..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often and from so great perils Her Highness concluded it was a Cause of great moment and required good deliberation and that she could not presently give Answer unto them but that her Highness would shortly deliver it to some of her Privy Council which should declare unto them her Highnesses mind And thus her Highness answered This day further the Lord Chancellor signified unto the Lords that on Monday her Majesty commanded him to require the Lords to advise amongst them if some other course might be taken without proceeding to the extremity of Execution which her Highness could better like of if any such might be found and that her Highness looked for Answer from their Lordships Nota That the whole entrance of this days business viz. the Lord Chancellors Report of the Queens Answer is crossed in the Original Journal-Book but remaineth as legible as any other part except a few interlined words but by the whole course following that ought to stand which is crossed for without that the business following hath no coherence with the premisses Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 22 d day of November after many Speeches which tended all to one effect which was that their Lordships in their opinions could not find any other way than was already set down in their Petition then the Lords agreed that the matter should be put to the question and being particularly asked every one his several voice answered with one Consent that they could find no other way The House of Commons came up and desired the Lords to be content to appoint some of the Lords to confer with them upon the Answer that was to be made to her Highness and to deliver the same to her Majesty Whereupon the Lords made choice of these Lords following viz. the Archbishops of Canterbury and York the Lord Treasurer c. And the said Lords upon Conference had with the Committee of the Lower House made report that the like question was propounded to them of the House of Commons and that they Answered all with one consent no man gainsaying that they could find none other way Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty That having often conferred and debated of that question according to her Highness Commandment they could find none other way than was set down in the Petition Which Answer for the Lords was delivered unto her Majesty by the Lord Chancellor and for the Commons by their Speaker at Richmond on Thursday the 24 th day of November Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox horâ nonâ On Friday the 25 th day of November the Lord Chancellor delivered her Maiesties Answer to the Lords to the last resolution the Effect whereof was as followeth viz. If said her Highness I should say unto you that I mean not to grant your Petition by my faith I should say unto you more than perhaps I mean And if I should say unto you that I mean to grant your Petition I should then tell you more than is fit for you to know And thus I must deliver you an Answer Answerless Whereas on the 7 th day of this instant Month of November whilst the Lords were in Consultation about the great matter of the Queen of Scots the Chief and only Cause of the Summons of this Parliament they of the House of Commons came up and desired Conference with some of the Lords of this House what number it should please their Lordships to appoint touching the said great cause which as they affirmed had been opened and declared unto them Whereupon the Lords made choice of divers Lords whose names see at large on Munday the 7 th day of this instant Month of November foregoing And to attend the said Lords were appointed the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Justice Gawdie the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon and after often meeting and long Conferences had they agreed upon a form of Petition which by both the Houses should be presented unto her Majesty And that Choice should be made of a certain number of either House to prefer the same unto her Highness Which being reported to this House the Lords liked very
our own is and shall be still without any possible means to prevent it so long as the said Scottish Queen shall be suffered to continue and shall not receive that due punishment which by Justice and the Laws of this your Realm she hath so often and so many ways for her most wicked and detestable offences deserved Therefore and for that we find that if the said Lady shall now escape the due and deserved punishment of Death for these her most execrable Treasons and offences your Highness Royal Person shall be exposed unto many more and those more secret and dangerous Conspiracies than before and such as shall not or cannot be foreseen or discovered as these her late attempts have been and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by Justice may and ought to be done We do most humbly beseech your most Excellent Majesty that as well in respect of the continuance of the true Religion now professed amongst us and of the safety of your most Royal Person and Estate as in regard of the preservation and defence of us your most loving dutiful and faithful Subjects and the whole Common-Weal of this Realm It may please your Highness to take speedy Order That Declaration of the same Sentence and Judgment be made and published by Proclamation and that thereupon direction be given for further proceedings against the said Scottish Queen according to the effect and true meaning of the said Statute Because upon advised and great consultation we cannot find that there is any possible means to provide for your Majesties Safety but by the just and speedy Execution of the said Queen the neglecting whereof may procure the heavy displeasure and punishment of Almighty God as by sundry severe Examples of his great Justice in that behalf left us in the Sacred Scriptures doth appear And if the same be not put in present Execution We your most loving and dutiful Subjects shall thereby so far as mans reason can reach be brought into utter despair of the continuance amongst us of the true Religion of Almighty God and of your Majesties Life and the Safety of all your faithful Subjects and the good Estate of this most flourishing Common-Weal Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox On Tuesday the 29 th day of November the Lords Spiritual and Temporal being Assembled Commissionar ' Reginae continuaverunt praesens Parliamentum usque in diem Veneris hor â nonâ On Friday the second day of December Commissionarii Reginae adjornaverunt praesens Parliamentum usque in decimum quintum diem Februarii prox Nota That the Parliament was Adjourned without any new Commission from her Majesty which had been used in the last Parliament in Anno 27 Regin Eliz. Anno Dom. 1584. where the Adjournment was from the 27 th day of December unto the 4 th day of February which was near upon the same intervenient time or space for which this present Parliament de Anno 28 29 Regin Eliz. was now Adjourned But the reason and cause is very plain why this Parliament was now Adjourned without any such Commission from her Majesty although she her self was absent and this was only in respect that her Highness Person was represented by Commissioners to whom at first she had by Commission under the Great Seal delegated full and absolute power not only to begin but also to continue Adjourn or Prorogue this instant Parliament ut vide on Saturday the 29 th day of October foregoing which said Delegates or Lords Lieutenants did here being present Adjourn the same accordingly Concerning which said Adjournment and these two Meetings of one and the same Parliament there hath been much mistake and difference both in the Original Journal-Book of the Upper House and in that also of the House of Commons in the very Rolls of the Statute of this Parliament transcribed by the Clerk of the Upper House into the Chancery and remaining in the Chappel of the Rolls and lastly in the very Printed Books of the Statutes thereof For in the first place M r Anthony Mason at this time Clerk of the Upper House Entereth these two meetings of this one and the same Parliament in two several Books as if they had been two several Sessions to which mistake he was the rather induced because divers Lords did send their new Proxies upon the second meeting of the two Houses on Wednesday the 15 th day of February Anno Regin Eliz. whereas it doth not appear that in the last Parliament de Anno 27 Regin Eliz. that any new Proxies were then returned upon the second meeting of the two Houses after a like Adjournment But the reason of this seemeth to be not only in respect of this Adjournment that it was somewhat longer than that former in the twenty seventh year of her Majesty which lasted not full two Months whereas this present Adjournment continued for the space of seventy five days or two Months and a Fortnight at the least But also because divers of the Lords both Spiritual and Temporal who were present at this first meeting being desirous as it should seem to hear that great business of the Scottish Queen debated and resolved on did after this Adjournment and their recesses into their several Countries get Licence of her Majesty to be absent from the second meeting of this Parliament which ensued on Wednesday the 15 th day of February following in Anno 29 Regin Eliz. and in which there were none but ordinary matters likely to be handled Execution and Justice being done upon the Scottish Queen the 8 th day of February immediately preceding the said second meeting and did thereupon send their several Proxies of which such as were unusual and extraordinary are set down in the Journal ensuing according to the several days on which they were returned In the second place touching the Original Journal-Book of the House of Commons these two meetings of one and the same Parliament are set down as two several Sessions the one by M r Fulk Onslow at this time Clerk of the House of Commons and the other by M r William Onslow his Kinsman who being a Member of the House was Licenced by it to supply the place of the said M r Fulk Onslow who by reason of his sickness was not able to attend who enters this second meeting of the House of Commons upon Wednesday the 15 th day of February in these words viz. This present Session of Parliament holden by Prorogation c. Whereas it had not been Prorogued but Adjourned and was no new Session but meerly a new meeting In the third place the Roll of Statutes transcribed by M r Anthony Mason into the Chancery and remaining in the Chappel of the Rolls is intituled as followeth Rotulus Parliament de Anno Regni Regin Elizabeth vicesimo octavo Whereas the words should likewise have been
tertio die Martii duximus dissolvend ' De fidelitate igitur prudentiâ circumspectione vestris plurimùm confident ' de avisamento assensu Concilii nostri assignavimus vos aliquos tres vel plures vestrum Commissionarios nostros dantes vobis aliquibus tribus vel pluribus vestrum tenore praesentium plenam potestatem facultatem authoritatem hoc instante vicesimo tertio die Martii ad dictum Parliamentum nostrum Nomine nostro plenar ' dissolvend ' Et ideo vobis Mandamus quòd vos aliqui tres vel plures vestrum idem Parliamentum nostrum eodem instante vicesimo tertio die Martii virtute harum Literarum Patentium Nomine nostro plenè dissolvatis determinetis Et ideo vobis Mandamus quòd circa praemissa diligenter intendatis ac ea in forma praedicta effectualiter expleatis exequamini Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventur ' tenore praesentium firmiter in mandatis quòd vobis in praemissis pareant obediant intendant in omnibus prout decet In cujus rei testimonium has Literas nostras sieri secimus Patentes Teste meipsa apud Westmonasterium vicesimo tertio die Martii Anno Regni nostri vicesimo nono Per ipsam Reginam Powle It should seem that the reading of these Commissions and the Dissolution of this Parliament were all of them finished this Thursday the 23 th day of this instant March in the Forenoon for else there must have been some other continuance of it by the Lord Chief Justice of the Common Pleas supplying the place of the Lord Chancellor upon the rising of the Lords to dinner unto some hour in the Afternoon which may very well be in respect that although the Queens Majesty came usually in Person to give her Royal Assent in the Afternoon yet that being now performed after an unusual and extraordinary manner by her Majesties Letters Patents or a Commission under the Great Seal the time was also altered So that though this Parliament were not long in continuance for both the meetings thereof put together make but ten weeks at the most yet it had many weighty matters debated in it and this Journal of the Upper House is richly stored with rarer Precedents than any other of all the Queens time Finally Her Majesties loving Subjects considering the great Charges she sustained by the maintenance of the Low Countries Wars and withal in a manner foreseeing the stupendious preparations of Spain at this time most intentive in providing and furnishing of that mighty Armado stiled afterwards Invincible did not only grant unto her Majesty one entire Subsidy and two Fifteenths and Tenths as the Clergy had also granted unto her one other Subsidy but did likewise consult in either House severally for the Lords refused to joyn with the House of Commons therein concerning a Contribution to be bestowed upon her Majesty in like sort also towards the further and better support of those foresaid continual and chargeable Wars of the Netherlands THE JOURNAL OF THE House of COMMONS An Exact large and very perfect Journal of the Passages of the House of Commons in the Parliament holden at Westminster Anno 28 Reginae Eliz. Anno Domini 1586. which began there on Saturday the 29 th Day of October after two several Prorogations thereof and there continued until it was at length Dissolved on Thursday the 23 th Day of March Anno 29 Reginae ejusdem THE Passages of this Journal of the House of Commons are fully replenished with excellent and rare matter both in respect of the business of Mary Queen of Scots handled in the first meeting and of the publick dangers threatned against her Majesties person and Realms discussed in the second meeting of this Parliament in which also there wanted not the passing of divers good and wholesome Laws and the discussing of many emergent disputes touching the private affairs of the said House all which are in themselves very useful and worthy of observation Although the Parliament had been summoned to have begun upon Saturday the 15 th day of October in Anno 28 Reginae Eliz. yet it held not but was on the said day further Prorogued unto Thursday the 27 th day of the same Month upon which said day it was lastly Prorogued unto Saturday the 29 th day of the same next ensuing On which said 29 th day of October the Parliament held accordingly although her Majesty came not in person but appointed by her Letters Patents under the Great Seal the Archbishop of Canterbury the Lord Burleigh Lord Treasurer and the Earl of Darby Lord Steward or any two of them her Delegates or Commissioners in her Majesties name and stead to begin this said Parliament and the same further to hold continue Adjourn or Prorogue as to them should seem fitting and needful The Lords therefore being set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired unto the Upper House and as many as could conveniently being let in Sir Thomas Bromley Knight Lord Chancellor shewed that the Queens Majesty was with-held by some very great and important occasions so that she could not be there personally present at this time but yet had appointed some other Honourable personages there present to supply her place and in her name to begin the said Parliament And then the same Letters Patents were read After which the foresaid three Commissioners leaving their places went to a Seat prepared for them on the right side of the Chair of State who being so placed the Lord Chancellor did Lastly declare that the meer cause for which this Parliament had been so suddenly called at this time was upon the discoveries of the late most great and horrible Treasons plotted for the taking away of her Majesties Life and the subversion of true Religion and that one great offender therein did yet remain touching whose punishment her Majesty did crave their faithful advice and therefore wished those of the House of Commons to make present choice of some one amongst them to be their Speaker and to present him unto the Lords Lieutenants or Lords Commissioners as soon as conveniently they might Whereupon the Knights Citizens Barons and Burgesses of the House of Commons repairing to their said House did there elect and chuse John Puckering Serjeant at Law their Prolocutor who had been Speaker also the last Parliament Nota That there is not any one word of all this before set down in the Original Journal-Book of the House of Commons de annis istis 28 o 29 o Reginae Eliz. which is very defective not only here but in some other places thereof but that which is before set down is for the most part gathered out of the Original Journal-Book of the Upper House and only
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
had done in the matter which the rest of the Committees thought not convenient first in respect they were satisfied therein by divers of their Committees and also for that they thought it prejudicial to the priviledge of the House to have the same determined by others than such as were Members thereof And though they thought very reverently of the said Lord Chancellor and Judges and thought them competent Judges in their places yet in this case they took them not for Judges in Parliament in this House And there upon required that if it were so thought good to the House Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of by force of the first Writ as allowed by the censure of this House and not as allowed of by the said Lord Chancellor and Judges Which was agreed unto by the whole House and ordered to be entred accordingly This Case before set down touching the Election of the Knights for the County of Norfolk containeth in it many curious and very useful points The Case was singly this The Sheriff of Norfolk receives a Writ touching the Election of two Knights for that County but two days before the next County-day in which he is bound by Law to see it executed By reason of this shortness of time he could neither summon many Freeholders nor make due Proclamation in the County any one day before the said Election The Sheriff notwithstanding on the said County-day proceeds to the Execution of the said Writ and Mr. Farmer and Mr. Gresham are duly chosen according to all points and circumstances in such like case required there being not only a great appearance of Freeholders but divers also of the eminentest Gentlemen of the said County who after they had given their Voices to the said Election did also set their Hands and Seals to the Indenture of the same in that case usual After this a second and new Writ is delivered to the said Sheriff for a new Election to be made which is in all points executed without any the least colour of misfesance and by it Mr. Heydon and Mr. Gresham being one of the two first that had been before Elected were chosen and the Indenture of their said Election together with the Writ were delivered in unto the Clerk of the Crown together with the Writ and Indenture of the former Election After which the Lord Chancellor and the Judges meeting about it do resolve That the first Writ was well executed the first Election good and the second absolutely void and of this their resolution do give the House of Commons notice In which case these points following were resolved by the whole Body of the said House First That the said first Writ was duly executed and the Election good and the second Election absolutely void Secondly That it was a most perillous Precedent that after two Knights of a County were duly Elected any new Writ should issue out for a second Election without order of the House of Commons it self Thirdly That the discussing and adjudging of this and such like differences only belonged to the said House Fourthly That though the Lord Chancellor and Judges were competent Judges in their proper Courts yet they were not in Parliament Fifthly That it should be entred in the very Journal-Book of the House that the said first Election was approved to be good and the said Knights then chosen had been received and allowed as Members of the House not out of any respect the said House had or gave to the Resolution of the Lord Chancellor and Judges therein passed but meerly by reason of the resolution of the House it self by which the said Election had been approved Sixthly and lastly That there should no Message be sent to the Lord Chancellor not so much as to know what he had done therein because it was conceived to be a matter derogatory to the Power and Priviledge of the said House Concerning all or the most of which particulars see more upon Friday the 11 th day of this instant November ensuing Sir Christopher Hatton her Majesties Vicechamberlain presently as it seemeth after the discussing of the former Election fell upon the debating of the great Cause touching the Scottish Queen and shewed That the Committees of the Lords in the great Cause and also the Committees of this House in the same Cause had Conference together yesterday in the Afternoon and resolved upon a Petition unto her Majesty in the Name of both Houses to be exhibited as afterwards it was on Saturday the 12 th day of this instant November unto her Highnes by the Lord Chancellor in the Name of the Lords of the higher House and by Mr. Speaker in the Name of this House as the joynt Petition of both Houses for Proclamation and Execution of the Sentence of the Lords and others the late Commissions at Fotheringhay in the proceedings there against Mary called the Queen of Scots And that because the said Committees of both Houses thought the said Petition would be too long if it should comprehend the whole course and manner of the said proceedings yet they thought it necessary that in both Houses the whole course of the same proceedings should be signified and read this present day to the end each Member of both the said Houses might understand the whole matter and manner of the same course of proceedings to their full satisfactions And that then afterwards also the same uniform Petition likewise be read in both the said Houses with reservation nevertheless and liberty to both the same Houses and to every Member of the same House to shew and infer to the said Lord Chancellor for the Lords and to Mr. Speaker for this House any other reasons whatsoever besides those contained in the said Petition which they shall think meet to be remembred to her Majesty for the better furtherance of obtaining their humble Suit at her Majesties hands contained in the said Petition And shewed further That the said Committee of the Lords willed the said Committees of this House that the Lords now sitting this Forenoon in the higher House might hear from this House this Forenoon also of the liking or acceptation of this House in the said form and course of proceeding in the said Petition Which thing himself after a long time spent in the reading of part of the said Record of the said proceeding in the said Commission at Fotheringhay and foreseeing also that the finisting of the reading thereof would require so much more time as was very like could not well be done before the Lords should rise moved That one or two of this House might in the mean time of reading the residue of the said Record of the said Course of proceedings repair to their Lordships and signifie unto them the same from this House to know their Lordships pleasure for some other time for the Committees of this House to intimate unto their Lordships the good liking of this House conceived of the
that she hath right not to succeed but to enjoy your Crown in possession and therefore as she is a most impatient Competitor acquainted with blood so will she not spare any means that may take you from us being the only Lett that she enjoyeth not her desire She is hardned in malice against your Royal Person notwithstanding that you have done her all favour mercy and kindness as well in preserving her Kingdom as saving her Life and Honour And therefore there is no place for mercy where there is no hope of amendment or that she will desist from most wicked Attempts The rather for that her malice appeareth such as that she maketh as it were her Testament of the same to be executed after her death and appointeth her Executors to perform the same She affirmeth it lawful to move Invasion therefore as of Invasion Victory may ensue and of Victory the death of the vanquished so doth she not obscurely profess it lawful to destroy you She holds it not only lawful but honourable also and meritorious to take your life c. being deprived of your Crown by her holy Father and therefore she will as she hath continually done seek it by all means whatsoever She is greedy of your death and preferreth it before her own life for in her late direction to some of her Complices she willed whatsoever became of her the Tragical Execution should be performed on you There is by so much the more danger to your Person since the Sentence than before by how much it behoveth them that would preserve her or advance her to hasten your death now or never before Execution done upon her as knowing that you and none else can give direction for her death and that by your death the Sentence hath lost the force of Execution and otherwise they should come too late if they take not the present opportunity to help her Her Friends hold Invasion unprofitable while you live and therefore in their opinion your death is first and principally to be sought as the most compendious way to ruine the Realm by Invasion Some of the eldest and wisest Papists set it down for a special good drift to occupy you with conceit that the preservation of her Life is the safety of your own and therefore you may be assured that they verily think that her life will be your death and destruction Secondly Forasmuch as concerns Religion It is most perillous to spare her that hath continually breathed the overthrow and suppression of the same being poysoned with Popery from her tender Youth and at her Age joyning in that false termed Holy League and ever since and now a professed Enemy of the Truth She resteth wholly upon Popish hopes to be delivered and advanced and is so devoted and doted in that profession that she will as well for satisfaction of others as feeding her own humor supplant the Gospel where and whensoever she may Which evil is so much the greater and the more to be avoided as that it slayeth the Soul and will spread it self not only over England and Scotland but also into all parts beyond the Seas where the Gospel of God is maintained the which cannot but be exceedingly weakened if defection should be in these two most valiant Kingdoms Thirdly For as much as concerns the happy Estate of this Realm The Lydians say Unum Regem agnoscunt Lydii duos autem tolerare non possunt So we say Unam Reginam Elizabetham agnoscunt Angli duas autem tolerare non possunt And therefore since she saith that she is Queen here and we neither can nor will acknowledge any other but you to be our Queen It will follow if she prevail she will rather make us slaves than take us for Children and therefore the Realm sigheth and groaneth under fear of such a Step-Mother She hath already provided us a Foster-Father and a Nurse the Pope and the King of Spain into whose hands if it should mis-happen us to fall what can we else look for but ruine destruction and utter extirpation of goods lands lives honour and all Whilst she shall live the enemies of the State will hope and gape after your death By your death they trust to make Invasion profitable for them which cannot be but the same should be most lamentable for us and therefore it is meet to cut off the head of that hope As she hath already by her poysoned baits brought to destruction more Noble men and their Houses and a great multitude of Subjects during her being here than she would have done if she had been in possession of her own Country and armed in the field against us so will she still be continually cause of the like spoil to the greater loss and peril of this Estate and therefore this Realm neither can or may endure her Her Sectaries do write and print that we be at our wits end worlds end if she over-live your Majesty meaning thereby that the end of our world is the beginning of theirs and therefore take her away and their world will be at an end before it begin Since the sparing of her in the 14 th year of your Reign Popish Traytors and Recusants have multiplied exceedingly And if you spare her now again they will grow both innumerable and invincible also And therefore now in the 4 th place Mercy in this case would in the end prove cruelty against us all Nam est quaedam crudelis misericordia And therefore to spare her is to spill us She is only a Cousin to you in a remote degree but we be Sons and Children of this land whereof you be not only the natural Mother but also the Wedded Spouse And therefore much more is due from you to us all than to her alone It would exceedingly grieve and wound the hearts of your loving Subjects if they should see so horrible Vice not condignly punished if any be wavering it will win them to the worser part and many will seek to make their own peace Wherefore as well for the comfort of the one as stay of the other and retaining of all It is most needful that Justice be done upon her Thousands of your loving Subjects of all degrees which have for special zeal of your safety made Oath before God to pursue to death by all forcible and possible means such as she is by just sentence found to be cannot save their Oaths if you keep her alive for then either we must take her life from her without direction which will be to our extream danger by the offence of your Law or else we must suffer her to live against our express Oath which will be to the uttermost peril of our own Souls wherewith no Act of Parliament nor power of man whatsoever can in any wise dispense And therefore seeing it resteth wholly in you by a most worthy and just execution of this sentence to keep us upright and free us in both we most humbly and earnestly
of the same Parliaments for certain causes the House then moving disabled for ever afterwards to be any Member of this House at all hath of late brought a Writ against the Inhabitants of the said Borough for his wages amongst other times in attendance at the late Session of Parliament holden at Westminster in the 27 th year of her Highnesses Raign during which time as also a great part of some other of the said former Parliaments he did not serve in the said House but was for some causes as aforesaid disabled to be any Member of this House and was also then committed Prisoner to the Tower of London And so prayeth the advice and order of this Honourable House therein unto the censure and order whereof the said Inhabitants do in most humble and dutiful wise submit themselves And so shewed the said Writ which was then read by the Clerk After the reading whereof and some speeches had touching the former proceedings in this House against the said M r Hall as well in disabling him to be any more a Member of this House as also touching his said imprisonment the matter was referred to further consideration after search of the Precedents and Entries of this House heretofore had and made in the course of the said cause Vide diem Veneries 2 um diem Decembris diem Mercurii 22 um diem Martii postea M r Treasurer shewed that the Committees in the Cause for Conference to be had touching the answer to be made by this House to the Message lately delivered from her Majesty did meet according to the Commission of this House and after long and much debating and many great arguments it appeared very evidently by most strong reason that no other way whatsoever can be taken for the safety and continuance of true Religion of her Majesties most Royal Person and of the peaceable Estate of this Realm but only by Justice to be done upon the Queen of Scots according to her demerits Which Justice as her Majesty ought of duty to cause to be done so they resolved utterly to insist upon the prosecution of the former Petition unto her Highness as the one only way and none other to be performed in the said Cause And so left to some other of the said Committees the more particular discourses of their said Conferences Whereupon M r Vice-Chamberlain very excellently plainly and aptly shewed the manner of their Treaty in the said Conference and of the Reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said Queen of Scots as neither by likelihood of reformation in her Person hope of strait guarding or keeping of her or of any caution of hostages to be taken for her reciting and applying most apt and invincible reasons in the several proofs thereof and so concluding his own opinion also only to be such and none other wished that if any member of the House could concèive or shew any other course or device tending to the purport of the said Message than hath been erst now remembred or in the said Committee offered he would shew the same And if not that then M r Speaker would move the question for the consent of the whole House to the continuance of prosecuting that said Petition together with the said Committees Whereupon after some little pause and none offering any speech to other end M r Speaker moving the question to the House it was resolved by the whole House to insist only upon the said Petition accordingly And also after sundry other speeches had tending all to the same resolution and some of them urging the remembrance purpose and present consideration of the former Association it was ordered that to morrow when the Lords do sit in the Upper House the former Committees of this House M r Robert Cecill being now added unto them do repair unto their Lordships for Conference with their Lordships touching the said resolution of this House in answer to her Majesties said Message And also with request to their Lordships to give Licence unto this House to join with their Lordships in the said Answer to her Majesty if it so please them M r Comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said Petition only and of none other course at all as well in his former delivery thereof upon treaty of the said cause as now at this present declared further That he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this House rather of ignorance in them he thinketh than of any evil disposition and purpose and so affirming earnest and devout prayer to God to incline her Majesties heart to the Petition of this House as a thing much importing he moveth that some apt and special course of prayer to that end might be devised and set down by some of this House and be not only exercised here in thus House every day but also by all the members of this House elsewhere abroad and also privately in their Chambers and Lodgings M r Treasurer liking well the motion and good meaning of M r Comptroller touching Prayer to be exercised as before shewed that fit Prayers for that purpose and extant in print are already used in this House and so may also be by the Members of the same privately by themselves and doth willingly wish the same might be so executed accordingly Sir John Higham assenting very readily to the continuation of pursuing the said Petition urged further very zealously and earnestly the burthen of the Oath of Association and so thereby amongst other things of great and necessary consideration and importance prayeth her Majesty may be solicited to the speedy execution of Justice upon the person of the Queen of Scots Mr. Recorder bending many Speeches and reciting many Precedents of Petitions in former times granted by sundry of her Majesties most noble Progenitors Kings of England to the subjects of this Realm at the humble Suits and Petitions of the Speaker and Commons of the Lower House which the Lords of the Upper House in those days could not obtain at their hands doth not only perswade very earnestly the said insisting of this House upon the said Petition but also undoubted assuredness of her Majesties granting and performing of the same as a thing answerable both unto her Highness most merciful loving and tender care over her good Subjects as also to the very necessity of the case Mr. Cope moved that Mr. Speaker might put it to the Question for the resolution of this House touching the prosecution of the said Petition with all good and fit speed Mr. Chancellor of the Exchequer putting the House in remembrance of their resolution therein given already even now at this very instant Court upon the Question then propounded by Mr. Speaker moved the going forward
day of November in the first meeting of this present Parliament on the behalf of the Borough of Grantham in the Country of Lincoln against Arthur Hall Gentleman that the said Arthur Hall had Commenced Suits against them for Wages by him demanded of the said Borough as one of the Burgesses of the Parliament in the Sessions of Parliament holden the thirteenth fourteenth eighteenth and twenty third years of the Reign of our Soveraign Lady the Queens Majesty wherein it was alledged that the said Borough ought not to be charged as well in respect of the negligent attendance of the said Mr. Hall at the said Sessions of Parliament and some other offences by him committed at some of the said Sessions as also in respect that he had made promise not to require any such Wages the Examination of the said cause on the second day of December in the last Session mistaken for Meeting of this Parliament by Order of this House was committed unto Sir Ralph Sadler Knight Chancellor of the Dutchy Sir Walter Mildmay Knight Chancellor of the Exchequer Thomas Cromwell Robert Markham and Robert Wroth Esquires This day report was made by the said Committees that not having time during the last Session of Parliament mistaken for Meeting to examine the circumstances of the cause they had in the mean Season by their Letters advertised my Lord Chancellor that the said cause was committed unto them and humbly requested his Lordship to stay the issuing forth of any further Process against the said Borough until this Session of Parliament mistaken for Meeting which accordingly his Lordship had very honourably performed And the said Committees did further declare that having during this Session of Parliament mistaken for Meeting sent for Mr. Hall declared unto him the effect of the complaint against him they had desired him to remit the said wages which he had demanded of the said Borough whom they found very conformable to condescend to such their request and that the said Mr. Hall then affirmed unto them that if the said Citizens of the said Borough would have made suit unto him he would upon such their own Suit then remitted the same so was he very willing to do any thing which might be grateful to this House and did freely and frankly remit the same which being well liked of by this House it was by them this day Ordered that the same should be entred accordingly On Thursday the 23 th day of March the Bill for the Queens Majesties most gracious general and free Pardon was sent down from the Lords by Serjeant Gawdie and Doctor Carew which having passed the House was sent back again this Morning unto their Lordships with another Bill which was for the continuance and perfecting of divers Statutes This day finally the Speaker with the rest of the House of Commons being sent for into the Upper House and thereupon repairing thither two Commissions under the Great Seal were read by the first of which her Majesty being absent gave her Royal Assent to ten several Acts or Statutes which passed at this time and by the other this Parliament was dissolved Nota That all this days Passages are supplied out of the Upper House Journal THE JOURNAL OF THE House of LORDS An Exact and perfect Journal of the Passages of the House of Lords in the Parliament holden at Westminster Anno 31 Reginae Eliz. Anno Domini 1588. which began there after one Prorogation of the same on Tuesday the 4 th Day of February and then and there continued until the Dissolution thereof on Saturday the 29 th Day of March Anno Domini 1589. THE Queens Majesty soon after that her wonderful and glorious Victory which God Almighty had given her Navy over that vainly stiled Invincible Armado sent against her Realm of England by the Spanish King summoned this her High Court of Parliament to begin on Tuesday the 12 th day of November that present year 1588. and the 30 th year of her Reign that so by common Advice and Counsel she might prepare and provide against the inbred malice of that Prince and Nation Sir Christopher Hatton Knight her Majesties late Vice-Chamberlain being made Lord Chancellor in the room and stead of Sir Thomas Bromley Knight who having been sick a great part of the last Parliament dyed in April following Anno 29 Regin Eliz. Anno Domini 1587. But other occasions of some importance requiring the deferring of the said Assembly her Majesty Prorogued the same in manner and form following Memorandum That whereas the Queens Majesty by her Writ summoned her Parliament to begin and to be holden at Westminster this present Tuesday being the 12 th day of November her Highness for certain great and weighty Causes and Considerations her Majesty specially moving by the advice of her Privy Council and of her Justices of both her Benches and other of her Council learned did Prorogue and adjourn the said Parliament until the 4 th day of February next by virtue of her Writ Patent sealed with the Great Seal and bearing date the 15 th day of October last past Whereupon at this said 12 th day of November the Archbishop of Canterbury Sir Christopher Hatton Lord Chancellor William Lord Burleigh Lord Treasurer the Earl of Huntingdon the Bishop of London and three other Barons repaired to the Parliament-Chamber commonly called the Upper House and there in the presence of the Knights Citizens and Burgesses summoned to the said Parliament declared That her Highness for divers good causes and considerations her specially moving by her Highnesses said Writ had Prorogued the said Parliament from this said first summoned day until the 4 th day of February next Whereupon the Writ for the said Prorogation in the presence of all that Assembly was openly read by the Clerk of the Upper House in haec verba ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Praedilectis fidelibus nostris Praelatis Magnatibus Proceribus Regni nostri Angliae ac dilectis fidelibus nostris Militibus Civibus Burgensibus dicti Regni nostri ad praesens Parliamentum nostrum apud Civitatem nostram Westmonasterii 12 die Novembris proximè futuro inchoand ' tenend ' convocatis electis vestrum cuilibet Salutem Cùm nos pro quibusdam ardnis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernentibus dictum Parliamentum nostrum ad diem locum praedictos teneri ordinaverimus ac vobis per separalia Brevia nostra apud Civitatem diem praedictum interesse mandaverimus ad tractand consentiend concludend ' super hiis quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum nsque ad in quartum diem Februarii prox ' futurum duximus
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
Clock in the Afternoon of this present day and the Bill with a note of the said names was delivered then to Sir Edward Dymock one of the said Committees The Committees names in the Bill for repeal of certain Statutes appointed on Friday the 21 th day of this instant February foregoing were read by the Clerk and the Committees appointed to meet at the Rolls at two of the Clock in the Afternoon of this present day and the Bill with a note of the said Committees names was then delivered to Mr. Cromwell one of the said Committees The Bill touching Mortmain with a note of the names of the Committees in the same was delivered to Humfrey Waring Servant to Mr. Aldersey one of the Committees in the same Bill to be by him delivered to the said Mr. Aldersey but it appeareth not certainly in what place or upon what occasion the said Bill was delivered to the Servant of the above-named Mr. Aldersey for although it be Entred in the Original Journal-Book of the House of Commons amongst such other matters as were debated in the House yet it is most probable it was delivered unto him out of the House either after or upon the very rising thereof On Wednesday the 26 th day of February the Bill concerning Captains and Souldiers was read the first time and argued unto by Mr. Outred Sir Edward Dymock Mr. Cromwell Sir Henry Knyvet Mr. Treasurer Mr. North and Mr. Markham and afterwards Mr. Cromwell Mr. Outred Mr. Serjeant Walmesiey Mr. North Mr. Wroth Sir William Moor Sir Edward Dymock Sir Henry Knyvet Mr. Markham and Sir Ralph Bourchier were appointed to Article to the said Bill and to meet this Afternoon at two of the Clock in the Exchequer Chamber and the Bill was delivered to Mr. Cromwell Upon a Speech used by Mr. Alsord purporting that some that had spoken to the said Bill had uttered some words of rejecting the same Bill and casting it out of the House where in very deed there was no such Speech used at all by any that had spoken to the said Bill nor yet any word tending to such effect It was upon the Question resolved by the Judgment of the whole House that there had been no such Speech used at all by any of them that did speak Mr. Francis Bacon one of the Committees in the Bill concerning Forestallers Regraters and Ingrossers shewed the meeting and travail of the Committees in the said Bill and that they had made a new Bill and shewing the reasons moving them so to do sufficiently and at large offereth in the end the new Bill and prayeth the good and speedy expediting of the same On Thursday the 27 th day of February the Bill for sour Fifteenths and Tenths and two entire subsidies had its second reading M r Serjeant Puckering and M r Sollicitor do bring word from the Lords that their Lordships have this morning received a Message from her Majesty delivered unto them by two of the Lords of her Majesties most Honourable Privy Council which Message their said Lordships of the Upper House do mind to impart unto this House and pray that some convenient number of this House may to that end be appointed to meet with fourteen of their Lordships in the Room next to the Higher House of Parliament either this present Forenoon or else to Morrow in the Forenoon at the choice of this House and so requiring the answer of this House presently they departed and stayed without in the mean time Where the said Message being opened by M r Speaker It was resolved upon the Question that twenty eight or thirty of this House should attend upon their Lordships this present Forenoon accordingly And then the said M r Serjeant Puckering and M r Sollicitor being called in again and receiving the answer of this House by the Mouth of M r Speaker all the Privy Council being of this House and now present viz. four Sir Henry Cobham Sir Henry Gray Sir William Moore Sir Edward Dyer Sir George Bary Sir Edward Hobby Sir Edward Dymock Sir Henry Knyvet Sir Thomas Palmer Sir George Moore M r Serjeant Walmesley M r Francis Hastings M r Alford M r Wroth Sir Richard Knightly Sir Robert Jermin M r Heydon M r Recorder of London M r Beamond M r Cook M r Beale M r Cradock M r Markham M r Lieutenant of the Tower M r Tho. Knivet M r Cromwell M r Richard Brown M r Conisby Sir Philip Butler and Mr. Outred were nominated and sent up to the Higher House to attend the said fourteen Committees of the Lords touching their imparting unto this House the said Message delivered unto them from her Majesty and the paper Bill touching Purveyors was deliver'd to Mr. Cromwell one of the said Committees and the Note of the Committees names to Mr. Vice-Chamberlain M r Recorder one of the Committees in the Bill for Reformation of disorders of common Inns and other Victualling Houses shewed the meeting and travail of the Committees and some Causes which moved them to deal only with that part thereof which concerneth Casks and the Gaging of Vessels for Beer and Ale and so offereth a new Bill for that purpose with request for good expediting thereof Mr. Apsley moved this House touching the great inconveniences grown by the great number of Pluralities and Non-Residents and offereth a Bill for Reformation thereof praying the same might be presently read which was so done by the order of the House accordingly The Council and the Residue returned from the Lords and Mr. Treasurer reported that my Lord Treasurer shewed them that the Message from her Majesty delivered this day unto the Lords of the Upper House was concerning two Bills lately passed this House and sent to the Upper House the one concerning Purveyors and the other touching Process and Pleadings in the Court of Exchequer a thing misliked of her Majesty in both those Cases the one tending to the Officers and Ministers of her own Household and the other to the Officers and Ministers of her own Court of her own Revenues in both of which if any should demean themselves any way unlawfully or untruly her Majesty was of her self he said both able and willing to see due Reformation and so would do to publick example of others upon any of the said Officers or Ministers which at any time should be found to offend in any particularity either in her said Household or in her said Court. Whereupon after sundry Motions Speeches and advices what might best be done for satisfying her Majesty of the doings of this House concerning their dealings in both the said Bills either by way of excuse or confession or otherwise howsoever It was in the end resolved to make choice of some Committee of this House both to consider further of the course and also to search such Precedents as might best serve for that purpose And then were named the said former Committees and Mr. John Hare Mr. Morrice Mr. Clark Mr.
upon the second reading committed unto Mr. Vice-Chamberlain Sir Henry Knyvet Mr. Wroth and others and the Bill was delivered to Mr. Vice-Chamberlain who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber The Bill for relief of the City of Lincoln was brought in by Mr. Vice-Chamberlain one of the Committees in the same who shewed that they have met and conferred upon the same Bill and have amended it in four parts thereof and sheweth wherein leaving the same to the further proceeding of this House in the expediting thereof Mr. Vice-Chamberlain shewed that he and divers others of the Committees of this House met yesterday in Conference about the matter touching abuses of Purveyors and received all such Informations as were then delivered unto them which he said were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them and so moving this House to make choice of four of the Members of the same to be specially selected to attend upon the Lords in the said matter according to her Majesties said pleasure formerly signified unto them by Mr. Speaker Sir Henry Kuyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth were thereupon nominated for that purpose and Ordered and assented that all the Members of this House might at their pleasure in the mean time of the said Conference so to be had with the Lords repair unto the said Sir Henry Knyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth and to every or any one of them with such instructions either in writing or by information otherwise as they shall think fit for the better furnishing of the same Sir Henry Knyvet Mr. Cromwell Mr. Hare and Mr. Wroth with matter against the time of the said conference to be had with the Lords Nota That this House having formerly dealt in this matter and in reforming some exactions of the Exchequer had been forbidden by her Majesty to deal any further therein and yet afterwards upon some new considerations had leave for their further proceeding in the said matter as see before on Saturday the 15 th day and on Thursday the 17 th day and on Monday the 27 th day of February foregoing and on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day and on Monday the 17 th day of this instant March last past Mr. Vice-Chamberlain one of the Committees in the Bill of Hue and Cry appointed on Saturday the 15 th day of this instant March foregoing shewed that in respect of other particular attendance committed unto him in her Majesties service elsewhere he could not be at the said Commitment this Afternoon and therefore prayed he may be excused and some other appointed in his stead Whereupon presently Sir John Parrot and the Master of the Wardrobe were added to the former Committees and the said Mr. Vice-Camberlain withdrawn And the Bill together with the names of the Committees was then delivered to the said Sir John Parrot On Wednesday the 19 th day of March the Bill concerning Glass-houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others and the Bill was delivered to Sir William Moore who with the rest was appointed to meet in the Exchequer Chamber at two of the Clock this Afternoon The Bill for the Lady Gressam was upon the second reading committed unto Mr. Cromwell Mr. Grafton Mr. Grimston Mr. Recorder of London and others who were appointed to meet in the Exchequer Chamber to Morrow in the Afternoon at two of the Clock The Bill against discontinuances in Writs of Error in the Courts of Exchequer and the Kings Bench was read the second time and upon further Motion was read again for the third reading thereof and so passed upon the question The Master of the Wardrobe one of the Committees in the Bill touching Leases of the Lands Parcel of the Possession of the Bishoprick of Oxford brought in the same Bill with report that the said Committees do think the same Bill not meet to be further dealt in by this House The Bill concerning Captains and Souldiers was read the second time and after the doubtfulness of the voices upon two several questions for the commitment thereof was upon the division of the House by the difference of thirty five Persons Ordered to be committed viz. with the Yea one hundred thirty one and with the No ninety six unto all the Privy Council being of this House Sir Henry Knyvet M r Wroth M r Lieutenant of the Tower M r North and others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir John Parrot one of the Committees in the Bill touching Hue and Cry brought in the Bill again with report that the Committees have met and conferred upon the same Bill and finding good Laws in force already touching that matter are of opinion that in respect also partly of the shortness of this Parliament likely to ensue the said Bill may be reserved to be further considered of in another Session Thomas Drurie Gent. being brought to the Bar was charged by M r Speaker in the name of this whole House with great and deep offences committed by him against the whole State of this House in general in having untruly reported and given out both to some of the Lords in the Upper House and also to divers others Persons elsewhere that he could have no justice in this House nor could himself be heard nor have his Witnesses in his Cause heard neither in the House nor before the Committees and also against divers Members of this House in particular in offering unto some of them great threats and to some others of them great sums of Money to speak in this House for him and not against him and likewise in using of hard Speeches both to some of them and of some of them to the great discredit wrong and prejudice both of the whole State of this said House in general and also of divers Members of the same in particular for that in very deed he had been heard at large both in this House and also before the Committees and for that likewise sundry of his misbehaviours towards divers Members of this House were directly proved in this House against him to the full satisfaction of this House in the same And so was required by M r Speaker to answer therein for himself Whereupon the said Thomas Drurie in very humble sort and good terms sought to excuse himself not directly acknowledging any the said offences but humbly craving pardon of this House if he had committed any such And then being sequestred the House till his said pretended Speeches of excuse and conditional form of craving pardon were considered of it was by divers of the Members of this House grieved
Her Majesty thinketh this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability for that one dischargeth himself and the other is not able to satisfie what he is charged withal These things would be reformed by such as are Commissioners in this present service Her Majesty further hath willed me to signify unto you that the calling of this Parliament now is not for the making of any more new Laws and Statutes for there are already a sufficient number both of Ecclesiastical and Temporal and so many there be that rather than to burthen the Subject with more to their grievance it were fitting an Abridgment were made of those there are already Wherefore it is her Majesties Pleasure that the time be not spent therein But the principal Cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding of those intended Invasions which are now greater than were ever heretofore heard of And whereas heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and of vain ostentations more than in speaking things of substance The time that is precious would not be thus spent The Sessions cannot be long by reason the Spring time 't is fit that Gentlemen should repair to their Countries the Justices of Assize also to go their Circuits So the good hours should not be lost in idle Speeches but the little time we have should be bestowed wholly on such businesses as are needful to be considered of And so willed them to Elect a Speaker As soon as the Lord Keepers Speech was ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the ancient use and form which were as followeth viz. Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Lord Chief Justice of the Kings-Bench John Clynch one of the Justices of the Kings-Bench Francis Gawdy another of the Justices of the said Bench Doctor Awberry and Doctor Ford. They which will deliver Petitions are to deliver the same within six days next ensuing Receivors of Petitions for Gascoign and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir William Perrian Lord Chief Baron and Thomas Walmsley one of the Justices of the Common-Pleas Doctor Cary and Doctor Stanhop And they which will deliver Petitions are to deliver the same within six days next ensuing Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquess of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Pembroke the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton All these or any four of them calling to them the Lord Keeper of the Great Seal of England and the Treasurer and the Queens Serjeants when need shall require shall hold their places in the Chamberlains Chamber Tryors of Petitions for Gascoign and other parts beyond the Seas and the Isles the Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst These or any four of them calling unto them the Queens Serjeants when need shall require shall hold their places in the Treasurers Chamber Nota That all that which is set down touching the coming up of those of the House of Commons into the Higher House and the Lord Keepers Speech being before placed after the names of such Lords Spiritual and Temporal as were this day present is not found in the Original Journal-Book of the Upper House but is here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament And I have always thought it most fitting in all these several Journals ever to refer the aforesaid Speeches the Presentments of the Speakers and such other Passages as are wholly handled and agitated in the Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for Orders sake to give a short touch or remembrance of them in the Journal of the House of Commons Finally at the Conclusion of this days business the Continuance of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Custos magni Sigilli ex Mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox ' futurum On Thursday the 22 th day of February to which day the Parliament had been last continued the Queens Majesty her self came about three of the Clock in the Afternoon accompanied by the Archbishop of Canterbury Sir John Puckering Knight Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquess of Winchester and divers others of the Lords Spiritual and Temporal being for the most part the very same that are by name set down to have been present on Monday foregoing the first day of this Parliament The Queen and the Lords being thus set the House of Commons had notice thereof who immediately thereupon came up with Edward Cooke Esquire the Queens Sollicitor into the Upper House whom they had Chosen for their Speaker or Prolocutor Which said Speaker being led up to the Bar at the nether end of the said House between two of the most Eminent Personages of the House of Commons who as soon as silence was made and the rest of the said House as many as could conveniently get in had placed themselves in the space below the said Bar spake as followeth YOur Majesties most loving Subjects the Knights Citizens and Burgesses of the House of Commons have nominated me your Graces poor Servant and Subject to be their Speaker This their nomination hath hitherto proceeded that they present me to speak before your Majesty Yet this their nomination is only as yet a Nomination and no Election until your Majesty giveth Allowance and Approbation For as in the Heavens a Star is but opacum Corpus until it have received light from the Sun so stand I Corpus opacum a Mute Body until your Highness bright shining Wisdom hath looked upon me and allowed me How great a Charge this is to be the Mouth of such a Body as your whole Commons represent to utter what is spoken Grandia Regni My small Experience being a poor Professor of the Law can tell But how unable I
who accordingly were admitted to their several places Two Bills also this Morning of no great moment had each of them one reading of which the first was the Bill for the better Assurance and Confirmation of the Jointure of the Lady Margaret Countess of Cumberland which was read prima vice On Thursday the first day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being the Bill for the Assurance of certain Lands sold to Liste Cave and others was read primâ vice On Saturday the third day of March to which day the Parliament had been continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the first being against Counterfeiting of Councellors and principal Officers hands was read primâ vice On Monday the 5 th day of March to which day the Parliament had been last continued on Saturday foregoing Three Bills of no great moment had each of them one reading of which the second being against Counterfeiting of Councellors and principal Officers hands was read secundâ vice commissa ad ingrossand 5 Martii introductae sunt literae procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh The saurarium Angliae Robertum Comitem Essex Vicecomitem Hereford ' Dominum Ferrers de Chartly Quod nota On Tuesday the 6 th day of March the Bill for the Assurance of Land sold to Lisle Cave was read tertiâ vice On Wednesday the 7 th day of March to which day the Parliament had been last continued Retornatum est breve quo Johannes Salisburien ' Episcopus praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno There was also brought up to the Lords from the House of Commons a Bill for the Naturalizing and making free of William Sidney Son of Sir Robert Sidney Knight Governor of Flushing and Dame Barbara his Wife and of Peregrine Wingfield Son and Heir of Sir John Wingfield Knight and Dame Susan Countess of Kent his Wife And this day also was one extraordinary or unusual Proxy returned from a spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxy is thus Entred in the begining of the Original Journal-Book of this Parliament 7 Martii introductae sunt literae procuratoriae Matthaei Dunelmensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 8 th day of March to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason Not long after this Bill upon the second reading had been committed to ingrossing according to a certainOrder formerly made by the Lords Francis Englefield Esquire appeared before them with one of the Learned Councel who were commanded to declare why an Act for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason should not pass And upon Allegations made by the said Learned Councel the Lords Commanded that they should set them down in writing and deliver them to the Attorney General and that on Friday they should attend on the Judges and the Queens Learned Councel at Serjeants-Inn and shew such Deeds of Conveyance as they made mention of before the Lords That the said Lords upon Answer of the Judges and Learned Councel might proceed in the said Bill as it should seem best to their Lordships On Saturday the 10 th day of March to which day the Parliament had been last continued the Bill for Naturalizing and making free of William Sidney the eldest Son of Sir Robert Sidney K t c. being read primâ vice the Lords gave in Commandment to M r Attorney General to bring on Monday certain Depositions remaining in the Exchequer concerning the Cause of Sir Francis Englefield after they had first heard the Opinion of the Judges which was delivered to the Lord Chief Justice of England On Monday the 12 th day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for restraining of Popish Recusants to some certain places of aboad was read tertia vice conclusa On Tuesday the 13 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the Lands of Henry Lord Abergavenny deceased was read tertiâ vice conclusa The Lords at the Bishop of Worcesters Motion condescended to a Contribution for relief of such poor Souldiers as went begging in the Streets of London viz. That every Earl should give forty shillings every Bishop thirty shillings and every Baron twenty shillings And appointed the said Bishop and Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and the Lord Willoughby of Eresby On Thursday the 15 th day of March to which day the Parliament had been last continued Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Lord Harowden was read primâ vice On Friday the 16 th day of March Two Bills of no great moment of which the first being against persons Outlawed and such as will not pay their Debts and Duties was read tertia vice conclusa And then the Lord Keeper continued the Parliament in the usual form to Monday following On Monday the 19 th day of March the Bill touching the Lord Harowden was read secunda vice commissa ad ingrossandum On Tuesday the 20 th day of March the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills were also this Forenoon sent up to the Lords from the House of Commons of which the second touching the sale of certain Mannors Lands and Tenements from Valentine Knightley Esq c. was read prima vice On Thursday the 22 th day of March Two Bills of no great moment had each of them one reading of which the second concerning the Assurance of certain Lands and Tenements to Read Stafford Esquire and Mabell his Wife and to the Heirs of the said Read was read secunda vice On Saturday the 24 th day of March the Bill touching the Lord Harowden was upon the third reading concluded Four Bills were brought up to the Lords from the House of Commons of which the second was concerning the lawful deprivation of Edmond Bonner late Bishop of London On Monday the 26 th day of March to which day the Parliament had been
Ecclesiae tangentibus Your Highness Wisdom and exceeding Judgment withal careful Providence needed not your Councils But yet so urgent Causes there were of this Parliament so important Considerations as that we may say for that we cannot judge never Parliament was so needful as now nor any so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken this sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King quia later a habet latiora he is placed in the midst of their habitations ut in tutissima turri They forrage abroad sucking Honey from ever Flower to bring to their King Ignavnm fuces pccus à praesepibus arcent The drones they drive away out of their Hives non habentes aculeos And who so assails their King in him immittunt aculeos tamen Rex ipse est sine Aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your Wings we live and wish you may ever sit upon your Throne over us And whosoever shall not say Amen for them we pray ut convertantur ne percant ut consundantur ne noccant Under your happy government we live upon Honey we suck upon every sweet Flower But where the Bee sucketh Honey there also the Spider draweth Poyson Some such venoms there be But such Drones and Door Bees we will expel the Hive and serve your Majesty and withstand any enemy that shall assault you Our Lands our Goods our Lives are prostrate at your feet to be commanded Yea and thanked be God and Honour be to your Majesty for it such is the power and force of your Subjects that of their own strength they are able to encounter your greatest enemies And though we be such yet have we a Prince that is sine Aculeo so full of that Clemency is your Majesty I fear I have been too long and therefore to come now to your Laws The Laws we have conferred upon this Sessions of so Honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek Life The first sort are those Laws that had continuances until this Parliament and are now to receive new Life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the Honour where it is due for they come from the Noble wise Lords of the Upper House the most Honourable and beneficial Laws that could be desired the one a confirmation of all Letters Patents from your Majesties most Noble Father of all Ecclesiastical Livings which that King of most renowned memory your Father took from those Superstitious Monasteries and Priories and translated them to the erecting and setting up of many Foundations of Cathedral Churches and Colledges greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinate Recusant and the dangerous Sectary both very pernitious to your Government Lastly Your loving and obedient Subjects the Commons of the Lower House humbly and with all dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great offences are pardoned But it extendeth only to offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your Majesties most gracious Pardon The Lord Keeper received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speakers Oration very excellently and exactly done And those things which follow are to this or the like purpose viz. That her Majesty did most graciously accept of these Services and Devotions of this Parliament commending them that they had imployed the time so well and spent it in so necessary affairs save only that in some things they had spent more time than needed But she perceived that some men did it more for their satisfaction than the necessity of the thing deserved She misliketh also that such irreverence was shewed towards Privy Councellors who were not to be accounted as common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the other are standing Councellors and for their wisdom and great service are called to the Council of the State That the Queens Majesty had heard that some men in the Cause of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now imminent That her Majesty would not have the people seared with a report of great dangers but rather to be encouraged with boldness against the Enemies of the State And that therefore she straitly charged and commanded that the Mustered Companies in every Shire should be supplied if they were decayed And that their Provisions of Armor and Munition should be better than heretofore it hath been used That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects But except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasures were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not have charged her Subjects nor have accepted of this they give her The Lord Keeper's Speech being ended after some time of Intermission the Queen being set in her Chair of State used a Princely Speech unto the House of which the greatest part was to the effect and purpose following viz. THis Kingdom hath had many Wise Noble and Victorious Princes I will not compare with any of them in Wisdom Fortitude and other Vertues but saving the Duty of a Child that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge that my Womanhood and weakness in that respect But
except those before-named went free and were never called in question that I heard of And thus far it is inserted out of the aforesaid Anonymous Journal On Monday the 26 th day of February the Bill for reducing disloyal Subjects to their due Obedience had its first reading Upon a Motion made by M r George Moore touching some questions for the manner of Election of one Richard Hutton returned into this House one of the Burgesses for the Borough of Southwark in the County of Surrey and supposed to have been indirectly made and so prayed to be further Examined by some Committee of this House and then to be reported over to this House for the further Order of this House in the same And upon another Motion thereupon also made by M r Wroth for a Committee for the Liberties and Priviledges of the Members of this House and their Servants it is upon the question Ordered that all the Members of this House being of her Majesties Privy-Council Sir William Moore M r Serjeant Yelverton M r Robert Wroth M r Recorder of London M r Heyle M r Conisby M r Miles Sands M r Attorney of the Wards M r Attorney of the Dutchy M r William Howard Sir Henry Cooke Sir Francis Godolphin Sir George Moore Sir Walter Raleigh Sir Francis Drake M r Tanfield M r Francis Bacon M r Lewkenor Sir John Harrington M r Emersam Sir Edward Hobby M r Lawrence Stourton M r Beale M r Doctor James Sir Henry Duton M r Doctor Caesar M r Tasborough Sir Moyle Finch Sir Thomas Cecill and Sir Francis Hastings shall during all this present Sessions of Parliament examine and make report of all such Cases touching the Elections and Returns of any the Knights Citizens Burgesses and Barons of this House and also all such Cases for priviledge as in any wise may occur or fall out during all the same Sessions of Parliament to the end this House upon the Reports of the same Examinations may proceed to such further course in every the same Cases as to this House shall be thought meet And it is further Ordered that the said Committees do meet upon Wednesday next in the Exchequer Chamber at three of the Clock in the Afternoon to examine the manner of the said Election of the said Richard Hutton and also any other case of Elections Returns or Priviledges whatsoever in question which shall be moved unto them by any Member of this House at their Pleasure And notice was then also given in the House to all the Members of the same that in all these Cases they might from time to time repair to the said Committees as occasion shall serve accordingly The Bill touching salted Fish and salted Herrings had its first reading Sir Robert Cecill Sir John Wolley Sir John Fortescue Sir Edward Stafford and M r Francis Bacon having severally delivered most manifest and apparent reasons of the inevitable necessity both of present consultation and also of present Provision of Treasure to prevent and withstand the great imminent perils and dangers of this Realm intended against the same by the King of Spain the Pope and other Confederates of the Holy League The said Sir Robert Cecill Sir John Fortescue Sir John Wolley and M r Francis Bacon laying open the sundry particular practices of the King of Spain against the State of this Realm attempted both in Ireland the Low Countries France and Scotland do each of them in the end conclude and move That a grave Committee of this House be presently selected to have Conference touching some fit course to be taken for the said consultation and provision of Treasure And thereupon it was upon the Question Ordered and Assented to by the whole House Nota That this is all that is found in the Original Journal-Book of the House of Commons touching these Speeches which because they contain many Excellent Passages concerning the History of these times of her Majesty I have therefore supplied at large Sir Edward Staffords Speech only excepted which was wanting there also out of a very Elaborate Journal of the same House taken by some Anonymous Member thereof at this Parliament which is mentioned more at large in the beginning of this present Journal Sir Robert Cecill spake first and said As I remember I have been of this House these five Parliaments and I have not determined to say any thing in these Assemblies further than my Cogitations should concur with my Conscience in saying bare I or No. Give me leave I pray you to rehearse an old saying and it is in Latin Nec te collaudes nec te vituperes ipse for me to do the one were exceeding arrogancy and to do the other I do confess I hope you will pardon me The occasion of this Parliament as I take it by that which we received from the Honourable and Learned Speech of the Lord Keeper of and from her Majesty to us in the Higher House is for the cause of Religion and maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm of our Country All which because they be things of most dear and greatest price and at this present in exceeding great and imminent danger it is most behoofful to consult of speedy remedies which should proceed from the wisest Heads The Enemy to these is the King of Spain whose malice and ambition is such as together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with envy at our Prosperity the other with unsatiable desire makes them by all means to seek the Subversion of the State But concerning the first the cause of God and his Religion which her Majesty professed before she came to sit in this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government since her coming to the Crown Yea while the Crown was scarce warm on her Head she abolished the Authority of Rome and did set up Gods truth amongst us and to her great renown made this little Land to be a Sanctuary for all the persecuted Saints of God whereby the people perceived her Magnanimity Zeal and Judgment Magnanimity in undertaking so great an Enterprize Zeal in professing the same not for the shew but of sincerity Judgment in defending it and preventing all his designs He sent forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural right the Duty and Loyalty which her Subjects should owe unto her c. He touched the many dangers her Majesty had been in which as it caused him to fear to think so did he tremble to speak concerning the danger of her Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things past so long and perhaps beyond my reach but with things past of late years and since Eighty eight When
we were so secure and never thought that the King of Spain would have set up his Rest for England Then sent he his Navy termed Invincible and was almost upon the Banks of us before we were aware Yea we were so slack in provision that it was too late to make resistance had not God preserved us His attempt against us by seeking to win the Low-Countries and to obtain Ireland being but trifles and partly devices which I mean not to trouble you with he hath now of late gone about to win France wherein he hath greatly prevailed as in Lorrain and in other parts as you have heard but specially in Britany having most part of the Port Towns in his Possession whither he still sendeth supply daily and reinforces them every four or five Months which part is always open and his men and forces never wanting This Province he especially desireth for it lyeth most fitly to annoy us whither he may send forces continually and there have his Navy in a readiness the which he could not so easily unless he had the wind in a bag Besides having this Province he might keep us from Traffick to Rochell and Burdeaux as he doth in the Straights from Tripoly and S t Jean de Lucc And so hinder us from carrying forth and bringing into this Land any Commodities from those parts whereby the Realm might be inriched and her Majesties Impost ever eased being one of the greatest Revenues of her Crown He hath also gone about with them of Stade and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may not so easily command him to impeach or hinder our Traffick in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet lower into these latter Actions He hath seen it is but a folly to make Woodden Bridges to pass into Ireland therefore he hath found out a safer way and stronger passage into it by Land and that by Scotland which though it be not talked of on the Exchange nor Preached at Paul's Cross yet it is most true and in Scotland as common as the high-way That he hath procured unto him many of the Nobility It may be he hath sent thither no great Navy and that her Majesty would not suffer him to do yet do what she can some one Paltry Fly-Boat may escape her Majesties Ships and carry gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and Advertized the King thereof which the effect hath proved to be true For unless I be deceived the last Letter that came from thence might shew that the King is gone to make a Rode into the North and to bring back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus daily increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments The number also of Papists daily increaseth or at least wise becomes more manifest My advice is that you would consult how to withstand such imminent dangers which the greater they be the sooner they would be looked into and remembred Wherefore I would desire M r Speaker that he would appoint some Committees of the sufficientest and wisest men in the House to consider thereon Sir John Wolley spake to the like Effect saying that upon the Cause of the danger the Realm was now in and of the remedy his Speech should consist which he likened to a natural Body in which the more danger the principal Member was in the greater means there should be used for the preservation thereof Roan being made now Admiral of France by the League should say that he was a poor Admiral now but yet he doubted not ' but that shortly he should be able to bring such a Navy as should terrify the Queen of England Also he shewed how the Princes of the Holy League had conspired the overthrow of the Realm the extirpation of Religion and the confusion of her Majesty and her Loyal Subjects And exhorted the House now because the season of the year groweth on which calleth many of the Knights and Burgesses to be in their Countries besides the Sickness being in the Town so that many of that House he thought knew not whether they lodged in Houses infected or not that they would seek to dispatch and end the Parliament so soon as might be He also shewed how the Dunkirkers trouled our Fishermen in small Barks upon the Sea-coasts And so that this matter might be Committed to some of the sufficientest in the House He also exhorted the House to a speedy agreeing of a Subsidy which considering the dangers we were in and that it was for our own good as also for her Majesty's he hoped that no good Subject but would willingly agree to it Also he shewed that the Wars with the King of Spain had cost her Majesty a Million of Money but this he avouched that where it cost her Majesty one it cost the King of Spain three Then Sir John Fortescue spake and said They that spake before me spake sufficiently of the Authors of our trouble of the great danger which is now imminent insomuch that as it is come to that point now Non utrùm imperare sed utrùm vivere I will speak of nothing but that which concerns my Calling Her Majesty not being only careful for the preservation of Her own Realm but of her Neighbours also she hath not only defended her own Subjects from being invaded but also hath aided Strangers which wanted Money with whom otherwise it would have gone ill by this time both with them and ourselves Insomuch that the burthen of four Kingdoms hath rested upon her Majesty which she hath maintained with her Purse England France Ireland and Scotland For how could the French King at his first coming to the Crown have held out against those Leaguers had not her Majesty assisted him with her Men and Money which hath cost her Majesty about a hundred thonsand pound For 't is well known that the French King had not been able to withstand the Duke of Parma's coming into France had it not been for our Englishmen and Money As for the Low Countries they have stood her Majesty in yearly since she undertook the defence of them one hundred and fifty thousand pound All which her Majesty bestowed for the good of the Realm to free us from War at home Besides when her Majesty came to the Crown she found it four Millions indebted her Navy when she came to view it she found greatly decayed Yet all this hath discharged and thanks be to God is nothing indebted and now she is able to match any Prince in Europe which the Spaniards found when they came to invade as Yea she hath with her Ships compassed the whole world whereby this Land is made famous throughout all places
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
should meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer for drawing the Articles and Preamble of the said Bill accordingly to the end the same Articles and Preamble being considered of afterwards by this House the same may be delivered by Mr. Speaker to her Majesties Learned Council for the framing and drawing of the said Bill Now in the next place there ensueth the Relation of her Majesties sending for the Speaker yesterday and of the Message which she gave him in Command to deliver to the House all which he declared at large this day as it is very elaborately and fully set down in the Anonymous Journal mentioned more particularly at the beginning of this present Journal and therefore it is wholly inserted out of it and the rather because it is almost wholly wanting in the Original Journal-Book it self there being one whole blank Page and a good part of another Page left unwritten with intention doubtless at first to have inserted it although it was afterwards very negligently omitted by Mr. Fulk Onslow Clerk of the said House of Commons It is therefore as is aforesaid very fitly supplied out of the Anonymous Journal in manner and form following viz. After these Speeches before set down touching the Subsidy M r Speaker stood up and said That he had a Message to deliver from her Majesty to the said House Yesterday a great number of this House after many Speeches used delivered two Bills to me Which Bills though not read yet were diversly spoken of They being long the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bills I humbly thank this Honourable House time was freely granted me It being almost twelve of the Clock I had perused and read both the Bills I have them about me and they have been continually with me ever since they were delivered unto me Never any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most Excellent Majesty unto the Body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter that ever I had to deal in Wherefore I pray God to direct mentem linguam hanc I must be short for her Majesties words were not many And I may perhaps fail in the delivery of them For though my Auditors be great yet who is so impudent whom the presence of such a Majesty could not appal And it did greatly fear me when I saw none of these honourable persons in her presence who were present at the holding of the matter in this House Yet God in his Providence had appointed it That even in this while came in some of the persons here present who if I fail in delivering what is given me in Charge can report it unto you And I am glad there are Witnesses with me in this Action what was my faithful service for this House I protest a greater comfort never befel me than that this my integrity and faithful promise to this House is not violated For her Majesty in her most gracious Wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this only she required of me what were the things in the Bill spoken of by the House which points I only delivered as they that heard me can tell The Message delivered me from her Majesty consisteth in three things First The end for which the Parliament was called Secondly The Speech which the Lord Keeper used from her Majesty Thirdly What her Pleasure and Commandment now is For the first it is in me and my Power I speak now in her Majesties Person to call Parliaments it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliaments The calling of this Parliament was only that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharp means to a more due Obedience and more true service of God than there hath been hitherto used And further that the Safety of her Majesties Person and of this Realm might be by all means possible provided for against our great Enemies the Pope and the King of Spain Her Majesties Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or Causes Ecclesiastical for so her Majesty termed them She wondred that any could be of so high commandment to attempt I use her own words a thing so expresly contrary to that which she had forbidden Wherefore with this she was highly offended And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not then present her Majesties present charge and express Commandment is that no Bill touching the said matters of State or reformation in Causes Ecclesiastical be exhibited And upon my Allegeance I am Commanded if any such Bill be exhibited not to read it c. Thus far out of the said Anonymous Journal On Thursday the first day of March Four Bills of no great moment had each of them one reading of which the first being the Bill against Strangers born to sell by way of retail Foreign Wares brought into this Realm was read the first time Mr. Serjeant Yelverton one of the Committees for the examination of the Election and Return of the Members of this House and also of the Cases for Priviledge appointed on Monday the 26 th day of February last past happening to fall out during this present Sessions of Parliament shewed that he and the residue of the Committees for those Causes did meet yesterday in the Afternoon according to the Commission of this House to them in that behalf and that having then some Cases brought unto them both touching Elections and Returns in sundry sorts and also one Case of Priviledge touching one Mr. Fitzherbert Elected a Member into this House and alledged to be Outlawed upon Judgment shewed that the greater number of the said Committees having travelled in these Cases did impose upon him the Charge of making the Report thereof unto this House Which because he would gladly do in such wise as the more part of the said Committees had assented unto he had set down the same he said in a Note for his better remembrance in writing And so particularly recited theState of the saidCases treated of amongst the said Committees and to be so reported over unto this House for the further resolution and order of this House to be had in the same After which words although there follow some four lines more in the
themselves consider of the Subsidy without joining These following spake for the Subsidy especially inforcing the necessity of it Sir William Moore shewed first That her Majesty had more Cause to have the Subsidy than had H. 8. E. 6. or Queen Mary for H. 8. his Wars continued not though they were violent for the time His Wars were impulsive and not defensive He had the suppression of all the Abbies a matter of great riches unto him He had a Benevolence and then a Subsidy paid within three Months Edw. 6. had Chantries and all the Church Plate for relief paid him Queen Mary had a relief paid her which she never repaid But her Majesty that now is hath been a continual defence of her own Realm and her Neighbours Kingdoms England Ireland France and the Low Countries yet hath she repaid the Loans and had not such helps Sir George Carey said I speak for the Subsidy first answering one that had said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking somewhat from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them For eminent dangers hang over our heads and are intended to us this Summer The Spaniard already hath sent seven thousand Pistolets of Gold into Scotland to corrupt the Nobility and to the King twenty thousand Crowns now lately were dispatched out of France into Scotland for the Levying of three thousand which the Scottish Lords have promised and the King of Spain will Levy thirty thousand more and give them all Pay Her Majesty is determined to send Sir Francis Drake to Sea to encounter them with a great Navy Wherefore this our danger is to be prevented and those her Majesties infinite Charges by us to be supplied Sir Walter Raleigh spake for the Subsidy not only as he protested to please the Queen to whom he was infinitely bound above his deserts but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain And to shew his Mightiness he told how he possessed all the World As also that his malice and ill purpose was evident to this Realm he shewed how on every side he had beleaguered us In Denmark the King being young he had corrupted the Council and Nobility so as he was very like to speed himself of shipping from thence In the Marine Towns of the Low Countries and in Norway he laid in great store of shipping In France he had the Parliament Towns at his Command In Brittany he had all the best Havens And in Scotland he had so corrupted the Nobility that he had promised them Forces to re-establish Papistry That they were ready to joyn with any Foreign Forces that would make them strong to be by themselves and to resist others For as he thought there were not six Gentlemen of that Country of one Religion In his own Country there is all possible repairing and he is coming with sixty Gallies besides other Shipping with purpose to annoy us We must then have no Ships if he invade us riding at Anchor all will be little enough to withstand him At his coming he fully determineth to get Plymouth or at least to possess some of the Havens this Summer within our Land And Plymouth is a place of most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him is this to send a Royal Army to supplant him in Brittany and to possess our selves there And to send a strong Navy to Sea and to lye with it upon the Cape and such places as his Ships bring his Riches to that they may set upon all that come This we are able to do and undoubtedly with fortunate success if we undertake it Thus far out of the aforesaid Anonymous Journal That which next follows is out of the Original Journal-Book it self On Saturday the third day of March Sir Henry Knivett entred into a discourse touching the priviledge of this House of ancient time used and accustomed for the conventing of any person into this Court thinking for his Opinion that M r Fitzherbert is rather to be called to appear in this House by the Serjeants Mace of this House than by any Writ of the Chancery And so entring into a recital of George Ferrers his Case was put in remembrance by M r Speaker that the manner for the bringing in of the said M r Fitzherbert had received the Order of this House yesterday and was therefore now neither to be recalled nor further treated of by this House till the appearance of the said M r Fitzherbert be first here made in this House according to the said former Order for the same Sir Robert Cecill one of the Committees for the framing of an Answer of this House to be made to the motion of the Lords concerning the Subsidy did meet yesterday in the Afternoon and having had much speech and many Arguments did not as then conclude or resolve of any form of Answer at all for that sundry of the same Committees then seemed diversly to conceive of the substance of the matter delivered to them in Charge by this House some conceiving it to tend only to the Consideration of the said Note read by the said M r Francis Bacon and no further and some again that their Commission was to treat generally of such a form of Answer unto the said Motion as the more part of the same Committees should think fittest and the same afterwards to be reported to this House and referred further to the consideration of this House to be liked of or not liked of at their pleasure And shewed further that he and the residue of the said Committees had met together again this Morning and that the most part of the said Committees had for their parts yielded to grant Conference with the Lords if this House should so think good and had appointed him to signify the same unto this House in the name of the said most part of the said Committees which he said he had now done according to their charge which they had imposed upon him And so referring his said report to the censure of the residue of the more part of the said Committees he ended his Speech M r Wroth one other of the said Committees not any way excepting to any part of the said Report made by the said Sir Robert Cecill so as before resolved by the more part of the said Committees for yielding of Conference unto the Lords shewed that he for his own part being also one of the said Committees did not at that time give his assent neither yet now doth that any Conference should be had with the Lords in the said Case for that in his opinion
John Harrington M r Herbert Master of Requests M r Arthur George Sir Thomas Conisby M r Dyer M r Doctor Awbery M r Edward Barker M r Robert Sackvile Sir Henry Poole Sir Edward Stafford Sir Thomas Read Sir Henry Cock M r Lewkenor Sir John Points and Sir Edward Carey who forthwith went up to the Lords of the Upper House with the Message of the said Answer accordingly And shortly after returning again from thence to this House the said M r Chancellor of the Exchequer made report of their delivery of the said Answer to the Lords and shewed that their Lordships well hoped to have had Conference with this House according to their former request And so wished this House to have due care and great consideration touching the speedy provision of a convenient supply of treasure to be had according to the present great necessity of the said Cause And shewed that their Lordships desired to see those precedents of this House by which this House seemeth to refuse the said Conference And so gave end to his Speech for that time One being no Member of this House and yet found to have sitten in this House during the greater part of this Forenoon was brought to the Bar and being there examined by M r Speaker of his name and place of abode answered his name to be John Legg and that he was Servant to the Earl of Northumberland and pleading simplicity and ignorance for his excuse and alledging that he had some business to do with M r Doctor Herbert Master of the Requests from the said Earl his Master and that therefore he entred into the said House not thinking any harm nor knowing the danger thereof And so humbly praying pardon was in the end committed to the Custody of the Serjeant of this House till this House shall upon further Examination of the matter take other Order The Bill for Naturalizing of William Sidney and Peregrine Wingfield was twice read and upon the Question was Ordered to be ingrossed Four Bills also had each of them one reading of which the second being the Bill touching George Ognell Esquire had its first reading The substance whereof is taken out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal in manner and form following viz. One Trussell having sold the Mannor of Binsley to Ognell for good consideration and afterwards of purpose to defeat this Purchase caused himself to be Indicted of Felony done in Kent before the Seal to Ognell and was thereof Attainted and with relation of the Felony defeated Ognells purchase It was Enacted that this Attainder should be void only as in respect of this Purchase and to that end to be as if Trussell had never been Attainted nor no Lords to have any Escheats or other by reason of this Attainder Her Majesty understanding this was pleased to remit her Interest M r Speaker perceiving some men to whisper together said that it was not the manner of the House that any should whisper or talk secretly for here only publick Speeches are to be used Nota that these two particulars are only supplied out of the aforesaid Anonymous Journal and that which followeth and also that which went before is inserted out of the Original Journal-Book it self Sir Edward Dymock moved that a Commit tee of this House may be appointed for a speedy Conference to be had touching the present necessary provision and Supply of Treasure to be had for the defence of this Realm and State And thereupon the former Committees for the Subsidy whose names see before on Monday the 26 th day of February last past were ordered to meet upon Monday next at two of the Clock in the Afternoon in this House to confer in this Case On Monday the 5 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill against the stealing of Oxen Kine Sheep and Lambs was upon the second reading committed unto M r Wroth M r Sands M r Recorder of London and others and the Bill was delivered to M r Wroth who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon The Bill concerning salted Fish and salted Herrings was read the second time and thereupon committed unto Sir Francis Drake Sir Thomas Sherley the Burgesses of Yarmouth Plymouth Hall and Saltash the Burgesses of all the Port Towns Mr. Robert Wroth Sir Henry Knivet and others and the Bill was delivered to Mr. Wroth who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Nota That after the Commitment of these Bills ensued divers Speeches touching that great business of Conserence with the Lords which had been very largely debated on Saturday last in the House All which said Speeches being either very shortly and imperfectly set down in the Original Journal-Book of the House of Commons or wholly omitted and for which three intire pages and more are there left Blank to have inserted them in which are set down the names only of some of those that spake them therefore they are supplied out of the aforesaid Anonymous Journal very elaborately taken by some Member of the said House during this Parliament and do here next ensue in manner and form following Mr. Beale desired to satisfy the House by reason it was conceived by the Lords the other day that upon his Motion and by his precedent shewed the House was led to deny a Conference with the Lords he acknowledged he had mistaken the question propounded For there being but a Conference desired by the Lords and no confirming of any thing they had done he thought we might and it was sit we should confer And to this end only he shewed the Precedent That in the 9 th year of H. 4. the Commons having granted a Subsidy which the Lords thought too little and they agreed to a greater and would have the Commons to confirm that which they had done this the Commons thought they could not do without prejudice to this House Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him to be satisfyed for that he would have been of another opinion if he had conceived the matter as it was meant Sir Thomas Heneage propounded the Question anew and thought that with the priviledge of the House and by precedents to be shewed there had been Conference with the Lords used upon the like Motion Sir John Wolley thought that the former denyal grew upon mistaking of the Question and upon better consideration would have the matter reversed and now to assent to that which was denyed before Sir Henry Knivett moved that for the freedom of the House it might be concluded amongst them a matter answerable at the Bar for any man to report any thing of any Speech used or matters done in this House
fact therein or in the Election at all And that his Lordship would direct a Writ for chusing of another Burgess for the said Borough of Newtown in the stead of the said John Dudley And that his Lordship would in the said Writ insert the said Cause of misbehaviour so as before alledged Four Bills of no great moment had each of them one reading of which the last being the Bill for Confirmation of the assurance unto certain Purchasers of Lands sold by Sir Richard Knightley Knight M r Valentine Knightley and M r Edward Knightley Esquires was upon the second reading committed unto M r Serjeant Yelverton Sir Henry Umpton M r Cradock and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill to take away the benefit of Clergy in some Cases was twice read and committed unto the former Committees in the last former Bill and M r Richard Brown Gentleman was added unto them who with the rest was appointed to meet at the same time and place as in the said last former Bill viz. to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Two other Bills also had each of them one reading of which the second being the Bill for confirmation of the sale of the Lands of William Raven Gentleman made unto Lisle Cave and others was twice read and committed unto M r Heale M r Serjeant Yelverton Sir Henry Knivet M r Recorder of London and others who were appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Middle-Temple Hall M r Vice-Chamberlain shewed that he and the residue of the Committees of this House for Conference with the Lords did meet together yesterday in the Afternoon according to the appointment of this House and that after many Speeches and Arguments gravely ' delivered by sundry of the said Committees the greater part of them did assent and agree unto the granting of a triple Subsidy and of six Fifteenths and Tenths to be yielded to her Majesty towards the provision against the great and imminent perils and dangers of this Realm The same triple Subsidy and six Fifteenths and Tenths to be levyed and paid in four years in a certain form which they had set down in Articles that is to say one intire Subsidy and two Fifteenths and Tenths at one payment in the first year and one other intire Subsidy and two Fifteenths and Tenths at one other payment in the second year and one intire Subsidy and two Fifteenths and Tenths at two payments in the third and fourth years Which done he moved further to know the resolution of the House Whether it would please them to give liking to the said travel of the said Committees in the said Cause or that it might be their pleasures to resolve of any such other course therein as they may have Warrant to impart unto the Lords this Afternoon according to the promise of this House to the Lords Whereupon after many long and grave Speeches and Arguments by divers of the said Members of this House it was agreed by them all without any contradiction that the proportion should be a treble Subsidy and six Fifteenths and Tenths And the said Articles for the manner of payment being read by the Clerk of the House seemed for the most part to be well liked of Whereupon after some Motions to the Question M r Speaker dividing it into two several parts the one for the number of the said three intire Subsidies and six Fifteenths and Tenths and the other for the manner and time of levying and payment of the same three intire Subsidies and six Fifteenths and Tenths it was upon the same several questions severally resolved by the whole House the proportion to be a treble Subsidy and six Fifteenths and Tenths and the manner of paying and levying the same to be made in four years according to the said Articles thereof read And then were the said Committees appointed and authorized by this House to signify the said resolution of this House unto their Lordships in the Afternoon of this present day accordingly and to be reported unto their said Lordships by Sir Robert Cecill for that M r Vice-Chamberlain was then at that very instant very sharply grieved and pained with his infirmity of the Gout On Friday the 9 th day of March the Bill concerning Woollen-Cloths called Vesses c. was upon the second reading committed unto Sir William Knolles Sir John Hart M r Recorder of London M r Wroth and others who were appointed to meet upon Tuesday next at two of the Clock in the Afternoon in the Exchequer Chamber Sir John Harrington and Sir Thomas Wilkes are added to the former Committees in the Bill for Confirmation of Assurances unto certain Purchasors of Lands sold by Sir Richard Knightley K r M r Valentine Knightley and M r Edward Knightley Esquires appointed yesterday The Committees in the Bill touching Recusants nominated on Wednesday the 28 th day of February foregoing are appointed to meet in this House at two of the Clock this Afternoon The Committees in the Bill also for Naturalizing of Samuel Saltingstall and others nominated on Monday the sixth day of this instant March soregoing are appointed to meet to Morrow at two of the Clock in the Afternoon in the Middle-Temple Hall The Bill concerning Spinners and Weavers was read the first time The Bill for the Confirmation of the Joynture of the Lady Margaret Countess of Cumberland is deferred till to Morrow to be further dealt in Sir Robert Cecill reporteth at large the Message of this House yesterday by him and the residue of the Committees of this House delivered unto their Lordships and their Lordships good acceptation of the same Which done after sundry other speeches of divers Members of this House it was resolved upon the Question that the former Committees of this House for the Subsidy their names being then read by the Clerk of this House should meet in this House at two of the Clock in the Afternoon of this present day for the setting down of Articles for the drawing of the Bill for the granting of the Subsidies and six Fifteenths and Tenths to be paid in four years according to the former resolution of this House therein The Bill against springing Uses and Perpetuities was upon the second reading committed unto all the Privy Council being of this House all the Knights of the Shires returned unto this House M r Cradock and others who were appointed to meet in this House upon Tuesday at two of the Clock in the Afternoon Richard Hutton Gentleman one of the Burgesses returned for the Borough of Southwark in the County of Surrey is upon a Motion made by M r Recorder of London and also after some Report made by M r Speaker of the opinion and pleasure of the Lord Keeper in that Case adjudged upon the question to be a Member of the House
one of the Committees in the Bill against counterfeiting of Councellors and principal Officers hands appointed on Saturday the 10 th day of this instant March foregoing shewed that he and the residue of the Committees have met together and upon the end of their Travel therein do all of them think it a very dangerous Bill and not fit in their opinions to pass this House And did further think good to leave the same to the good consideration of this House And because it is a Bill which came from the Lords they thought good with 〈◊〉 said report first made to deliver the said Bill again into this House and so there to leave it in such sort as it is and not otherwise The Bill concerning the Lands late of Henry late Lord Burgavenny was upon the second reading committed unto M r Thomas Fane Sir Henry Knivett M r Recorder of London and others And the Bill was delivered to Sir William Haward one of the said Committees who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Four Bills of no great moment were sent up to the Lords by M r Vice-Chamberlain and others of which the first was touching the sale of Raven's Lands and another touching salted Fish It is Ordered that touching the Bill against Alien Strangers selling by way of Retail whereof report was now made by M r Recorder of London one of the Committees in the same Bill of that which was done yesterday by such of the Committees as then did meet or at the least by the more part of them viz. by five there being in very deed but nine in all both parts should be heard to Morrow in this House with their Council The Bill for Confirmation of Letters Patents to the Mayor Sheriff Citizens and Commonalty of the City of Lincoln was read the third time and passed upon the question M r Serjeant Owen and M r Powle did bring word from the Lords that their Lordships desire Conference with the Committees of this House upon Thursday next at two of the Clock in the Afternoon in the Chamber next the Upper House touching the Continuance of Statutes and relief of poor maimed Souldiers if this House shall so like Which Message being opened to the House by M r Speaker it was Ordered by this whole House that the former Committees of this House whose names see before on Monday the 12 th day of this instant March foregoing should attend their Lordships at the said time and place accordingly Which resolution of this House was also thereupon signified from this House to their Lordships by the said M r Serjeant Owen and M r Powle The Bill for the better expedition of Justice in the Court of Star-Chamber was read the second time After the reading of which Bill M r Francis Bacon stood up and and spake very earnestly against it by means whereof as it should afterwards seem the Bill was Dashed Which said Speech containing divers matters of good moment in it although it be omitted in the Original Journal-Book it self yet I have thought good to supply it out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal being in manner and form following M r Francis Bacon after silence made spake as followeth Neither Profit nor Peril shall move me to speak against my Consciene in this place Yet because I am a party interessed in this Office which the Bill aims at so may I seem to speak with feeling my self also not thinking it fit that being here a Judge I should speak also as a party yet I beseech you as the manner is in places Judicial if the Judge be a party though he sit not there as Judge yet may he defend and speak at the Bar as a party in his own Case So I beseech you because I may hap to yield reason to the satisfying of any that yet may stand for the Bill let me be heard to speak at the Bar. And then he offered to go to the Bar but the House in favour would needs have him speak in the place where he sat First there is cunning shewed in the Bill and for that my Lord Keeper might be affected it seems to give him the bestowing of the Clerks places Secondly to insinuate with practising Lawyers it gives them a Fee For no Interrogatories should be administred whereto their hand was not under Thirdly it offered also some kindness to me for it gave a present Forfeiture of the Office upon sundry defaults Fifthly to the subject in general it pretended a very great relief So that it carried a plausible show but indeed the Bill was in it self prejudicial to her Majesty inconvenient to the Judges of that Court and burthensome to the Subject Prejudicial to her Majesty for it makes a diminution of her Inheritance Inconvenient for the Clerks place hath always been in her Gift and this Bill would carry it to the Lord Keeper who never before had it It is an Indignity offered unto the Court for that the Clerk must be Ordered by an Act of Parliament as if their wisdom and Care were not sufficent to relieve any abuses they should find in their Officers to the grief of the Subject Great Injury is offered to the parties interessed for first an Office which is incident unto the Clerk is given from him he shall not have the appointing of his own Examiner And again the Ancient Fee hath always been twelve pence the sheet and as much in other Courts therefore this is not tolerable And considering the place of his Attendance his place is in the highest Court wherefore in reason his Fee is to have proportion with his Attendance Now where relief and Ease were pretended to the Subjects no such thing will come by the Bill but rather a greater Charge for it gives a Fee for Judicial Acts as for making Reports for which no such Fee is due It appoints that a Councellors hand must be to all Interrogatories so their Clyents must pay a Fee more than usually Also whereas he used upon Commission the parties talking with their Deponents to have Cause presently to draw Interrogatories they thought not ..... before now they cannot minister any such Interrogatories nay to every Commission sitting they must bring their Councel which will be an exceeding great charge Besides the Commissioners are bound under a pain not to accept Interrogatories that are not signed under a Councellors hand so the Commissioners must take notice at their peril who be Councellors admitted to the parties who not These with many other reasons There was much division thereupon Wherefore the Speaker propounded the question that as many as will not have the Bill rejected say I and the other to say No. The voice was so indifferent that it could not be discerned which were greater Then the question grew whether part should go out those that said I or those that said
two thousand weight of strange Coin Now whereas it is so much urged to be against that Charity which is commended to us by Moses towards the Stranger let Moses tell us who is that Stranger even the Fatherless and Widow Wherefore from them we must not reap too clean but cast out some handfuls for them to gather up when we gather our Vintage or when we gather our Corn we must not gather too clean But shall we be put out to gleaning and give our Fields to them That were beyond Charity Wherefore let Moses be expounded by the same Spirit The Apostle saith That he that provideth not for his Family is worse than an Infidel Let us then have an Eye to our Country and our poor Country-men You be here as Patres Patriae you be here as amongst the Romans the Patres conscripti I beseech you have respect unto this City upon whose flourishing Estate the whole Realm dependeth Sir Walter Raleigh spake next and said Whereas it is pretended That for Strangers it is against Charity against Honour against profit to expel them in my opinion it is no matter of Charity to relieve them For first such as fly hither have forsaken their own King and Religion is no pretext for them for we have no Dutchmen here but such as came from those Princes where the Gospel is Preached and here they live disliking our Church For Honour It is Honour to use Strangers as we be used amongst Strangers And it is a lightness in a Common-Wealth yea a baseness in a Nation to give a liberty to another Na which we cannot receive again In Antwerp where our intercourse was most we were never suffered to have a Taylor or a Shoemaker to dwell there Nay at Millain where there are three hundred pound English men they cannot have so much as a Barber amongst them And for Profit they are all of the House of Almoigne who pay nothing yet eat out our profits and supplant our own Nation Custom indeed they pay paying fifteen pence where we pay twelve pence but they are discharged of Subsidies The nature of the Dutchman is to fly to no man but for his profit and they will obey no man long now under Spain now under Mounfort now under the Prince of Orange but under no Governour long The Dutchman by his Policy hath gotten Trading with all the World into his hands yea he is now entring into the Trade of Scarborough Fishing and the Fishing of the New-found Lands which is the stay of the West-Countries They are the people that maintain the King of Spain in his Greatness Were it not for them he were never able to make out such Armies and Navies by Sea it cost her Majesty sixteen thousand pound a year the maintaining of these Countries and yet for all this they Arm her Enemies against her Therefore I see no reason that so much respect should be given unto them And so to conclude in the whole cause I see no matter of Honour no matter of Charity no Profit in relieving them Sir Robert Cecill spake next and said When I first heard this Bill read I promised my self silence for it speaks of Trades wherein I have no skill But upon so great dispute as it hath received on both sides and that very throughly and wisely my understanding is cleared and I see that now which I saw not before What the word Retailing meant I understood not before but now it is brought to a matter of Charity to relieve Strangers and especially such as do not grieve our Eyes This hath brought great Honour to our Kingdom for it is accounted the refuge of distressed Nations for our Arms have been open unto them to cast themselves into our Bosoms But yet our Charity unto them must not hinder or injure our selves Now as the Bill is it is not sufficient for this purpose And if it be put to a Question it must either be dashed or put to ingrossing And for my own Conscience if the Question be now made I am not resolved to give my Voice It were not for the gravity of the House nor the credit of the Committees to have it rejected upon the sudden and as it is now it is not fit to pass in my conceit I see the Citizens themselves will be well assenting unto the reforming of the same for M r Recorder yesterday speaking with Zeal for the City yet with good regard thought the Bill might receive great moderation And thereupon the House was well pleased to stay the Bill and commit it again to the former Committees to whom were further added Sir Robert Cecill Sir Walter Raleigh Sir Henry Knivet M r Wroth and others who were appointed to meet with the former Committees who had been nominated on Tuesday the 6 th day of this instant March foregoing this Afternoon at two of the Clock in this House Now followeth the next days Passages and some others ensuing out of the Original Journal-Book On Saturday the 24 th day of March the Bill touching Clapboards and Casks was twice read and committed unto the Committees that follow viz. M r Treasurer M r Wroth M r Francis Bacon M r Finch and others and the Bill was delivered to M r Treasurer who with the rest was appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber The Bill and Committees names touching the Lands late Sir Francis Englefields Knight Attainted of High Treason who had been nominated on Thursday the 22 th day of this instant March foregoing were delivered to M r Vice-Chamberlain The Bill for relief of maimed Souldiers and Mariners was upon the second reading committed unto the former Committees whose names see before on Monday the 12 th day of this instant March foregoing and Sir Robert Cecill M r Richard Brown M r Hubberd and others were added unto them and appointed to meet on Monday next at two of the Clock in the Afternoon in the Exchequer Chamber and the Bill and Committees names were delivered to Sir Robert Cecill Vicle plus March 28. M r Speaker being moved by M r Edgecombe to read the private Bill for the Town of Stonchouse and offering to have the Bill read first which came from the Lords touching Popish Recusants being a publick Bill and remembred from her Majesty It was upon the further arguing of Sir Edward Dymock put to the question of the House whether the same Bill for the Town of Stonchouse should be read or no and upon the Question made was Ordered no. Four Bills were sent up to the Lords by M r Vice-Chamberlain and others of which one was the Bill for Subsidy and the other touching the Sale of the Gray-Fryers in Cambridge M r Serjeant Owen and M r Doctor Stamhop do bring from the Lords a Bill intituled An Act to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts The Bill for restraining of Popish Recusants to some
Cancelled and rased This I read in my Book For in this Case whatsoever a man tells me 〈◊〉 believe it not unless I see it written Non lego non credo in these Cases In the twenty third of the Queen I was of Councel with one in a Cause where we tryed all means to reverse a Judgment and brought a Writ of Error in the Parliament and the Writ was issuing out of the Parliament and upon the fieri facias was set Domina Regina and it was under the Great Seal of England and the Writ was returned in Parliament So this is plain the Writ is always returnable in Parliament but if in Parliament then of the Upper House for of that House we are but a Limb. This Writ I have seen then thus returned but never any man saw a Writ returnable in the Lower House so for this I hold the Writ cannot be returnable into this House But now for the Authority we have for though this be true I say yet I speak not to take any priviledge from this House for some things there are wherein we have Authority all of us But this is certain whatsoever we do sedente Parliamento it is the Act of the whole Court for the Lords without the Commons and the Commons without the Lords can do nothing Now then at the first before the division of the House all Writs were returned proximo Parliamento but since the division of the House it hath been always used and plainly it must be returned into Chancery And to say we cannot have notice of it nor cannot judge upon the Record being in Chancery plainly we may as well as we do upon the Return of every Burgess which is made into the Chancery and the Cause is all one And the Chancery in making the Writ will not alter from that their Warrant made from this House which must be according unto ancient form for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ I desired to have a recital added in these words Quòd cùm existente Parliamento captus fuit c. with the recital of the Cause of priviledge My Lord Keeper conferring with the Judges upon it would not allow it but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge until there appeared a Cause of priviledge for the party As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers I have heard great learned men say that that Cause is no good Law and that the House did more than was warrantable Now for the Motion of Conference with the Judges the Case of Thorpe 31 H. 6. is not able for this point I have the Record Thorpe was Speaker in that Parliament The Parliament being Summoned to be in June it was Prorogued until September in the mean time Thorpe was taken in Execution by the Duke of York he notwithstanding this thought to have had the priviledge of the Parliament At the next Sessions the matter being greatly considered whether he could have a priviledge or no a Conference was had in the Cause with the Judges the Judges being required in humble sort refused except it were so that the House did command them for in the House of Parliament the chief Judges and their Judgments are controulable by the Court but if the House did command them they would be willing to inform them what in their opinions they knew and thought This they did in the great Cause of Thorpe and I think we should do well in doing the like Now another thing is to be considered for Judicis Officium est ut res it a temperari c. The consideration of Time must accompany a Judges Office the Parliament draweth to an end and this would be done with expedition so the party was appointed to have his Councel the next Morning in the Parliament and they to be heard and have the advice of the Judges Vide the Resolution and Conclusion of this business upon Thursday the 5 th day of this instant April ensuing Thus far out of the aforesaid Anonymous Journal the residue of this days Passages and part of the next are inserted out of the Original Journal-Book it self M r Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners appointed on Monday the 2 d day of this instant April foregoing shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House and shewing the same Amendments with the reasons of them to the House the same Amendments were well liked of by this House and assented to be inserted into this said Bill and after the twice reading of the said Amendments the said Bill so being amended was upon the question Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas had its first reading On Wednesday the fourth day of April M r Barker one of the Committees in the Bill concerning Spinners and Weavers who had been appointed on Monday the 26 th day of March foregoing shewed the meeting and travel of the Committees and their Amendments to the Bill praying the reading of the same Amendments which being read and ordered by the House to be inserted into the Bill the same Amendments were afterwards twice read and the Bill was upon the Question Ordered to be Ingrossed M r Wroth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments to the said Bill and prayeth the reading of the same Amendments which being read and Ordered by the House to be inserted in the said Bill and also twice read afterwards was upon the Question Ordered to be ingrossed The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign Intitled an Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same was read the second time Upon which divers Speeches passed in the House before the said Bill was committed some of them being of very good moment Which because they are omitted in the Original Journal-Book it self are therefore supplied out of the often before recited Anonymous Journal in manner and form following Sir Thomas Cecill Doctor Lewen M r Sands Sir Thomas Heneage Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin Eliz. for reducing disloyal Subjects to their due obedience as is aforesaid Sir Walter Raleigh said In my conceit the Brownists are worthy to be rooted out of a Commonwealth But what danger may grow to our selves if this Law pass it were fit to be considered For it is to be feared that
Darcy de Chiche Dominus North. Dominus Shandois Dominus S t John de Bletso Dominus Buckhurst Dominus Compton These Lords Spiritual and Temporal being sat and her Majesty placed in her Chair of Estate the Knights Citizens and Burgesses of the House of Commons upon notice thereof repaired thither and being as many as conveniently could let in Sir Thomas Egerton by her Majesties Commandment spake as followeth viz. THE Queens most Excellent Majesty my most Gracious and Dread Soveraign hath commanded me to declare unto you my Lords and others here present the Causes which have moved her Highness to summon this High Court of Parliament at this time Which before I can express I must confess truly That the Royal presence of her Majesty the view of your Lordships and this honourable Assembly together with the consideration of the weightiness of the service and my own weakness do much appal me and cause me to fear Wherefore if either through fear I forget or through the many wants and imperfections which I have I fail to perform that duty which is required I do most humbly crave pardon of her Majesty and beseech your Lordships to bear with me The great and Princely Care which her Highness now hath as heretofore she hath ever had to preserve her Kingdoms in Peace and Safety from all Foreign Attempts hath caused her at this present to assemble this honourable and great Council of her Realm to advise of the best and most needful means whereby to continue this her peaceable happy Government and to withstand the malice of her weighty and implacable Enemies which hitherto by the space of many years through her provident and Princely Wisdom hath been performed to the great and inestimable benefit of her Subjects as that the simplest amongst them could not but see and the wisest but admire their happiness therein the whole Realm enjoying Peace in all Security wherein our Neighbour Countries have been torn in pieces and tormented continually with cruel and bloody Wars This her Majesty is pleased to ascribe to the mighty Power and Infinite Mercy of the Almighty And therefore it shall well become us all of all sorts most thankfully upon the Knees of our Hearts to acknowledge no less unto his holy name who of his infinite goodness still preserves her Highness and send her many years over us all in Happiness to Reign In this her blessed Government her Highness chief care and regard above all hath been of the Honour and Service of Almighty God that true Religion might be planted and maintained in the hearts of her people through all the parts of her Realms and as well in that behalf as for the peace and benefits of her Subjects she hath from time to time established many good Laws to meet with the disorders and to punish the offences of wicked and ungodly men that continuing in their bad ways they might not be hardned and go forward in their wickedness For Mora in peccato dat incrementum sceleri And whereas the number of Laws already made is very great some of them being obsolete and worn out of use others idle and vain serving to no purpose some again over-heavy and too severe for the offence others too loose and slack for the faults they are to punish and many so full of difficulty to be understood that they cause many Controversies and much trouble to arise amongst the Subjects You are to enter into a due consideration of the Laws and where you find superfluity to prune and cut off where defect to supply and where ambiguity to explain that they be not burthensome but profitable to the Common-Wealth Which being a Service of importance and very needful to be required yet as nothing is to be regarded if due mean be not had to withstand the malice and the force of those professed Enemies which seek the destruction of the whole State this before and above all is to be thought of and with most endeavour and care to be provided for For in vain are Laws made and to little purpose will they serve be they never so good if such prevail as go about to make a Conquest of the Kingdom Wars heretofore were wont to be made either of Ambition to enlarge Dominions or of revenge to quit injuries But this against us is not so in this the Holy Religion of God is sought to be rooted out the whole Realm to be subdued and the precious life of her Excellent Majesty to be taken away Which hitherto by the powerful hand and great goodness of the Almighty hath been preserved mauger the Devil the Pope and the Spanish Tyrant and all the mischievous designs of all her Enemies Wherefore it is high time that this be looked unto and that no way be left unsought nor means unused which may serve for defence thereof Her Majesty hath not spared to disburse a Mass of Treasure and to sell her Land for maintenance of her Armies by Sea and Land whereby with such small helps as from her Subjects have been yielded she hath defended and kept safe her Dominions from all such forcible attempts as have been made Which being still to be performed by infinite charge her Majesty doth notwithstanding hear of nothing more unwillingly than of Aids and Subsidies to be returned from her people though what she doth receive she doth carefully bestow and infinitely more of her own The Taxations at this day howsoever they seem are nothing so great as heretofore in the Reign of former Kings they have been In the time of Edward the third the two next before him and those three which succeded after him the payments of the Commons did far exceed any that have been since her Majesties Reign which is of Record in Histories to be seen but never cause so great to imploy great sums of Money as now Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties exceeding charge which at this present she is at and is to continue for the defence of the Realm He cannot be well advised who in this case will not be forward to contribute and bestow whatsoever he hath For if with the Common-wealth it go not well well it cannot be with any private or particular person that being in danger He that would seek to lay up Treasure and so inrich himself should be like to him that would busy himself to beautify his House when the City where he dwelleth were on fire or to deck up his Cabbin when the Ship wherein he saileth were ready to drown so as perish he must of necessity either with it or for it To spare in that Case is to spare for those which seek to devour all and to give is to give to our selves her Majesties part only being carefully to bestow what is delivered into her hands Wherein men performing their Duties there is no Cause at all to fear for this War is just
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
Serjeant Harris and Serjeant Heyle were added unto them M r Simnell one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes appointed on Friday the 11. day of this instant November foregoing shewed that the Committees have met together but did not conclude of any thing by reason that it was doubtful whether they were to treat of that matter only or else both of the same and also touching the stealing away of Mens Children without assent of their Parents and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same being before several propounded at the Motion of sundry Members of this House Sir John Fortescue Chancellor of the Exchequer shewed that her Majesty did yesterday last call Mr. Secretary and himself unto her and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House and minding due punishment and redress of the same commanded them to take information of the grievances in particular of the Members of this House that her Highness having certain notice thereof may thereupon give order for the due punishment and redress accordingly Whereupon after sundry other Speeches tending to sundry courses but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor it was in the end resolved that the former Committees who were appointed on Friday the 11 th day of this instant November foregoing to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose and that Sir Thomas Cecill Sir Francis Hastings Sir Robert Wroth Sir Edward Hobby Mr. Robert Wingfield Mr. Fulk Grevill Mr. Nathaniel Bacon Mr. Symnell Mr. George Moore Mr. Francis Bacon Mr. Francis Goodwyn Sir Edward Hastings Sir Henry Worth Sir Anthony Cope Sir William Moore Mr. Hexte Sir John Sudmore Mr. Finch and Mr. Francis Moore should receive Informations of the grievances touching Ecclesiastical Causes this day moved in the House and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Vide Nov. 16. M r Francis Bacon one of the selected Committees concerning Inclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was Ordered that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers c. shewed the meeting of the Committees in that Bill and some Amendments by them made in the same and so delivereth in the same Bill so amended The Bill for repressing of Robberies and touching Huy and Cry was read the second time and upon the question for Commitment was denied to be committed and upon another question for the ingrossing was denied to be ingrossed and so rejected On Tuesday the 15 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for extirpation of Beggars was read the first time Sir Robert Wroth one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen Intituled An Act for encrease of Mariners and for maintenance of Navigation who were appointed on Thursday the 10 th day of this instant November foregoing brought in the Bill with some Amendments made by the Committees which Amendments being twice read in the House the Bill was afterwards and after some Speeches against the Bill Ordered to be ingrossed upon the question M r Serjeant Drew and M r D r Stanhop do bring from the Lords the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annext The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time and passed upon the question M r Chancellor of the Exchequer putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesties direction touching the Causes of her Highnesses calling of this Parliament and shewing at large her Majesties great and excessive Charges sustained for the defence of her Highnesses Realms and Dominions against the force of the King of Spain amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament and declaring further the great necessity of some Mass of Treasure to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesties Forces in defence of her Highness Realms Dominions and Subjects against the Forces and Invasions of the said King of Spain and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary moved for a selected Committee of this House to be nominated to treat and consult concerning that matter M r Secretary Cecill shewed at large the purposes practices and attempts of the said King of Spain against her Majesty and her Realms Dominions and Subjects in divers sorts and at sundry times together with his great overthrows in the same by the mighty hand of God and of her Highnesses Forces to his perpetual ignominy and great dishonour throughout the whole World And so after a large discourse most excellently delivered by him concluded with a Motion for proceeding to the said Committees Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon It was agreed that all the Privy-Council being Members of this House all the Knights returned for the Counties into this present Parliament and all Citizens for Cities returned into this House should meet about the said business on Friday next at two of the Clock in the Afternoon in this House and any other of this House then to come to them also at their pleasures that will Vide plus on Wednesday the 7 th day of December following On Wednesday the 16 th day of November Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton and the Burgesses for the
out of Norwich and Norfolk unwrought was upon the second reading committed unto the former Committees for Logwood and to meet at the same time and place And the Knights of Norfolk M r Nathaniel Bacon and M r Southerton were added unto them And the Bill was delivered to Sir John Hart one of the Committees The Bill concerning the Hospital of Warwick was read the second time and committed unto the Knights for Warwickshire the Burgesses of Warwick M r Linley Sir Francis Hastings M r Recorder of London Mr. Doctor Caesar Mr. Foulk Grevill Sir Robert Wroth and others And the Bill was delivered to M r Foulk Grevill with a Note of the Committees names who with the rest was appointed to meet in the Exchequer Chamber upon Wednesday next at two of the Clock in the Afternoon Thomas Layton Esquire one of the Knights for the County of Salop having been much visited with sickness since his coming up to this Session of Parliament is for the better hope of recovery of his health licensed by M r Speaker to depart home into his Country On Saturday the 19 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars was upon the second reading committed unto Mr. George Moore Mr. Attorney of the Dutchy and Mr. Attorney of the Court of Wards Mr. Francis Bacon Sir Thomas Cecill Sir William Moore Sir Robert Wroth Mr. Recorder of London and others who were appointed to meet on Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Sir John Fortescue Chancellor of the Exchequer one of the Committees for the Subsidy who were appointed on Tuesday the 15 th day of this instant November foregoing shewed the meeting of the Committees yesterday and their assents to grant unto her Majesty three intire Subsidies and six Fifteenths and Tenths the two first Fifteenths to be levied before next and three Subsidies to be paid at three intire payments in the three next years Whereupon some of the House were of opinion that the last of the said three Subsidies should have been in two several years at two several payments in the like manner as the third and last Subsidy granted in the last Parliament was paid Whereupon Mr. Secretary Cecill purporting to the House the said Assent of the Committees for the said payments in manner as Mr. Chancellor had before declared shewing very many forcible reasons and causes of very great importance for the said speedy performance of the said payments accordingly Which done it was upon the Question resolved that the said last payment of the said three Subsidies shall be made in one year and at one intire payment in like sort as the two first of the same three Subsidies are to be paid Vide Decemb. 7 th post Mr. Davies shewing many Corruptions in the Masters of Colledges in the Universities of Oxford and Cambridge in their abusing of the Possessions of the same Colledges contrary to the intents of the Founders converting the benefit of the same to their own private Commodities prayed the advice of this House for reformation and having a Bill drawn to that purpose desired he might have assistance of some of the Members of this House being learned in the Laws for the better digesting of the said Bill against the next sitting of this Court. Wherein Mr. Speaker referred him to Mr. Francis Moore and Mr. Boise with such other Members of the House as are of the Temple together in the same House with the said Mr. Davies Sir Edward Hobbie liking very well of the said Motion made by the said Mr. Davies moved that like consideration may be had of Deans and Chapters as of the said Masters of Colledges On Monday the 21 th day of November the Bill against Bastardy was read the second time and committed unto the former Committees for erecting of Houses of Correction and the punishment of Rogues and sturdy Beggars to meet at the former time and place The Bill for imployment of the Poor on work and to refrain them from idleness was read the second time and committed to the former Committees to meet at the same former time and place The Bill for the Lord Mountjoy had its first reading Sir Thomas Cecill one of the Committees in the Bill for George Durrant who were appointed on Tuesday the 8 th day of this instant November foregoing shewed the meeting of the Committees and sundry particulars of their travel in the said Bill to the good satisfaction of this House Whereupon the said Bill was upon the question Ordered to be ingrossed Mr. Adrian Gilbert one of the Burgesses for Burtport in the County of Dorset is for his necessary repair into the Country unto his Brother Sir Walter Raleigh Knight being as it is said visited with sickness licensed by Mr. Speaker to depart into the Country unto his said Brother The Bill concerning the Lands and Debts of Sir Henry Vnton Knight deceased was read the second time and committed unto Mr. Comptroller Sir Thomas Cecill and others and the Bill was delivered to Sir William Cornwallis who with the rest was appointed to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber M r Baker one of the Committees concerning Weavers and Spinners who were appointed on Thursday the 10 th day of this instant November foregoing brought in the old Bill which was recommitted unto the former Committees and Mr. Nathaniel Bacon Mr. Hext Sir John Savile Mr. Davies and Mr. Bourchier were added unto them All which were appointed to meet in the Middle-Temple Hall upon Wednesday next at two of the Clock in the Afternoon And the Bill was delivered unto Mr. Nathaniel Bacon Mr. Francis Bacon one of the Committees for Tillage and re-edifying of Houses who were appointed on Saturday the 5 th day of this instant November foregoing shewed the sundry meetings and traverses of the Committees in divers and sundry courses concerning the converting of Tillage into Pasture And that as touching the said matter of Tillage they have framed a Bill which he offered unto this House requiring the same might be read to Morrow And as touching the said matter of re-edifying of Houses being not so throughly digested in the said Committee as the other was for Tillage he hopeth nevertheless to have the same very shortly ready to go forward together with the other Mr. Boyse one of the Committees in the Bill for Hospitals abiding and working Houses for the Poor who were appointed on Friday the 18 th day of this instant November foregoing shewed the meeting of the Committees and some Amendments in the Bill and delivered in the Bill so amended which Amendments being twice read the Bill was upon the Question Ordered to be ingrossed Mr. Robert Wingfield one of the Committees touching the abuses of Licences who were appointed on
Clock it being dark Night rose confusedly and would sit no longer Vide concerning this matter on Saturday the 5 th of December postea Note That M r Maynard by consent of the whole House sate in the Chair as Clerk to register the Order of this Committee who wrote at the least two Sheets of Paper By consent also he was licensed to put on his Hat Thus far out of the aforesaid private Journal we now return to the Original Journal-Book it self On Monday the 9 th day of November 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 Henry the Eighth according to a Covenant made by the said King was read the first time Two Bills also had each of them their first reading of which the second was the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inward and Outward The Bill for Reformation of certain Abuses concerning Process and Pleadings in the Court of Exchequer upon supposals without just grounds in the Office of the Treasurers Remembrancer was read the second time and committed unto all the Privy-Council being Members of this House The Queens Learned Councel Members also of this House Sir Robert Wroth Sir Edward Hobbie M r Philipps and others who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock and the Bill and Committees names was delivered unto M r Chancellor of the Exchequer one of the Committees The Committees for continuance of Statutes who were appointed on Thursday the 5 th day of this instant November foregoing were deferr'd until Thursday next in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons what follows is out of the private Journal Heyward 〈◊〉 Esq did this day prefer a Bill against the multitude of Common Sollicitors and at the same time spake as followeth May it please you M r Speaker It was well said by a Worthy Member of this House M r Francis Bacon that every man is bound to help the Common-Wealth the best he may much more is every man in his particular bound being a Member of this House if he knew any dangerous Enormity towards the Common-Wealth not only to open it but if it may be oppose it We being all here within these Walls together may be likened to a Jury close shut up in a Chamber every man there upon his Oath and every man here upon his Conscience being the Grand Jurymen of the Land bound to deal both truly and plainly Herewith though a most unworthy and least sufficient Member of this House my self being touched I had rather adventure my Credit by speaking though confusedly than to stretch my Conscience knowing so great a mischief and inconvenience unto this Kingdom by silence in so pleasing a Cause as I do perswade my self this Bill will be to every man that hears it To which M r Speaker because I may have benefit of Speech if occasion serve at the second reading thereof I will not speak more at this present but only touching the very Tract of the Bill it self The Honourable Personage that in the Upper House in the beginning of this Parliament spake against the lewd abuses of prolling Sollicitors and their great multitude who set dissension betwixt man and man like a Snake cut in pieces crawl together to join themselves again to stir up evil Spirits of Dissension He I say advised us That a Law might be made to repress them I have observed that no man in this Parliament ever offered to prefer any such Bill to this House but sure I am no man spake to this purpose I have therefore M r Speaker presumed out of my young Experience because I know part of their abuses and with that small Portion of Learning that I have to draw a Bill and here it is The title is thus An Act to repress the multitude of Common Sollicitors The body of the Act disableth all persons to sollicit any Cause other than their own There are excepted and fore-prized four several sorts Lawyers and Attornies in their own Courts where they be sworn Servants in Livery and Kinsmen within the fourth degree of Consanguinity And no man within this Kingdom but may find a fitting and convenient Sollicitor within these four Degrees And I humbly pray it being so short that the Bill may be read and received M r Secretary Cecill spake touching the Subsidy as followeth viz. When it was the good pleasure of this House to give Order to the Committees to consider the common danger of the Realm in which not only every Member of this House but every man in the Kingdom is interested it liked the Committees after their resolution to chuse one among all to give account of their proceedings and that is my self I do know it were the safest way for a mans memory to deliver the last resolution without any precedent Argument for rare is the Assembly in which there is not some variety of opinions I need not recite the form the Committee by reason of so good attendance being little inferiour to our Assembly at this present Yet if it be true that forma doth dare Essentiam it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances rather than hazard the interpretation of such a resolution The day was Saturday last the place this House the time about four hours and I am of opinion if we had all agreed upon the manner as we did speedily upon the matter all had been dispatcht in an hour It seemed by the ready consent of the Committees that they came not to look on one another or like Sheep one to accompany another but the matter was well declared by some and at length consented unto by all Our contention bred difference and difference cause of Argument both how to ease the State and make this Subsidy less burthensom which shall be received Some were of opinion that the three pound men should be spared because it was to be considered they had but small Portions Others were of opinion that the four pound men should give double and the rest upwards should be higher Sessed Others were of other Opinions Again it was moved whether this Subsidy should go in the name of a Benevolence or Contribution or whether in the name of a fourth Subsidy but at length most Voices resolved it should have the old name of a Subsidy because Subsidium and Auxilium are all one The most Voices concluded that there should be no exception of the three pound men because according to their rate some were Sessed under value besides separation might breed emulation suspition of partiality and confusion The time was resolved upon And in respect of expedition to be by the first of February And the whole Realm when each
Member of this House neither have we reason to exclude them more than any other especially they being chosen for the most principal City of this Kingdom which is the Chamber of her Majesty whom we should the rather respect for her Majesties sake who doth and will remember their Loyalty and Faithfulness shewed unto her in the late dangerous Action viz. the Earl of Essex's rising for which if ever Prince had Cause of thankfulness unto her Subjects doubtless her Majesty is to confess as much In my opinion therefore we should do great wrong and purchase great blame at their hands that sent them hither in Trust if in a matter of this consequence and so particularly touching the State of this City we should not admit them Committees M r Wiseman said that by committing of a Bill the House allowed of the body thereof though they disallowed of some imperfections in the same and therefore committed it to some chosen men of Trust to reform or amend any thing therein which they found imperfect And it is to be presumed that he that will give his No to the Committing of a Bill will be wholly against the Bill And therefore the House allowing of this Bill to be committed are in my opinion to disallow any that will be against the body of the Bill for being Committees M r Comptroller said he was of opinion for the reason before alledged that they ought to be Committees but he moved another question Whether a Committee speaking against the Bill at the Commitment may also speak at the ingrossing thereof in the House and have his free Voice Sir Edward Hobbie said that may be resolved upon by many Precedents And for mine own opinion I think that he that is against the body of the Bill can be no Committee And he that being a Committee speaketh against the Bill may also speak hereafter in the House Mr. Fulk Grcvil said That a Committee was an artificial body framed out of us who are the general body And therefore that which is spoken at the Committees evanescit it is gone when the body which is the Commitment is dissolved and then every particular Committee is no more a part of the artificial body but of us the general body when he hath his free voice as though he had never spoken before Then Mr. Speaker stood up and said I will propound two questions The first if when a man hath spoken against the body of the Bill he may be a Committee The second whether any Member of this house after having been a Committee in any Bill may afterwards speak in the Negative part against the said Bill Now quoth he I will propound the first question All they that will have a Man that hath been against the body of the Bill to be a Committee let them shew their opinions by saying Yea and not one said Yea. All they that will not say No All said No. So he did for the second question and not one said No but all Yea. Which said Order and resolution was appointed by the House to be entred for a future Precedent accordingly Then he put it to the question whether they of London notwithstanding this Order in respect this Commitment greatly concerneth the State of the City should be Committees And the Yeas were greater than the Noes And thereupon the said Knights and Citizens for London were nominated with the other Committees whose names are now here in the next place inserted out of the Original Journal-Book of the same House in manner and form following All the Privy Council and all the Queens Learned Councel being Members of the House All the Serjeants at Law being of this House Sir George Moore Sir Thomas Conisbie Sir Charles Cavendish Sir Michael Sands Sir Edward Hobbie Sir William Wray the Knights for the Twelve Shires of Wales the Knights for Cornwall and Devonshire the Burgesses for the Borough Towns beyond Trent the Burgesses for Lancaster M r Wingfield M r Thynne M r Fulke Grevill Sir John Egerton Sir Francis Hastings M r Carew M r Francis Moore M r Maynard M r Varney M r Swaine Sir Robert Wroth Sir Jerom Bowes Sir Molle Finch Sir Francis Darcy the Knights and Citizens for London M r Barrington M r Hancock M r Tate and M r Thomas Jones And the Bill and Committees names were delivered to M r Fulk Grevill who with the rest was appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon On Thursday the 12 th day of November Five Bills of no great moment had each of them one reading of which the last being the Bill to avoid trifling and frivolous Suits in Law was read the second time and committed unto M r Lashbrooke M r Hubbard and others who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall at two of the Clock The Bill against Common Sollicitors c. was read the second time and committed to the last former Committees who were appointed to meet at the same time and place The Bill against fraudulent Administration of Intestates goods and the Bill for avoiding of unnecessary delays of Execution upon Judgments were each of them read the third time and passed upon the question and were sent up to the Lords by Mr. Comptroller Mr. Secretary Herbert and others Two Bills also of no great moment had each of them one reading of which the first being the Bill for Denization of certain persons born beyond the Seas was read the second time and Ordered to be ingrossed John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House with contempt committed by him against the Liberties and Priviledges of this House in Arresting of one ..... Wooddall servant unto William Cooke a Member of this House who answered that he knew not that the said Wooddall did belong unto the said Mr. Cooke or unto any other Member of this House and was by the Order of this House committed to the Serjeant's Custody until to Morrow at which time the House hath appointed to take surther Order therein The Bill for confirmation of Grants made to the Queens Majesty and of Letters Patents from her Highness to others was read the second time and committed unto all the Queens Privy Council being of this House Mr. Francis Moore Mr. Tanfield and others And the Bill and Committees names were delivered to Mr. Secretary Herbert who with the rest was appointed to meet upon Saturday next at two of the Clock in the Afternoon in the Exchequer Chamber The Bills formerly appointed to have been sitten upon in Committee upon Saturday next are deferred until Monday in the Afternoon On Friday the 13 th day of November the Bill for the restraining of Butchers in and about the City of London from selling and covetous Ingrossers from buying of Fells and Sheep-Skins c. had its first reading Two Bills had each of them one reading
I went to Sir Edmund's Chamber where I found him to reconcile my self and make an Atonement for that was his word with him As I was doing this M r Serjeant came into the Chamber and there Arrested me whose Arrest I most willingly obeyed and do now acknowledge my self to have offended though not wittingly May it please you I have served her Majesty these eighteen Years in her Wars and in all my Life I was never Trespasser in any offence of this or the like nature I do therefore most humbly beseech you in your Wisdoms to have consideration of the nature and circumstances of mine offence and most willingly I do submit my self to your Censures William Mackerells being a poor simple Fellow could say nothing for himself but only that he knew not M r Pemerton to be of the House no not for his Life if it c. So the Serjeant was commanded to remove them forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with numbers of this nature only impunity the Cause Sir Edmund Morgan said The Gentleman Mr. Speaker is a Man of good desert sort and carriage and I think if he had known me to have been of this House he would not have served me with the Subpoena Truly he came to my Lodging and acknowledged his great fault and prayed me to extenuate it I protest I think he did not know I was of the House And therefore I humbly pray that in regard of his person and good service done to her Majesty his offence may be as freely remitted by the House as it is by me And that it would please you all to reserve your Justice to matters of greater importance Which-Speech was marvellous well liked of by the House M r Pemerton being asked what he could say whether William Mackerells knew him he Answered I and that his men had told him He said he knew that the said William was a very Knave and therefore he would not entreat the favour of the House but let him have the Justice of the House Which Speech was generally misliked as churlish M r Fleetwood a Counsellor of Grayes-Inn shewed unto the House that one Holland a Scrivener by Temple-Bar and his Man had beaten his Servant And he humbly prayed they might be sent for And the question grew upon dispute whether this were punishable And after upon a Precedent vouched by M r Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament And so agreed they should be sent for See the whole matter on Saturday next M r Kennell and M r Mackerells were brought to the Bar and after their offences laid open by the Speaker he said it pleased the House to have so favourable consideration of their offences that they should only have three dayes Imprisonment in the Custody of the Serjeant and pay him their Fees M r Downald moved the House first that that gracious Message which had been sent from her Majesty might be written in the Books of Records of this House being worthy to be written in Gold as well as it is written and fixed in the true heart of every good Subject Secondly That the Honourable Assembly of this House would move her Majesty and be earnest means of speed lest that which is now meant indeed may by protraction of time be altered or perhaps not so happily effected M r Secretary Cecill said I promised to be as silent as I could Among much Speech of the wise there wants not much folly much more in me I do not speak because I do dislike the Motion of the Gentleman that last spake but to defend the diligence and grace of the Queen It is no matter of Toy for a Prince to notifie in publick a matter of this weight Though the Idol of a Monopoly be a great Monster yet after two or three days I doubt not but you shall see him dismember'd And I protest there is not any Soul that lives deserves thanks in this Cause but our Sovereign Yesterday the Queen gave Order for a Draught of a Proclamation I had it in my hand You all know I went even now out of the House that was in the middle of M r Tate's Speech then I read it and sent for him that should deliver it to her hands Now what needs this new Zeal M r Davies said M r Speaker I stood up before to speak it is not much I had to say only this That which was delivered unto you from her sacred self I think to be Gospel that is Glad Tidings And as the Gospel is registred and written so would I have that also for if ever glad tidings came to the heart of the Subject they now come This is all Sir Sir George Moore said This eating and fretting Disease of Monopolies I have ever detested with my heart and the greater the grievance is the more inestimable is the grave wisdom of her Majesty in repealing them And therefore for us to think we can sufficiently requite the same it were to hold a Candle before the Sun to dim the Light And seeing she in her Clemency and Care to us hath taken the matter in her own hands I wish the matter may be no more spoke of much less proceeded in Sir Francis Hastings said It ought to be written in the Tables of our hearts c. Mr. Lawrence Hide said I think the Gentleman that set this Motion on foot spake out of Joy for her Majesties Grace and Zeal to have performance of her Promise In that he wished it might be recorded in Paper here or Parchment it is not to be intended but he meant also in our hearts which remain no longer than we live But Records remain long and will give a lively memory in Ages to come And therefore for that part of his Motion I think it very good and wish the Clerk may do it accordingly Mr. Comptroller said I think he that first moved this question exceedingly forgot himself and exceedingly detracted from her Majesty who I know out of her abundant love and grace to this House hath taken such speedy course as hath been delivered by my Fellow Counsellor With that affection she embraceth this House that in more familiar than Princely sort it hath pleased her to say Recommend me to the House with thanks for their promise and care for their common good Mr. Speaker said My Heart is not able to conceive nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care for our good c. Wherefore as God himself said Gloriam meam alteri non dabo so may her Majesty say in that she her self will be the only and speedy Agent for performance of our most humble and most wished desires Wherefore let us not doubt but as she hath been so she still will be our most Gracious Sovereign and natural
first time M r Doctor Vaughan and M r Doctor Yale brought from the Lords the Bill for setting the Poor on work and for avoiding of Idleness with certain amendments and a Proviso M r Treasurer one of the Committees in the Lady Wainman's Cause reported that both the Parties have submitted themselves to the Arbitrement of the Lord Treasurer the Lord Chamberlain the Earl of Leicester M r Treasurer M r Comptroller M r Chancellor of the Dutchy and M r Captain of the Guard or the most part of them to be made within one Year next after the Session of this present Session of Parliament for the performance and accomplishment of the same Arbitrement A Proviso with some Amendments was offered to the Bill for reformation of Inholders common Cooks and Tavern Keepers and being twice read after the Question was upon the Division of the House by the advantage of the number of forty persons Ordered to be ingrossed and added to the Bill and then afterwards upon another Question and like Division of the House the Bill with the Proviso was dashed with the difference of twenty eight persons Post Meridiem In the Afternoon the Master of the Rolls and M r Serjeant Barham did bring from the Lords a Bill for the appointing of Wharfs and Keys for the unlading and discharging of Merchandizes and withal a Message from them that some of this House may be appointed to have Conference with some such of their Lordships as shall be thought meet touching such private Bills in both Houses as upon their Conference together shall be thought fittest to be Examined whereupon it was Ordered that twelve of this House shall be appointed for that purpose viz. M r Treasurer M r Captain of the Guard M r Wilson Master of the Requests Sir Henry Ratcliffe Sir Rowland Hayward Sir Thomas Scott Sir John Thynne Sir Henry Wallope Sir George Penrudock M r Popham M r Sampoole and M r Yelverton The Bill concerning Authority given to the Justices of the Queens Majesties Forests Chaces and Parks was read the second time and committed this day afterwards The two Bills for Denizens and the Bill for Presentations by Lapse being amended were sent up to the Lords by M r Treasurer and others M r Serjeant Barham and M r Doctor Vaughan brought word from the Lords that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber M r Comptroller M r Chancellor of the Exchequer M r Captain of the Guard Sir Henry Gates Sir Henry Ratcliffe Sir Thomas Barrington Sir Nicolas Arnold Sir Henry Knivett M r Recorder of London M r Sampoole M r Stanhoppe M r Crooke M r Snagg M r John Vaughan M r Serjeant Jeffries M r Serjeant Lovelace M r Edward Horsey M r Robert Wroth M r Colby M r Topclyffe M r Bowyer M r John S t John M r Dawney M r Robert Colshill M r Digbie and M r Birkhed were appointed in Committee for the Bill concerning certain Authority given to the Justices of the Queens Majesties Forests Chaces Parks and Warrens Nota That this Bill having been sent down from the Lords to the House of Commons on Wednesday the 7 th day of this instant March foregoing should without all question never have been referd to Committees upon the second reading this instant Thursday except the said House of Commons had taken such just exceptions at the same as they afterwards made known to a Committee of the Lords and by reason of which finally the same was stopped from further passing The further carriage and proceeding of which business being wholly omitted in the Original Journal-Book of the House of Commons through the great negligence of Fulk Onslow Esq at this time Clerk of the same I have thought good to supply it out of a written Memorial or Copy thereof I had by me because it may appear upon what just grounds and solid reasons the Members of the said House did refuse to pass the said Bill and although it doth not certainly appear whether the said Proceedings in the said Bill between the Committees of either House were this day or no yet I have referred it thereunto as the most probable and likely time in respect that there is no further mention made of this Bill or business in either of the Original Journal-Books of the Upper House or House of Commons upon any ensuing day during this present Session of Parliament These things being thus premised the foresaid Memorial or written Discourse of this business doth now ensue to be inserted The Committees before-named having upon deliberate consideration of the parts and of the scope of the said Bill touching Authority to be given to the Justices of the Queens Majesties Forests c. found the same not convenient to proceed did nevertheless out of their respect unto the Lords from whom the Bill had been sent down desire first to satisfie them before they utterly refused and dashed the said Bill and did thereupon send unto their Lordships who as it appeareth by the Original Journal-Book of the Upper House did this Afternoon sit to offer them Conference which they accordingly accepted and thereupon there did assemble in a place appointed as Commissioners or rather as Committees for the Lords the Earl of Sussex the Earl of Rutland the Earl of Leicester the Lord Grey of Wilton and the Lord Hunsdon having for their assistance standing by the two Chief Justices and the Queens Attorney General upon these the foresaid Committees of the House of Commons by Order of the same House gave their attendance and by Sir Walter Mildmay K t Chancellor of the Exchequer the second of the said Committees in the name and by consent of the rest said to the Lords in effect as followeth viz. That whereas a Bill touching the enlargement of the Justices of Forest-Authority had passed from their Lordships and was sent to the House of Commons the same had received there two readings and upon the second reading was greatly impugned by many Arguments made against it nevertheless the respect they had to their Lordships moved them to stay any further proceeding therein to the hazard of the Bill until by some Conference with their Lordships the House in such things as were objected might be satisfied To that end he said the House of Commons had sent them to attend upon their Lordships and so entring into the matter said That of many things spoken to the hindrance of the Bill they would trouble their Lordships but with some few such as they had noted to have been of most value by which he said their Lordships should find that the House of Commons did take the Bill to be unnecessary chargeable dangerous obscure For the first that whereas in the preamble of the Bill it was pretended that one principal cause of this Act was that the Justices of the Forests having no Authority to sit
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