Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	henry_n	king_n	pope_n	2,794	5	6.8846	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A63022	Historical collections, or, An exact account of the proceedings of the four last parliaments of Q. Elizabeth of famous memory wherein is contained the compleat journals both of Lords & Commons, taken from the original records of their houses : as also the more particular behaviours of the worthy members during all the last notable sessions, comprehending the motions, speeches, and arguments of the renowned and learned secretary Cecill, Sir Francis Bacon, Sir Walter Rawleigh, Sir Edw. Hobby, and divers other eminent gentlemen : together with the most considerable passages of the history of those times / faithfully and laboriously collected, by Heywood Townshend ...	Townshend, Hayward, b. 1577.	1680 (1680)	Wing T1991; ESTC R39726	326,663	354

Proxies there was but that one set down in the Page before-going which made two Proctors all the rest naming three or but one all which see afterwards on the 22.24.27 days of February and on the 7. and 28. days of March Where also it may be noted That John Archbishop of Canterbury had this Parliament five Proxies Now follows next in order to be set down the continuing of this Parliament which in the original Journal-book it self followed immediately upon the names of the Lords foregoing being present this afternoon So that the substance of the Lord Keeper's Speech foregoing and this also that follows at the presentment of the Speaker was supplied by my self out of a very exact Journal which I had of the Passages of the Lower House this present Parliament conceiving those Speeches in all my Journals ought more fitly to be referred to the Passages of the Upper House than of the House of Commons Dominus Custos Magni Sigill ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur On Thursday Feb. 22. the Queens Majesty her self came about three of the clock in the afternoon accompanied with divers of the Lords Spiritual and Temporal there being present this day the Archbishop of Canterbury Sir John Puckering Kt. Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquiss of Winchester twelve Earls two Viscounts fifteen Bishops and twenty three Barons being for the most part the very same that are by name set down to have been present on Munday last The Queen and the Lords being thus sat the House of Commons having notice thereof Edw. Cooke the Queens Sollicitor chosen and presented immediately came up with Edward Coke Esq the Queens Sollicitor into the Upper House whom they had chosen for their Speaker who being led up to the Bar at the nether end of the said House between two of the most eminent Personages of the Lower House as soon as silence was made and the rest of the House of Commons had placed themselves below the Bar he spake as followeth The Speaker's Speech YOur Majesties most loving Subjects the Knights and Burgesses of the Lower House 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 onely a Nomination yet and no Election until your Majestie giveth allowance and approbation For as in the Heavens a Star is but opacum corpus until it hath received light from the Sun so stand I corpus opacum a mute body until your high bright shining wisdom hath looked upon me and allowed me How great a Charge this is The Speaker disables himself to be the Mouth of such a Body as your House of Commons represent to utter that is spoken Grandia Regni my small experience being a poor professor of the Law can tell but how unable I am to undergo this Office my present Speech doth tell that of a number of this House I am most unfit for amongst them are many grave many learned many deep wise men and those of ripe Judgments but I an untimely Fruit not ripe nay bud a but not scarce fully blossomed so as I fear your Majesty will say Neglecta fruge liguntur folia amongst so many fair fruits you have plucked a shaking leaf If I may be so bold to remember a Speech used the last Parliament in your Majesties own mouth Many come hither ad consulendum qui neseiunt quid sit consulendum a just reprehension to many as to my self also an untimely fruit my years and judgment ill befitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave him favour God who also called them to this place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen answered him Mr. Sollicitor HER Graces most Excellent Majesty hath willed me to signifie unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness selected you from others to serve her self but by this your modest wise and well-composed Speech you give her Majesty further occasion to conceive of you above that she ever thought was in you by endeavouring to deject and abase your self and your desert you have made known and discovered your worthiness and sufficiency to discharge the place you are called to And whereas you account your self corpus opacum her Majesty by the influence of her Vertue and Wisdom 〈◊〉 is commanded and a●●●●●ed by the Qs. order doth enlighten you and not onely alloweth and approveth you but much than keth the Lower House and commendeth their discretions in making such a Choise and electing so fit a man Wherefore Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings The second Speech of the Speaker besides the long Peaece we have enjoyed under your Graces most happy and victorious Reign and remembring withal the Wisdom and Justice your Grace hath reigned over us with we have cause to praise God that ever you were given us and the hazard that your Majesty hath adventured and the charge that you have born for us and our safety ought to make us ready to lay down our Lives and all our Living to do you service After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain adhering unto him how wonderfully were we delivered in 88 and what a favour therein God manifested unto her Majesty His Speech 〈…〉 after this tended wholly to shew out of the Histories of England and the old State how the Kings of England ever since Henry the third's time have maintained themselves to be Supream Head over all Causes in their own Dominions and recited the Laws that were made in his and other Kings times for maintaining their own Supremacy and excluding the Pope He drew down his Proofs by Statute in every Kings time since Hen. 3. 〈…〉 unto Edw. 6. This ended he came to speak of the Laws that were so great and so many already that they were fitly to be termed Elephaentinae Leges Wherefore to make more Laws it might seem superfluous Too great a multiplicity of our Laws and to him that might ask Quid Causa ut Crescunt tot magna volumina Legis it may be answered In promptu Causa est Crescit in orbe

triyling Suits in Law of which the first was to avoid trifling Suits in Law in her Majesties Courts at Westminster On Thursday Decemb. 3. two Bills had each of them one reading of which the second was the Bill for enabling Edward Nevil of Burling in the County of Kent and Sir William Nevil his son to sell certain Lands On Friday Decemb. 4. the Bill against Drunkards and common Haunters of Ale-houses and Taverns the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester the Bill for enabling of Edward Nevil of Berlin in the County of Kent Esq c. and the Bill for confirmation of Letters-Patents made by Edw. 6. to Sir Edward Seignior Kt. were each of them read secunda vice On Saturday Decemb. 5. the Bill for maintenance of the Navy increase of Mariners and for avoiding the scarcity of Victuals was read prima vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees concerning Musters Souldiers c. That the said Committees having oftentimes met and conferred about the said Bill did finde so many imperfections in the same as it could not conveniently be mended and therefore thought it meet to draw a new Bill which he presented to the House The Bill entituled An Act for the more peaceable government of the Parties of Cumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed On Munday Decemb. 7. two Bills had each of them one reading of which the first being the Bill for the more peaceable government of the Parties of Cumberland c. was read tertia vice and sent down to the House of Commons by Dr. Carewe and Dr. Stanhopp The Bill to avoid the double payment of Debts was brought up to the Lords from the House of Commons by Mr. Controuler Sir Edward Hobby and others Four other Bills had each of them one reading of which the third being the Bill for the confirmation as well of all Grants made to the Queen and of all resumptions made by her Highness of the possessions of any Archbishoprick or Bishoprick as of Letters-Patents made by her Majesty to others was read prima vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees This day Sir William Knowls Sir Edward Hobby Knights and divers others of the House of Commons delivered a Message from the said House desiring a Conference with some of their Lordships concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon the delivery of which Message after the said Sir William Knowls and the rest had a little withdrawn and then upon propounding this Motion to this House the Lords having assented thereunto Answer was made by the Lord Keeper sitting in his place and the the rest of the Lords also keeping their places unto the said Sir William Knowls and the rest That the Lords had yielded to the Conference and had appointed the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham to meet with some select persons of the House of Commons for that purpose to morrow by eight a clock in the morning at the Utter chamber neer the Parliament-presence On Tuesday Decemb. 8. six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other in the Queens service in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind with addition of the Lord Windsor and the said Committee to meet upon the said Bill upon the first opportunity of meeting on any other Bill and the said Bill was delivered to the Earl of Nottingham the third of the Committees Nota NOTA. That here this Bill was delivered unto the Earl of Nottingham being the third of the Committees of whom the Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Munday Nov. 23. a Bill being committed upon the second reading was delivered unto the Archbishop the first of the Committees And on Thursday Nov. 26. upon the commitment also of a Bill in the like manner the Bill was delivered unto the Lord Howard of Walden being the Puisne Baron or last of the Committees by which it is plain that in the Upper House as well as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester on the behalf of the Earl of Shrewsbury to be annexed unto the Bill entituled An Act for the consirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others which Proviso together with the Amendments in the said Bill were read presently And forasmuch as the Lords desired a speedy proceeding in the said Bill they sent Dr. Carewe and Dr. Stanhopp to the House of Commons to move them that some meet persons of that House might joyn in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid and that the meeting about the same might be at the outward Chamber neer to the Parliament-presence to morrow by eight of the clock in the morning Upon delivery of which Message to the House of Commons they assented accordingly to the Motion made on that behalf Upon a Motion sent this day from the House of Commons by Sir Walter Rawleigh Sir Francis Hastings Sir Edward Hobby and others signifying That they desired Conference with some of their Lordships for certain matters concerning the honour of both Houses the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham Lord Steward the Earl of Northumberland the Earl of Worcester the Bishop of London the Bishop of Durham and the Bishop of Winchester the Lord Zouche the Lord De-la-ware the Lord Cohham and the Lord Howard of Walden were appointed to meet on Thursday next by eight a clock in the morning at the outward chamber neer the Parliament-presence which was signified to Sir VValter Rawleigh and the rest in answer of their Message On VVednesday Decemb. 9. the Counsel of the Lady Fane was heard in the House what he could say on her behalf against the Bill of Edward Nevil and Sir Henry Nevil his son whereupon the Lords finding no cause why the proceeding on that Bill should be any longer staid Order was given for the third reading thereof The Bill for the enabling of Edward Nevil Esq and Sir Henry Nevil his son and heir apparent to dispose of certain Copyhold-lands was read tertia vice upon the third reading of which Bill and before

the Speaker or intreat him to relate the same to the House Sir George Moore said Sir George Moore of the same Opinion I think as the Gentleman that last spake for the like Subpoena being brought the Last Parliament it grew a Question Whether it was an Impeachment to the Privileges of the House And after some Dispute an Antient Member of this House shewed divers Precedents how that the Minds of the Members of this House ought to be freed as well as their Bodies Whereupon two Members of this House were sent to require the Lord-Keeper to Reverse that Subpoena He also spake of a Quo Warranto for the Liberties of the Black-Fryars with-held Then it grew to a Question Whether a Burgess of the Parliament may be served with a Subpoena ad Testificandum and concluded He could not So after this Dispute it was agreed That the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena afore-said to answer their Contempts with all speed Sir Francis Hastings stood up and made a Relation of the Proceedings which he with the other Committees according to the Commandment of the House the Day before had made He said Sir Francis Hasting 's Report We have called before us the Clerk of the Crown the Clerk of the Petty-Bagg and Our Clerk of the Parliament The Clerk of the Crown shewed unto us five Warrants and one Order all in one Course and one Form in 27 Reginae Three of the Warrants were directed to the Clerk of the Crown Two without Directions he shewed unto us Two Writs without Warrants Then we called the Clerk of the Petty-Bagg who would shew us no Warrants but only a Record of a Writ in his Roll 39 Reginae Only he said but we heard him not That Warrants had been granted to the Clerk of the Petty-Bagg The Clerk of the Parliament shewed unto us Two Precedents one of the Fifth and the other of Thirteenth Reginae both without Direction but with these or to the like Effect as I take it It is required such and such a Thing be done c. Sir Edward Hobby said Sir Edward Hobby 's Report Because the Truth hereof might be made more plain and that it pleased you to command my unworthy Self to attend Yesterdayes Service I will under the Favour of the Gentleman that last spake make a Repetion ab Origine a little longer than he did for your Satisfactions of this House and our Pains It pleased you to depute Six for this Service Five attended the Serjeant at Law Mr. Serjeant Harris of whose Furtherance we best hoped deceived both your and our Expectations The Clerk of the Crown the Clerk of the Petty-Bagg and the Clerk of the Parliament attended us The Clerk of the Petty-Bagg delivered unto us a fair Record containing a Writ sent out Sedente Parliamento for so are the Words It was for the Knights in Yorkshire and Lancashire c. This was all he could shew Only he said An old Officer would be sworn There were more but lost by Mr. Garth's Decease The Clerk of the Crown dealt with us two wayes The First By way of Experimented Officers The Second By way of Precedent For the First One Steven Browne was brought before Us who had been an Officer in the Crown-Office these Thirty-Six Years And being asked If he knew how Warrants were directed He answer'd That in the Time of the Lord-Keeper Bacon when he was Speaker of this House they were directed to the Clerk of the Crown Being further asked If they were ever impugned He answer'd No. Being asked Where these Warrants were kept He answered On the Labels in the House The said Clerk shewed us Five Precedents and One Order The rest were lost by Mr. Watson's Death as the other Precedents were by the Death of Mr. Garth The Clerk of the Parliament produced Warrants indefinite of 13 Reginae when Sir Christopher Wray Knight was Speaker As also an Order dated the Eighteenth Day of March 1580. die Sabbati That a Warrant should be directed to the Clerk of the Crown to Choose a New Burgess for Norwich instead of one Beamont The Words whereof were It is required by the Knights Citizens Burgesses and Barons c. And also another Order dated die Sabbati 18 March Anno 1580. In these Words It is further Agreed upon and Resolved by this House That during the Time of the Sitting of this Court there do not at any Time any Writ go out for the Choosing or Returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Antient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates William Fleetwood who were Committees in Examining of a Cause touching one Henry Beremaker and Anthony Wilde The Effect whereof was That for as much as they were Arrested into the King's-Bench whereas we find them Privileged as Members of this House A Warrant was directed to the Clerk of the Crown for making VVrits of Privilege as afore-said Dated from Westminster the Sixth Day of December 1586. Therefore in my own Opinion His Opinion and according to these Precedents I think the Warrant ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent Sir George Moore of the other Opinion Dated on Fryday the Second Day of March 35 Reginae Where a New Writ was to be awarded out concerning one Mr. Fitz Herbert and a Writ of Privilege to come from the Chancery And the Speaker made a Warrant to the Lord-Keeper to make a New Writ in the like Case both touching Southwark and Melcombe Re ' So I think the Warrant ought to be directed to the Lord-Keeper Mr. Tate of the Middle-Temple shewed That Ratio Legis Mr. Tate's Opinion was Annima Legis And he that presents a Precedent without a Reason presents a Soul without a Body There is a Difference of Writs There be Brevia ex gratia Speciali and Brevia Cursoria The Writs which we speak of are Brevia Cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs to be Sealed of course by the Lord-Keeper c. Mr. Secretary Harbert shewed How that He Secretary Harbert reports from the Lord-Keeper with the other Three by their Commandments had been with the Lord-Keeper whom we found most Honourably to Entertain both me and the rest and that his Lordship did greatly respect the Majesty and Gravity of this House and said He would be loth to derogate any thing from Either Notwithstanding he hoped and prayed That if any former Precedents had improvidently gene from this House or contrary to the most Antient Usage that we would now Settle our Resolutions and Establish and Decree that which might be a sufficient warrant unto him to

Speaks I am sorry and very loath to break a Resolution that I had taken which is for some respects to have been Silent or very sparing of Speech all this Parliament but your Commandments are to me a Law And I will be always ready to pleasure any particular Member of this House in this or the like Design My memory is frail and I know my self unable to Deliver Articulately the Grave Learned Speech of that Wise and Worthy Counsellor who first spake it For hard it is to tell a Wisemans tale after him and therefore to particularize I must plead my Excuse Seeing men of the best Sufficiency may forget when ordinary Capacities may Remember my mind was not then fit for Attention when I had some cause of Distraction He used perswasions of Thankfulness and Obedience as also shewed her Majesties Desire of a Dissolution of this Parliament before Christmass He shewed unto us the Necessity we stand in and the means to prevent it The necessity he said is the Wars between Spain and England the means to prevent it Treasure His Advise was that Laws in force might be Revisited and Explained and no new Laws made The Cause of the War he laid down to be That they were Enemies to God the Queen and the Peace of this Kingdom That they Conspired to overthrow Religion and to Reduce us to a Tyrannical Servitude These two Enemies he Named to be the Bishop of Rome and the King of Spain Our Estate being thus He Summon'd us to be Provident and Confident Provident by reason we deal with a provident Enemy and Confident because God hath ever and I hope ever will Blesse the Queen with Successeful Portune He shewed how Apparent his Providence was for by Experience and Judgment You know his Torturing he giveth and the Means and Courses he taketh for our Destruction And Secondly the Success we have had against him by Gods strong-Arm of Defence in 1588. and diverse times since You see to what Effect the Queens Support of the French Kings Estate hath brought him unto even made him one of the greatest Princes in Europe Yet when her Majesties Forces there left him how again he was fain to Ransome a Servile Peace at our Enemy the Spaniards Hand with Dishonourable and Servile Conditions For the Low-Countries how by Her Aid she hath from a Confused Government and Estate brought them to an Unity of Council and defended them with such Successe in her Attempts against the greatest Power of the Spaniards Tyrannical designs Which hath so much Gauled him that how many desperate Practises have been both Devised Consented unto and set on Foot by Commandment of the late King his Father I need not now shew you nor trouble you with Arguments for Proof thereof being Confessed by them that should have been Actors themselves of those bloody Designs but De mortuus nil nisi bonum I would be loath to speak of the Dead much more to slander the Dead I have seen her Majesty wear at her Girdle the Price of her Blood I mean Jewels which have been given to her Physitians to have done that unto her which I hope God will ever keep from her but she hath worn them rather in Tryumph than for the Price which hath not been greatly valuable Then he fell to perswade us because new Occasions were Offe'rd of Consultations to be Provident in Provision of means for our own Defence and Safety seeing the King of Spain means to make England miserable with beginning with Ireland neither doth he begin with the Rebells but even with the Territories of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Thus much that Honourable Person said from whom I protest I would diminish nothing that should be spoken of if I could Remember more or deliver it better And I had rather wrong my self than wrong him For my own Advise touching the particular Councils of this House I wish Cicil now gives his own advice that we would not trouble our selves with any Fantastick Speeches or idle Bills but rather with such as be for the general good both light in Conception and facile in Execution Now seeing it hath pleased you all with patience hitherto to hear me If with your Favor I may particularize and shew the Grounds of the former Speech touching the State of Ireland I shall be very glad both for my own Discharge and your Satisfaction The King of Spain having quit himself of France by a base and servile Peace forgetteth not to follow the Objects of his Fathers Ambition England and the Low-Countries he hath made diverse Overtures of Peace to which if they might be both Honorable and for the publick good I hold him neither a Wise nor an Honest man that would Impugne them He hath put an Army into Ireland the Number Four Thousand under the Conduct of a valiant expert and hardy Captain who Chooseth rather than to return to his own Country without any Famous Enterprise to live and die in this Service These Four Thousand are three parts of them natural Spaniards and of his best expert Soldiers except them of the Low-Countries those he would not spare because of his Enterprise of Ostend and how dangerous the loss of that Town would be to this Land I think there is no man of Experience but can Witness with me that he would easily be Master of that Coast and that the Trade between England and the Low-Countries were quite Dissolved yea he would be so dangerous a Neighbor to us that we which are Tenants at Discretion are likely shortly to be Tenants by his Courtesie when he is our Neighbor of the Low-Countries what Neighbor hath Spain to whom he shall not be a trouble I will shew you further what besides this he hath done and how Eagle-eyed he is still over us To resist the Turks Attempt he hath sent Ten Thousand Men. To the Low-Countries he hath sent Nine Thousand In an Enterprise of his own against the Turks he hath sent which being dispatched those Souldiers shall return against the next Spring and second these Four Thousand now in the Enterprize for Ireland To resist these Attempts in Being and the ensuing provisions against us Let us consider the certainty of our Estate in Ireland We have there an Army and nothing but an Army fed even out of England with what Charge it brings to the Queen what Trouble to the Subject what danger it is to them there left if the Provision should fail What hurt to the Common-wealth by making things at an higher Rate than otherwise they would be I refer it to your Wisdoms to imagine Over this I assure you It is beyond all President and Conjecture his Pretence and Cause of War there is to desend the Catholick Cause I mean to Tear her Majesties Subjects from her for I may say she hath no Catholick Obedient Subjects there because she standeth Excommunicated

at this present by force of two Bulls of this Popes by which her Subjects are Absolved of their Obedience That you do only Remember you do it pro aris focis yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects She selleth her Land to Defend us she Supporteth all her Neighbor-Princes to gain their Amity and Establish our long Peace not these five or seven or ten Years but Forty-three Years for all our Prosperities I hope I shall not see her Funeral upon which may be Written Hic Solum restat victrix Orientis and I pray God I may not what we freely give unto Her she living bestows it to our Good dying doubtless will leave it for our Profit Thus have I out of my own Genius for my own part delivered unto you what I know And touching that I have spoken in performing your Commandment I will take no thank from you for my Pains For no man cares with less Affection to speak in this Assembly or desireth to gratify any particular Member of this House more than my self The Bill for Ale was denied to be Committed and not put to the question whether it should be Ingrossed Yea or No. But some Doubt made thereof but as it seemeth if the Committing be denyed it useth not to be Ingrossed because the House will not lightly pass it Sir George Moore moved that where the Lord Keepers Oration was that the greatest matters should be handled in the beginning of the Parliament that a Committee might be Chosen to Certifie the House what those matters were That Order might be taken accordingly which Committee was appointed to meet in the House on Saturday in the afternoon Mr. Secretary Cecil said openly Sir Rob. Wroth offers 100. l. per Annum towards the Wars that Sir Robert Wroth had offered One Hundred Pounds per Ann. towards the maintenance of the Wars On Wednesday Novemb. 4. A Bill was Read for Punishment of the Abusing and Profaning of the Sabbath-Day which after the second Reading was committed and the Committee appointed to meet at two of the Clock in the afternoon in the middle-Temple-Hall Mr. Serjant Harris moved the House That in respect great danger and inconvenience might grow by the want of any one particular Member of this House therefore he thought good to Certifie the want of a Knight for Rutlandshire for he said That Sir Andrew Noell being the Sheriff of the County had return'd himself jointly with Sir John Harrington to be Knights A Motion about a Void Election the Sheriff Returning himself which he took in Law to be a void Return because it is against the express Words of the Writ which are Ita quod neque tu neque aliquis alius Vicecomes alterius Comitatus eligatur c. Which he thought good to move the House in referring it to their Considerations and prayed that the Record may be sent for from the Clerk of the Crown For said he we know in Law that a Man cannot make an Indenture to himself No more can he here between Himself and the County for there are required Two Persons To which Sir Edward Hobby replyed That notwithstanding this Sir Edw. Hobby Replies quotes Precedents the House might well Receive him And he vouched a Precedent in the Twenty-Fifth or Twenty-First of this Queen when a Writ was directed to the Bayliffs of Southwark to return Burgesses and they returned Themselves and were Received But if we do not Receive him another Question will grow Whether a new Warrant must go from the Speaker to Elect a new Knight or from the Clerk of the Crown To which it was agreed per omnes It must go from the Speaker Then Mr. Wiseman of Lincolns-Inn stood up Mr. Wiseman Opposes him and shewed the Necessity of having all our Members because otherwise the Body is but maimed And also how dangerous a Precedent this would be if it might pass with the Applause of the House And lastly the Reason of putting in the afore-said special Words in the Writ because it must be necessarily intended that they being so great Officers having so great a Charge and their Presence in their Counties so requisite should not be returned Besides for that time they be the Chief Men of the Shire Free-Holders peradventure would rather Choose them than Men far more sufficient for that Place Mr. Cary moved Mr. Cary's Motion Whether it were with his Will he should be punished by Fine or otherwise Sir John Harrington said Sir John Harrington excuses the Sheriff Of his own Knowledge he knew him very unwilling But the Free-holders made Answer They would have none other Mr. Speaker said The Speaker is not of his Opinion It could not be intended to be against his Will because his Hand is to the Indenture But he moved Whether it should be intended that this Sir Andrew Noell were Una eadem Persona or no And though he were yet Whether they could take notice thereof and to be certifyed out of Chancery To which all the House said There was no other of the Name Then Mr. Comptroller stood up Mr. Comptroller puts a Question which the House determines and moved That in respect the Return was joynt and that they did disallow Sir Andrew Noell he desired to be resolved of the learned Masters of the Law of this House Whether all the Return was insufficient and so Sir John Harrington to be Excluded To which all the said House said No. Mr. Serjeant Harris said No because the said Warrant is Affirmative to choose any but the Sheriff who is excepted by special Words But the Return of the other is warranted but of him his Election is void Sir Edward Hobby answered Nay then Mr. Serjeant if you stand on that I think there are few Knights in this House lawfully Chosen For the Words of the Writ and of the Statute are That he must be Commorant within the County which but few are To which not one word was answered and so that Clause was shut up Mr. Speaker said A New Election voted Well I will put it to the Question which shall be two-fold One Whether a new Warrant shall be sent forth To which being twice moved all cryed I I I and not one Man said No. Sir Edward Hobby said And the Warrant to be Issued by the Speaker Mr. Speaker the Warrant must go from your self for in the 27. Reginae when Parry was chosen Burgess for Queenborough a new Election was made and the Warrant was sent from the Speaker The Act touching Bishops Leases was read A Bill touching Bishops Leases viz. That no Bishop or Arch-Bishop might make any Lease in Remainder till within Three Years of the expiring of the former Lease To which only Mr. Boyes stood up Mr. Boyes opposes it and gives his Reasons and said That this Act would be prejudicial