can be made of it in the Upper House or that be called for the House must of necessity be set and be in agitation of Business and then the Course is if any thing come to the Question the Clerk of the Parliament or his Deputy is to search the Journal Book to see whether such Lords as give their Voices for others that be absent be indeed nominated and appointed their Proctors This same day were many other Proxies both usual and extraordinary returned of which and of the nature and forms of Proxies more shall be presently said after the setting down of the return of the said Proxies inserted at the beginning of the Original Journal Book of this first Parliament of the Queen in manner and form as followeth Eodem die viz. 23. die Januarij Introductae sunt Literae procuratoriae Johannis Domini Mordant in quibus procuratores suos constituit Henricum Comitem Arundel et Franciscum Comitem Bedford Vacat Eodem die introductae sunt Literae procuratoriae Thomae Tresham prioris Sti. Johannis Jerusalem in Anglia qui procuratorem suum constituit Nicholaum Archiepiscop ' Eboracen Eodem die introductae sunt Literae procuratoriae Willielmi Domini Paget qui procuratores suos constituit Henricum Comitem Arundel Franciscum Comitem Bedford Eodem die introductae sunt Literae procuratoriae Cuthberti Episcopi Dunelmen ' qui procuratorem suum constituit Archiepiscopum Eboracen Eodem die Introductae sunt Literae procuratoriae Johannis Comitis Bathon ' qui procuratorem suum constituit Henricum Comitem Rutland Eodem die Introductae sunt Literae procuratoriae Georgij Domini Zouch qui procuratorem suum constituit Franciscum Comitem Bedford Eodem die Introductae sunt Literae procuratoriae Henrici Domini Aburgavenae qui procuratorem suum constituit Franciscum Comitem Bedford Eodem die Introductae sunt Literae procuratoriae Thomae Episcopi Ely in quibus procuratores suos Constituit Nicholaum Archiepiscopum Eboracen ' Episcopos Cestren ' et Lincoln And Note that the Christian Names of these two Bishops are omitted in the original Entrance Introductae sunt Literae procuratoriae Willielmi Domini Burgh in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae Procuratoriae Edwardi Domini Windsor ' in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae procuratoriae Willielmi Domini Euers in quibus procuratorem suum constituit Edwardum Dominum Clinton Admirallum Angliae Introductae sunt Literae procuratoriae Gilberti Episcopi Bathen ' Wellen ' qui procuratores suos constituit Nicholaum Archiepiscopum Eboracen ' Edmund ' London ' et Davidem ' Petreburgen ' Episcopos Introductae sunt Literae procuratoriae Henrici Episcopi Meneven ' in quibus procuratores suos constituit Nicholaum Archiepiscopum Eboracen ' ac Davidem ' Petreburgen ' Episcopos The Proxies introducted this day and entred in the beginning of the Original Journal Book of the Upper House as the constant use is are referred by me always to those days on which they were entred to have been returned unless it be in such Journals where the day of the return is not entred as in the Original Journal Book A. 39. Regin Eliz. from which time to this day the same Course hath been observed And because I have desired to make up a work somewhat exact and perfect of the Journals of the Reign of this most Gracious Queen and once for all to make some Animadversions upon all matters of form in this Journal of her Majesties first Parliament that so all other may be referred unto it therefore I shall now add a little touching the nature kinds and use of Proxies as I have set downbefore touching the Writs of Summons A Proxie therefore is no more than the constituting of some one or more by an absent Lord to give his Voice in the Upper House when any difference of Opinion and Division of the House shall happen for otherways if no such Division fall out it never cometh to be questioned or known to whom such Proxies are directed nor is there any the least use of them save only to shew prove and continue the Right which the Lords of the Upper House have both to be Summoned and to give their Voices in the same House either in their Persons or by their Proxies And when the Voices of that House are to be divided then the Clerk of the same if he be present or his Deputy gives notice of such Proxies as have been introducted and delivered unto him and to whom they are directed that they may give them accordingly And as many Proxies as any Peer hath so many voices he hath besides his own and if there be two or three Proxies constituted by one absent Lord as is frequent then always the first named in the same is to give the Voice if he be present and if absent then the second et sic de reliquis It is plain by that ancient Manuscript Intituled Modus tenendi Parliamentum of which I have a Copy both in French and Latin Cap. de inchoatione Parl. that if a Peer neither came to the Parliament nor sent a Proxie upon his Writ of Summons he forfeited 100 l. if an Earl 100 Marks if a Baron which was after qualified viz. Rotulo Parliamenti A. 31. H. 6. Num. 46. And a Duke for such default was fined 100 l. an Earl 100 Marks and a Baron 40 l. And it is plain that Anciently the Lords Spiritual and Temporal were often absent without the King's Licence and did then only send the Expression of the Cause of their said absence in their said Proxies as did the Abbot of Selby A. 26. Edw. 3. as appears ex Registro ejusdem 〈◊〉 ' alledging only this reason Quia impedimentis variis et arduis Negotiis concernentibus reformationem status Domùs nostrae simus multipliciter impediti c. and so likewise in A. 36. H. 8. the Cause of the Abbot of Shrewsburies absence is thus expressed in the Original Journal Book of the Upper House A. codem 20. die Parliamenti relatum est Quod Abbas Salop ' gravi infirmitate detinetur quod hîc interesse nequit ideo constituit procuratores suos Episcopam Coventr ' et Eitch ' et Comitem Salopiae conjunctim et divisim but always then the Proxies were directed to the King and did in truth contain in them as well supplication for his Pardon of their absence as a Constitution of their Proctors as doth plainly appear by this Proxie following of the Abbots of Thorney which I have the rather inserted at large because the very Original it self under Seal remaineth with me amongst many other pretious Originals in my Library EXcellentissimo Principi et Domino suo singularissimo Domino Henrico Dei Gratià Regi Angliae et Franciae ac Domino Hiberniae suus humillimus et Devotus Robertus Dei patientia
M r Mounson M r Yelverton M r Cooper M r Beamond M r Sampole and M r Knyvet were appointed to meet at the Savoy at three of the Clock this Afternoon at M r Chancellors of the Dutchy for Conference in the Bill of fraudulent Conveyances of Lands On Wednesday June the 4 th Five Bills of no great moment had each of them one reading of which the last being the new Bill for assurances by Corporations was read the first time The Bill also for the City and Soke of Winchester was read the second time and Ordered to be ingrossed Upon the Question it was Ordered by this House that the Lord Compton do before the Committees make his Answer to Morrow in the Afternoon in the Star-Chamber at three of the Clock Unto the Bill Exhibited by the Earl of Kent which was in open Court signified unto the Lord Compton and upon another Question day was given unto both the said Parties with their Councel to be here present at the report of the Committees upon Friday next in the Morning unless the same Committees shall upon further motion of this House for that purpose in the mean time pray Saturday M r Serjeant Barham and M r Doctor Huick did bring from the Lords the Bill to revive an Act against the transporting of Leather Tallow and Raw-Hides M r Treasurer M r Comptroller and M r Chancellor of the Dutchy were added to the former Committees for the Earl of Kent his Bill The Bill for the true making proving and marking of Calivers and the Bill for the School of Tunbridge were each of them read the third time and passed the House and were with two others sent up to the Lords by M r Chancellor of the Dutchy and others The Bill against such as shall keep or detain from the Queens Majesty any Castles Fortresses c. The Bill against such as go about to enlarge any Person Imprisoned for Treason and the Bill for annexing of Hexam and Hexamshire to the County of Northumberland were each of them read the second time but no mention is made that they were either referred to Committees or Ordered to be ingrossed because they had been formerly sent from the Lords On Thursday the 5 th day of June Three Bills of no great moment had each of them one reading of which the first being the Bill for the Severance of the Sheriffs in the Counties of Surrey and Sussex was read the first time The Bill for the City of Worcester was read the third time and was rejected upon the Division of the House with the difference of six persons Five Bills of no great moment had each of them their third reading and passed the House and were sent up unto the Lords by M r Treasurer and others of which one was for Partition of Lands between the Lord Latimer and Sir Robert Wingfeild Knight and another for Plumstead Marsh. M r Serjeant Barham and M r Attorney General did bring from the Lords the Bill against Mary the Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots with Recommendation of the said Bill from their Lordships and pray a present reading thereof this day And did further signifie the time of the Year considered the Queens Majesties pleasure is that this House do proceed in that and other weighty Causes laying apart all private matters Vide Thursday 26 th of June postea The Bill against Mary commonly called the Queen of Scots was read the first time On Friday the 6 th day of June the Bill for Coggshall Cloaths was read the second time and Ordered to be ingrossed The Serjeant was commanded by the House to warn Andrew Fisher that he make his personal appearance here presently this Forenoon immediately after that the Lords now dealing in the Committee of his Cause shall have left off their present Conference And Sir Thomas Scott M r S t Leger M r Norton and others of the Committees of this House in the matter before the Bill passed were presently sent from this House to the said Lords Committees to inform them of the former proceedings of the said Committees of this House in the matter Four Bills had each of them one reading of which the last being the new Bill against fraudulent Gifts and Conveyances of Lands was read the first time The Bill against the bringing in of Foreign Wares forbidden was stayed the third reading till another time The Bill against Mary commonly called the Queen of Scots was read the second time M r Chancellor of the Dutchy M r Chancellor of the Exchequer M r Serjeant Manwood Mr. Attorney of the Dutchy Mr. Attorney of the Court of Wards Mr. Popham Mr. Mounson Mr. Yelverton and Mr. Norton to have Conference for the understanding of the Bill against Mary commonly called the Queen of Scots to meet this Afternoon and all Arguments to be received as upon the second reading of the Bill until it shall be read the third time It is Ordered by the House to sit at Afternoons from three of the Clock till six and to proceed but only in private Bills and not to go to the Question of any such Bill if it concern any Town or Shire unless the Knights of such Shire or Shires or the Burgesses of such Town or Towns shall then be present Andrew Fisher being called this day to the Bar and charged with certain Objections was further Adjourned to make his appearance here in this Court to Morrow next coming Post Meridiem In the Afternoon two Bills of no great moment had each of them their first reading of which the second was the new Bill for Weights and Measures Mr. Weekes and Mr. Dennis with their Councel were appointed to be heard to Morrow at three of the Clock in the Afternoon and Dennis at his peril for the other to be heard in his absence Day was given to the Earl of Kent and the Lord Compton with their Councel on both sides to be heard to Morrow at four of the Clock in the Afternoon On Saturday the 7 th day of June Eight Bills of no great moment had each of them one reading of which the last being the Bill against covenous Vouchers and another for Woodstock were each of them read the second time and Ordered to be ingrossed The Bill for Sir William Harper Knight was read the first time being a new Bill Mr. Attorney and Mr. Doctor Huick brought from the Lords the Bill against such as do withhold from the Queens Majesty any Forts c. with certain Amendments by their Lordships added unto the former Amendments of this House Mr. Coleby and Mr. Flowerdew were added to the former Committees in the Bill against Mary commonly called the Queen of Scots Post Meridiem In the Afternoon the Bill that none serving any Subject shall be a Justice of Peace or High Constable was read the first time The Bill for repairing the Wayes and Bridges near Oxford was read
And that the said Serjeant should also bring Robert Treswell himself at the time and place prefixed Vide concerning this matter on Tuesday the 8 th day of this instant December following Motion was made by the Lord Keeper on the behalf of the Lord Chandois signifying that his Lordship was constrained to repair into the Country for the finding of an Office which did greatly import him in his Estate and therefore desired their Lordships allowance of his absence for some few days whereunto they willingly assented Memorandum That whereas it was formerly Ordered that the Keeper of the Prison of Newgate having in his Custody William Vaughan Servant to the Earl of Shrewsbury upon Execution should bring the person of the said William Vaughan on Wednesday the second day of this instant December before the Lords Spiritual and Temporal into the Upper House of the High Court of Parliament of which Order the said Keeper having taken notice by a Serjeant at Arms did notwithstanding refuse to bring the said Prisoner into the Court and for the said refusal and contempt was the same day by Order of the Court committed to the Prison of the Fleet And Order likewise was given that such Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of the said Court It is therefore upon view and consideration of divers Precedents and Remembrances produced this day and differing from the manner of proceeding Ordered by the said Court that the Lord Keeper shall forthwith make out a Writ of priviledge of Parliament to the Sheriffs of London and Middlesex to have the body of the said Prisoner William Vaughan with the Cause of his Imprisonment before the said High Court at the Upper House to Morrow the 4 th day of this instant December by eight of the Clock in the Morning Vide December 19 th Saturday postea A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk of the Parliament was delivered to the Lord Keeper for making out of the Writ On Friday the 4 th day of December the Bill against Drunkards and Common Haunters of Alehouses and Taverns The Bill for levying of Fines with Proclamation of Lands within the City of Chester The Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight were each of them read secundâ vice But no mention made either of their Commitment or Ingrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill for the suppressing of the multitude of Alehouses and Tipling Houses was read tertiâ vice and sent to the House of Commons by M r Doctor Carew and M r Coppin Clerk of the Crown Two Bills also had each of them one reading of which the first being the Bill for the assurance of certain Lands for part of a Jointure to Lucy Countess of Bedford was read the second time and committed to the Earl of Worcester and others who were appointed to meet at the Earl of Worcesters Chamber at the Court to Morrow by two of the Clock in the Afternoon And the Bill was delivered to the said Earl of Worcester Whereas Order was taken at the last sitting of the Court of Parliament viz. 3 o die Decembris that a Writ of Priviledge of Parliament should be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of the body of William Vaughan Prisoner in Newgate together with the Cause of his Imprisonment before the said Court this present day the said Writ having been thereupon made out by the Lord Keeper and the same together with the said Prisoner William Vaughan and the Cause of his Imprisonment being returned and brought this day into the Court by the Under-Sheriff of the County of Middlesex and the said Prisoner William Vaughan having there made Declaration of the notorious frauds and practices used by William Crayford and others for the Arresting of the said Vaughan And likewise Crayford having been heard what he could say for himself in that behalf Forasmuch as it appeared unto the Lords that besides the breach of the Priviledge of the said High Court the said Crayford had fraudulently and malitiously taken out and laid upon the said Vaughan divers Writs of Execution and Outlawry of many years past and utterly without the privity and knowledge of most of the parties to whom the said Suits appertained of which parties some were avowed to have been a good while since Deceased It is therefore agreed and Ordered by the general consent of the Court That the said William Vaughan shall be forthwith discharged out of Prison and Execution and the said Sheriff shall be free from any trouble damage or molestation for his said discharge And it is likewise Ordered that for satisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ the said Vaughan shall enter into sufficient Bond to stand to such Order as shall be set down by certain of the Lords of the Parliament namely the Earl of Worcester the Earl of Pembrook the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Windsor and the Lord S t John to whom by the Court the Ordering thereof is committed And moreover it is Ordered that the said Crayford shall be returned to the Prison of the Fleet and kept Close Prisoner until further direction be given for his Enlargement And that the Keeper of Newgate lately Committed to the Fleet for not bringing the Prisoner into the Court shall be presently discharged Vide concerning this matter on Saturday the 19 th day of this instant December following On Saturday the 5 th of December the Bill for maintenance of the Navy increase of Mariners and avoiding the scarcity of Victuals was read primâ vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees in the Bill concerning Musters Souldiers c. whose names see before on Thursday the 12 th day of November foregoing that the said Committees having oftentimes met and confer'd about that Bill did find so many imperfections in the same as it could not conveniently be amended And therefore thought it meet to draw a new Bill instead thereof which he presented to the House The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland Northumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed The Bill concerning Captains Souldiers and others retained in the Queen Services in the Wars was read primâ vice One Bill was
matters of Merchandize or Shipping The business which had been disputed of in the House on Thursday foregoing was this day again debated and as it should seem some moved to know whether the Antient Knights and Burgesses still remaining since the last Session in Anno 5 Regin Eliz. ought not to take again the Oath of Supremacy as well as those that were newly Elected and returned Although it were the general Opinion and Vote of the House as may be gathered that the new Knights and Burgesses only should be sworn yet it was committed to M r Secretary Cecill M r Vice-Chamberlain M r Kingsmill and others not named to consider thereof and to certify the House which they did accordingly on the Morrow following On Tuesday the 8 th day of October the Bill touching the ingrossing of Tallow and Kitchin-stuff was read the first time M r Kingsmill one of the Committee appointed yesterday to consider whether the Antient Members of the House which had taken the Oath the last Session in An. 5 Regin Eliz. should now have it administred unto them again or whether those only who were newly Elected and returned at the beginning of this present Session and to certifie thereof accordingly made Declaration this Forenoon by the Assent of the said Committee that the former Knights and Burgesses should not be sworn but those only who were newly returned A Motion was made that ..... Gardiner one of the Burgesses of the House remained now Prisoner in the Flect and desired to be restored to the said House whereupon the Master of the Rolls and the Master of the Requests were appointed by the House to repair unto the Lord Keeper in the name of the same House to know the cause of his said Imprisonment and to demand his Restitution To which Question and Request the said Lord Keeper did send his Answer by them on the Morrow following On Wednesday the 9 th day of October Two Bills had each of them their first reading of which the second was the Bill for buying of course Woolls in the North parts The Master of the Rolls who had been sent yesterday with the Master of Requests unto the Lord Keeper touching ..... Gardiner a Member of this House declared from his Lordship that he might be restored to this House again with condition that upon Prorogation or Dissolution of this present session of Parliament he might be Prisoner again Two Bills had each of them one reading of which the second being the Bill touching ingrossing of Tallow and Kitchin stuff was upon the second reading rejected On Thursday the 10 th day of October Two Bills had each of them their first reading of which the second being the Bill for continuance of divers Acts of Parliament to the end of the next Parliament was read the first time The new Bill also touching Apparel of the Laity and Clergy was this day brought into the House but whether it was read or no cannot certainly be set down The Dean of Westminster who had been appointed on Monday the 7 th day of this instant October foregoing to shew the Priviledges of the Sanctuary of the said Church had further day given him this instant Thursday upon the Motion of M r Speaker until Wednesday next being the 16 th day of this instant October following On Friday the 11 th day of October the Bill that Sussex and Surrey and other Counties never having but one Sheriff may have several Sheriffs was read the first time and under the Title of the said Bill at the bottom of it is written M r Vice-Chamberlain which is all that is usually done also under the Title of any Bill which is committed upon the second reading whether M r Vice-Chamberlain or any other be one of the Committees named such is the imperfect setting down of things in these former times and therefore to what end M r Vice-Chamberlains name should be added in this place I cannot guess unless this Bill were committed upon the first reading as many others have been or else that he brought in the Bill and commended it to the House The new Bill against Informers upon penal Statutes was this day brought into the House and read the first time On Saturday the 12 th day of October the Bill touching prices of Barrells by Coopers as in the Statute Anno 24 Hen. 8. was read the first time Two Bills lastly against Informers upon penal Statutes were each of them read the second time and as it should seem were thereupon committed to M r Vice-Chamberlain and others On Monday the 14 th day of October Three Bills had each of them one reading of which the third being the Bill touching prices of Barrels and Kilderkins sold by Coopers was upon the second reading Ordered to be ingrossed Upon Complaint made by M r Graston against one Philpot a Pursuivant in the Court of Wards touching two Promoters for Extortion the said Pursuivant was sent for On Tuesday the 15 th day of October the new Bill touching Apparel to be worn by the Laity and Clergy was read the second time and as it should seem was thereupon committed to M r Vice-Chamberlain and others Two Bills were brought from the Lords to the House of Commons by M r Serjeant Carus and M r Attorney of which the first was the Bill touching Fines and Recoveries and the second was the Bill to take away Clergy from Offenders in certain Cases On Wednesday the 16 th day of October Two Bills of no great moment had each of them one reading of which the second being the Bill for Assurance of Fines and Recoveries to be good from the beginning of the Reign of Queen Eliz. although the Original be imbezelled was read the first time This Morning finally the Dean of Westminster according to the appointment of the House on Thursday last the 10 th day of this instant October foregoing was present at the Bar with his Councel viz. Mr. Edmond Plowden of the Middle-Temple and Mr. Ford a Civilian The Dean himself made an Oration in defence of the Sanctuary and alledged divers Grants by King Lucius and other Christian Kings and Mr. Plowden alledged the Grant for Sanctuary there by King Edward five hundred years ago viz. Dat. in An. 1066. with great reasons in Law and Chronicle and Mr. Ford alledged divers Stories and Laws for the same and thereupon the Bill was committed to the Master of the Rolls and others not named to peruse the Grants and to certifie the force of the Law now for Sanctuaries On Thursday the 17 th day of October the Bill affirming the Consecration of Archbishops and Bishops within this Realm was read the second time and Ordered to be ingrossed Sir Edward Rogers Knight Comptroller of her Majesties Houshold moved the House to have consideration of the Queens Majesties late great and extraordinary expences to proportion out some supply accordingly And thereupon Sir William Cecil Knight her Highness Principal Secretary made an Excellent
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
Dominus Darcie Dominus Mounteagle Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby de Parham Dominus Darcy de Chiche Dominus North. Dominus Shandois Dominus S t John de Bletsoe Dominus Buckhurst Dominus de la Ware Dominus Cheyne Dominus Norris Her Majesty with the Lords being set the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House with John Puckering Serjeant at Law their Speaker and being as many as could conveniently let in the said Speaker was led up between two of the most eminent Personages of the House of Commons to the Rail or Bar at the lower end of the Upper House and being there placed after humble reverence made he declared that the said House of Commons amongst many other more able Members of the said House had Elected and Chosen him for their Speaker and that knowing his manifold weaknesses and inability to undergo so great a Charge he did there implore her Gracious Majesty to free him from the same and to Command them to Elect and chuse amongst themselves some other more Experienced and better fitted for that imployment To which the Lord Chancellor having received Instructions from her Majesty Answered that the said Speaker had shewed a great deal of humility and modesty in disabling himself but that her Highness well knowing his great sufficiency did very well allow and approve of the choice which the Knights Citizens and Burgesses of the said House of Commons had made of him to be their Speaker Whereupon the said Speaker after humble reverence made and many expressions of his great thankfulness to her Majesty for her gracious Approbation of him made certain Petitions of Course in the name of the House of Commons viz. for freedom of speech and freedom of access to her Majesty and that themselves and their necessary attendants might be exempted from Suits and Arrests in such manner and form as hath been accustomed and lastly that if himself should in any thing mistake or misreport the sayings or doings of the said House it might be imputed unto himself and that her Majesty would be graciously pleased to pardon it To which Speech the Lord Chancellor having further instructions from her Majesty replied that all such liberties and immunities as had been formerly enjoyed in the like case in the times of any of her Majesties most Royal Progenitors should still be continued unto them The Writ was returned this day whereby Henry Lord Wentworth was Summoned to the Parliament who thereupon admissus fuit ad sunm praeheminentiae in Parliamento sedendi locum salvo cuiquam jure suo Then followed the continuance of the Parliament which is Entred in the Original Journal-Book de Anno isto 27 Reginae Eliz. in these words following Dominus Cancellarius continuavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ On Friday the 27 th day of November although the Upper House sate not because the Parliament had been continued yesterday unto Saturday Morning at nine of the Clock yet were divers Proxies returned or introducted whereof the only unusual or extraordinary one was this ensuing viz. 27 die Novembris introductae sunt literae Procuratoriae Henrici Comitis Huntingtoniae in quibus Procuratores suos constituit Franciscum Comitem Bedford Robertum Comitem Leicester Nota That whereas the Temporal Lords do very seldom constitute more than one Proctor the Earl of Huntington here nominateth two which appeared also by the other Proxies returned this Parliament for of three other Earls and eleven Barons who were absent this Parliament by her Majesties Licence not any of them constituted more than one Proctor apiece whereas on the other side the spiritual Lords do for the most part nominate two Proctors at the least for of nine Bishops who were likewise absent during this Parliament two of them only nominated each his Proctor Ut vide on Sunday the 22 th day of this instant November foregoing and the other seven made every of them two Proctors Nota also that Robert Dudley Earl of Leicester had this Parliament ten several Proxies sent unto him all Entred in the beginning of the Original Journal-Book in such order as they now follow viz. from Edward Lord Dudley Henry Lord Scroop Lodowick Lord Mordant Edward Lord Stafford Henry Lord of Abergavenny Edward Earl of Lincoln Ambrose Earl of Warwick Henry Earl of Huntington who constituted Francis Earl of Bedford joint Proctor with him Lord Audeley and John Lord Lumley By which and many other Precedents in all other Parliaments it plainly appeareth that any Lord of the Upper House was capable of as many Proxies as should be sent unto him until in Anno 2 do Caroli Regis Anno Domini 1626. It was Ordered by the Lords then sitting in Parliament that no Member of the said House should be capable of above two Proxies at the most On Saturday the 28 th day of November to which day the Parliament had been last continued three Bills had each of them one reading of which the first being the Bill to provide remedy against fraudulent Conveyances was read the first time Hodie returnatum est breve quo Henricus Comes Suffex praesenti huic Parliamento interesse summonebatur qui ad suum praeheminentiae in Parliamento sedendi locum admissus fuit salvo jure alieno Nota That the daily continuing of the Parliament in those words Dominus Cancellarius continuavit praesens Parliamentum c. is hereafter omitted as matter of course unless where somewhat in it doth happen extraordinary or unusual in respect of the time place or manner On Monday the 30 th day of November 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 appointing fit and convenient places for Landing and Shipping of Merchandize On Tuesday the first day of December whereas James Diggs one of the ordinary Gentlemen of my Lord's Grace of Canterbury was committed to the Fleet upon a Reddit se in the Exchequer since the beginning of this present Parliament the Lords at the Motion of the Lord Archbishop of Canterbury claiming the ancient priviledge of this High Court gave Commandment to the Gentleman Usher that the said James should be brought before them And this day the said Lords having openly heard both Sir Roger Manwood then Lord Chief Baron of the Exchequer and the same James Diggs They Ordered that the said Diggs by vertue of the priviledge of this Court should be enlarged and set at liberty And it was further Ordered that the Warden of the Fleet should be discharged of the Prisoner and of the Action that might be brought against him the said Warden of the same Lastly Touching the Lord Chief Baron the said Lords have resolved for such causes and reasons as they have heard that the said Lord
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
another Bill against Moor-burning in the Counties of Northumberland Cumberland Westmerland and Durham with an amendment added unto it by the Lords were upon the third reading sent down to the House of Commons by Serjeant Rolls and Doctor Ford. Three Bills also had each of them one reading being brought from the House of Commons of which the first was for redress of erroneous Judgments in the Court called the Kings-Bench Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which time the Lords Assembling themselves two Bills of no great moment had each of them one reading of which the first being against Glass-Houses and making of Glass by Aliens born was read the first time This Afternoon also the Lords having heard the Councel of both Parties touching the Bill Intituled An Act to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and Anne his Wife during the minority of the said Johan and Anne to be void against the said Anne for a more speedy end of the said cause with the consent of the said Parties committed the matter to the hearing of certain of the Lords which should be named by the Parties themselves The Plaintiff Anne did chuse the Lord Treasurer the Earl of Arundell the Bishop of Salisbury and the Lord North and M r Vinion the Defendant chose the Lord Steward the Earl of Bedford the Bishop of Exeter and the Lord Buckhurst And further Ordered that the said Lords should end the matter between the Parties if they could and if they could not then to certifie the State of the matter as they found it to the whole House And the Lord Chief Justice and the Lord Chief Baron were appointed to attend the Lords On Tuesday the 23 th day of February Six Bill s of no great moment had each of them one reading of which the first being the Bill for the furtherance of Justice was read prima vice Two Bills also were sent up to the Lords from the House of Commons of which the first was concerning the Jointure of the Countess of Huntington On Wednesday the 24 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for the better assurance of her Majesties Letters Patents granted for the better foundation of the Hospital called Sherborn-House was read prima vice Commissa Archiepiscopo Eboracen Episcopo London Domino Darcy Domino Evers the Lord Chief Baron and Justice Gawdy On Thursday the 25 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of her Majesties Letters Patents to the Masters Fellows and Scholars of Clare-Hall in Cambridge was read secunda vice but no mention is made whether it was Ordered to be ingrossed or referred to Committees On Saturday the 27 th day of February to which day the Parliament had been on Thursday last continued the Bill for following of Hue and Cry was read secunda vice and committed to one Earl three Lords the Lord Chief Baron and one Judge Where still Nota the Judges are joint Committees with the Lords One Bill also touching Plymouth-Haven was sent up to the Lords from the House of Commons And three other Bills of no great moment the first concerning Rochester-Bridge was read secunda vice On Monday the first day of March to which day the Parliament had been on Saturday last continued Four Bills of no great moment had each of them one reading of which the first being the Bill for returning of sufficient Jurors for the better expediting of Trials was read tertia vice and concluded The Master of the Rolls and M r Serjeant Rodes were appointed Committees to hear the matter between M r Vinion and M r Tredolias Leza and his Wife and Commission given to the said Committees to end the matter between the Parties if they could and if they could not then the Parties with their Councel to be before the Lords at this House upon Thursday next Two Bills lastly had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. was read secunda vice with certain Amendments and a Proviso added by the Lords On Wednesday the third day of March to which day the Parliament had been last continued on Monday foregoing Four Bills of no great moment had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. with the Amendments and Provisoes added by the Lords was read tertia vice conclusa and sent to the House of Commons by Serjcant Rodes and the Queens Attorney Two Bills also were sent up to the Lords from the House of Commons of which the last was the Bill for the repairing and maintenance of the Sea-Banks and Sea-Works on the Sea-Coast in the County of Norf. Committees were appointed to hear the matter between the Lord Willoughby and M r Heronden who were chosen by the Parties themselves viz. the Earl of Kent and the Lord Zouch for the Lord Willoughby and Viscount Mountague and the Lord Cobham for M r Heronden And the Lords further Ordered that the said Lords Committees should end the matter between the said Parties if they could Committees lastly were this day Chosen to examine the Record touching passing Amendments of Amendments moved by the House of Commons viz. the Lord Treasurer the Earl of Suff. Viscount Mountague the Bishop of Winchester the Lord Hunsdon the Lord Buckhurst the Master of the Rolls and M r Attorney about the Bill for the better and more reverent observing of the Sabbath day to which the House of Commons had added Amendments upon Amendments The Precedents they named were the Bills for Treasons and bringing in of Bulls Acts passed in Anno 13 o of the Queen Nota That this Bill concerning the Sabbath as hath been before observed was long in passing the two Houses and much debated betwixt them being committed and Amendments upon Amendments added unto it which as appeareth in this place was the cause of some Disputation between the Lords and the said Commons Of the other several Passages of this Bill Vide on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and on Saturday the 19 th day of December foregoing As also on Thursday the 4 th day Saturday the 6 th day and on Saturday the 13 th day of this instant March following Nota also That the Master of the Rolls and the Queens Attorney being no Members of the Upper House are here made joint-Committees with the Lords On Thursday the 4 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for the assurance of certain Lands in the Counties of Norsolk Suff. Lincoln and Warwick unto the Lord Willoughby of Willoughby
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
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
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
matter of the said Petition And thereupon were appointed M r Treasurer and M r Vice-Chamberlain who going then presently to the Lords and returning again afterwards Mr. Vice-Chamberlain shewed that the Message they brought again from the Lords was very short to wit that their Lordships did appoint for that purpose to morrow in the Forenoon And afterwards the same Record of the whole course of the said proceeding in the said Commission being read and the said Petition then read also Mr. Vice-Chamberlain moved that this House would be Suitors to the Lords to have the said Petition entred and inrol led in the said higher House there to remain of Record as an Act. And thereupon it was upon the Question resolved by the whole House That the said Request should be made to their Lordships in that behalf by the said Committees on the morrow when they deliver unto their Lordships the full and whole good liking of this House had of the said Petition Then Mr. Speaker moved That for as much as by reason of the shortness of the said Petition he is appointed by this House to yield reasons unto her Majesty in such objections as should please her Highness to make touching the Contents of the said Petition the House would deliver him in writing for his better memory and the righter direction of their Service imposed upon him in that behalf such reasons as they should think meet for him in their Names to remember unto her Majesty And thereupon it was ordered That the said Committees of this House and every other Member of this House that would should meet at two of the Clock in the Afternoon of the same day in the Exchequer-Chamber and there shew and deliver such reasons inferring the necessity of the said Petition or other matter tending to the safety and preservation of her Majesties most Royal Person as to every or any Member of this House should seem meet and convenient And upon another Motion of Mr. Speaker that some of her Majesties Privy Council being of this House might be requested by this House to make humble Suit to her Majesty for Access of some competent number of this House unto her Highness accordingly It was prayed and agreed by the whole House that Mr. Vice-Chamberlain do the same And so then the House did rise and adjourned the Court until the Friday next following upon a former request then a little before made by Mr. Speaker for sparing his Service till then in respect he might in the mean time the better bethink and prepare himself to attend upon her Highness in performance of their said Charge so as before imposed upon him On Friday the 11 th day of November the Committees in the Bill for Orford-Haven whose Names see before on Monday the 7 th day of November are appointed to meet this Afternoon at three of the Clock in the Middle Temple Hall Mr. Cromwell one of the Committees for the Examination of Writs and the Returns for the Knights of the County of Norfolk which said Committees Names see on Friday the 4 th day of November foregoing maketh report That yesterday eleven of them met and upon view of the Dates of the same Writs and Returns and upon Conference by them then also had with the Clerk of the Crown and Under-Sheriff of Norfolk touching the manner of executing of the same Writs and Returns and hearing all such parties grieved with their learned Councel as repaired then to them for that purpose they do find that the first Writ and Return both in manner and form was perfect and also duly executed and the second Writ not so and that besides it might also be a perillous Precedent for the time to come to the Liberty and Priviledge of this House to admit or pass over any such Writ or Return in such manner and course as the said second Writ carrieth And further declared That they understood by the said Clerk of the Crown that the Lord Chancellor had then lately commanded him to receive and accept the said first Writ and Return by the which Mr. Farmer and Mr. Gresham were elected and returned as the Writ rightly and duly executed and did also understand by Mr. Recorder one of the said Committees That Sir Edmund Anderson Lord Chief Justice of the Court of Common Pleas had also shewed him that the said Lord Chancellor and the Judges had resolved That the said first Writ should be returned as that which was in all parts duly and rightly executed and not the second And shewed further That one of the Committees assenting with the residue in opinion of validity of the said first Writ and Return and of the invalidity of the said second and also in resolution that the explanation and ordering of the Case as it standeth appertaineth only to the Censure of this House moved notwithstanding in the Committee That two of the Committees might be sent to the said Lord Chancellor to understand what his Lordship had done in the matter which the residue thought not convenient first for that they were sufficiently satisfied therein by divers of themselves but principally in respect they thought it very prejudicial and injurious to the Priviledge and Liberties of this House to have the said Cause decided or dealt in in any sort by any others than only by such as are Members of this House and that albeit they thought very reverently as becometh them of the said Lord Chancellor and Judges and know them to be competent Judges in their places yet in this case they took them not for Judges in Parliament in this House and so further required that if it were so thought good Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of and received into this House by force of the said first Writ as so allowed and admitted only by the censure of this House and not as allowed of by the said Lord Chancellor or Judges Which was agreed unto accordingly by the whole House and so Ordered also to be set down and Entred by the Clerk Mr. Treasurer one of the said Committees in the said Examination sheweth for his part his privity and assent unto the whole recited course of proceeding in the said Committee as it hath been declared by Mr. Cromwell and that before himself the said Mr. Farmer hath already pronounced and taken his Oath Shewing further withal that in the Committee he moved that some might be sent to the Lord Chancellor to know what his Lordship had done in the matter which he then thought and yet still doth think necessary to have been done as one of the circumstances of the said examinations and not for want of any satisfaction otherwise but only in respect of the orderly proceeding in the Commission unto them by this House tending to circumstances of the matter of which he thinketh one to have been to send as aforesaid unto the said Lord Chancellor though they were resolved by themselves amongst themselves before
Mr. Recorder of London making a large and plentiful discourse of the ancient priviledges and liberties of this House furnished with recital of sundry Precedents and examples and lastly coming down to the matter in hand sheweth that Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas told him this morning that the said Lord Chancellor and the Judges had resolved that the said first Writ ought to be returned and had so given order to the Sheriff and Clerk of the Crown And that he thereupon answered the said Sir Edmund Anderson again that the censure thereof belonged unto this House and not unto them and that he for his part would take no notice thereof at their hands of their so doing but only by way of instructions and not otherwise And so concluded with the allowance of the good course and order of this House in setting down and entring the said Judgement accordingly as before Mr. Vice-Chamberlain shewed unto the House that according to their appointment he hath been an humble suitor unto her Majesty on the behalf of this House for access there to be had unto her Highness to exhibit their Petition unto her Majesty And that her Majesty thereupon hath very Graciously granted to hear them at the Court upon to morrow next between one and two of the Clock in the Afternoon signifying also unto them further that her Majesty having heard that the Lords do appoint them twenty of themselves of the Higher House to attend her Majesty also for the same purpose so her Highness thinketh meet that forty of this House were likewise appointed for this House which She thinketh to be a sufficient number but is nevertheless well pleased if the House shall think good to send a more or greater Number at their discretions but leaveth the same to their own considerations Which her Majesties most Gracious Favour as the whole House did take it in most joyful and dutiful part So did they then desire the said Mr. Vice-Chamberlain that he would in the name of this whole House present unto her Majesty their most humble and dutiful thanks for the same her Highnesses most gracious clemency and great loving kindness towards them Which so to do the said Mr. Vice-Chamberlain told them he purposed God willing in the Afternoon of this present day And these were appointed by this House to attend upon her Majesty to morrow at the Court as many of the former Committees as would whose names see at large on Friday the 4 th day of this instant November foregoing and also Sir Henry Barkeley Sir William Mohun Sir Edward Dymocke Sir Thomas Jones Sir Henry Bagnell Sir Andrew Nevill Sir Henry Knyvet Mr. Farmer Sir Edward Osborne Mr. Henry Bromley Mr. Ralph Horsey Mr. James Croft and Mr. Tasborough then added unto them which done upon a Motion that for as much as the Knights for the County of Norsolk and the Burgesses for all the Boroughs within the same County saving only the Citizens for the City of Norwich were returned and certified into this House this present day and not before the Petition might therefore be read again in this House in the presence of the same Knights and Burgesses to the intent that they being made privy thereof might also yield their Assents to the same Petition whereby the rather the same being for a matter of so great moment might in very deed be the Action of the whole House then being possessed and consisting of all the Members thereof the same Petition was read by the Clerk and well liked of agreed unto and allowed by the voices of the said Knights and Burgesses upon the question thereof unto them made in that behalf by Mr. Speaker And afterwards Mr. Vice-Chamberlain made a motion that Mr. Speaker be put in remembrance by this House besides the residue of his reasons to be shewed to her Majesty for maintenance of the parts of the said Petition to urge if need be to her Majesty the matter and necessity of the late Instruments of Association respecting especially the Consciences of a great number of her Highnesses good and Loyal subjects which cannot be dispensed with by Laws whereupon request was so made by the House to Mr. Speaker accordingly Mr. Treasurer shewed that yesterday he and others of the Committees in the great Cause presented unto the Lords in the Upper House the Request of this House unto their Lordships to have the said Petition entred and recorded in the Upper House there to remain as an Act. Whereunto their Lordships assented and willed that the same might first be ingrossed in Parchment and so delivered to their Lordships this present Forenoon shewing further That the Clerk of this House then had the same already ingrossed and exact accordingly but that the same could not that day be sent to their Lordships for that their Lordships did not sit this Forenoon and therefore he said it must be delivered at some other time And so then the House did rise and this Court was adjourned till Monday next following Memorandum That in the Afternoon of this present day the said Petition ingrossed was delivered into the hands of the Lord Chancellor by the Appointment of Mr. Speaker and so lest with his Lordship On Saturday the 12 th day of November although the House of Commons sate not any part of the day in their proper place yet in the Afternoon according to her Majesties direction sent unto the House yesterday by Sir Christopher Hatton her Vice-Chamberlain John Puckering Serjeant at Law their Speaker with all the Privy Council and divers other Members of the said House whose Names see before on Friday the 4 th day and on Friday the 11 th day of this instant November last past repaired to her Majesty unto the Court there to joyn with Sir Thomas Bromiey Lord Chancellor and twenty Temporal Lords of the Upper House in presenting a certain Petition which had been agreed upon by both Houses unto her Highness for the speedy Execution of Mary late Queen of Scots according to that just Sentence which had been pronounced against her And to move her Majesty thereunto the said Speaker of the House of Commons did use many excellent and solid reasons which were all found in a certain Memorial written with his own hand being as followeth Unless Execution of this just Sentence be done 1. Your Majesties Person cannot any while be safe 2. The Religion cannot long continue amongst us 3. The most flourishing present State of this Realm must shortly receive a woful Fall 4. And consequently in sparing her your Majesty shall not only give courage and hardiness to the Enemies of God of your Majesties self and of your Kingdom but shall discomfort and daunt with despair the hearts of your loving People and so deservedly provoke the heavy hand and wrath of God And that summarily for the reasons ensuing First forasmuch as concerns the danger of your Majesty Both she and her Favourers think
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
that you receive them not until they be viewed and considered by those who it is fitter should consider of such things and can better judge of them To the persons all priviledge is granted with this Caveat That under colour of this priviledge no mans ill doings or not performing of Duties be covered and protected To the last free access is granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm Nota That these several interlocutory Speeches of the Speaker and the Lord Keeper are not found in the Original Journal-Books of the Upper House or the House of Commons but are supplied out of a very Elaborate Journal of the Passages of the said Commons House taken by some Anonymous Member thereof this Parliament and are here inserted as was also the Lord Keepers Speech upon the first day of the same upon the reasons there alledged which see at large set down upon Monday the 19 th day of this instant February foregoing in fine diei Although the usual Custom in the Original Journal-Book of the Upper House is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it much more methodical to place all such returns in those days upon which they were delivered to the Clerk of the Parliament and always upon that day on which the first Return was to make some short observation of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Thursday therefore being the 22 th day of February and the second day on which the Upper House sat was returned only this one unusual Proxy 22 o Die Febr. introductae sunt Literae procuratoriae Johannis Episcopi Carliolen ' in quibus Procuratores suos constituit Johannem Archi-episcopum Cantuarien Johannem Episcopum London Matthaeum Episcopum Dunelmen ' Nota That this is one of those Proxies which I call unusual and extraordinary in respect that this Bishop of Carlisle did make or constitute three several Proctors whereas usually a Spiritual Lord nominateth but two conjunctim divisim and a Temporal Lord but one and that also of their own Order whence it is plain that these Proxies may not unfitly be stiled unusual whereby the Spiritual Lords do appoint Temporal Lords for their Proctors or but one Proctor a piece or more than two or when any Temporal Lord nominateth a Spiritual for his Proctor or constituteth more Proctors than one And therefore it is worth the observation that at this very time of nine Temporal Lords that sent their Proxies this Parliament by her Majesties Licence but one of them nominated two Proctors Which see upon Monday the first day of March ensuing all the rest constituting but one Yet the Proxies of the Spiritual Lords being six in number were all of them unusual and extraordinary which I conceive is not easily to be patterned in any other Parliaments except the first which was sent by Edmond Bishop of Norwich in which he constituted only John Bishop of London and Richard Bishop of Peterburgh his Proctors and returned on Monday the 19 th day of this instant February foregoing although it be there omitted as a thing usual and not worth the setting down at large But the other four extraordinary Proxies sent by so many several Bishops see afterwards according to their several Returns upon Saturday the 24 th day and on Tuesday the 27 th day of this instant February ensuing as also on Wednesday the 7 th day and on Wednesday the 28 th day of March next following Where also it may be noted that John Archbishop of Canterbury had this Parliament five Proxies viz. From John Bishop of Carliste John Archbishop of York Thomas Bishop of Winchester Matthew Bishop of Durham and Thomas Bishop of Chichester all which being extraordinary are at large set down in this present Journal in those several days upon which they were returned so that from this and many other Precedents of former and later Parliaments it is most plain that by the ancient Usages and Customs of the Upper House any Lord Spiritual or Temporal being a Member thereof is capable of as many single or Joint Proxies as shall be sent unto him Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox ' futur ' On Saturday the 29 th day of February the Bill for restraining and punishing Vagrant and seditious Persons who under feigned pretences of Conscience and Religion corrupt and seduce the Queens Subjects was read primâ vice Eodem die retornatum est breve quo Richardus Wigorn ' Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminentiae sedendi in Parliament ' locum admissus est salvo cuiquam jure suo This day also was one extraordinary or unusual Proxie returned from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxie is thus entred in the Original Journal-Book of this Parliament in the beginning thereof in manner and form following viz. 24. Febr. Introductae sunt Literae procuratoriae Johannis Eboracensis Archi-episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Catuarien ' On Monday the 26 th day of February retornatum est breve quo Edwardus Dominus Cromwell praesenti Parliamento summonebatur interesse idem Dominus ad suum praeheminentiae sedendi in Parliamento locum admissus est salvo jure alieno The Writ was returned whereby Gilbert Earl of Shrewsbury was summoned c. The several Writs were also returned whereby George Bishop of Landaff William Lord Crompton and Edward Earl of Worcester were summoned It seemed by the Journal-Book that nothing else was done but the Parliament continued according to the usual form which is entred in the Original Journal-Book of the Upper House in these words following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Mercurii proximè futurum On Tuesday the 27 th day of February although the Upper House sat not yet was there one unusual and extraordinary Proxie returned from a Spiritual Lord who constituted but one Proctor which said Proxie was privately delivered in unto the Clerk of the said House and is entred by him in the Original Journal-Book of the same House in manner and form following viz. 27. Februarii Introductae sunt Literae procuratoriae Thomae Wintonien ' Episcopi in quibus Procuratorem suum constituit Johannem Archi-episcopum Cantuarien ' On Wednesday the 28 th day of February to which day the Parliament had been last continued two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this present Parliament
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
Saturday the 17 th day of this Instant March ensuing and on Monday the 19 th day of the same The said Message is set down very exactly as it was sent from their Lordships some things only being added for Order and Explanation in the transcribing of it in the Original Journal-Book of the House of Commons in Manner and Form following Mr. Egerton Attorney General and Mr. Doctor Carey coming to the House with a Message from the Lords were sent for in and were brought up by the Serjeant making three low curtesies before they approached to the Speaker and delivered their Message to him which he afterwards propounded to the House The Message which they brought from their Lordships unto the House was that their Lordships did desire to put this House in remembrance of the Speeches delivered by the Lord Keeper upon the first day of this Parliament for Consultation and provision of Treasure to be had against the great and eminent dangers and perils of this Realm by the mighty adversaries and enemies of the same And thereupon their Lordships did look to have heard something from this House touching those Causes before this time And therefore had to that end hitherto omitted to do any thing therein themselves And thereupon their said Lordships do desire that according to the former laudable usages between both Houses to wit the Lords House and this House in such Cases a Committee of some grave and setled Members of this House may be appointed to have Conference with a Committee of their Lordships touching the Causes aforesaid Which done the said Mr. Attorney and Mr. Doctor Carey being sequestred the House Mr. Speaker making Report of the said Message to this House it was presently resolved by the whole House that such a Committee of this House should be selected thereupon for that purpose accordingly with this request also from the House That the said M r Attorney General and Mr. Carey might both signify unto their Lordships the willing and ready assent of this House unto their Lordships said request and also move their Lordships touching their pleasure for the number of the Committees to be appointed for their Lordships and for the times and place of meeting to be signified from their Lordships to this House to the end thereupon this House may proceed to the selecting of a convenient number of this House for the said Conference accordingly And then the said Mr. Attorney General and the said Mr. Doctor Carey being returned into this House again Mr. Speaker delivered unto them their Answer and the request of this House unto their Lordships in manner aforesaid accordingly Mr. Attorney General and Mr. Doctor Carey do bring word from the Lords that their Lordships do make choice of the number of twenty for their Committee and that their Lordships do appoint two of the Clock this Afternoon for the time and the Chamber next unto the Upper House of Parliament for the place Which done the said Master Attorney General and the said Mr. Doctor Carey being sequestred and the said Message delivered unto this House by Mr. Speaker it was agreed that a convenient number of this House should be appointed to meet with the Committees of their Lordships at the said time and place accordingly And then immediately the said Mr. Attorney General and Mr. Doctor Carey being called into this House again the said Answer was delivered unto them by Mr. Speaker accordingly Whereupon these Committees following were appointed to attend upon the Committees of the Lords in the said Conference at two of the Clock in the Afternoon of this present day in the Chamber next to the Upper House of Parliament viz. All the Privy-Council of this House being in number four Serjeant Yelverton M r Dyer M r Sandes Sir Henry Unton M r Wroth Sir Henry Cocke Sir Francis Hastings M r Fulk Grevill Sir Henry Knivet Sir William Moore M r Recorder of London M r Heyle M r Doctor Awbery M r Lewes M r Anthony Cooke Sir Moyle Finch M r George Moore Sir Francis Gudolphin M r Francis Bacon M r Doctor Awbery Sir Thomas Shirley Sir Thomas Stafford Sir Thomas Conisby Sir Edward Dymock M r John Hare M r Barker M r Trevor Sir George Carey Sir Thomas Cecill Sir Walter Raleigh Sir Francis Drake Sir William Knowles Sir Thomas Dennys Sir Henry Poole Sir Thomas West Sir Robert Sidney M r Tasborough M r Flowre Sir John Payton M r William Haymond Sir Edward Hobby Sir John Harrington Sir Thomas Read Sir William Brunker M r Doctor Caesar M r Lewkenor Mr. Atty Mr. Robert Sackvile Sir Charles Candish Mr. Nathanael Bacon Mr. Doctor Herbert Mr. Serjeant Harvey Mr. Serjeant Haman Sir George Savil Mr. Henry Finch Mr. Philips Sir Thomas Flemming Sir Nicholas Saunders Mr. Humphrey Conisby Sir Edward Grevill Sir Christopher Blunt Mr. Cradock and Mr. Grimston The Committees in the Bill for reducing of disloyal Subjects to their due Obedience whose names see before on Wednesday the 28 th day of February last past which should have met this present day in the Afternoon in this House are appointed over to meet to Morrow next in the Afternoon at the said place On Friday the second day of March there was no other business entred upon but that of Mr. Fitzherberts which being but shortly and imperfectly set down in the Original Journal-Book of the House of Commons I thought good to transcribe the relation of the dispute therein had out of that often before-mentioned Anonymous Journal of the same House in which some small things only being altered for order sake it is set down on this present Friday being the second day of March in manner and form following viz. After Prayers there was no Bill read but presently Mr. George Moore spoke to the question of M r Fitzherberts Election being an Outlawed Person and of his Arrest upon the Capias utlagatum after he had been so Elected a Burgess of the House and before the Indenture in that Case made had been returned unto the Sheriff Upon all which matters considered of his opinion was that he ought not to have priviledge nor to serve as a Member of this House Sir Henry Knivet spake next and as it should seem spake for Mr. Fitzherbert that he ought to have the priviledge of the House But had never a new reason only he took Exceptions that the priviledges of the House and the ancient Customs thereof were not observed and that men gave not Audience to them that spake and pleased them not but were ready to interrupt them Mr. Tasborough Mr. Stephenson Mr. Bronker and Mr. Sandes spake severally also touching the same matter disputing and arguing it pro and con as well for his being as not being a Member of this House as also for his having and not having the priviledge of this House but they gave no other new reasons touching the said Case more than had been already delivered in a former dispute of the same the
the said House is inserted out of it in manner and form following viz. Sir Robert Cecill one of the Committees appointed by this House for Conference with the Committees of the Lords shewed that he and the residue of the Committees of this House did yesterday in the Afternoon repair unto the said Committees of the Lords at the place appointed where the Lord Treasurer of England in the name of the residue of the said Committees of the Lords shewed unto the Committees of this House the great and present need of provision of Treasure to be imployed for the defence of the Realm against the Invasion of the great and mighty Enemies unto this Realm and State and shewing further that the double Subsidy and Fifteenths and Tenths lastly granted unto her Majesty amounting but unto two hundred and fourscore thousand pounds her Majesty hath nevertheless in these defensive Wars expended of her own Treasure alone ten hundred and thirty thousand pounds since the time of the granting of the said double Subsidy and of the said Fifteenths and Tenths And that therefore their Lordships weighing the great present necessity of greater and more speedy supply of Treasure to be had than two intire Subsidies and four Fifteenths do negatively affirm That their Lordships will not give in any wise their assents to pass any Act in their House of less than three intire Subsidies to be paid in the three next years at two payments in every of the same years the first to begin soon after the next Easter and the second soon after the next Michaelmas and so yearly after Easter and Michaelmas during the said three years And that to what proportion of benevolence or unto how much their Lordships would give their assents in that behalf they would not as then shew unto the said Committees of this House But insisting for Conference again to be had he further urged that this House might be moved to yield a greater supply To which end he alledged that the usual late Subsidies were very small and were also imposed for the most part upon the meaner sort of her Majesties Subjects declaring that he knew one Shire of this Realm wherein there were many men of good living and countenance but none of them in the said last Subsidies assessed at above four-score pound Lands per Annum And that in the City of London also where the greatest part of the riches of the Realm are there was no one assessed at above two hundred pound goods a man and that not yet past above four or five such Which Speech in effect being ended and in far better sort delivered than he had reported it he in Conclusion referred the further consideration thereof to the gravity of the House Nota That that which follows touching the Conclusion of this Forenoons business as also touching the agitation of the aforesaid great matters of the danger of the Realm and of a proportionable supply to be given which ensued in the House at the Committee in the Afternoon are either very imperfectly set down or wholly omitted in the Original Journal-Book it self and are therefore supplied out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal M r Francis Bacon as soon as Sir Robert Cecill had made an end of the former report of the business handled at the said Committee of which himself also had been one spake next and yielded to the Subsidy but misliked that this House should join with the Upper House in the granting of it For the Custom and Priviledge of this House hath always been first to make offer of the Subsidies from hence then to the Upper House except it were that they present a Bill unto this House with desire of our assent thereto and then to send it up again And reason it is that we should stand upon our priviledge seeing the burthen resteth upon us as the greatest number nor is it reason the thanks should be theirs And in joining with them in this Motion we shall derogate from ours for the thanks will be theirs and the blame ours they being the first movers Wherefore I wish that in this Action we should proceed as heretofore we have done apart by our selves and not join with their Lordships And to satisfie them who expect an Answer from us to Morrow some Answer would be made in some obsequious and dutiful manner And out of his Bosom he drew an Answer framed by himself to this effect That they had considered of their Lordships Motion and thought upon it as was fit and in all willingness would address themselves to do as so great a Cause deserved To join with them he said he could not but with prejudice to the priviledge of the said House Wherefore he desired as they were wont so that now they might proceed here in by themselves a part from their Lordships and that they might do it without discontent To this purpose he cited a precedent in H. 8. time where four of the Lords came down into the House of Commons and informed them what necessity there was of a Subsidy And that thereupon the House took it to consideration a part by themselves and at large granted it By which it should seem that he did infer that the Lords might indeed give notice unto the said House of Commons what need or danger there was but ought not to prescribe them what to give as at the meeting of the former Committee the Lord Treasurer had done Whereupon the House well approving the said M r Bacon's Opinion it was upon the Question Ordered That the former Committees of this House in the same Cause whose names see on Thursday the first day of this instant March foregoing should meet here in this House at two of the Clock in the Afternoon of this present day for framing of an Answer of this House to be made unto the said Motion of the said Committees of the Lords and to make Report to Morrow in the Morning to this House of such their Answer so to be framed to the end the same being agreed on and allowed by this whole House may presently thereupon be signified unto the said Committee of the said Lords accordingly for that the said Committees of this House did yesterday shew unto their Lordships that their Lordships should then receive an Answer of this House unto their Lordships said Motion In the Afternoon of this present Friday aforesaid the Committees met in the House according as it had been Ordered in the Forenoon by the said House and spent all the time in many good Discourses and Disputations for the Subsidy But a great part thereof was spent in arguing what the matter was which was referred unto them by the House whether a Subsidy should be yielded and that signified for an Answer from them to the Lords Or whether the Committees were only to consider of an Answer according to M r Bacons Motion That this House would alone by
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
unto by the House of Commons with a competent number of them The Councel Learned on part of George Ognell and on the behalf of the Hospital of Warwick c. were openly heard in the House Vide concerning this business on Monday the 16 th day Tuesday the 17 th day and Friday the 20 th day of this instant January foregoing Excuse was made by the Bishop of London for the Bishop of Norwich in regard of his unhealthiness The Committees in the Bill for punishment of Rogues Vagabonds c. who were appointed on Saturday the 21 th day of this instant January foregoing returned the same to the House with some Amendments by the Lord Archbishop of Canterbury and the Lord Chief Justice required to consider of the Amendments Two Bills were brought up to the Lords from the House of Commons of which the first being that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown was presented by Sir Robert Cecill and others On Tuesday the 24 th day of January Three Bills of no great moment had each of them their first reading of which the first was that no person robbing any House in the day although no person be therein shall be admitted to have benefit of Clergy The Bill Entituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars was returned by the Lord Marshal second of the Committees with sundry Amendments thought meet to be added which Amendments were presently twice read and after consideration thereof had and much debate whether the Bill should so pass or no it was thought necessary to be recommitted to the said Committees who were appointed on Monday the 16. day of this instant January foregoing and the time and place appointed presently at the little Chamber near the Parliaments presence The Bill was brought in again with the same Amendments and no Alteration and thereupon commanded to be engrossed The Bill entituled An Act for the relieving of Clothiers concerning the weight of short broad and coloured Cloths to be made within the Counties of Suffolk and Essex was returned to the House by the Earl of shrewsbury the first of the Committees who made Report that upon hearing of both Parties and upon due consideration of the reasons and allegations by them alledged the Committees thought there could not be any further proceedings in the same Whereupon a new Bill was presented bearing this Title viz. An Act touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex which was presently read primâ vice The Bill for punishment of Rogues Vagabonds c. was brought into the House by the Lord Chief Justice with certain Amendments It was debated in the House whether Amendments upon a Bill being brought into the House by the Committees may afterwards be contradicted or spoken against by any of the Committees but the doubt was left for the present unresolved Vide on Thursday the 12 th day of November in the Parliament de Anno 43 Regin Eliz. where this doubt was cleared and ruled affirmatively On Wednesday the 25 th day of January Three Bills had each of them one reading of which the last was the Bill that Lessees may enjoy their Leases against all Patentees their Heirs and Assigns notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown Sir Moile Finch to be heard by his Councel Learned to Morrow openly in the House concerning this Bill Four Bills of no great moment were brought up to the Lords from the House of Commons of which the first was the Bill for maintenance of Husbandry and Tillage Two Bills had each of them one reading of which the first being the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties Services concerning the Wars was read tertiâ vice The Earl Marshal informing that the Committees upon the Bill for the lawful making of Bays c. who had been appointed on Thursday the 12 th day of this instant January foregoing had not time at the day formerly assigned and moving for a new day to be appointed for their meeting the House appointed that the said Committees should meet for that purpose this Afternoon at the said Earl Marshals Chamber Notice was given to the House by the Lord Treasurer that the Committees upon the Bill concerning Tellors Receivors c. had a meeting with a select number of the House of Commons to confer upon the Objections and Answers touching that Bill Yesterday in the Afternoon according to the Order taken the 23 th day of January But for as much as the said number of the House of Commons at the meeting affirmed that they had no Authority to undertake the debating of the said Objections and Answers otherwise than to speak as they should see cause as private men and desired that the Answer might be communicated to the said Commons in writing the Lords therefore sent down the said Answers to the House of Commons by the hands of M r Attorney General and M r Doctor Stanhop The Committees upon the Bill concerning the draining of Waste and Marish grounds and who had been appointed on Wednesday the 11 th day of this instant January foregoing were appointed to meet at the Earl Marshals Chamber this day by two of the Clock in the Afternoon The Amendments upon the Bill for punishment of Rogues Vagabonds c. were twice read And thereupon the Bill with the said Amendments was commanded to be engrossed On Thursday the 26 th day of January the Bill to enable Edward Mollineux to sell his Lands for the payment of his debts c. was returned by the Earl Marshal the second of the Committees by reason of some of the Kindred of the said Edward Mollineux who opposed themselves against the Bill A Motion was therefore made that the Cause might be ended by some Arbitrary Course Whereupon the Parties on both sides were called into the House and moved to that purpose unto which they assented and made choice of the Earl of Rutland the Lord Bishop of London and the Lord Mountjoy who were appointed to meet this Afternoon Vide concerning this matter on Tuesday the 17 th day of December foregoing Six Bills of no great moment had each of them one reading of which the fifth being the Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Attorney General The Bill for the lawful making of Bayes c. was returned by the Earl Marshal the second of the Committees with a Proviso thought meet to be added which Proviso was twice read and commanded to be engrossed The Bill to reform deceits and breaches of
by Thomas Holcroft Henry Cavendish and William Cavendish Esquires to be annext to the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and others It was at last agreed that the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and M r Attorney General should draw some new Provisoes such as they should think indifferent for all Parties and meet to be annexed to the said Bill and should present the same to the Lords to Morrow in the Morning before their Conference with the House of Commons about the said Bill Vide concerning this matter on Thursday the 17 th day of this instant December ensuing The Lord Keeper signified unto their Lordships that he received Commandment from her Majesty to let them understand her Pleasure to be that the Parliament should end upon Thursday the 17 th day or Friday the 18 th day of this instant December at the furthest to the end their Lordships may repair home into their Countries against Christmas And therefore she required them to imploy and spend that time which remaineth in matters concerning the publick and not in private Causes Memorandum Quod die decimo praedicto viz. dicti Mensis Decembris Those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matter touching the Honour of both Houses did make known unto the Lords of the Committees nominated for that purpose that the occasion of such their Message was for that as they were informed M r Attorney General had preferr'd a Bill into the Star-Chamber against one Belgrave a Member of the House of Commons for and concerning some matter of misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House And therefore they desired this mutual Conference letting their Lordships understand that to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects First That Belgrave being a Member of the House of Commons was thereby vexed and molested during his Service in the time of Parliament contrary to the Honour and Priviledge of the House saying that no Member of that House ought by any such means in time of his Service to be distracted either in body or mind The other because in the said Bill preferr'd by M r Attorney General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and for as much as it appeared that it was not an authentick Bill testified by the hand of the Clerk of the Star-Chamber as had been meet the Lords thought it not meet though otherwise they were willing to have it read nor agreeable to the proceeding of such a Court that the said Bill or Scroll shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by M r Serjeant Yelverton and M r D r Hone who finding the House risen before they came brought the said Bill back again Vide concerning this matter on Monday the 14 th day of this instant December following On Friday the 11 th day of December the Bill concerning Captains Souldiers and other in the Queens Services in the Wars was returned to the House by the Lord Steward with certain Amendments and a Proviso thought meet by the Committees whose names see on Thursday the 12 th day of November foregoing as also on Tuesday the 8 th day of this instant December last past which Amendments and Provisoes were presently twice read and thereupon the Bill Commanded to be ingrossed The Bill for maintenance of the Navy encrease of Mariners c. which was committed on Monday the 7 th day of this instant December foregoing although the mention thereof as being of little moment be there purposely omitted was returned to the House by the Lord Treasurer the first of the Committees with certain Amendments which were presently twice read Four Bills were brought up to the Lords from the House of Commons of which the two last were one for the Assurance of the Parsonage of the Vicaridge of Rotherston in the County of Chester and a Scholars Room in the Cathedral Church of Christ in Oxon of the Foundation of K. H. 8. by the Dean and Chapter of the said Cathedral Church to Thomas Venables Esq and his Heirs for ever And the other for the Augmentation of Rachel Wife of Edward Nevil in the Counties of Kent both which Bills were read primâ vice Memorandum A Proviso being drawn by the Judges for the Bill for Confirmation of Grants made by her Majesty c. as by the Court was Yesterday appointed the same was presented to the House by the Lord Treasurer the second of the Committees testified by M r Attorney General that both Parties viz. the Earl of Shrewsbury and Thomas Holcroft Esq c. like of it and the same was read primâ vice and Conference had immediately with the Committees of the House of Commons in the Outward Chamber Vide concerning this matter on Thursday the 17 th day of this instant December following The Bill before-mentioned sent down Yesterday by M r Serjeant Yelverton and D r Hone was sent by them again with the same Message and moreover to signifie unto them that the Lords are ready to have Conference with them Whereunto the House of Commons returned Answer that for the Conference they are ready to meet with the Lords forthwith And concerning the Bill they will do what shall be fit Vide Concerning this on Thursday the 17 th of December ensuing On Saturday the 12 th day of December Eight Bills were brought up to the Lords from the House of Commons by M r Secretary Cecill M r Secretary Herbert and others which were each of them read primâ vice of which the first was for reformation of abuses in Sheriffs and other their inferiour Officers for not duly executing Writs of Proclamation upon Exigents according to the Statute of 31 Eliz. And the second was the Bill for prohibiting Fairs and Markets to be holden on the Sunday Two Bills also had each of them one reading of which the first being the Bill for the Grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read primâ vice Vide concerning this Bill on Monday the 14 th day and on Tuesday the 15 th day of this instant December ensuing The Lords and those of the House of Commons not having time yesterday to
was read tertiâ vice expedit Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus instantis diei About which hour the Lord Keeper and divers other Lords assembling Five Bills of no great moment had each of them one reading of which the second being the Bill for the strengthening of the Grants made for the Maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Hen. the Eighth was read secundâ vice The Bill for the recovery of many hundred thousand Acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read iertiâ vice expedit Upon the third reading of this Bill it was moved by the House that certain Additions might be put in the Title of the Bill and Amendments in some part of the body thereof and the Lord Chief Justice and M r Attorney were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by M r Attorney and M r D r Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the Title of of the Counties of Essex Sussex Kent and the County Palatine of Durham Three Bills also had each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman deceased Executor of the last Will and Testament of John Flowerden Esquire deceased lyable c. was read secundâ vice but no mention is made either of the Commitment or Engrossing thereof the reason or cause of which omission see more at large on Monday the 23 d day of November foregoing Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of Deceits and Frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward Chamber near the Parliament Presence On Friday the 18 th day of December Four Bills had each of them one reading of which the last being the Bill for the Queens Majesties most Gracious General and free Pardon was read primâ vice and sent to the House of Commons by M r Attorney General and M r Doctor Stanhop Memorandum that whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary Yet nevertheless the Lords of the Upper House have thought it meet and convenient that some course might be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for the setling of some good agreement and Order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without impeaching one the other It is therefore Ordered by the Court of the Upper House of Parliament that the said complaint and cause of the said Painters which proceeded not in Parliament shall be referr'd to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and Ordered as in Justice and Equity shall be found meet And that at the time or times of the hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark and M r Attorney General or any four three or two of them shall assist and give their help for the making and establishing some good Order and Agreement And that the said parties complainant and also the Company of the Plaisterers shall observe and keep such Order as by the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Gawdie M r Baron Clark M r Attorney General M r Recorder of London or any six five four or three of them whereof the Lord Mayor and the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas to be two shall be set down and prescribed Vide concerning this matter on Monday the 14 th day of this instant December foregoing Memorandum that whereas William Crayford of Mongham in the County of Kent Gentleman was this day brought before the Lords Spiritual and Temporal in the Upper House of Parliament to answer an Information made against him that he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gentleman Servant to the Earl of Shrewesbury contrary to the priviledge of the Court And the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information wherein he protested that he was guiltless and that his said Son had not in any sort received such direction from him as was informed It was therefore by the Court thought meet and so Ordered that the examination and determining of the controversies and Suits depending between the said Crayford and Vaughan should be referr'd to the Earl of Worcester the Lord Bishop of London and the Lord Cobham And that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to observe and perform such Award and Arbitrement as the said Lords shall make and set down between them Vide concerning this Matter on Saturday the 19 th day of this instant December immediately following On Saturday the 19 th day of December a Motion was made in the House for avoiding of all further controversy between William Crayford and William Vaughan Gentlemen That forasmuch as each of them took mutual Exception one to the other touching the Bonds whereinto they formerly entred by Order of the Court the said William Crayford alledging that it sufficed not William Vaughan alone to be bound because his Heirs or some other claiming by and from him might trouble and molest him And that the said Vaughan is insufficient And the said William Vaughan alledging that if William Craysord were bound alone his Sons or Heirs might molest and trouble the said Vaughan without hazard of the Bond some further Order might thereupon be taken It was therefore this day Ordered by the Court that the said William Crayford and
all the Earls Summoned to this Parliament differed nothing from that by which the Duke of Norfolk was Summoned The words of the Writs that were directed to any Bishop this Parliament were Verbatim the same with the Archbishops only differing in the Style which is set down before their Christian Names being added in these words Reverendo in Christo Patri instead of these words inserted into the Writs directed to the Archbishops viz. Reverendissimo in Christo Patri The Writs to the Viscounts and Barons are thus directed viz. Dilecto fideli suo Anthonio Vicecomiti c. and then all the rest agreeing with the aforesaid Writ set down as directed to the Duke of Norfolk The Writs by which the Judges are Summoned are directed thus Dilecto Fideli suo c. and differ from the Peers Writs in these words tractare Consilium suum impendere but not ordinare and the same Style is inserted in the Writs directed to the Queen's Council and the rest who are to attend in the Upper House The Parliament being Summoned to begin as appeareth by the foregoing Writ set down as directed to the Duke of Norfolk on the 23th day of January it was upon the said day farther Prorogued in manner and form following Memorandum where the Queen's Majesty by her first Writ Summoned the Parliament to be begun and holden at Westminster the 23. day of January as by the same Writ bearing Date at Westminster the 5th day of December in the first year of her Reign it more plainly appeareth Her Highness upon certain great and weighty Causes and considerations her Majesty especially 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 this said Parliament until Wednesday now next following being the 25th day of this instant Month by vertue of her Writ Patent Signed with her own Hand Sealed with her Great Seal bearing Date the 21th day of this present Month whereupon at this said 23th day of January the Lord Keeper of the Great Seal with divers others her Lords and Counsellors repaired to the Parliament Chamber commonly called the Upper House and there in the presence of the whole Assembly of the Lords Spiritual and Temporal the Knights Citizens and Burgesses Summoned to the same Parliament did open and declare that the Queens Majesty whose preservation in Health giveth safety and surety to the whole Publick Wealth not feeling her self in good Disposition of Body nor unmindful of the Peril that by her too much boldness by coming abroad might ensue sent for the Lord Keeper of the Great Seal the Lords and others of her Highness Council unto whom she declared her Estate and the fear she had to adventure going to Parliament this said prefixed day being the 23th day of January requesting them to signifie her Estate unto the Assembly and that by virtue of the said Writ of Prorogation she had Prorogued her said Parliament from the first said Summoned day until the 25th day of the same Month. All which matters being notified to the said Assembly according to her Highness request and pleasure the said Writ for the said Prorogation in the presence of that Assembly was there then read by the Clerk of the Upper House publickly and openly the Tenor whereof ensueth Verbatim 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 Parliamentum nostrum apud Civitatem nostram Westmonasterij 23. die instantis Mensis Januarij inchoand ' tenend ' convocat ' elect ' eorum cuilibet Salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernen ' dictum Parliamentum nostrum ad diem locum praedictum teneri ordinaverimus ac vobis per seperalia brevia nostra apud Civitatem diem praedict ' interesse Mandaverimus ad tractand ' assentiend ' concludend ' super his quae in dicto Parliamento nostro tunc ibidem proponerentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad hoc specialitèr movend ' dictum Parliamentum nostrum usque 25 diem hujus instantis Mensis Januarij duximus prorogand ' it a quod nec vos nec aliquis vestrum ad dictum 23. diem Januarij apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitùs exonerari Mandantès tenore presentium firmiter injungendo precipientes vobis Cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum 25. diem Januarij apud praedictam Civitatem Westmonasterij personalitèr compareatis intersitis quilibet vestrum compareat intersit ad tractand ' faciend ' agend ' concludend ' super his quae in dicto Parliamento nestro de Communi concilio dicti Regni nostri savente domino contigerit ordinari Teste me ipsa apud Westmonasterium 21. Januarij Anno Regni nostri primo This day also although the Parliament begun not nor any Peers sate in the Upper House but the Lord Keeper and some others of either house met only in the Parliament Chamber to Prorogue the Parliament until the 25th day of this instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did Constitute others of the said Upper House to give their voices for them And because no Lord could be absent without Licence from her Majesty first obtained during this Parliament it will not be impertinent amongst other matters of Course to set down the form of the said Licenses which were as followeth RIght Trusty and Wel-beloved We Greet you well Whereas we are informed that by reason of Sickness you are not able to make your repair hither to this our Sessions of Parliament to be holden at Westminster We have thought good by these our Letters to dispense with you for your absence and do License you to remain still at home for this time So nevertheless that you send up your Proxie to some such Personage as may for you and in your name give his voice assent or denial to such matters as shall be Treated and Concluded upon in our said Parliament and these our Letters Patents shall be your Warrant in this behalf Given under our Signet at our Palace at Westminster the first day of January in the first year of our Reign Upon the obtaining and receipt of this aforesaid Licence from her Majesty granted to every absent Lord in particular they sent their several Proxies of which the first that was returned this day was the Proxie of
order as they be here set down in the aforesaid Journal Book to have been returned on Saturday the 4th day of February The Proxies also of Edward Earl of Derby John Earl of Oxford Henry Lord Strange Thomas Viscount Howard of Bindon and Henry Lord Morley by which the said Earl of Bedford was Constituted their sole or joynt Proctor are entred in the same order they are Transcribed in the before mentioned Original Journal Book to have been returned on Saturday the 18th day of March ensuing And lastly the said Earl of Bedford was Constituted the joynt Proctor with Edward Lord Clinton Lord Admiral of Oliver Lord St. John of Bletto whose Letters Procuratory are entred to have been returned on Tuesday the 4th day of April ensuing Edward Lord Clinton Lord Admiral was Constituted the sole Proctor of William Lord Burgh Edward Lord Windsor and William Lord Euers whose Proxies are entred at the beginning of the Original Journal Book of this Parliament to have been returned on this Monday the 23th day of this January He was also Constituted the joynt Proctor of William Lord Grey of Wilton whose Proxie is entred as aforesaid to have been returned on Saturday the 4th day of February ensuing the Proxie also of Francis Earl of Huntington is entred as before to have been returned on Saturday the 18th day of March following by which he Constituted the said Lord Clinton his joynt Proctor with Henry Lord Hastings And for the Proxie of John Lord Darcie of Darcie entred there as before to have been returned on this day likewise he is Constituted his sole Proctor And lastly the said Lord Clinton Lord Admiral was Constituted the sole or joynt Proctor of William Lord Willoughby of Parham Edward Lord Hastings of Louthbury and of Oliver Lord St. John of Blestoe whose Proxies are entred to have been returned on Tuesday the 4th day of April ensuing By these three foregoing Presidents it doth plainly appear as also from all other Presidents of former and latter times that any Member of the Upper House by the ancient usage and Custom of the same is capable of as many Proxies as shall be directed unto him although there were an Order made in the said House to the contrary upon the day of Anno Regis Caroli An. Dom. 1626. That no Lord cr Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said order was occasioned in respect that George Duke of Bucks both the favorite of the King deceased and of King Charles now Reigning this present year 1630 did to strengthen himself by voices not only procure divers persons to be made Members of that House but also ingrossed to himself near upon 20. several Proxies And now if this doubt or conceipt should arise in any mans mind that therefore the Lords have a greater Priviledge than the Members of the House of Commons because they can appoint others to serve in and supply their places in their absence which the Commons cannot they are much deceived and mistaken for it is plain that the chief end of a Proxie is that the Upper House may have all its Members either in person or by representation and therefore the Lords Spiritual and Temporal who are Summoned thither in their own right have anciently had and still do retain the liberty of Constituting their Procurators whereas every Member of the House of Commons appeareth and doth serve in the right of that County City Burrough and Port for which he is Elected and Chosen which being a Trust and Confidence reposed in them can be no more transferred from him to a third person than can the Proxie of the Lords be from him to whom it is directed if he shall be absent likewise and therefore if any Knight Citizen Burgess or Baron after he is Elected and returned shall before the meeting of the House be disabled by Sickness Attainder or other Cause from serving in the same then presently order is given from the House to the Clerk of the Crown for the sending thither a second Writ for a new Election so that the said House may not remain without any Member that appertains unto it And this I conceive Tantamount unto a Proxie which cannot be granted but when the absence of the Lord that sends it is perpetual during that whole Parliament or Session for which he Constitutes one or more Proctors for if he repair to the Upper House any time after and serve in Person his Proxie is presently void On Wednesday the 25th day of Ian. the Parliament was held according to the last Prorogation thereof on Monday the 23th day of this instant Ianuary foregoing and therefore this day is to be reckoned the first day of the Parliament and it was the error of Seimour Esq at this time Clerk of the House of Commons that in the Original Journal Book of the same House fol. 186. a. he accounteth and setteth down the Parliament to have begun on the aforesaid 23th day of Ianuary when it was only prorogued by which he would make that to be the first day thereof True it is that Anciently if the Parliament had been Prorogued on that day to which the Summons thereof had referred in the beginning of it they were so far from accounting that day the first of the ensuing Parliaments that new Writs of Summons were thereupon sent forth and a new day appointed for the beginning thereof as appears in the Parliament Rolls Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij A. 11. Edw. 2. die 3. Martij But yet it hath been the constant usage most Anciently and doth doubtless hold at this day also that if the King do come in Person to the Parliament on that day to which the Writs of Summons do refer and there cause it to be referred to another day in his own presence then shall that day be accounted the first day of the Parliament of which there are many Presidents also in the Parliament Rolls still remaining in the Tower of London prout in A. 6. Edw. 3. Octobris Sti ' Hillarij A. 14. Edw. 3. tempore Quadragessimi A. 15. Edw. 3. Quindena Paschae and of divers other Parliaments in his time and in the time of King R. 2. his Successor And thus also the last day of the Parliament or of any particular Session is counted to be that on which the Royal assent is given to one or more Acts of Parliament yet if that Parliament or Sessions be adjourned to another day on which the Sovereign doth again come in Person and cause it to be dissolved or further Prorogued then that latter day is to be accounted the last day thereof of which there is one only President during all the Reign of Queen Eliz ' viz. in the Original Journal Book A. 18. Dictae Reginae on Thursday the 15th day of March. The
second time and Ordered to be ingrossed On Saturday the 11th day of February two Bills of no great Moment had each of them their third reading and were sent unto the House of Commons by Mr. Solicitor and Mr. Lewis of which the first was the Bill for explanation of the Statute of Seditious words and rumours Two Bills were brought up to the Lords from the House of Commons by Mr. Treasurer and others viz. The Bill of a Subsidy granted to the Queen's Majesty by the Temporalty and the Bill of a Subsidy of Tonnage and Poundage The said Mr. Treasurer being the Principal 〈◊〉 accompanied with divers other Members of the House of Commons came in the first rank of them to the Rail or Bar at the lower end of the Upper House and after three Congies made declared unto their Lordships That the Knights Citizens and Burgesses of the House of Commons had sent unto them two Bills of which he read the Titles and then Sir Nicholas Bacon Lord Keeper rising srom his seat came down to the Bar to receive them to whom the aforesaid Mr. Treasurer did in all humble manner deliver them and thereupon with the residue of his Company having made other three Congies departed On Monday the 13th of February the Bill for one Subsidy and two Fifteens and Tenths granted by the Temporalty was Read prima vice and Committed or rather reserr'd to the Queen's Attorny and Solicitor of which see a like improper Commitment on Saturday the 10th day of this Instant February foregoing in fine diei The Bill also of a Subsidy of Tonnage and Poundage was Read the second time but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed and the Reason thereof was that this Bill had pass'd the House of Commons and was sent up unto the Lords on Saturday the 10th day of this instant February foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great Cause in respect that each House holding Correspondency with other they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the Wisdom of the whole House A second reason that sometimes a Bill may neither be reserred to Committees nor Ordered to be ingrossed upon second reading although it hath not Passed the House of Commons may be because Bills of Grace viz. for the Restitution of Blood of Naturalization and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand which for the most part do pass the House without any Stop or Question A third and last reason thereof may be when the Lords defer the Committing or ingrossing of any Bill unto some other time as sell out in the Bill touching the Commission of Sewers in A. 13. Regin Eliz. which was Read secunda vice on Fryday the 20th day of April and referred to Committees on the day following although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House The Bill lastly whereby the Queen's Majesty was restored in Blood to the Late Queen Ann her Highnesse's Mother was read tertia vice Communi omnium procerum assensu conclus Custos magni Sigilli continuavit presens Parliamentum usque in diem Mercurij prox ' hora nona On Wednesday the 15th day of February The Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed vid. Consimil on Monday the 13th day of this instant February foregoing The Inhabitants of the Shires of Wales and County Palatine of Chester who are Charged as well with Mises as divers Subsidies now immediately due made Petition to the Lords to be respited and to have longer day for the payment thereof whereupon it was thought good by the Lords that the Queen's Majesty should be moved therein by the Lord Keeper of the Great Seal who having knowledge of her Will and Pleasure in that behalf signified the same unto the Lords according to which and for more Corroboration thereof it was in her Highnesse's name commanded that an Entry thereof should be made as followeth It is Ordered and Decreed by the Queen's Highness and assented unto by the Lords that in that year in which our Sovereign Lady the Queen's Highness shall award her Commission for the assessing and payment of any her Majesties Subsidies now due or by the Authority of this present Parliament to be due the Shires of Wales and Counties Palatine of Chester chargeable with the payment of the same and every of them shall not be charged or chargeable with the payment of the Mises now due to her Majesty nor in that year in which her Highness shall have payment of the said Mises the said Subsidies or any of them shall be paid by any the said Shires or County Palatine aforesaid Custos Magni Sigilli continuavit presens Parliamentum usque in diem Jovis prox ' bora nona On Thursday the 16th day of February the Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty being read tertia vice and by common consent concluded with certain Amendments to be inserted was delivered to Mr. Attorny and Mr. Vaughan to be carried to the House of Commons In which Bills sending down because both the manner of writing the said Amendments and the Subscription of the Lords under them do differ from all ordinary Proceedings if the Bill had Passed the Upper House without such Amendments therefore I have thought good to add the whole manner and form thereof according to a like President in the Original Journal Book of the House of Commons An. 39. 40. Regin Eliz. Decemb. 20th Tuesday although there be not mention there made in the Original Journal Book of the Upper House on this foresaid present Thursday the 16th day of February But because it is difficult to conjecture the Express manner of the Lords proceedings at this time therefore I can only apply the imitation of that President to this present occasion by probability The Lords having added certain Amendments to the Bill of Subsidy which had formerly Passed the House of Commons and been sent up from thence to their Lordships ingrossed in Parchment and so remained still the Bill of the same House did cause the said Amendments to be written in Paper and annexed them to the Bill shewing the Line and the place of the Line in the Bill where such words or Amendments should be put in and where any other former words in the Bill should be put out And then their Lordships subscribed or indorsed under the Superscription or indorsment of the House of Commons in the same Bill à Ceste Bille avecque les amendments à mesme le Bille annexe les
appears in the Journal ensuing in an eodem 27 Regin Eliz. So also in the Parliament de an 31 Regin Eliz. Feb. 21. Friday M r Saint Pole served as one of the Knights for the County of Lincoln being also Sheriff of the same Shire And lastly in the Parliament de an 43 44 Regin Eliz. Decemb. 2. Wednesday Peter Frechevile Esq was returned one of the Knights for the County of Darby being afterwards appointed Sheriff of the same County as was also Robert Lhuyde Esq constituted Sheriff of the County of Merioneth in Wales having been formerly returned Knight for the said Shire as appeareth in the Journal of the same Parliament on Tuesday the 8 th of Decemb. In and by all which Presidents it doth appear and may probably be gathered that neither her Majesty nor the House of Commons did conceive these two places to be incompetible but that they might well stand and be in one and the same man at one and the same time For her Majesty did first make these foregoing persons Sheriffs of the several Counties aforesaid not only after they were chosen but returned also Members of the House of Commons by which it is very plain she could not be ignorant of it and therefore her self and the said House did both allow of their being made Sheriffs as a thing well agreeing with the Priviledge of their former places and the service of that House and did not therefore give them a final discharge but only Liberty of recess about their necessary affairs into the several Counties before-mentioned as in the Case of Sickness or some other temporary cause of their absenting themselves from the House which being expedited they might return again to that service for doubtless if the said House had conceived that they had been disabled from their serving there by their new Offices it would have been ordered that a Warrant should have been sent to the Clerk of the Crown to have sent down a new Writ into the foresaid Counties for a new Election to have been made as in the Case of double Returns Death or the like is used And whereas in the Parliament de an 43 44 Regin Eliz. on Wednesday the 4 th day of November Sir Andrew Nowell being both Sheriff and Knight for the County of Rutland was wholly discharged and a Writ sent out de novo for a new Election That Case differed from all the foregoing Presidents and might well upon another reason be ordered by the House For the said Sir Andrew being Sheriff of the foresaid County of Rutland was afterwards Elected one of the Knights for the same and so compelled to return himself which could not be good in Law But if the said Sir Andrew had been chosen a Knight of some other Shire during his Sheriffalty or had been constituted Sheriff by her Majesty of the said County after he had been Elected and returned a Member of the House of Commons the Case had doubtless differed and the House would never have given Order for a new Writ to have been sent forth which course they observed in the two before-cited Presidents of M r Frechevile and Mr Lhuyde in the same Parliament Thirdly if these two places should not be competible then had it now lain in the Power of her Majesty or may lie in the power of any Soveraign of this Kingdom to have disabled as many Members from serving in the House of Commons as she should or could have constituted Sheriff She might have disfurnished or any Soveraign for the time being may disfurnish the said House at any time of all or the greater part of the ablest Members thereof Nota also That those words viz. Duos Milites Gladiis cinctos were inserted into the Writ of Summons after the Parliament an 13 E. 3. as may be gathered by the Parliament Roll of the same Year And whereas some have objected in the foregoing Case to prove that a Sheriff ought always to be attendant upon the affairs of the County and cannot therefore be a Member of the House of Commons the Objection is idle for till the tenth year of Queen Eliz. the Counties of Nottingham and Derby and of Warwick and Leicester had but two several Sheriffs as were also the Counties of Norfolk and Suffolk served with one Sheriff until the eighteenth Year of her Majesties Reign and so are the Counties of Sussex and Surrey served this present Year 1630. And antiently also as is plain by that MS. Catalogue of all the Sheriffs of England or the most part since the time of King H. 2. which is in many mens hands divers Counties were committed to one man as in an 1 H. 2. Richard Bassett and Awbrey de Vere were jointly constituted for Sheriffs of the several Counties of Norfolk Suffolk Northampton Essex Huntington Cambridge and Hartford and Robert Caran joined unto them for the Counties of Bedford and Buckingham From the Female Coheirs of the foresaid Richard Bassett being the Ancestor of the House of Weldon in Northamptonshire are lineally and undoubtedly descended the Families of Chaworth Stafford Knyvet Clinton Earl of Lincoln the Howards of the House of Suffolk and Clopton late of Kentwell in the County aforesaid and from the before-mentioned Awbrey de Vere is lineally descended as I take it Robert de Vere the nineteenth Earl of Oxford now living An. Dom. 1630. Upon the receit of the before-mentioned Writ and Election made accordingly the Sheriffs of every Shire made their several Returns of which the Form being set down in the old Book of Entries it shall be needless here to insert them But now having supply'd these matters of Form according to the usual Presidents the next passages follow out of the Original Journal-Book of the House of Commons On Wednesday the 23 th of Jan. Anno Regni Regin Eliz. Primo The Parliament should have begun according to the Writs of Summons but by the Queens Commission directed to Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England the Lord Treasurer and others to Prorogue the same until Wednesday the 25 th day of the same Month it was so done accordingly On Wednesday the 25 th day of Jan. The Parliament held and began according to the last Prorogation thereof but there is no mention made in the Original Journal-Book of the House of Commons where or by whom the Names of the Knights Citizens and Burgesses of the said House were called that so it might be seen who were present But most certain it is that at this day they took no Oath before the beginning of this present Parliament because that of Supremacy which was afterwards taken was not enjoyned by Statute till this first year of her Majesty But most likely it is that Hen. Fitz-Alan Earl of Arundell at this time Lord Steward of her Majesties Houshold did both cause their names to be called in some place near the Upper House and their Appearance to be Recorded before her
of Recording such presence in all the Original Journal-Books of the Upper House both of former and latter times which is so obvious to every mans curiosity that will search that it needs no further dilating Pr. Nicolaus Bacon Miles Dominus Custos magni Sigilli Pr. Marchio Winton Thesaurarius Angliae Pr. Dux Norfolciae Comes Mareschallus Angliae Pr. Marchio Northampton Pr. Comes Arundell Seneschallus Hospitii Dominae Reginae Pr. Comes Northumbriae Comes Westmoreland Pr. Comes Salop. Pr. Comes Darbiae Pr. Comes Wigorn. Pr. Comes Rutland Comes Cumberland Comes Sussex Pr. Comes Huntington Comes Bathon Pr. Comes Bedford Pr. Comes Pembrooke Pr. Vice-Comes Hereford Pr. Vice-Comes Mountague Vice-Comes Howard de Bindon In the next and second Rank after the Spiritual Lords are the names of the Lord Keepers and of all other Temporal Lords entred above the degree of Barons and the reason why the names of the Spiritual Lords are thus entred before the Lord Keepers and all other Temporal Lords although divers of them enjoy likewise the great Offices of the Kingdom is not because they have all precedence of them but either in respect that the Archbishop of Canterbury when there is one is the first Peer of the Realm and so one of the rank with whom they sit in the Upper House and therefore ought to be ranked with him or else in respect of their Ecclesiastical Dignities which are preferred before the Temporal as the Church is before the Common-Wealth Pr. Dominus Clinton Admirallus Angliae Pr. Dominus Howard de Effingham Camerarius Dominae Reginae Pr. Dominus Burgavenny Dominus Audley Pr. Dominus Strange Dominus Zouch Pr. Dominus Barkeley Pr. Dominus Morley Pr. Dominus Dacres Pr. Dominus Dacres de Gillesland Pr. Dominus Cobham Dominus Stafford Dominus Grey de Wilton Pr. Dominus Scroope Dominus Dudley Pr. Dominus Lumley Dominus Montery Dominus Ogle Pr. Dominus Darcie Pr. Dominus Mountegle Dominus Sandes Pr. Dominus Vauxe Pr. Dominus Windsor Pr. Dominus Wentworth Pr. Dominus Mordant Pr. Dominus St. John Pr. Dominus Cromwell Pr. Dominus Evers Dominus Wharton Dominus Riche Pr. Dominus Willoughbye Pr. Dominus Sheffield Dominus Pagett Pr. Dominus Darcie de Chiche Dominus North. Pr. Dominus Chandos Pr. Dominus Haistings de Loughborough Pr. Dominus Cary de Hunsedon Pr. Dominus St. John de Bletsoe In this third and last rank are placed the Barons names of which the two first precede in respect of their Offices the rest follow according to their several rights The presence of the Lords being thus transcribed out of the Original Journal-Book of the Upper House there is nothing worthy the further observation therein but only that the Abbot of Westminster who sat all the last Parliament is not here at all mentioned and the reason was because himself with five other Abbots and Abbesses and many other of the Popish Clergy were deprived of their Ecclesiastical Promotions in An. Dom. 1559. at the end of the last Parliament And now in the next place follows the manner of the Presentment of the Speaker with his several Speeches and the Lord Keepers Answers at large out of a Memorial thereof I had by me which I conceive for the most part to be the very Autography or Original Copy thereof taken by the hand of some industrious Member of one of the Houses or at least some other Hearer at this time present in the Upper House It being set down in a hand at that time and full of interlinings and amendments The Queens Majesty being set under her Cloth of Estate and the Lords having placed themselves according to their several Ranks in their Parliament Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repairing to the Upper House with Thomas Williams Esq their Speaker Elect were as many of them as conveniently could let in and the Speaker was led up unto the Bar or Rail at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill Knight her said Majesties Principal Secretary all of them making in their proceeding up thither three Obeysances and the said Speaker being placed there after he had made three other like Obeysances began as followeth RIght Excellent and most Vertuous Prince our Renowned and Dread Soveraign Lady on Tuesday last it pleased your Highness by the Mouth of the Right Honourable the Lord Keeper of the Great Seal for the more ease of the nether House of this Parliament to Command them to go and Assemble themselves and to Elect one being wise discreet and learned to be their Speaker who after a Consultation had with one Voice did Elect me being indeed insufficient as by and for divers Causes I did then to them declare Howbeit whether it were that they being so many wise men together at the Electing of me and therefore would not seem to speak against their own Election or for what other cause I know not but they refused my denial and stood to their said Choice and now present me here to be at your Graces Appointment I therefore knowing my own imbecillity and yet not arrogantly refusing the same as one amongst the Romans chosen from the Plough to a place of Estimation and after to the Plough again even so I a Countryman sit for the same and not for this place most humbly desire your Majesty to discharge me hereof and to appoint some other more able and I as I am bounden will not only pray for your Highness but also serve your Highness and my Country to my power in the place of a Citizen whereunto first I was Elect and appointed Then the Queen Called the Lord Keeper to her declaring to him her Opinion for the Answering of him whereupon he returned to his place and Answered as followeth M r Williams The Queens Majesty hath well heard and pondered your Speech and doth well perceive your modest and humble manner in the disabling your self to that place whereunto her well-beloved Subjects have Elected and Chosen you and now accordingly presented you and hath also heard your Suit for discharge of the said Room and for Answer she hath Commanded me to declare unto you that she commendeth well your modest and humble manner in so disabling your self knowing that Judgment appertaineth to the Caller and not to the party Called And forasmuch as her Majesty is credibly informed as well of your knowledge and experience in other Parliaments as in other great and weighty matters she thinketh now therefore she cannot disable you without some peril to the Realm and the rather for that the wise Knights Citizens and Burgesses have nominated and Chosen you she cannot grant your Petition And besides that your modest Order in disabling your self doth right well declare your ability to furnish the place for which cause the doth allow this Election and Presentation made of you not doubting your care to be such but
and Declaration of her next Successor in default of the Issue of her own Body Which having been moved in the first Session of this Parliament in An. 5 Regin Eliz. and been then well accepted by her Majesty gave her now much distast being again too earnestly and plainly pressed by them as her Highness did fully intimate upon the last day of this present Session before the Dissolution thereof in which also it is to be noted that Seymour Eque being still Clerk of the House of Commons although this were the last Parliament in which he served the passages thereof are recorded in the Original Journal-Book of the said House far more imperfectly and briefly than in the ensuing Parliaments of her Majesties Reign when Fulk On slow Esq succeeded him in the said place There were finally between that Session in An. 5 Regin Eliz. and this now following in An. 8 Regin ejusdem six several Prorogations of which the first was had on Saturday the 10 th day of April in the Afternoon when the said first Session in the fifth Year of her Majesty ended and by it the said Parliament was Prorogued unto the second day of October next ensuing and on the said second day of October in respect that the Plague and Pestilence was very rife in London and Westminster it was further Prorogued unto the fifth day of October which should happen to be in the Year of our Lord 1564. which fell out to be in An. 6 Regin Eliz. and on the said fifth day of October in Anno praedicto it was further Prorogued unto the 30 th day of April next ensuing which fell out to be in Anno 7 Regin Eliz. An. Dom. 1565. And on the 30 th day of April in Anno praedicto it was further Prorogued unto the 4 th day of October then next ensuing which fell out to be in the same Year And on the said 4 th day of October in Anno praedicto it was again Prorogued unto the 7 th day of Feb. next ensuing which fell out to be in the eighth Year of her Majesties Reign And on the 7 th day of February in Anno praedicto it was lastly Prorogued unto the 30 th day of September being Monday in Anno supra memorato Regin Eliz. Annoque Dom. 1566. in which it is to be noted that Thomas Williams Esq the Speaker of the said House of Commons in the first Session of this Parliament in Anno 5 Regin Eliz. was not present at any of the said five Prorogations except at the first only as is specially set down in the Original Journal-Book of that House de An. isto 5 Eliz. praesato although it should seem he were then living and died not until after the said fifth Prorogation and before the said sixth and last after which this present Session in An. 8 Regin Eliz. began on the foresaid 30 th day of September in manner and form following On Monday the 30 th and last day of September this Session of Parliament in An. 8 Reginae Eliz. held according to the sixth Prorogation thereof on the 7 th day of February foregoing whereupon both the Lords and Commons did each of them assemble and meet in their several Houses as at any other ordinary time without Pomp or Solemnity this being as hath been observed no new Parliament but only the last Session of that Parliament which had been first begun at Westminster on Tuesday the 12 th day of January in An. 5 Regin Eliz. Anno Dom. 1563. and continued by many several Prorogations unto this present Monday being the last day of September as aforesaid But as soon as the Knights Citizens and Burgesses had Assembled themselves in the House of Commons and neither unmindful of the weighty Charge committed unto them nor letting slip the opportunity of the time offered had begun to make entry as it were to treat of that they had in hand they immediately found their defect and want of their Mouth and Speaker Thomas William Esq lately from them by Death bereft which was there openly and manifestly made known unto them by Sir Edward Rogers Knight Comptroller of her Majesties Houshold For remedy of which defect they fell to Consultation what was most meet to be done in that so needful unexpected and unexperimented Cause In which Deliberation it was thought good and wholly agreed upon that the said Sir Edward Rogers Knight a chief Member of that Assembly and Fellowship accompanied with Sir Francis Knolles Knight her Highness Vice-Chamberlain Sir William Cecill Knight her Majesties Chief Secretary Sir Ambrose Cave K t Chancellor of her Highness Dutchy of Lancaster four chief Members of that Assembly and Fellowship and divers others to the number of twelve persons should as sent from and with the mind of the whole House make their relation of this so happened unto the Lord Keeper of the Great Seal and unto all the foresaid Lords at that time likewise being in their Court in mindful attendance to their Charge And therewith also in humble wise should request them to have their Aid and Conjunction both for the intimation of the matter unto the Queens Highness and also for knowledge of her Gracious good Pleasure and Will therein all which matter and Petition the said M r Comptroller assisted with the Personages and Company as aforesaid appointed did in comely order and discreet modesty make manifest and known unto the said Lords After which the Lord Keeper first requiring the said Personages a while to withdraw themselves then commended the Order of the matter unto the said Lords sitting in Consultation for the same by whom upon considered advice therein had it was by them all thought seeming to signifie unto the said Commons by the Personages aforesaid sent that they thought it expedient and good the said Lord Keeper the Lord Treasurer of England the Duke his Grace of Norsolk and the Lord Marquess of Northampton Accompanied with the four before-recited Personages of the said Commons House being all of her Highness most Honourable Privy-Council should in the name of both the Assemblies with all humbleness and due celerity make intimation of their said Estate and the Petition thereupon depending unto her said Highness To which advice the said Commons upon knowledge had of the same wholly assented And then it was agreed that the House should meet again on the Morrow following at nine of the Clock On Tuesday the first day of October the Knights Citizens Burgesses and Barons of the House of Commons being Assembled together in their own House about nine of the Clock in the Forenoon report was made unto them by Sir Edward Rogers Knight Comptroller of her Majesties Houshold as is most probable in respect that he was the Chief Privy-Councellor of the House that her Majesty had been moved according to the former Order for her Licence to chuse a Speaker and that they should receive Answer thereof this day in the Upper House and thereupon as soon as they
the Speaker were in part transcribed out of the Original Journal-Book of the House of Commons and in part out of a certain Anonymous Memorial I had by me containing the foresaid matters at large in both which it doth appear directly that the said Richard Onslow Esq her Majesties Sollicitor General now Speaker of the said House did contrary to all former and latter Presidents only Petition her Majesty in behalf of the House for free access and did very ignorantly omit or carelesly forget to mention those two other antient and undoubted Priviledges of the same House viz. Liberty of Speech and Freedom from Arrests for themselves and Followers or else perhaps he thought and conceived that those said rights of the House were so evident and unquestionable as they needed no further Confirmation And doubtless whatsoever the said M r Onslow conceived yet the Event at this Session of Parliament notwithstanding his omission made it most clear for those two great businesses of her Majesties Marriage and declaring a Succeslor coming into agitation at this time M r Mounson M r Bell M r Paul Wentworth and others used so great Liberty of Speech as I conceive was never used in any Parliament or Session of Parliament before or since Nor were they any less zealous to maintain and preserve that their other priviledge of freedom from Arrests omitted likewise by the said M r Onslow when occasion was offered than at any other time A motion sinally was made this day by Sir William Cecil her Majesties Principal Secretary that one Hen. Green Burgess for Hereford was come up to attend and that the Plague was in the said Town at his coming away and thereupon it was Ordered by the House that he should not come thither but have Licence to depart It was Ordered that the House should be called upon Friday next This day M r Speaker took the Oath which I conceive was the Oath of Supremacy in such form and manner as other Members of the House have it administred unto them saving only that he takes it in the presence of the House On Thursday the third day of October were divers Arguments made touching the Oath which the new Burgesses Elected in such places as were void since the last Session in An. 5 Regin Eliz. should take being as I conceive the same Oath of Supremacy which the other Burgesses had taken at the beginning of the foresaid Session in the fifth year of her Majesty And at last it was fully resolved by the said House that they should take the said Oath accordingly And M r Comptroller of her Majesties Houshold was appointed to Minister the said Oath unto them Ut vide in die Veneris jam proximè sequente vide Oct ob 8. Tuesday postea This day the Clerk of the House and Serjeant at Arms took the Oath which was doubtless that of Supremacy but how this should happen that the Clerk of the House should take the same I cannot guess For he being an Officer for Life taketh the same only at his first coming into the said place and never after And at this Session of Parliament ..... Seymor Esq continued in that place which he had held many years before and the first Parliament in which Fulk Onslow Esq his Successor did serve was in the next following in Anno 13 Regin Eliz. M r Thomas Broomly being Elected both a Burgess for the Borough of Guildford in the County of Surrey and one of the Knights for London upon his Election to stand for Guildford it was resolved by the House that a new Writ should go out for the Choice of another Knight to be returned for London The long Bill touching Informations with costs for the Defendant was read the first time and the Bill touching Sanctuaries was read the second time and committed as it seemeth to M r Recorder and others On Friday the 4 th day of October the Bill for Answering the Queens Majesties Revenues in the hands of Receivers was read the first time Sir Francis Knolles her Majesties Vice-Chamberlain declared unto the House that the Deputy to the Lord Steward by the Constitution of the Queens Majesties Houshold is taken to be M r Treasurer or M r Comptroller and the Oath to be taken before one of them and that the Queens Majesty hath appointed Sir Edward Rogers Knight her said Comptroller to take the Oath at this time usually accustomed to be administred of the Knights and Burgesses as Lord Steward for that purpose Nota That there being at this time no Lord Steward of her Majesties Houshold it is here said which is worthy much observation that by the constitutions of the Queens Houshold when there is no Lord Steward the Treasurer or Comptroller of her said Houshold are taken to be of common usage and course his Deputy to all intents and purposes Nota also That none of the Knights or Burgesses which had been present at the first Session of this Parliament in an 5 Regin Eliz. and had then taken the Oath of Supremacy did now take it again but only such of them who had been newly Elected and returned for places void since the ending of the said first Session as see more at large on Tuesday the 8 th day of this instant October following The House was appointed to be called on Monday next at eight of the Clock The Bill touching informations upon penal Statutes with costs for the Defendants was read the second time and committed as it seemeth to Sir Nicholas Throgmorton and others On Saturday the 5 th day of October the Bill for Answering the Queens Majesties Revenues in the hands of Receivers was read the second time and committed as it seemeth to M r Vice-Chamberlain and others The new Bill also to avoid Sanctuaries for Debt was read the first time And lastly The long Bill of Apparel as well for temporal men as spiritual and also for Women was read the first time and was thereupon as it should seem committed unto M r Comptroller and others to consider of it On Monday the 7 th day of October the new Bill to avoid Sanctuaries for Debt was read the second time and Ordered to be ingrossed After which upon Allegations made for the exemption of the Sanctuary of Westminster by the Dean thereof a day was given unto him on Friday next at nine of the Clock to attend in the House with his Learned Councel to shew cause why the said Sanctuary should be exempted Vide also touching this matter on Wednesday the 16 th day of this instant October Christopher Haies a Merchant of London made suit to come into the House to put them in remembrance of some matters of weight and being heard thanks were given him for his Motion but what the said Motion was through the Clerks great negligence is wholly omitted neither is it possible to gather by the Journal-Book it self to what end it tended although it may not improbably be conjectured that it was touching
Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
and Authorize the said Sir Francis Knolles Sir James Crofts Sir Ralph Sadler Sir Walter Mildmay and Sir Thomas Smith Knights to be his Deputies for and in the ministring of the Oath to all and singular the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of the Ports returned and to be returned for that present Parliament according to the form of the Statute in that behalf then lately made and provided And immediately thereupon the faid Lord Steward and his Deputies did then and there Minister the said Oath to all such of the said Knights Citizens Burgesses and Barons as were then present accordingly Which done the Sermon ended and the Queens Majesty sat in her Royal Seat in the Upper House of Parliament the Commons standing at the lower end of the Chamber the Lord Keeper of the Great Seal of England learnedly and briefly declared the Causes of Calling the said Parliament and so in the end willed them to repair into their House and there after their accustomed manner to chuse of themselves an apt and fit man to be their Speaker and to present him to the Queens Majesty on the Wednesday next following in the Afternoon Whereupon the said Commons immediately resorted to their Common House and being there Assembled the Right Worshipful M r Christopher Wray Esq one of the Queens Majesties Serjeants at Law was by the first motion and nomination of the said M r Treasurer with one voice of the said whole House Chosen to be Speaker and placed in the Chair notwithstanding his Allegations of disabling himself and humble request for their proceeding to a new Election On Wednesday the 4 th day of April in the Afternoon Christopher Wray Esquire one of the Queens Majesties Serjeants at Law the Speaker Elect of the House of Commons was presented unto her Highness who sitting in her Royal Seat and allowing and affirming the Election after his Oration made and ordinary Petitions granted the said Lord Keeper willed him with the residue to repair to the House of Commons there to deliberate and consult upon the making of such good and wholesome Laws as might tend to the advancement of Gods Glory and preservation and safety of the Queens Majesty and the Common-Wealth of this Realm of England And thereupon the said M r Speaker and the Knights Citizens and Burgesses of the House of Commons returned back unto their own House and being there sat one Bill according to the usual Course had its first reading which was The Bill concerning coming to Church and receiving the Communion It was this day finally agreed upon the Motion of M r Speaker that the Letany should be read every day in the House during this Parliament as in the last was used and also a Prayer by M r Speaker such as he should think fittest for this time to be begun every day at half an hour after eight of the Clock in the Morning and that each one of this House then making default should forfeit every time four pence to the poor Mans Box. On Thursday the 5 th day of April Thomas Clark and Anthony Bull of the Inner-Temple London Gentlemen were by this House committed to the Serjeants Ward until further order should be taken with them for that they presumed to enter into this House and were no Members of the same as themselves at the Bar confessed This day the House was called and thereupon Edward Lewkenor John Bullock Nicholas Plumtree Edward Goodwyn and John Garnons were Commanded to attend the order of this House to Morrow next for that the House being this day called they had entred into the House and had not as them been returned by the Clerk of the Crown except Garnons whose Case is for that he is said to be Excommunicate On Friday the 6 th day of April It was Ordered that the Burgesses for Estringsted shall remain according to the return This day M r Treasurer M r Serjeant Manwood Geffrie and Lovelace M r Feltman M r Bell and M r Mounson were appointed to confer with M r Attorney and M r Sollicitor about the return of the Burgesses following for that the same Towns returned no Burgesses the last Parliament viz. Cornwall the Boroughs of Estlow Fowley Gloucestershire the Borough of Chichester Nottinghamshire the Borough of Easiretford Kent the Borough of Queenborough Oxfordshire the Borough of Woodstock Hampshire the Borough of Christ-Church Suffolk the Boroughs of Aldburgh Eye And to meet to Morrow in the Afternoon at three of the Clock in M r Treasurers Chamber at the Court. Nota That these ensuing Speeches are taken out of the before-mentioned Anonymous Journal M r Strickland a grave and ancient Man of Great Zeal stood up and made a long Discourse tending to the remembrance of Gods Goodness giving unto us the light of his Word together with the gracious disposition of her Majesty by whom as by his Instrument God hath wrought so great things and blaming our slackness and carelesness in not esteeming and following the time and blessing offered but still as men not sufficiently instructed what is truth or so that we think it not convenient to publish and profess it openly and that all reproachful Speeches of the slanderous might be stopped the draw-backs brought forward and the Over-runners such as over-run and exceed the rule of the Law reduced to a certainty he thought it Operae pretium to be occupied therein for which purpose he said the Professors of the Gospel in other Nations had writ and published to the World the Confession of their Faith as did those of Strasburgh and Franckford c. for which purpose also great Learned men in this Realm had travelled as Peter Martyr Paulus Fagius and others whose works hereupon were Extant And before this time and offer thereof was made in Parliament that it might be approved but either the slackness or somewhat else of some men in that time was the lett thereof or what else he said he would not say This Book he said rested in the Custody of M r Norton as he guessed a man neither ill disposed to Religion nor a negligent Keeper of such matters of Charge and thereupon requested that M r Norton might be required to produce the same he added also that after so many Years as now by Gods Providence we had been learning the purity of Gods truth we should not permit for any cause of Policy or other pretence any errors in matters of Doctrine to continue amongst us And therefore said he although the Book of Common-Prayer is God be praised drawn very near to the sincerity of the truth yet are there some things inserted more superstitious than in so high matters be tolerable as namely in the Administration of the Sacrament of Baptism the sign of the Cross to be made with some Ceremonies and such other Errors all which he said might well be changed without note of chopping or changing of Religion whereby the Enemies might slander us
before it should be required which Speech was not liked of by the House Sir Francis Knolles made a long needless discourse concerning the Subsidy M r Bell said that a Subsidy was by every good Subject to be yielded unto but for that the People were galled by two means it would hardly be levied namely by Licences and the abuse of Promoters for which if remedy were provided then would the Subsidy be paid willingly which he proved for that by Licences a few only were enriched and the multitude impoverished and added that if a burden should be laid on the back of the Commons and no redress of the common evils then there might happily ensue that they would lay down the burden in the midst of the way and turn to the contrary of their Duty M r Popham affirmed M r Bells Speech and added to the former abuses that of the Treasurers of the Crown who having in their hands great Masses of Money with the which either they themselves or some Friends of theirs do purchase Lands to their own use and after become Bankrupts and so cause or practise an enstalment of their Debts as of late some one hath installed a Debt of thirty thousand pounds which occasioned the lack in the Princes Coffers M r Serjeant Lovelace argued that every Loyal Subject ought to yield to the relief of the Prince and that without any condition or limitation notwithstanding he did not dislike of the former motions and thought it very requisite that these evils might be provided for to the ends aforesaid unto the which he added three abuses more first the abuse of Purveyors wherein he had to desire the Council and the Masters of the Houshold to consider of it and to be willing to yield to Reformation and in his Opinion it should not be amiss to take away the Purveyors and to limit every Country to a proportionable rate so should her Majesty be better served and the Kingdom eased Secondly The Reformation of the Exchequer for the Charge which groweth by respite of Homage which he wished might be paid on some other sort in a sum certain Thirdly Another Reformation which is upon a great abuse in the Exchequer by sending out upon every Fine levied the Writ Quo titulo ingressus est M r Comptroller in few words said that he being one of the Masters of the Houshold would do his endeavour for Reformation of all things arising by the Purveyors M r Sampoole sometimes of Lincolns-Inn liked well of the Motion of the Subsidy and commended the Motions of the Gentlemen before affirming that they were very necessary to be thought of unto which he was to add one more viz. the abuse of Collectors He shewed that they do retain their Charge sometimes a Year sometimes more in their own hands And for that they are but mean men appointed to that Office they oft times convert it to their own uses and are perhaps never able to satisfie the same whereby the people are unwilling to pay for if they should understand her Majesty should have it presently they would more willingly pay it and therefore wished the better sort of every Country should be assigned to that charge M r Goodier said that every man ought to yield to the Subsidy and rather offer it than to stay till it should be demanded desiring that the Subsidy might presently and only go forward without the hearing of any more complaints for that they might be Infinite and already more were remembred than in one Parliament could be reformed Wherein he shewed a great desire he had to win favour In the conclusion of these aforesaid Speeches transcribed out of that often before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal it should seem that a Committee was appointed to consider of the proportion and time of yielding some relief unto her Majesty whose names being set down in the Original Journal-Book of the House of Commons are thence transcribed at large in manner and form following All the Privy-Council Members of this House the Master of the Rolls Sir John White Sir William Dormer Sir Christopher Heydon M r Heneage Sir Robert Lane Sir Henry Norrice Sir George Blunt Sir Henry Weston Sir George Bowes Sir William Pawlet M r Edgecomb M r Edward Stanhop M r John Mersh M r Robert Newdigate M r Serjeant Lovelace M r Saintpool M r Thomas Snagge M r Hall M r Hasset M r Grasior M r Sands M r Alford M r Basset M r Warncomb M r George Forrors M r Amise Pawlet M r Hatfield M r Greithfield M r Bounton M r Bellingham to meet in the Star-Chamber on Monday next at two of the Clock in the Afternoon At the same time also another Committee was nominated to consider of those griefs and Petitions which had been touched and mentioned in the former dispute whose names being likewise found in the aforesaid Original Journal-Book of the House of Commons are thence transcribed in manner and form following For Motions of Griefs and Petitions were appointed Sir Owen Hopton Sir Thomas Scot Sir William Buts M r Manwood M r Bell M r Popham M r Fleetwood M r Mounson M r Mohun M r Grimston M r Mersh and M r Winchcomb to meet in the Temple Church on Monday next at two of the Clock in the Afternoon Upon a Motion by the Committees for matters of Religion whose names see on Friday the 6 th day of this instant April foregoing It was Ordered that M r Grimston and M r Strickland should move the Lords of the Clergy to know their pleasure concerning the motions to be to them made to Morrow in the Afternoon in matters of Religion Vide Apr. 26. postea Maii 17. M r Mounson brought report that M r Attorney General prayed that meeting may be made to Morrow in the Afternoon at M r Treasures Chamber for Conference touching the validity of Burgesses April the 8 th Sunday On Monday the 9 th day of April report was made of the validity of Burgesses and Ordered by M r Attorneys Assent that the Burgesses shall remain according to the returns for that the validity of the Charters of their Towns is elsewhere to be Examined if cause be The Bill concerning coming to the Church and receiving of the Communion was brought in again by Sir Thomas Smith one of the said Committees The names of the Committees for the Subsidy and for Motions and Petitions which see on Saturday immediately foregoing were read again and they appointed to keep their former hour of meeting For that Sir Henry Perry Knight being returned Knight for the Shire of Cumberland and likewise of Northumberland hath chosen to appear for Northumberland it was Ordered that a new Writ shall go out to chuse another Knight for Cumberland The Bill touching certain Offences to be made Treasons was read the first time M r Norton Exhibited an Addition which was received by the House and after sundry Arguments
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
State we must have due consideration of the place and the occasion of our coming together and especially have regard unto the matter wherein we both shall serve God and our Prince and State faithfully and not dissembling as Eye Pleasers and so justly avoid all displeasures both to God and our Prince for Solomon saith in the way of the righteous there is life as for any other way it is the path to Death So that to avoid Everlasting Death and Condemnation with the High and Mighty God we ought to proceed in every Cause according to the matter and not according to the Princes Mind and now I will shew you a reason to prove it perilous always to follow the Princes Mind Many times it falleth out that a Prince may favour a cause perilous to himself and the whole State what are we then if we follow the Princes Mind are we not unfaithful unto God our Prince and State Yes truly we are Chosen of the whole Realm of a special Trust and Confidence by them reposed in us to foresee all such Inconveniences Then I will set down my opinion herein that is he that dissembleth to her Majesties peril is to be counted as an hateful Enemy for that he giveth unto her Majesty a detestable Judas his Kiss and he that contrarieth her mind to her Preservation yea though her Majesty would be much offended with him is to be adjudged an approved Lover for faithful are the wounds of a Lover faith Solomon but the Kisses of an Enemy are deceitful And it is better saith Antisthenes to fall amongst Ravens than amongst Flatterers for Ravens do but devour the dead Corps but Flatterers the Living And it is both Traiterous and Hellish through Flattery to seek to devour our natural Prince and that do Flatterers therefore let them leave it with shame enough Now to another great matter that riseth of this grievous rumour what is it forsooth whatsoever thou art that pronouncest it thou dost pronounce thy own discredit why so for that thou dost what lyeth in thee to pronounce the Prince to be rerjured the which we neither may nor will believe for we ought not without too too manifest proof to credit any dishonour to our Anointed no we ought not without it to think any Evil of her Majesty but rather to hold him a Lyar what credit soever he be of for the Queens Majesty is the Head of the Law and must of necessity maintain the Law for by the Law her Majesty is made justly our Queen and by it she is most chiefly maintained hereunto agreeth the most Excellent words of Bracton who saith the King hath no Peer nor Equal in his Kingdom he hath no Equal for otherwise he might lose his Authority of Commanding sithence that an Equal hath no Rule of Commandment over his Equal The King ought not to be under man but under God and under the Law because the Law maketh him a King Let the King therefore attribute that to the Law which the Law attributeth unto him that is Dominion and Power for he is not a King in whom Will and not the Law doth rule and therefore he ought to be under the Law I pray you mark the Reason why my Authority saith the King ought to be under the Law for saith he he is Gods Vicegerent here upon Earth that is his Lieutenant to execute and do his Will the which is Law or Justice and thereunto was her Majesty Sworn at her Coronation as I have heard learned men in this place sundry times affirm unto the which I doubt not but her Majesty will for her Honour and Conscience sake have special regard for free Speech and Conscience in this place are granted by a special Law as that without the which the Prince and State cannot be preserved or maintained So that I would wish every man that feareth God regardeth the Princes Honour or esteemeth his own Credit to fear at all times hereafter to pronounce any such horrible Speeches so much to the Princes Dishonor for in so doing he sheweth himself an open Enemy to her Majesty and so worthy to be contemned of all faithful hearts Yet there is another inconvenience that riseth of this wicked rumour the Utterers thereof seem to put into our Heads that the Queens Majesty hath conceived an evil opinion diffidence and mistrust in us her faithful and loving Subjects for if she had not her Majesty would then wish that all the things dangerous to her self should be laid open before us assuring her self that loving Subjects as we are would without Schooling and direction with careful minds to our Powers prevent and withstand all perils that might happen unto her Majesty and this opinion I doubt not but her Majesty hath conceived of us for undoubtedly there was never Prince that had faithfuller hearts than her Majesty hath here and surely there were never Subjects had more cause heartily to love their Prince for her quiet Government than we have So that he that raiseth this rumour still encreaseth but discredit in seeking to sow Sedition as much as lyeth in him between our merciful Queen and us her most loving and faithful Subjects the which by Gods Grace shall never lie in his Power let him spit out all his venome and there withal shew out his malicious heart yet I have collected sundry reasons to prove this a hateful and a detestable rumour and the Utterer thereof to be a very Judas to our Noble Queen therefore let any hereafter take heed how he publish it for as a very Judas unto her Majesty and Enemy to the whole State we ought to accept him Now the other was a Message M r Speaker brought the last Sessions into the House that we should not deal in any matters of Religion but first to receive from the Bishops Surely this was a doleful Message for it was as much as to say Sirs ye shall not deal in Gods Causes no ye shall in no wise seek to advance his Glory and in recompence of your unkindness God in his wrath will look upon your doings that the chief cause that ye were called together for the which is the preservation of their Prince shall have no good success If some one of this House had presently made this interpretation of this said Message had he not seemed to have the Spirit of Prophecy Yet truly I assure you M r Speaker there were divers of this House that said with grievous hearts immediately upon the Message that God of his Justice could not prosper the Session and let it be holden for a principle M r Speaker that Counsel that cometh not together in Gods name cannot prosper for God saith Where two or three are gathered together in his name there am I in the midst among them Well God even the great and mighty God whose name is the Lord of Hosts great in Councel and infinite in thought and who is the only good Director of all hearts was the
House of Commons Whereupon the Speaker moved the said House to appoint some to amend those things which the Lords had yielded to have reformed that so the Bill might pass but the whole House a very few excepted said they would hear no more of it and so it stayed without any further proceeding because it appeared the House of Commons did not think their Objections sufficiently answered by the Lords This foregoing proceeding of the two Houses in the above-mentioned Bill touching Authority to be given to the Justices of her Majesties Forests c. being transcribed out of the Copy thereof I had by me now follows the next days Passages out of the Original Journal-Book of the House of Commons On Friday the 9 th day of March the Bill for restitution in Blood of the Lord Norris was twice read The Bill for re-edifying of the Town of Cringleford near unto the City of Norwich was read the third time and passed the House and was sent up to the Lords with the Bill for the Hospital in the Town of Leicester by M r Treasurer and others The Bill touching Suffolk Cloths and Essex Cloths was read the first time and committed unto M r Secretary Smith M r Lieutenant of the Tower Sir Nicholas Arnold and others to have Conference touching the double searching of Cloths generally now presently in the Committee-Chamber The Bill for Confirmation of the Subsidy of the Clergy 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 M r Chancellor of the Exchequer touching the Petition for reformation of Discipline in the Church did bring word from the Lords that their Lordships having moved the Queens Majesty touching the said Petition her Highness answered their Lordships that her Majesty before the Parliament had a care to provide in that case of her own disposition and at the beginning of this Session her Highness had Conference therein with some of the Bishops and gave them in Charge to see due reformation thereof wherein as her Majesty thinketh they will have good consideration according unto her pleasure and express Commandment in that behalf So did her Highness most graciously and honourably declare further that if the said Bishops should neglect or omit their Duties therein then her Majesty by her Supream Power and Authority over the Church of England would speedily see such good redress therein as might satisfie the expectation of her loving Subjects to their good contentation which Message and Report was most thankfully and joyfully received by the whole House with one accord And immediately thereupon John Crook Esquire one of the Knights for the County of Buckingham took occasion in most humble and dutiful wise to make a Motion unto the House for another Petition to be moved to the Lords for perswading of her Majesty for Marriage Vide concerning Church-Discipline on Wednesday the 29 th day of February preceeding and on Friday the second day of this instant March foregoing and touching the Queens Marriage on Monday the 12 th day of the same Month of March ensuing The new Bill also for the Lady Wainman was read the first time Post Meridiem In the Afternoon the Bill for the Lord Viscount Howard of Bindon was twice read Six other Bills of no great moment had each of them one reading of which one being the Bill for restitution in Blood of Henry Lord Norris another for Confirmation of the Subsidy granted by the Clergy and a third for Preservation of Pheasants and Partridges were each of them read the third time and passed the House On Saturday the 10 th day of March Two Bills had each of them their third reading and passed the House of which the first was for repressing of Murders and Felonies in the Counties of Northumberland and Cumberland Five Bills were sent up to the Lords from the House of Commons of which one was the Bill for setting the Poor on work and for avoiding of Idleness and another for preservation of Pheasants and Partridges The Bill against excess in Apparel was read the second time and committed unto all the Privy-Council being of this House M r Captain of the Guard M r Treasurer of the Chamber the Masters of Requests and others who were appointed to meet at the Exchequer-Chamber at two of the Clock in the Afternoon M r Doctor Barkley and M r Powle did bring from the Lords a Bill for the Hospital of S t Cross with special commendation for expediting thereof and Declaration of the assent of the Parties given in that behalf before their Lordships Two Bills of no great moment had each of them one reading of which the first being the Bill for the Lady Wainman was read the third time and passed the House M r Serjeant Barham and M r Doctor Vaughan brought from the Lords two Bills with Amendments and Provisoes which before passed the House viz. the Bill for repairing and amending of the Bridges and High-ways near Oxford and the Bill for maintenance of Colledges in the Universities and of Eaton and Winchester The Bill against Arthur Hall Esquire Edward Smalley and Matthew Kirtleton his Servant was read the first time Edward Smalley Servant unto Arthur Hall Esq appearing in this House this day at the Bar it was pronounced unto him by M r Speaker in the name and by the appointment and order of this House for Execution of the former Judgment of this House awarded against him That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London and there remain for one whole Month next ensuing from this present day and further after the same Month expired until such time as good and sufficient assurance shall be had and made for payment of 100 l of good and lawful money of England to be paid unto William Hewet Administrator of the goods Chattels and Debts of Melchisedech Malory Gent. deceased upon the first day of the next Term according to the former Order in that behalf by this House made and set down and also forty Shillings for the Serjeants Fees the notice of which assurance for the true payment of the said hundred pounds in form aforesaid to be certified unto M r Lieutenant of the Tower by M r Recorder of London before any delivery or setting at liberty of the said Edward Smalley to be in any wise had or made at any time after the Expiration of the said Month as is aforesaid and that he shall not be delivered out of Prison before such notice certified whether the same be before the said first day of the next Term or after Vide concerning this matter on Thursday the 16 th day Monday the 20 th day Wednesday the 22 th day Monday the 27 th day and on Tuesday the 28 th day of February preceeding as also on Wednesday the 7 th day of this instant March foregoing
of the Proceedings of this House to direct them with his Holy Spirit and a form of Prayer was then read to the House by the Clerk And then afterwards the House proceeding to the Election of a Speaker the said M r Treasurer first speaking did for his own part name and commend the said M r Popham alledging many good reasons and causes moving him thereunto but still leaving nevertheless liberty without prejudice to the residue of the House to name whom they would or thought good And thereupon the whole House with full consent of Voices agreed upon the chusing of the said M r Popham who standing up and much disabling himself in dutiful and reverend wise and alledging for himself many reasonable causes and excuses besought them humbly to proceed to a new Election whereof the House did not allow and so then was he forthwith by the said M r Treasurer and M r Comptroller brought up and placed in the Chair and order thereupon given that the House should the next day Assemble together both to understand her Majesties Pleasure for presenting of the Speaker and also to determine of the case of the said persons newly returned into this House in the places of others yet living On Thursday the 19 th day of January the House again Assembled the Speaker Elect sitting in the Chair The matter began to be debated touching the said Burgesses of whom question was made the day before and the Case was opened by M r Norton a Citizen of London to the effect following viz. That there be Members of this House absent in her Majesties Service as in Embassage or in her affairs in Ireland in whose place new be returned Item some persons be sick of durable Diseases as Agues c. and new be returned in their places Item one M r Flowerden was the last Session Burgess for Castle-Rising in Norfolk and in the Vacation was sick Upon suggestion of which sickness a Writ went to chuse a new Whereupon Sir William Drewry is Chosen and returned for Castle-Rising who now appeareth and M r Flowerden also In the same Vacation one Beamond a Citizen for Norwich is sick of the Gout upon suggestion whereof a Writ went out to chuse a new for Norwich M r Flowerden is chosen returned and newly sworn for Norwich Vide March 18 th Saturday postea The Questions are whether such as be returned in places of persons sick or of persons absent in the Queens Service be Burgesses and the old discharged M r Norton thought the old Burgesses remained and that the said causes of sickness and service are good excuses for their absence but no causes to remove them and to chuse new And for this he alledged divers Precedents as of Doctor Dale Embassador in France and of Sir Henry Sidney Deputy of Wales who having been formerly both of them Members of the House of Commons and absent by reason of both their said Imployments yet when their case was once made known unto the House and there questioned they were still retained as Members of the said House and no new chosen or admitted But however although such absent Members by reason of sickness or Foreign Imployment might be removed yet that ought not to be done upon a suggestion in the Chancery but by the Judgment of the House of Commons upon information thereof M r Serjeant Flowerden M r Robert Snagg M r Seintpoole and M r Serjeant Fleetwood Comptroller argued to the contrary and said that in all these cases new are to be chosen and the old discharged And that it needeth not to have discharge by the Judgment of the House but it sufficeth to make suggestion in the Chancery and to procure a Writ thereupon for a new Election And to question this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court. And it was further alledged that not only in these before-recited Cases but also in all others where any new Elections are to be made if the Lord Chancellor send out a Writ upon any suggestion to chuse a new Burgess in the place of an old whether the cause be sufficient or non-sufficient to remove the old or whether the suggestion be true or false yet if a new be returned the House of Commons is to accept the Burgess and to allow the return and the old Burgess remaineth discharged until the matter be further cleared upon the Examination and Judgment of the said House And according to these opinions the new Burgesses Elected and returned in places of men living were received and allowed in the said House M r Flowerden keeping his place for Norwich Sir William Drewry for Castle-Riseing M r Richard Herbert in place of M r Pugh for Montgomery and so the like of the rest that were new Elected Vide the contrary resolved March the 18 th postea Nota That all this was done after the Election of John Popham Esquire the Queens Sollicitor for Prolocutor or Speaker but before his Presentation to the Queen or her Majesties allowance of him The agitation of which question was doubtless either privately muttered in the House or if it were disputed openly it was suddenly and unwarrantably done in respect that the House of Commons have no power to determine or resolve of any thing after the Election of the Speaker till he be presented and allowed as may easily be Collected by all Precedents both of latter and former times Neither did this opinion of the House thus irregularly given take any great effect because the contrary was resolved March 18 postea In the mean time of those foregoing Arguments and Disputations in the House it was signified unto the said House that her Majesties Pleasure was that the Speaker should be presented unto her Highness on the next day following at two of the Clock in the Afternoon in the Upper House On Friday the 20 th day of January the House Assembled together and about two of the Clock in the Afternoon they had notice that the Queen with the Lords Spiritual and Temporal were all set in the Upper House Whereupon the Knights Citizens and Burgesses hasted thither with M r Popham their Speaker and being let in as many as conveniently could and the said Speaker brought up to the Bar at the lower end of the said House by two of the most eminent Personages of the House of Commons he there made his humble excuse and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed But notwithstanding his said excuse her Majesty by the Lord Chancellor signified her Allowance of him for which the said Speaker rendred his humble thanks and Petitioning in the name of the House of Commons for Liberty of Speech for free access to her Majesty and for freedom from Arrests according to the usual form the Lord Chancellor by the Queens Commandment made him a gracious Answer after which ended the Knights Citizens and
them read the second time and committed unto M r Recorder of London Mr. Serjeant Fenner Mr. Sands Mr. Grevill Mr. Christmas Mr. Boyes Mr. Cromwell and Mr Newdigate Mr. Henry Knolles the younger and Mr. Townesend were appointed to be with Mr. Speaker at this House at two of the Clock this Afternoon to examine the matter of Outlawry pretended against Walter Vaughan Esquire Knight for the County of Caermarthen And that the said Mr. Vaughan be then there present to Answer therein for himself as well as he can and the said Committees to make report unto this House of the state of the Case to the end this House may thereupon proceed to order accordingly Vide concerning this matter on the 18 th day of this instant February following Mr. Secretary Wilson declaring the travel of the Committees in Examining of the Printer that did Print Mr. Halls Book signified unto this House that the said Printer whose name is Henry Bynnyman upon his Examination before the Committees said that one John Wells a Scrivener in Fleetstreet did deliver the written Copy to him and when the Book was Printed he delivered one Book to Henry Shirland in Fridaystreet Linnen-Draper to be sent to Mr. Hall and that afterwards about a year past he delivered to Mr. Hall six of the said Books and at Michaelmas Term last six other of the said Books and one more to Mr. Halls man shortly after and said that Mr. Hall promised to get him a Priviledge whereupon he adventured he saith to Print the Book and saith that the Copy was written by Wells the Scrivener and that he received of the said Shirland Linnen-Cloth to the value of 6 l 13 s 4d. for Printing the said Book And that he staid of his own accord the publishing of the said Books till he were paid where Mr. Hall was contented that they should have been put to sale presently Which report so made by Mr. Secretary and withal that Mr. Hall and the Printer were both then at the Door the said Mr. Hall thereupon was brought to the Bar and being charged by Mr. Speaker in the behalf of the whole House with the setting forth the said Book containing very lewd and slanderous reproach not only against some particular Members of this House but also against the general State and Authority of this whole House denied not the setting forth of the said Book protesting the same to be done by him without any malicious intent or meaning either against the State of this House or against any Member of the same praying this whole House if he had offended in so doing they would remit and pardon him affirming withal very earnestly that he never had any more than one of the said Books and upon due consideration of his own rashness and folly therein willed that all the said Books should be suppressed and then was Mr. Hall sequestred Henry Bynnyman the Printer was brought to the Bar who affirmed in all things as Mr. Secretary Wilson before reported and further that he had Printed fourscore or an hundred of the said Books and was thereupon sequestred Henry Shirland was brought to the Bar who there confessed that Mr. Hall did write a Letter unto him and sent the said Book unto him willing him to get it Printed And that thereupon he delivered the Book to the said Bynnyman to have it Printed Wells the Scrivener being present with him and said further that Mr. Hall had paid him again the twenty Nobles which he before had paid the Printer and so he was then sequestred And the said Wells brought to the Bar upon his Examination saith that when he was Apprentice with one Mr. Dalton a Scrivener in Fleetstreet the said Mr. Hall lying then about Pauls-Wharf sent unto his said Master to send one of his Men unto him and that thereupon his said Master sent him unto the said Mr. Hall who when he came delivered to him a Book in written hand willing him to carry it home with him and Copy it out and said that when he had shewed it to his Master his Master Commanded him to write part of it and his Fellows some other part of it and his said Master as he remembreth did write the rest of it What his Master had for the writing of it he knoweth not And being further Examined saith that yesterday last past he delivered one of the said Books to Sir Randal Brierton from the said Mr. Hall and then the said John Wells was sequestred And afterwards all the Privy-Council being of this House Mr. Knight Marshal Mr. Recorder of London Mr. Serjeant Flowerdewe Mr. S t Leiger Mr. Cromwell Mr. Atkins the Master of the Jewel-House Sir Thomas Browne Sir Thomas Scott Mr. Nathanael Bacon Mr. Beale Mr. Norton and Mr. Alford were added to the former Committees for the further proceeding to the Examination of the matter touching Mr. Hall the Printer the Scrivener and all other persons Parties or privy to the publishing of the said Book set forth in Print by the means and procurement of the said Mr. Hall and to meet upon Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Which done Mr. Hall being brought to the Bar again Mr. Speaker declared unto him that this House mindeth further to examine the particularities of the matter wherewith they have charged him and do therefore commit him to the Serjeants Ward with this Liberty that upon Wednesday next in the Afternoon being accompanied with the Serjeant he may attend at the Exchequer Chamber upon the Committees in the Cause and was thereupon had out of the House Henry Bynnyman the Printer John Wells the Scrivener and Henry Shirland Linnen-Draper being brought all three to the Bar were by Mr. Speaker injoined in the name of the whole House to give their attendance upon the said Committees at the time and place aforesaid and also at all times in the mean season thereof if they shall happen to be called by them or any of them and so were had out of the House And further it is Ordered by this House that Mr. Speaker do send the Serjeant for John Dalton late Master of the said John Wells and to charge him also to attend upon the said Committees at the said time and place in like manner Vide concerning this matter on Tuesday the 14 th day of this instant February following On Tuesday the 7 th day of February the Bill for the Cloth-Workers of London was read the second time and committed to the former Committees in the Bill for Cloths called Tauntons and Bridgwaters who were appointed on Saturday the 4 th day of this instant February foregoing Mr. Treasurer one of the Committees for the great causes brought in a Bill for restraint of disobedient Subjects and also Articles for the granting of the Subsidy which Articles were then read by the Clerk and agreed by the whole House to be delivered by Mr. Speaker to Mr. Attorney General to draw a
set forth in Print and published a Book Dedicated unto Sir Henry Knivett Knight a good Member of this House without his Privity liking or allowance in part tending greatly to the slander and reproach not only of Sir Robert Bell Knight deceased late Speaker of this Parliament and of sundry particular Members of this House but also of the Proceedings of this House in the same last Session of Parliament in a Cause that concerned the said Arthur Hall and one Smalley his Man And that there was also contained a long Discourse tending to the diminishment of the ancient Authority of this House And that thereupon by Order of this House the said Arthur Hall was sent for by the Serjeant of this House to appear upon Monday following which he did accordingly Whereupon being called to the Bar and charged by the Speaker with the information given against him he confessed the making and setting forth thereof Whereupon the said Arthur Hall being sequestred the House did presently appoint divers Committees to take a more particular Examination of the said Cause and of all such as had been doers therein Which Examination being finished by the said Committees they informed this House that they had charged the said Arthur Hall with contempt against this House the said last Session In that being enjoined by this House to appear there at a time by this House prefixed he departed out of the Town in contempt of the Court and afterwards testified and inforced the same his wilful contempt by an unseemly Letter addressed by him to this House and charged him also with publishing the Conferences of this House abroad out of the House and that also in Print in manner of a Libel with a counterfeit name of the Author and without any name of the Printer in which Book or Libel was contained matter of reproach and infamy to sundry good Members of this House in particular and of the whole State of the House in general reproaching and imbasing what in him lay the Power and Authority of this House and untruly reporting the Orders of this House affirming amongst other great teproaches that he knew of his own knowledge that this House had proceeded and judged untruly And further charged him that he had therein also injuriously impeached the memory of the late Speaker deceased affirming that the Orders of this House were not by him truly delivered or set down but altered and changed And not herewith satisfied hath in some part thereof contained a false and slanderous Discourse against the Antiquity and Authority of the Commons House or third Estate of the Parliament wherein he hath falsly sought as much as in him is to impugne deface blemish and diminish the Power Antiquity and Authority of this House and the interest that it hath always and in all Age had to the great impeachment of the ancient Order and Government of this Realm the Rights of this House and the form of making Laws And that since his being before the Lords of the Council for his said offence and after he had received rebuke of them for the same and had offered some form of submission in that behalf he had eftsoons again published the said Book and that upon his Examination in this House he had denied the having of any more than one of the said Books yet it was proved that he had twelve or thirteen of them and six of them since the time he was called before the Lords of the Council and that he had by his Letters given Order to have of those Books Printed which was done accordingly with more and that he had caused one of the same Books sithence this Session of Parliament to be sent to Sir Randal Brierton Knight Unto all which as the said Arthur Hall could make no denial or sufficient Answer so the said Committees setting forth the nature and quality of the said offences in their several degrees moved in the end that the said Arthur Hall might be called into the House to Answer unto those points before the whole House and so thereupon to proceed to some speedy end perswading therewithal a due consideration to be had of spending the time as much as might be in such matters of the Realm for which this Parliament was chiefly called Whereupon after divers other Motions and Speeches had in the said matter the said Printer was brought to the Bar and being Examined avowed that Arthur Hall after that he had been before the Lords of the Council came to him and told him that he had Answered the matter for the said Books before the Council and that therefore the said Printer might deliver the said Books abroad affirming also that where the said Henry Bynnyman the Printer sithence this Session of Parliament and since his last committing wished unto the said Arthur Hall that all the said Books had been burned before he medled with them That Arthur Hall should say to him again he would not so for one hundred pounds And then he being sequestred Arthur Hall was brought to the Bar where some mean reverence was by him done though not in such humble and lowly wise as the state of one in that place to be charged and accused required Whereof being admonished by the Speaker and further by him charged as well with the said parts collected out of the said Book as with other his misdemeanors and contempts aforesaid he in some sort submitted himself to the House acknowledging in part the matters wherewith he was charged and in some other parts denied the same but not making any defence in the matter but acknowledging in part his errors imputing it for the most part to his misprision and that in other parts the matters were gathered otherwise than he meant he thereupon prayed pardon of the House and that done was sequestred After which upon sundry Motions and Arguments had touching the quality and nature of his fault and of some proportionable forms of such punishment for such grievous offences it was upon the Question resolved and Ordered by the whole House without any one negative Voice that he should be committed to Prison And upon another Question likewise resolved and Ordered that he should be committed to the Prison of the Tower as the Prison usual for Offenders to be committed unto by this House And upon another Question it was in like manner resolved and Ordered that he should remain in the said Prison of the Tower by the space of six Months and so much longer as until himself should willingly make a particular Revocation or Retractation under his hand in writing of the said errors and slanders contained in the said Book to the satisfaction of this House or of such Order as this House shall take for the same during the continuance of this present Session of Parliament And upon another Question it was also in like manner resolved and Ordered that a Fine should be assessed by this House to the Queens Majesties use upon the said
this time Clerk of the same On Thursday the 10 th day of December Two Bill of no great moment had each of them their first reading of which the first was the Bill for the preservation of Plymouth Haven M r Serjeant Gawdy and M r Attorney General did bring a Message from the Lords that their Lordships do pray Conference with some of this House to join with a Committee of their Lordships touching the Bill lately passed this House and sent up unto their Lordships for the better and more reverend observing of the Sabbath day Whereupon M r Treasurer M r Comptroller Mr. Vice-Chamberlain the Lord Russell Sir William Herbert Sir William Moore Mr. Edward Lewkenor Mr. Francis Hastings and Mr. George Moore were appointed by this House to attend their Lordships therein to Morrow at two of the Clock in the Afternoon in the Parliament Chamber Vide concerning this matter of the Sabbath on Wednesday the 17 th day of March following The Bill against dying with Sumach and some other Bills wholly omitted through the negligence of the Clerk and therefore seem to have been of no great moment were upon the second reading committed unto Mr. Treasurer Mr. Recorder of London Mr. Hutton Mr. Henry Nevill and others and the Bills were delivered to the said Mr. Henry Nevill who with the rest were appointed to meet upon Monday next the 14 th day of this instant December following in the Afternoon in the Middle-Temple Hall The Bill also against vicious life and idleness was upon the second reading committed unto Sir William Herbert Sir Edward Dymock and others and the Bill was delivered to the said Sir Edward Dymock who with the rest were appointed to meet to Morrow at one of the Clock in the Afternoon in the Middle-Temple Hall Mr. Recorder one of the Committees appointed on Monday the 7 th day of this instant December foregoing in the Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-Simple according to the true intent and meaning of certain Conveyances unto them by the said Edward Fisher made reported to the House that upon Examination by himself and the other Committees therein had and also by comparing and conferring the Contents of the preamble of the said Bill with the Conveyances of the premisses and also with the Judgment upon the forgery in the Star-Chamber and also of their Conferences had with the said Edward Fisher and Katherine his Wife as well together as a part and asunder touching the premisses and circumstances of the same they have amended the said Bill according to the said Conveyances not only in the form thereof but also in the principal matter and substance and offered both the said Bill so amended the said Evidences or Conveyances being two several Deeds indented and inrolled in the Court of Chancery and also the said Judgment in the Star-Chamber exemplified under the Great Seal of England Whereupon the Bill was presently read and the said amendments also twice read and so the Bill thereupon Ordered to be ingrossed Vide plus on Monday the 22 th day of February following On Friday the 11 th day of December Six Bills of no great moment had each of them one reading of which the Bill concerning the aforesaid business of Edward Fisher and for the assurance of certain Lands lately sold by him unto George Chewne Esquire and others in Fee-simple did pass upon the third reading Vide plus on Monday the 22 th day of February following Mr. Vice-Chamberlain in the behalf of himself and of the residue of the Committees in the great Causes shewed unto the House that they have had sundry Meetings together and endeavoured to draw two several Bills to such ends as they thought fittest and having one of the said Bills ready drawn but not the other yet for want of longer time to meet and which yet cannot now be before Monday next offered unto the said House the Bill that was ready drawn But what the Title of the Bill was or what these great matters were is wholly omitted through the Clerks negligence yet it may be probably conjectured that they were concerning the Subsidy and Religion or the Bill for the preservation of her Majesties most Royal Person De qua vide on Monday the 14 th day of December following The Bill lastly touching Grants by Corporations was upon the second reading committed unto M r Comptroller M r Recorder and others But the time and place appointed for their meeting is in the Original Journal-Book of the House of Commons through the Clerks negligence wholly omitted On Saturday the 12 th day of December Notice being given to the House of one M r Hall a Member of the same that had not attended all this Parliament it was Ordered that the Serjeant should give him warning to attend upon Monday next Vide plus in fine hujus diei Mr. Recorder of London and Mr. Sollicitor were appointed by the House to examine the Record of the return of Mr. Bevill and Mr. Darrington the two Knights chosen for the Shire of Huntington and of the circumstances thereof Nota That the Recorder of London is in this place and in all other Passages of this Journal for the most part named and ranked before the Queens Sollicitor although his place at this time be after him Mr. Bevill one of the Knights returned for the said County of Huntington declared that he was charged by a Member of this House that he had lied in his former Speech to this House touching the Declaration of the manner of chusing himself and Mr. Darrington Knights for the Shire of Huntington wherein as he taketh himself to be very much abused being a Member of this House so appealing himself to the same he prayed remedy and order to be given therein by this honourable House upon the hearing of the cause Vide plus concerning this matter on Tuesday the 8 th day of this instant December foregoing as also on Monday the 21 th day of the same Month following The Bill for the assurance of certain Messuages Lands and Tenements late Edward Fishers unto George Chewne Esquire and others in Fee-simple was sent up to the Lords by Mr. Treasurer and others Vide de ista materia on Monday the 22 th day of February following Mr. Serjeant Gawdy and Mr. Attorney General did bring from the Lords a Bill for remedy against fraudulent Conveyances with recommendation thereof from their Lordships to this House and request also for present Conference with the Committees of this House touching the Bill for the observation of the Sabbath day Of which see more on Wednesday the 17 th day of March following Sir William Knolles Mr. Fanshaw and others were appointed Committees this Afternoon to meet in the Middle-Temple Hall about the Oath for Sheriffs c. Three Bills of no great moment had each of them one reading of which the last being the Bill
ancient Orders and usage of this High Court and not for that he said he would shew them only to be discovered to her Majesty it was resolved That he should be committed to the Serjeants Ward till the matter shall be further considered of by this House the day being then very far spent Vide concerning this matter on Friday the 18 th day Wednesday the 23. day and on Thursday the 24 th day of this instant December following On Friday the 18 th day of December the Bill touching Appeals out of the Ecclesiastical Court was upon the second reading committed unto Mr. Treasurer the Master of the Requests Mr. Doctor Hammond Mr. Sands Mr. Cromwell Mr. Doctor Cousin Mr. Barker Mr. Flower Mr. Wolley Mr. Beale and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet this Afternoon in the Exchequer-Chamber The Bill also for the restitution in blood of the Lord Thomas Howard had this day its first reading and the Bill for confirmation of Letters Patents made unto Walter Rawleigh Esquire was upon the third reading after many Arguments and a Proviso added unto it passed upon the Question Sir Christopher Hatton Knight her Majesties Vicechamberlain declared unto the House That her Majesty having heard of the great and dutiful care of this House in devising and providing of Laws for the preservation of her Majesties Royal Person doth accept the same in most humble loving and thankful part and having thereupon inquired of the manner and parts of the same Laws doth both very well like and allow of the same and is also of her own most loving and merciful disposition pleased that all persons barred or disabled by force of the same Law as it now is shall be first called to answer and be heard what they can say in excuse of themselves before they shall be prejudiced in their pretended Right or Titles And also that her Majesty will take away the Proviso in that Law by which any of these Subjects which have taken the Oath of Association might any way hereafter by any possibility be touched in conscience And then made a motion that a convenient Committee of the wise and grave Members of this House might be appointed to consider of the said former Bill already ingrossed and so then to devise another to be conceived according to the purport of her Majesties Pleasure in that behalf so as before is signified Whereupon it was then resolved that all the former Committees and M r George Ireland now added unto them should meet together for that purpose this Afternoon in the Exchequer Chamber And further the said M r Vice-Chamberlain also declared unto this House that her Majesty having been made privy unto the mis-behaviour of Mr. Doctor Parry yesterday shewed in this House and of the order of this House taken therein with him for the same her Highness doth not only deem him to have given just cause of offence unto this House in the same his misdemeanor but also doth very well allow of the grave discretion of this House in forbearing for the time to use any sharp course of Correction against him for his said offence in respect that he had said he reserved his reasons to be imparted to her Majesty only which as he had discovered unto some of the Lords of the Council by her Highnesses appointment and that partly to the satisfaction of her Majesty so her Highness did think that upon his humble submission unto this House with a dutiful acknowledgment of his fault this House would the rather dispense with him therein Which done M r Doctor Parry was called to the Bar where humbly acknowledging his fault upon his knees it was told him by M r Speaker after he had put him in remembrance of the manner of his offence that it might be the House would nevertheless deal favourably with him if they should see such cause upon his unfeigned and earnest confession and repentance of his fault and his humble submission unto the House with good and dutiful endeavour of amendment hereafter And then kneeling upon his knee in very humble manner affirmed directly that he had very undutifully misbehaved himself and had rashly and unadvisedly uttered those Speeches he used and was with all his heart very sorry for it alledging withal that he had never been of this House before this Session and so could not so well know the Orders of the House as he should do and that he would not willingly offend this House nor any man in it and so humbly prayed their good favour towards him Whereupon being sequestred again out of the House it was after some Arguments and Speeches had resolved That upon that his said acknowledgment of his fault and his humble submission he should be received into this House again as a Member of the same and take his place as before so that he would afterwards use himself in good sort as he ought to do And thereupon being called again to the Bar and there kneeling upon his knee and directly reiterating his former confession of his fault and also his former humble submission protesting further that if ever after he should give any just cause of offence again to this House or any Member thereof he would then never after crave any more favour of them Whereupon M r Speaker declared the good pleasure of this House in remitting his said offence by receiving him again into them with condition and hope of his better behaviour hereafter Which as he prosessed and promised to perform accordingly so did he in very good dutiful sort give most humble thanks unto God and to her Majesty and also unto this whole House and every Member of the same for their good courteous and favourable dealing towards him in this behalf Vide February the 18 th and February the 24 th postea On Saturday the 19 th day of December four Bills of no great moment had each of them one reading of which the second being the Bill touching the keeping of the great Sessions of the Peace and the Assizes for the Town of Caernarvon to be kept in the Town of Caernarvon was read the third time And the third being the Bi for restitution in blood of the Lord Thomas Howard had this day its second and third reading And three Bills thereupon were at this time sent up to the Lords by M r Treasurer and others which had not been delivered because their Lordships were risen and departed before their coming Vide on December the 14 th last past when two of them had been sent up A Motion was made in the House that their Lordships might be sent unto to know the reason of the new manner of indorsing their Bills For whereas in former times all Bills sent down from the Lords to the House of Commons were ever indorsed in the lower part of the same Bills contrary to the said accustomed use the Bills which were lately sent down from their Lordships
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
Thursday the 11 th day of February the Bill against partial Juries and Tryals was upon the second reading ordered to be ingrossed M r Recorder of London M r Cromwell and M r Sandes being returned from the Chancery did declare unto the House that they have been in Chancery within the Court and there were very gently and courteously heard in the delivery of the Message and charge of this House committed unto them and were answered by the Lord Chancellor that he thought this House had no such liberty of Priviledge for Subpoena's as they pretended neither would he allow of any Precedents of this House committed unto them formerly used in that behalf unless this House could also prove the same to have been likewise thereupon allowed and ratified also by the Precedents in the said Court of Chancery And after some other Speeches and Arguments the said Mr. Sandes and Mr. Cromwell were further appointed to search the Precedents of this House against to morrow that thereupon this House may enter into further Consideration of the state of the Liberties and Priviledges of this House accordingly Vide plus concerning this matter amongst the passages of the day foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill to avoid partial Tryals and Juries was read the third time and passed upon the Question Mr. Roger Erith Esquire one of the Burgesses for the Borough of Wilton in the County of Wilts being sick was upon a Motion made to this House licensed to depart into the Country for the better recovery of his health Upon a Motion made by Mr. Recorder that those of this House towards the Law being the most part of them at the Bars in her Majesties Courts attending their Clients Causes and neglecting the Service of this House be called by the Serjeant to repair unto this House presently and to give their attendance in the service of the same It was Ordered That the Serjeant of this House do forthwith repair unto all the said Courts and there give notice and charge from this House that all those of this House that are in any the same Courts or at any of the Bars of the same Courts shall presently make their repair unto this House and give their attendance here And the said Serjeant being sent shortly after many of them came into this House upon the said Commandment accordingly After which said Motion the Bill touching Collectors of Issues lost by Juries was passed upon the Question without allowance of any Proviso from the Clerks of the Extracts in the Exchequer Upon a Motion made by Sir William Herbert that Mr. Recorder of London who erst made a Motion to this House That those of the Law being Members of this House and then attending at the Bars in the Courts in the Hall might be sent for to give their attendance here in this House being now since their coming in gone out of the House himself and as he was informed was presently pleading at the Common Pleas Bar to the great abuse of this whole House might be forthwith sent for by the Serjeant to answer his said contempt It was Ordered That the Serjeant of this House do forthwith go to the said Common Pleas Bar and charge the said Mr. Recorder to make his present repair unto this House for his attendance but not to answer to any contempt The Bill touching the Water-Bailiff was read the first time Five other Bills of no great moment had each of them their last reading and were sent up to the Lords by Mr. Treasurer and others of which the last was the Bill of Explanation and Addition unto the former Statute for maintenance of Rothester Bridge Mr. Anthony Kirle was brought to the Bar by the Serjeant of this House and charged by Mr Speaker in the Name of this whole House with a Contempt to this House for that he had served Alban Stepneth Esquire being a Member of this House returned into the same a Burgess for the Town of Haverford West with a Subpoena out of the Star-Chamber in the Parliament time and within the Palace of Westminster as the said Mr. Stepneth was coming to this House to give his attendance there and further afterwards procucured an Attachment out of the said Court against him to the great hinderance and impediment of the said Mr. Stepneth his service and attendance in this House and also to his great cost and charge To which he answered True it was he served a Subpoena upon the said Mr. Stepneth in a Cause of Suit not then knowing him to be a Member of this House and afterwards understanding that the said Mr. Stepneth made default of his appearance upon the said Subpoena and that four or five days after the return of the Writ he made an Affidavit in the said Court of the serving of the said Subpoena and so obtained an Attachment against the said Mr. Stepneth at which time he was told by one of the Attornies of that Court that the said Mr. Stepneth was a Member of this House alledging that before that time he knew him not to be of this House and did then also forbear to cause the said Attachment to be executed upon him In doing whereof if he have given cause of offence or contempt unto this House as he had done the same ignorantly so did he he said humbly submit himself therein to the good and favourable Consideration of this House Which done he was sequestred out of the House And then after sundry Motions had in the same matter and by some of which it appeared that the said Mr. Stepneth had with payment of Money to Mr. Kirle's Attorney redeemed his liberty from being arrested by the said Attachment It was at last resolved by this House That the said Mr. Kirle had committed a great contempt to this whole House and the Liberties and Priviledges of the same both in serving the said Subpoena upon the said Mr. Stepneth and also in procuring the said Attachment against him and in all the residue of the parts of the said Suit from the time of serving the said Subpoena thitherto And thereupon ordered and adjudged by this House That the said Anthony Kirle shall for his said contempt be committed Prisoner to the Serjeants Ward and Custody there to remain during the pleasure of this House and shall also satisfie and pay unto the said Mr. Stepneth as well all such his Costs and Charges and Expences by him expended in and about the same Suit as shall be set down and agreed upon by Mr. Morrice and Mr. Miles Sandes who were for that purpose appointed by this House to confer with the said Mr. Stepneth and to examine those Charges as also all other Charges which the said Mr. Stepneth hath been at or defrayed unto the said Serjeant in or about the arresting which should have been executed upon him by virtue of the foresaid Attachment out of the said Star-Chamber at the Suit
it should not be committed and denied to have it committed he thinks this House hath done therein very orderly without any Errour because it seemed good to this House so to do And that albeit many times Committings and Conferences be very necessary between both the Houses yet it is at the liberty of each of the same Houses whether they will admit any such or no and so no error in that which is done And that the said Bill as it now standeth is a Bill that may have a third reading in this House as he thinketh if this House shall so thing good And is of mind that this House may ..... Here it seemeth M r Fulk Onslow at this time Clerk of the House of Commons intending to supply the residue of this said Speech and of other Arguments and Disputations had and passed in this matter did leave a blank of near upon a side and a half but whether through negligence or forgetfulness this as divers other places was never perfected But what the resolution of the House at the end of the said Arguments was may probably be gathered out of other Passages this very day concerning the same business viz. That they would justifie their former Proceedings in not committing the said Bill concerning fraudulent Conveyances sent down unto them from the Lords to have been justly discreetly and orderly resolved on in the House where the manner and form of the said Bill was and is utterly disliked and that therefore the said House of Commons would speedily frame a new Bill to the same effect Vide concerning this business on Monday the 15 th day and on Tuesday the 16 th day of this instant February foregoing M r Serjeant Rodes and M r Doctor Carey did bring down from the Lords to the House of Commons three Bills of which one was concerning the Lord Dacres and the Lord Norris the second concerning the relief of the Hospital of Eastbridge in Canterbury and the third concerning the Explanation of a former Statute touching Tellors and Receivors made Anno 13 Reginae Eliz. of which said three Bills the Original Journal-Book of the Upper House mentioneth only the two latter to have been sent down as aforesaid and as it seemeth omitted the first The foresaid M r Serjeant Rodes and M r Doctor Carey brought also a Message from the Lords for present Conference with some of the House of Commons touching the Bill of Jesuits lately passed the said House Whereupon these Committees following were appointed to repair presently unto their Lordships accordingly viz. Mr. Comptroller Mr. Vice-Chamberlain M r Treasurer of the Chamber Mr. Chancellor of the Exchequer M r Sollicitor Sir Philip Sidney M r Recorder of London M r Beale M r Topclyffe Sir John Higham M r Howard M r Morrice Sir William Herbert Sir Henry Nevill Sir William Moore M r Fulk Grevill M r Wolley and M r Sands And before the going of the said Committees it was resolved by this House that they should further signifie unto their Lordships that this House hath resolved that as touching the late Proceeding of this House in the Bill to provide remedy against fraudulent Conveyances sent unto this House from their Lordships This House hath in all parts and points of their dealing therein proceeded discreetly gravely and orderly according to the Liberties of this House without any errors of this House or cause of offence by them given to their Lordships And that as this House very well liketh that fraud be met with and prevented though not in such manner and form as in the said Bill was devised so they do purpose to frame a Bill in this House for the same effect in such sort as to this House shall be thought good And lastly should move their Lordships for Answer of the Petitions if it might so please their Lordships Vide concerning these Petitions on Thursday the second day of this instant February ensuing Upon a Motion made by M r Diggs that Doctor Parry a late unworthy Member of this House and now Prisoner in the Tower in his late submission to this House upon his former contempts was reconciled with condition at his now request of his good behaviour afterwards and hath sithence so misbehaved himself as deserveth his said Imprisonment in the Tower It was resolved by this House that he be disabled to be any longer a Member of this House that a Warrant be made to the Clerk of the Crown Office for a Writ to be directed to the Sheriff of Kent for chusing and returning into this present Parliament another Burgess for the Borough of Queenborough in lieu and stead of the said Doctor Parry Which promise of his future amendment Vide on Friday the 18 th day of December foregoing Five Bills of no great momemt had each of them one reading of which the second being the Bill of Plymouth-Haven was upon the second reading committed again to the former Committees and M r Grafton was added unto them and the Bill was delivered to M r Wroth who with the rest was appointed to meet in the Middle-Temple Hall to morrow in the afternoon The Committees returning from the Lords M r Vice-Chamberlain ..... here it seemeth that M r Fulk Onslow at this time Clerk of the House of Commons intending to supply the residue of this speech did leave a blank of two half sides at the least for that purpose but very negligently omitting to supply it hath left those two great businesses of the Petitions and the not committing of the said Bill of fraudulent Conveyances upon the second reading sent down from the Lords to the House of Commons of which said matters see before in the passages of this very day altogether naked and undetermined which might else have served for great use and good precedent for the priviledges of the said House But yet it may be probably conjectured out of the ensuing passages of some other days what the Lords did answer to these foresaid Petitions of which said answer M r Vice-Chamberlain made report viz. That for the Petitions in which the House of Commons desired their Lordships to joyn with them they would yet defer their resolution till a further time And for the committing of their said Bill concerning fraudulent Conveyances sent down from them upon the second reading thereof they did not altogether disallow the defence and justification which the said House of Commons had made for and concerning their proceeding therein by the said Committees As also that they should frame a new Bill to the same purpose And it is most likely that their Lordships did well approve of that Message sent by the foresaid Committees concerning the framing of a new Bill for the prevention of the foresaid frauds because immediately upon M r Vice-Chamberlain's Speech ended a special Committee was appointed by the House upon M r Speakers motion for that purpose prout sequitur Mr. Speaker after Mr. Vice-Chamberlain had as it seemeth ended his
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
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
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
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
beseech you c. that speedy Justice be done upon her whereby your self may be safe the state of your Realm preserved and we not only delivered from this trouble of conscience but also re-comforted to endeavour our selves and all ours into whatsover other peril for the preservation and safety of you Lastly Gods vengeance against Saul for sparing Agag against Ahab for sparing the life of Benhadad is apparent for they were both by the just Judgment of God deprived of their Kingdoms for sparing those wicked Princes whom God had delivered into their hands of purpose to be slain to death by them as by the Ministers of his eternal and divine Justice How much those Magistrates were commended that put to death those mischievous and wicked Queens Jezebel and Athaliah How wisely proceeded Solomon to punishment in putting to death his own natural and elder Brother Adonias for the only intention of a marriage which gave suspicion of Treason whereas there is no more desired of your Majesty than the very Pope now your sworn Enemy some of these late Conspirators and this wicked Lady her self have thought fit to fall on her He in like case gave sentence vita Conradini mors Carolo Mors Conradini vita Carolo. They in their best minds and remorse of Conscience setting down the best means of your safety said He that hath no Arms cannot fight and he that hath no Legs cannot run away but he that hath no head can do no harm Pisces primùm à Capite foetent She by her voluntary subscribing to the late Association c. gave this sentence against her self And after in her Letters of these Treasons to Babington wrote that if she were discovered it would give sufficient cause to you to keep her in continual close Prison By which words she could mean nothing else but pains of death Therefore we seeing on the one side how you have to the offence of mighty Princes advanced Religion with what tender care and more than motherly Piety you have always cherished us the Children of this Land with what Honour and Renown you have restored the ancient Rights of the Crown with what Peace and Justice you have governed and with what store and plenty you have raigned over us On the other side seeing that this Enemy of our Felicity seeks to undermine the Religion c. to supplant us and plant Strangers in the place to transfer the Rights of the Crown to that Italian Priest and the Crown to her self or some other from you and therefore lyeth in continual wait to take your life c. Therefore we pray you c. for the Cause of God his Church this Realm our selves and your self That you will no longer be careless of your life our Soveraign safety nor longer suffer Religion to be threatned the Realm to stand in danger nor us to dwell in fear but as Justice hath given rightful Sentence c. so you will grant Execution That as her life threatneth your death so her death may by Gods favour prolong your life and that this evil being taken away from the Earth we may praise God for our deliverance and pray him for our continuance And with the Psalmist say Dominus fecit Judicium and the ungodly is trapped in the works of her own hand And so pray God to incline her heart to our just desires c. Which short Note seemeth to be thus impersectly set down by the said Speaker only to put him in mind to end and shut up his Speech with some short Prayer to the said purpose Nota That all the several passages of this Saturday are supplied out of a very authentick Copy which I had containing the said reasons delivered by the said Speaker and partly out of the Original Journal-Book of the Upper House being wholly omitted in that of the House of Commons as is also her Majesties Answer which because it is printed at large by Mr. Cambden in Annal. Regin Eliz. edit Lugd. Batav Anno Dom. 1625. pag. 466 467 468. and elsewhere it would be needless to insert it here or any part thereof and the rather because some heads thereof are shortly remembred on Monday next following On Monday the 14 th day of November Mr. Speaker made report to the House of his Message done from this House to her Majesty which see on Saturday last foregoing and also of her Majesties most grateful acceptation of the same and of her Highnesses Answer thereunto but what her Majesties said Answer was is wholly omitted in the Original Journal-Book of the House of Commons although Mr. Fulk Onslow at this time Clerk thereof had left the entire 187. leaf of the said Journal a blank for the entring or inserting of it Yet it will not be amiss although the said Answer be extant in print as is abovesaid briefly to touch the heads thereof Which were her Majesties thankful acknowledgment for her many miraculous preservations that she was most grieved that so near a Kinswoman as the Queen of Scots had conspired to take away her life That the Law lately made which seemeth to have been that for the preservation of her Majesties person passed the last Parliament was not enacted to intrap the said Queen as some had pretended but only to deter her from such wicked practices That her Tryal had been just and honourable And lastly that she thanked them for their care of her safety and desired them a while to expect her further and final Answer Mr. Vice-Chamberlain affirming the Report of Mr. Speaker to be very true in all the parts of the same and well and faithfully delivered by him to this House and very much also commending his delivery of the Message of this House to her Majesty upon Saturday last at the Court in such dutiful and due sort as all this whole House had he said very good cause to yield him very hearty thanks for the same and therefore required them so to do which they so then did in very loving and courteous sort And he further shewed That he had something more to add to the said Speech reported by Mr. Speaker not of any thing delivered unto him upon Saturday by her Majesty but of something then omitted and forgotten by her Majesty albeit both before purposed by her Highness and then and yet still intended to be signified unto this House and which he himself that morning was commanded by her Majesty to signifie unto them which was That her Highness moved with some commiseration towards the Scottish Queen in respect of her former Dignity and great Fortunes in her younger years her nearness of Kindred to her Majesty and also of her Sex could be pleased to forbear the taking of her Blood if by any other means to be devised by her Highnesses great Council of this Realm the safety of her Majesties own Person and of the State might be preserved and continued without peril or danger of ruine and destruction and else not
of 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
countenancing Monsieur with Money at Cambray with sending her Nobility with him into the Low Countries with the actions of Sir Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navarr to extirp him but their drift is to ruinate Religion not only there but to set upon and to work the ruine of it here also Wherein the King of Spain and Guise are now very busie Their malice is the more for executing the Scottish Queen but their hope is the less The King of Spain his designments are to invade England and Ireland His Preparation Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua One Galliass with six hundred armed men from the Duke of Florence Twelve thousand men maintained by Italy and the Pope Six thousand by the Spanish Clergy Twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the blood of the Nobility and the blood of many Subjects They practise to frame Subjects against all duty and bring in Doctrine of lawfulness and merit to kill the Queen and have sent their Instruments abroad to that purpose Two manner of forces are to be handled Assistance to the Low Countries defence by force otherwise That God may assist us in Justice in Right in Defence against those Princes The assistance is acceptable that will be profitable Her Majesty oweth relief there in Honour according to the Leagues especially between us and the House of Burgundy which Leagues differ from Leagues growing between Prince and Prince for they grew between the people and this State We are bound to help them in Honour according to the Leagues Many Marriages and many Secrecies have been long between us and the relieving of the afflictions of that people may not be omitted The heads of their miseries are The Spanish Inquisition by Placard using strange tortures not to be suffered great impositions without and against Law sending some of their people into Spain and there tyrannized over their Noblemen done away taking their Towns and setting Tyrants over them to use them like Dogs The purpose was to bring the Low Countries into a Monarchal seat and then vae nobis The Queens dealing there is warranted by God The Queen is occasioned of necessity for safety of her Dominions and us that that Country may be preserved that the English Commodities may be vented there with readiness with safety and with profit the recovery thereof will be good for this Country and Crown it may not be suffered that a Neighbour should grow too strong he uttered that as though it were not meet another Prince should have it for examples whereof he commended the Princes of Italy and especially the Duke of Florence for using that policy Henry the 7 th for aiding the Duke of Brittany with eight thousand men rather than the King of France after he had found great friendship of them both that the King of France might not grow too strong The King of Spain seeketh to be yet greater for he hath already a Seat in Council amongst the Princes of Germany by reason of Territories his Father got there And if he could he would frame the Low Countries to his desire As to the pretence of Injuries before remembred As to the first going over her Majesty misliked it and punished some of the Captains he named Sir Humfrey Gilbert for one Concerning Monsieur the first time her Majesty drew him from proceeding for the Low Countries The second time she consented that he should only assist the Low Countries which Monsieur afterwards abused contrary to her Majesties meaning Concerning M r Drakes first Voyage her Majesty knew it not and when he came home she seized the whole Mass of Substance brought by him to satisfie the King of Spain if cause so required and thereupon desired Certificate for Invasion into Ireland Concerning M r Drake's last Voyage it was to meet with the restraints and seisures in Spain and their purpose of War was thereupon discovered for there was found by the Master of M r Bonds Ship who took the Corrigedore and others a Commission from the King of Spain whereby he termed us his Rebels as he termed the Low Countries He then remembred another grievance not touched before which was the entertaining of Don Anthony Which he answered to be done in Honorable Courtesie because of his State who was a King anointed and crowned though his seat was not long untroubled and coming hither in honourable and courteous manner though something weakned required the entertainment he had Then he iterated that the great grief is Religion and said that all godly ones are bound to defend it He then said God endue us to fear him and all things shall prosper He said her Majesty protesteth sincere service to God and to leave the Crown in peace c. commended her courage against their malice esteeming it not less than the stoutest Kings in Europe M r Chancellor of the Exchequer after M r Vice-Chamberlain his speeches ended remembred some of the former and inferred and so concluded that the great preparations of War which was fit speedily to be thought of and provided would grow chargeable and therefore thought it fit with expedition that the House should appoint a convenient number of the same to set down Articles for a Subsidy Whereupon are appointed Committees for concluding and drawing of Articles for the Subsidy and other great Causes all the Privy Council being of this House the first Knight for every Shire and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon One Bill lastly being for the better payment of Debts and Legacies by Executors and Administrators was read the first time On Thursday the 23 d day of February three Bills of no great moment had each of them one reading of which the first being the Bill against delay of execution in Actions of Debt was read the first time The Committees appointed for Conference touching a Loan or Benevolence to be offered to her Majesty are M r Francis Bacon M r Edward Lewkenor and others On Friday the 24 th day of February four Bills of no great moment had each of them one reading of which the last being a Bill to avoid many dangers touching Records of Fines levyed in the Court of Common Pleas was upon the second reading committed unto M r Recorder of London M r Morrice M r Drew and others and the Bill was delivered to M r Recorder who with the rest was appointed to meet in Serjeants-Inn in Fleetstrect on Saturday next at two of the Clock in the Afternoon Sir Thomas Scot Sir Henry Knyvet M r Thomas Knyvet and M r Topclyffe are appointed by this House to search
glory of God and our true and loyal service to our Prince and State For I am fully perswaded that God cannot be honoured neither our NoblePrince or Commonweal preserved or maintained without free speech and consultation of this Honourable Council both which consist upon the liberties of this Honourable Council and the knowledge of them also So here are the questions M r Speaker I humbly and heartily beseech you to give them reading and God grant us true and faithful hearts in answering of them for the true faithful and hearty service of our merciful God our lawful Prince and this whole and worthy Realm of England will much consist hereafter upon the answer unto these Questions Wherefore it behoveth us to use wise grave and godly considerations in answering of them Therefore the Lord direct our tongues that we may answer them even with his spirit the spirit of wisdom without the which our wisdom is nothing else but foolishness The Questions follow Whether this Council be not a place for any Member of the same here assembled freely and without controllment of any person or danger of Laws by Bill or speech to utter any of the griefs of this Commonwealth whatsoever touching the service of God the safety of the Prince and this Noble Realm Whether that great honour may be done unto God and benefit and service unto the Prince and State without free speech in this Council which may be done with it Whether there be any Council which can make add to or diminish from the Laws of the Realm but only this Council of Parliament Whether it be not against the Orders of this Council to make any secret or matter of weight which is here in hand known to the Prince or any other concerning the high service of God Prince or State without the consent of the House Whether the Speaker or any other may interrupt any Member of this Council in his Speech used in this House tending to any of the forenamed high services Whether the Speaker may rise when he will any matter being propounded without consent of the House or not Whether the Speaker may over-rule the House in any matter or cause there in question or whether he is to be ruled or over-ruled in any matter or not Whether the Prince and State can continue stand and be maintained without this Council of Parliament not altering the Government of the State At the end lastly of the said Speech and Questions is set down this short Note or Memorial ensuing By which it may be perceived both what Serjeant Puckering the Speaker did with the said questions after he had received them and what became also of this business viz. These questions M r Puckering pocketted up and shewed Sir Thomas Heneage who so handled the matter that M r Wentworth went to the Tower and the questions not at all moved M r Buckler of Essex herein brake his faith in forsaking the matter c. and no more was done After the setting down of the said Business of M r Wentworth in the Original Journal-Book there followeth only this short Conclusion of the business of the day it self viz. This day M r Speaker being sent for to the Queens Majesty the House departed On Thursday the 2 d day of March M r Cope M r Lewkenor M r Hurlston and M r Bainbrigg were sent for to my Lord Chancellor and by divers of the privy Council and from thence were sent to the Tower Vid. Febr. 27. antea The Bill for explanation of the Law touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto they or any of them be parties was read the third time and passed upon the Question It is ordered That all the Committees appointed before to meet about the Bill for the delay of execution of Justice shall meet about the same to morrow in the Forenoon above in the Room of this House in the time of the reading of the Subsidy See these Committees names on Munday the 27 th day of February foregoing Three Bills of no great moment had each of them one reading of which the last being the Bill for continuance of Statutes was read the first time The Bill last past touching Fines and Recoveries c. was sent up to the Lords by M r Treasurer and others A Proviso offered by M r Recorder of London to be inserted in the Subsidy for saving the liberties of the Officers of the Mint had its first reading On Friday the third day of March four Bills of no great moment had each of them one reading of which the last being the Bill against the abuses of Purveyors was read the second time and committed unto all the Privy Council of this House Sir John Cutts Sir William Moore Sir Thomas Scott and others and the Bill was delivered to M r Chancellor who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber On Saturday the 4 th day of March Sir John Higham made a motion to this House for that diverse good and necessary Members thereof were taken from them that it would please them to be humble Petitioners to her Majesty for the restitution of them again to the House To which Speeches M r Vice-Chamberlain answered That if the Gentlemen were committed for matter within the compass of the priviledge of this House then there might be a Petition but if not then we should give occasion of her Majesties farther displeasure and therefore advised to stay until they heard more which could not be long and further he said touching the Book and the Petition her Majesty had for diverse good causes best known to her self thought fit to suppress the same without any further examination thereof and yet conceived it very unfit for her Majesty to give any account of her doings This Book and Petition touching the Ecclesiastical Government and for reformation of matters in the Church were delivered to the Clerk of the Parliament or the Speaker by M r Cope on Munday the 27 th day of February foregoing who with M r Lewkenor M r Hurlston and M r Bainbridgg spake in the commendation of them and desired they might be read Whereupon the said M r Cope with the other three were on Thursday the second day of this instant March foregoing sent unto the Tower and for the setting them at liberty it was that Sir John Higham made the motion foregoing which M r Vice-Chamberlain did answer with this supposition only that they might perhaps be committed for somewhat that concerned not the business or priviledge of the House But whatsoever he pretended it is most probable they were committed for intermedling with matters touching the Church which her Majesty had so often inhibited and which had caused so much disputation and so many meetings between the two Houses the last Parliament in Anno 27 Reginae Eliz. Anno Domini 1584. vide 13 Mar. sequentem A motion
made by M r Speaker to the House for giving leave to M r Dillington a Member of this House to depart into his Country for his service there which was then granted The Bill for Regrators of Barley had its second reading and a Proviso to the same Bill presently after that was twice read and the Bill was committed unto Sir Henry Cock M r Salkington M r Alford M r Aldersey and others and the Bill and Proviso was delivered to the said Henry Cock who with the rest was appointed to meet upon Monday next in the Afternoon in the Guild Hall On Munday the 6 th day of March the Bill for continuance of Statutes with the Proviso was read the second time and committed unto all the Privy Council of this House M r Sollicitor Sir William Moore Sir Thomas Browne and others who were appointed to meet to morrow in the Afternoon in the Exchequer Chamber The Bill for Orford-Haven was upon the second reading committed unto Sir Robert Jermin and others to meet to Morrow at the Guild Hall The Bill for bringing in of Fish into this Realm was upon the second reading committed unto M r Recorder M r Sandes M r Grice M r Dalton the Burgesses of the Cinque-Ports and others who were appointed to meet to Morrow in the Afternoon at the Guild Hall and the Committees also for the Bill of Ingrossers to meet at the same time and place Mr. Chancellor of the Exchequer moved that the Bill for the Purveyors should be further considered by the Committees this Afternoon in the Exchequer Chamber and further he moved that the Committees would at the same time and place meet for the further consideration of the benevolence that was offered to her Majesty in respect of the great charges her Majesty is to sustain in the Low Countries Mr. Gresham hath Licence to depart into his Country This day William White was brought into the House to answer his contempt for arresting of Mr. Martin a Member of this House who answered that he caused him to be arrested the 22 d day of January which was above fourteen days before the beginning of the Parliament The House ordered that the Precedents should be sought and thereupon proceeding should be had according to the direction of the House and referred to the report of Mr. Morrice Mr. Recorder Mr. Cromwell and Mr. Alford On Tuesday the 7 th day of March the Bill for the Subsidy was read the third time and before the rising of the House this morning was sent up to the Lords by Mr. Treasurer and others The Bill for the Attainders was brought in again by the Committees with a Proviso for M r Inglefeild Item another Proviso for the Lord Lumley The Bill was brought in again by the Commit tees for Purveyors with Amendments which Bill with the Amendments was upon the second reading committed to be ingrossed The Bill for restraint of Horse-Stealing and other Beasts sent from the Lords by M r Serjeant Gawdie and Mr. Attorney had its first reading and was delivered to Mr. Morrice It is Ordered That Edward Fisher now remaining Prisoner in the Fleet shall be brought to this House to Morrow to Answer such things as shall be objected against him Vide on Thursday the 9th of March following Mr. Stoverd Burgess for Woodstock hath leave to depart about his necessary business Sir Thomas Scott and his Son have leave to depart On Wednesday the 8 th day of March Mr. Stoughton and Mr. Wallop had Licence from the House to depart Three Bills of no great moment had each of them their first reading of which the first was a Bill for the true performance of the last Will of Sir James Harvey The Bill for Confirmation of Attainders brought in again by the Committees and now again upon divers reasons upon the reservations committed to the former Committees and all that will may come to the Committees Vide the said Committees on Saturday the 25 th day of February foregoing The said Committees to meet this Afternoon in the Exchequer Chamber This day the Bill for Orford-Haven was brought in again by the Committees Nota There was a former Bill for Orford-Haven in the County of Suffolk read in the first meeting of this Parliament and committed on Monday the 7th day of November last past which it seemeth being disliked by the said Committees was rejected and a new Bill brought in again this second meeting of the same upon Friday the 24th day of February foregoing and lastly committed again after the second reading upon Monday the 6th day of this instant March last past Upon a Motion made by Sir John Higham that it were convenient to have the Amendment of some things whereunto Ministers are required to be sworn and that some good course might be taken to have a learned Ministry it was thought sit that some convenient number of this House might be appointed to confer upon some reasonable Motion to be made unto her Majesty for redress in these things Whereupon these persons ensuing were appointed viz. All the Privy Council of the House Sir John Higham Mr. Sollicitor Mr. Recorder Mr. Dr. Lluen Sir Henry Cock Sir Robert Jermin Mr. Doctor Cosins Sir Thomas Browne Mr. Brograve Mr. Beale Mr. Fortescue Mr. Richard Browne Sir William Moore the Master of the Requests Mr. Wroth Mr. Morrice Mr. Conisby Mr. Tasborough Mr. Fanshaw Mr. Hastings Sir Richard Knightley Mr. Bronker Mr. Amersham Mr. Hearly Mr. Francis Baker Mr. Stanhop Sir Walter Rawleigh Mr. Saunders Mr. Thomas Farmer and Mr. William Fleetwood Thomas Stampe Esquire one of the Burgesses for Wallingford in the County of Berks is licensed by Mr. Speaker to be absent for his necessary affairs On Thursday the 9th day of March Thomas Hudson Esquire Burgess for the Town of Barnstable in the County of Devon ' is for his necessary affairs licensed to depart also for the Service of her Majesty to be imployed in causes of Musters with the Earl of Bath her Majesties Lieutenant of the said County The Bill for Orford-Haven with the Amendments brought in by the Committees was by the House Ordered to be ingrossed Two Bills also had each of them one reading of which the last being the Bill for Fines was read the second time and committed with the Bill for Errors in Fines unto Mr. Serjeant Snagg M r Sollicitor Mr. Lewkenor and others to meet this Afternoon at two of the Clock at Serjeants-Inn Hall in Chancery-lane The Bill for Confirmation of Attainders was brought in again by the Committees with the Addition which being twice read was Ordered by the House to be ingrossed Vide the said Committees on Saturday the 25th day of February foregoing This day Edward Fisher by vertue of her Majesties Writ was brought into the House to Answer divers his misdemeanors as well for indirectly taking away as imbezelling certain Evidences remaining in a Cubbard which was locked and sealed up by Mr. Recorder and others Vide on Tuesday
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
as two for one place and one for two places and other corrupt courses in sundry of the Returns to the great prejudice both of the liberties and also of the service of this House It is ordered that it be committed unto Sir William Moore Sir Edward Hobby M r Edward Dyer M r Cromwell M r Recorder of London M r Alford M r Francis Hastings Sir Edward Dymock M r Robert Markham M r Lieutenant of the Tower M r Rowland Watson Clerk of the Crown and that he do attend as well with the Returns of the Sheriffs as with his own Book of the same Returns certified by him into this House and to meet in the Exchequer Chamber upon Monday next at three of the Clock in the Afternoon And upon a further motion made by M r Humphrey Conisby for due consideration to be had that the Members of this House may give their better attendance in this House hereafter than hath been of late accustomed This matter is also referred to the said former Committees and the said M r Conisby added unto them The Bill touching Informers and Informations upon Penal Statutes was read the second time and committed unto all the Privy Council of this House M r Recorder Sir William Moore M r Grafton and others who were appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon On Monday the 10 th day of February the Bill touching the benefit of Clergy in some cases of Offenders was upon the second reading committed unto M r Cromwell M r Secretary Wolley and others who were appointed to meet in the Star-Chamber upon Wednesday next at two of the Clock in the Afternoon Upon a motion this day made by M r Treasurer that M r Robert Knowles Esquire being returned into this House both Knight for the County of Brecknock and also one of the Burgesses for the Town of Reading and hath made his choice to appear as Knight of the said County of Brecknock It is ordered that a Warrant from this House be directed to the Clerk of the Crown for another Writ to choose another Burgess for the said Town of Reading in the lieu and stead of the said Robert Knowles Upon motions also made for some Burgesses returned into this Session and which are sick and desirous to have others to serve in their places to be returned upon new Writs partly by Certificate of the same parties under their hands and partly by report of some of the Members of this House It is ordered after sundry arguments that this Case be considered of by the foresaid Committees this Afternoon whose names see before on Friday the 7 th day of this instant February and Sir Francis Godolphin Sir Henry Cobham M r Francis Bacon M r Francis Moore and M r Fane are now added unto them A Bill that Lands Intailed and Copy-hold Lands may be liable to the payment of debts was read the first time and after sundry Arguments rejected upon the question On Tuesday the 11 th day of February a Bill touching the pursuit of Hue and Cry was read the first time M r Treasurer in the name of himself and of the residue of the Committees whose names see before on Friday the 7 th day of this instant February for examination of the Returns and attendance of the Members of this House doth shew that they met yesterday in the Afternoon and having conferred together about those matters were of opinion that this House is to take notice of all Returns only in such sort as the same shall be certified unto this House by the Clerk of the Crown in the Chancery and not otherwise without any intermedling at all with any business of the Sheriffs or of any others in making the Election of any such Member to be Knight Citizen Burgess or Baron but yet that this House hath nevertheless authority in cases where no Return is made at all to direct their Warrant under the hand of M r Speaker unto the said Clerk of the Crown Office for her Majesties Writ to go forth for chusing and returning any Knight Citizen Burgess or Baron into this House in every such Case where any such shall not before happen to be returned at all And further that upon Conference they do find that no new Knight Citizen Burgess or Baron hath been chosen in the place of another being sick unless the sickness be irrecoverable in all likelihood as Frensy or such like And moreover where in the Return of the Burgesses for the Borough of Appleby in the County of Westmerland it appeareth that in the Indenture returned being razed in the sentence of Election Laurence Lister and Thomas Musgrave are named Burgesses and in the sentence for giving them authority being likewise razed Robert Warcop and Anthony Felton are named with the former hand they do think it convenient upon the insufficiency and uncertainty thereof that a new Writ be granted for chusing of new Burgesses for the said Borough and the said former Return not yet received of Record to be utterly disallowed Which opinion of the said Committees in every behalf was well liked of by this House And that as concerning better attendance to be given hereafter by the Members of this House for the service of the same House they think it meet to be redressed by way of Fines or Amerciaments to be inflicted upon such the Members of this House as upon the calling of the House or otherwise shall be found to make such default or to be much or long absent from the service of this House without Licence or some reasonable cause to be shewed for the same Which course was also well liked and allowed of by this said House And after this report made by Mr. Treasurer M r Speaker putting the House in remembrance of some persons already in this present Session allowed by this House to be returned into the place of some others sick and the Warrants already gone out for the same being repugnant directly to one part of the said report now allowed and liked of by this House doth desire to know the further resolution of this House touching those persons so now to be newly returned upon the said Warrants And after some Speeches thereof had not throughly digested Mr. Chancellor of the Exchequer stood up and offering to speak of some great matter but yet without prejudice to the due consideration of the things then in disputation as very necessary but yet to be referred to another time putteth the House in mind of the prosperous and quiet state of this Realm under her Majesties most happy and Blessed Government by the space now of thirty years But what should here follow is very negligently omitted especially there being almost three entire blank pages left for the inserting of it but it may probably be conjectured that the chief end and scope of his Speech was as to set forth the Excellency and Justice of her Majestres
Government so also to demonstrate the great Malice and Cruelty of the King of Spain backed and assisted by so many Potent Allies and that therefore it would be most necessary that some timely consultation be had for speedy preparation to be made whereby to resist all his future attempts And that lastly he did thereupon move the House to think of some supply to be given to her Majesty both in respect of her late great Charges and also for the better enabling her to provide for the future safety of her Highness Dominions And that the latter part of the foresaid Speech of Sir Walter Mildmay Chancellor of the Exchequer was touching some Aid to be given to her Majesty it is most probable in respect that the next business which is set down to have followed at the end of his said Speech is the appointing of these Committees following to consider of a Bill of Subsidy to be framed for her Majesties Aid viz. All the Privy Council being of the House the first Knight returned for every Shire and in the absence of the first the second M r Cromwell Sir Edward Dyer M r Morrice M r Beal M r Ancon Mr. Recorder of London Mr. Skinner Mr. Doctor Lewin Mr. William James Mr. Fairfax Mr. Thomas Liefield Mr. Arthur Throckmorton Mr. Fleming Mr. Thomas Hamman Mr. Robinson Mr. Michaell Sands Mr. Rugg Mr. Tasborough Mr. George Moor Mr. Richard Brown Mr. York Mr. Walter Jones Mr. Cope Mr. Alford Mr. Grimston Mr. Finns Mr. Bacon Sir Henry Gray Mr. Owtred Mr. Aldersey Mr. Hutton Mr. Humphrey Conisbie Mr. Robert Sackvile Mr. John Stubbs Mr. William Brunker Mr. Tanfield Mr. Fanshaw Mr. Vivian Mr. Davers Mr. Sands and Mr. Weeks who were appointed to meet this Afternoon at three of the Clock in the Exchequer Chamber Vide Febr. 17. The Committees touching Informers whose names see on Saturday the 8 th day of this instant February foregoing are deferred to Friday next in the Afternoon which had been appointed on the foresaid Saturday to have met this Afternoon M r Speaker moved the House in the behalf of M r Fulk Onslow the Clerk of the same that having of late been long sick and yet somewhat recovered albeit but weak still and sickly and enjoying his Office by Letters Patents of the Grant of her Majesty to exercise the same by himself and his sufficient Deputy or Deputies it might please this House in his absence if he shall happen in regard of his health and necessary ease sometimes to withdraw himself from the exercise of his Office in this House in his own person to accept therein the attendance and service of such of his own Clerks or Servants as before his intermedling therein within this House shall first have taken the Oath usually ministred unto all the Members of this House And thereupon it was so granted and assented unto by this whole House accordingly On Wednesday the 12 th day of February Two Bills of no great moment had each of them their first reading of which the first was the Bill touching Orford-Haven in the County of Suffolk Upon a Motion made unto this House by M r Puleston Esquire returned into this House Knight for the County of Flynt that William Aylmer Esquire did since the beginning of this Session of Parliament cause a Subpoena to be served upon him out of the Court of Star-Chamber to the prejudice of the Liberties and Priviledge of this House to Answer unto a Bill there containing almost forty sheets of paper and so praying the Order of this House offereth forth a Precedent of this House under the hand of the Clerk of this House heretofore in a like Case between one M r Alban Stepneth a Member of this House and M r Anthony Kirle Gent. which said Case was discussed in the Parliament de Anno 27 Reginae Eliz. on Wednesday the 10 th day and on Thursday the 11 th day of February which Precedent being read by the Clerk it was after some Speeches resolved that the said M r Aylmer should be called into this House by the Serjeant to Answer the said matter Whereupon the said Mr. Aylmer being brought to the Bar M r Speaker in the name of this House charged him with the said contempt and required his Answer thereunto who in all reverent and humble sort shewed that the said Bill whereupon the said Subpoena was awarded did concern a wrong not only unto her Majesty but also unto this honourable House in an indirect course of proceeding in the Election of the Knights for the County of Denbigh into this present Parliament procured by the said M r Puleston and so intimating that the said Bill and serving of the said Subpoena did tend to the maintenance he well hoped of the Liberties and Priviledges of this House he was sequestred the House and the said Mr. Puleston likewise and then after some further Speeches had it was partly withal for the good opinion that many Members of this House did conceive of the said Mr. Aylmer being oftntimes heretofore a Member of this House and an honest and grave Gentleman resolved that the said Cause with the circumstances thereof comprehended in the said Bill should be considered of by some Committees of this House and so afterwards report to be made of the same accordingly And that the said Mr. Aylmer should then give his attendance upon the said Committees and presently withal be left to his own liberty free from any Custody or restraint of the Serjeant of this House and shall also be charged by M r Speaker in the name of this whole House to surcease his said Suit and proceeding against the said Mr. Puleston in the mean time And thereupon Mr. Vice-chamberlain Mr. Recorder of London Sir William Moor Sir Edward Hobby Mr. Cromwell Sir Edward Dymock Mr. Wroth Mr. Francis Bacon Mr. Grymston Mr. Conisby Mr. Morgan Mr. Morrice Mr. Cook and Mr. Harris were nominated for that purpose and appointed to meet upon Saturday next at two of the Clock in the Afternoon And then the said Mr. Aylmer being brought in again to the Bar Mr. Speaker signifyed unto him the said Order of this House in that behalf discharging him from the Custody of the said Serjeant and requiring him to give his attendance upon the said Committees at the said time and place accordingly and also to forbear any further to proceed in the mean time against the said Mr. Puleston Whereunto he willingly assented Two Bills of no great moment had each of them one reading of which the second being the Bill to avoid the abuses grown in forestalling regrating and ingrossing was read the second time and after many Speeches and Arguments had upon the same was committed unto Sir Valentine Dale Master of the Requests Mr. Recorder of London Sir Edward Dymock and others who were appointed to meet upon Monday next in the Afternoon at two of the Clock in the Star-Chamber The Committees in the Bill touching Clergy in some
speak to any prejudice of the said motion but putting the House in remembrance of their charge given unto him and others for Conference to be had touching some convenient supply of Treasure to be had and levyed for the necessary defence of her Majesty and this Realm now presently in danger of such mighty and great enemies as erst of late hath been at large delivered unto this House by some Members of the same declared unto them that he and the greater part of the residue of the Committees therein though divers of them did not give that attendance therein which so great and weighty a cause doth require have met and had Conference together about the same four several times and that at the last and fourth time of their said conference they resolved upon such an extraordinary proportion of provision as they thought the present extraordinary occasion of necessity doth require and that they did set the same down in writing which he also moved might be read unto them to the end that if it might upon the reading thereof stand with their good liking to allow of it and give their assents unto it M r Speaker might then deliver it to her Majesties learned Councel to have the same framed into the form of a Bill to be proceeded in and past in this House and shewed further that as the grant of this Contribution is greater than hath been heretofore for the most part ordinarily used to be granted the present necessity so requiring it so thinking good amongst them it should not hereafter be an occasion of a Precedent to posterity for the like without like cause divers of them were of opinion that some meet words to such effect might be inserted in the Preamble of the Bill And shewed further that one of the Committees to wit M r Francis Bacon had for that purpose set down a Note in Writing which he said if it pleased them they might also hear read and afterwards if they so thought good might also be delivered to her Majesties said learned Councel likewise with the said other note and that withal the said M r Bacon might repair to her Majesties said learned Councel for the further proceeding therein with them if this House should so think good Whereupon the House liking well of this motion both the said Notes in writing were read by the Clerk and afterwards agreed by the whole House that the same Notes should be forthwith delivered by M r Speaker to her Majesties said learned Councel accordingly and the said M r Bacon also to repair unto them Sir Henry Knyvet entreth into Speech of some recital of the said grief of the said Sir Edward Hobby and well liking and allowing of due consideration to be had thereof by this House reciteth very briefly the whole substance in effect both of the said first Speech of the said Sir Edward Hobby and also of his said late Motion and giving due commendation of the same his first Speech and also of his said protestation of excuse urgeth the present reading and proceeding of the said Bill withal speed Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to Commitment it was upon the question Ordered that the same Bill should be presently read accordingly The Bill Quo titulo ingressus est was read the second time and after sundry Speeches and Motions deferred to further Argument to be had upon the same Bill again to Morrow The Bill touching Informers and Forestallers were delivered to Mr. Cromwell one of the Committees And also the report of the Committees in the cause between Mr. Puleston and Mr. Aylmer upon a Motion made by Mr. Nicholas Hare is likewise deferred until then for lack of convenient time for the same now Vide concerning this matter on Wednesday the 12 th day of this instant February foregoing On Tuesday the 18 th day of February Four Bills of no great moment had each of them their first reading of which the last was the Bill for the relief of Thomas Haselrigge Esquire Sir Edward Dymock Mr. Clark and Mr. Peter Osburn arguing to the Bill of Quo titulo read the second time in the latter part of the day foregoing do each of them hold Sir Edward Hobby free and thereby excused of any such Speeches touching the higher Officers of the Exchequer as he had been charged with and rebuked for And the whole residue of their Arguments shew no misliking at all of his simile's or words used in the setting forth of the said Bill Whereupon after sundry other Disputations of other Members of this House had upon the said Bill it was at last upon the question committed unto Mr. Chancellor of the Exchequer Sir John Parrot Mr. George Moor Mr. Sutton Sir Edward Dymock and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Serjeant Shuttleworth and Mr. Doctor Awberry do bring from the Lords a Bill Intituled An Act providing remedy against discontinuances in Writs of Error in the Exchequer and Kings Bench. Mr. Speaker noting the great disorder in this House by some that standing up and offering to speak sometimes three or four together and persisting still without offering to give place one of them to another knowing well nevertheless which of themselves did first stand up and so by the Order of this House ought to be first heard but yet expecting by Acclamation of the residue of the House growing for the most part to a great confused noise and sound of senceless words do stand still continuing their offer to speak first and do also many times in their Motions and Arguments utter very sharp and bitter Speeches sometimes rather particularly offensive than necessarily with such great vehemency delivered putteth them in remembrance that every Member of this House is a Judge of this Court being the highest Court of all other Courts and the great Council also of this Realm and so moveth them in regard thereof that as in all other Courts being each of them inferiour to this high Court such confused courses either of contention acclamations or reciprocal bitter and sharp Speeches terms or words are not any way either used or permitted amongst the Judges of the said Inferiour Courts or the Councellors admitted in the same Courts so they would hereafter forbear to attempt the like disorders as the honour and gravity of this House justly requireth Upon a Motion made by Mr. Vice-Chamberlain that the Committees in the Bill for Purveyors appointed on Saturday the 15 th day of this instant February foregoing do meet again this Afternoon at three of the Clock And also that the report to be made by him touching the dealing of the Committees in the cause between Mr. Puleston and Mr. Aylmer be deferred till to Morrow in the Afternoon On Wednesday the 19 th day of February Mr. Serjeant Walmesly one of the Committees in the Bill touching the abridging
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
Westminster It is agreed that the Committees which were appointed to have met this day in the Afternoon about that matter in the Star-Chamber do meet in the Guild-Hall where the said Trussell may be brought before them with his Keeper without danger as it is thought of an escape in the said Execution The Bill for the assurance of the Jointure of Anne the Wife of Henry Nevil Esquire which was committed yesterday was this day delivered to Mr. Henry Savile one of the said Committees The Bill for the relief of George Ognell Esquire committed also yesterday was this day delivered to Mr. George Moor one of the said Committees John Cocks one of the Burgesses for the Borough of Bletchingly in the County of Surrey is for his especial affairs licensed to depart On Tuesday the 25 th day of February Three Bills had each of them one reading of which the first Mr. Cradock offereth unto this House being for continuance and perfecting of divers Statutes and praying the same might be read the same was thereupon then read accordingly for the first reading Mr. Francis Bacon one of the Committees in the Bill for the assurance of the Jointure of Anne the Wife of Henry Nevill Esquire sheweth that divers of the said Committees had met together in Conference about the said Bill and for certain considerations by him then alledged had amended something in the said Bill and also added something to the same Which Amendments and Additions being opened to the House and twice read accordingly the said Bill was afterwards upon the question Ordered to be ingrossed Mr. Recorder moved touching the want of one of the Barons of New Rumney in the County of Kent not returned into this House but yet he said duly Elected as he was informed under the Seal of the Corporation of the said Town of New Rumney And further shewing that he thought the Precedent thereof might tend to the prejudice both to the Liberties and also to the service of this House prayed consideration of this House therein Whereupon after sundry other Speeches and Argument to the like effect by others it was at last Ordered that the state of the Case should be further examined by the former Committees of this House appointed for such Cases of Returns as should happen to fall out during this present Session of Parliament Whose names then being read by the Clerk they were appointed to meet at the Rolls this present day at two of the Clock in the Afternoon and a note of the names of the said Committees was then delivered by the Clerk to Mr. Cromwell one of the said Committees Mr. Damport moved neither for making of any new Laws nor for abrogating of any old Laws but for a due course of proceeding in Laws already established but executed he thinketh by some Ecclesiastical Governour contrary both to the purport of the same Laws and also to the minds and meanings of the Law-Makers to the great hurts and grievances of sundry her Majesties good Subjects and so offereth some particularities in writing to the effect he said of his Motion praying the same might be read and committed to be further considered of and dealt in as this House should think good M r Secretary Wolley putteth the House in remembrance of her Majesties express inhibition delivered to this House by the Mouth of the Lord Chancellor at the beginning of this Session of Parliament touching any dealing with Ecclesiastical Causes And shewed for his own part that he thinketh this House should incur contempt to her Highness if contrary to that inhibition they should deal in the said matter last moved Whereupon the said matter in writing was then received but not then read at all and was afterwards without any thing done more therein delivered back again by Mr. Speaker unto the said Mr. Damport upon Monday the 17 th day of March following in the Forenoon of the same day before the said Mr. Speaker went to the Parliament House M r Serjeant Shuttleworth and M r Doctor Clark do bring word from the Lords that their Lordships do desire that four or five of this House do confer with their Lordships touching a Bill for abridging of Proclamations to be had upon Fines to be levied at the Common Law lately passed this House and sent up unto their Lordships from this House It was Ordered that M r Secretary Wolley Mr. Recorder Mr. Cook Mr. Serjeant Walmesley Mr. Francis Bacon Mr. Morrice and Mr. Harris should presently wait upon their Lordships therein who so did thereupon accordingly The Bill concerning Process and Pleadings in the Court of Exchequer passed this day in this House was sent up to the Lords by Sir John Parrot and others with request to be made unto their Lordships from this House for their Lordships good and favourable expediting of the Bill for reformation of certain abuses by Purveyors lately sent unto their Lordships by this House Mr. Wroth moved for better attendance to be continued and used by the Members of the House in the service of the same House that none after the House is set do depart before the rising of the same House unless he do first ask leave of Mr. Speaker upon pain that every one hereafter doing the contrary do pay for every time six pence to the use of the Poor And it was thereupon assented unto by the whole House accordingly Two Bills of no great moment had each of them one reading of which the second being the Bill touching secret Outlawries was read the first time and upon further Motion read again for the second reading and committed unto Mr. Serjeant Walmesley Sir Henry Knyvet Mr. Cradock Mr. Cromwell Mr. Cooke and others who were appointed to meet at two of the Clock in the Afternoon at Serjeants-Inn Hall in Fleetstreet The Bill touching Writs of Covenant c. was upon the second reading committed unto Mr. Harris Mr. Drew Mr. Cooke Mr. Morrice Mr. Wroth and others who were appointed to meet at Serjeants-Inn Hall in Chancery-lane upon Thursday next at two of the Clock in the Afternoon Mr. Sollicitor and Mr. Doctor Cary do bring from the Lords the Bill for abridging of Proclamations to be had upon Fines to be levied at the Common Law lately passed this House with some Amendments viz. in the eleventh line between the word terms and the word next to put in the word holden and to put out the words following viz. unless it be c. and all the words following unto these words and that in the fifteenth line which being opened unto the House by Mr. Speaker the said Amendments were accomplished and perfected with all the due readings and passage of the same Bill so amended accordingly The Committees names in the Bill touching the free Grammar School of Tunbridge in the County of Kent appointed on Saturday the 22 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
accordingly M r Serjeant Puckering and M r Attorney General do bring word from the Lords touching the Motion made of this House in that behalf for M r Sollicitor his Attendance to be given in the service of this House being a Member of the same That their Lordships having had consideration of the said Motion of this House in that behalf are of opinion that the said M r Sollicitor is to continue his Attendance in the Upper House of Parliament and not in this House for that he was called by her Majesties Writ to serve and attend in the said Upper House of Parliament long before he was Elected or Returned a Member into this and also that the said M r Sollicitor by force of her Majesties said Writ had served in the said Upper House since the beginning of this said Session now already almost by the space of one whole Month. On Tuesday the 4 th day of March the Amendments in the Bill touching Writs of Covenant c. and a Proviso added were both twice read and upon the question Ordered to be ingrossed M r Grafion one of the Committees in the Bill for repealing of certain Statutes delivered in the Bill with some Additions and shewed the reasons and also delivered in both the Bill and the Additions Two Bills did each of them pass upon the third reading of which the first was against Common Informers and the second for the assurance of the Jointure of Anne the Wife of Henry Nevill Esquire in which there were several Amendments inserted All which Amendments being thrice read in the end after some Speeches had the Bill was palled upon the question which said Bill with another were sent up to the Lords by Mr. Vice-Chamberlain and others The Master of the Wardrobe one of the Committees touching Conference and search of Precedents for resolution to be had upon the Message of her Majesty delivered unto this House by a Committee of the Lords concerning the passing of the Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer sheweth that they have met and travailed in the said Commitment and so reciting some particularities of their proceedings doth refer the residue of the report thereof unto Mr. Cook one other of the said Committees who likewise setting down at large the whole travail of their search and Conference concludeth their resolution to be if the House shall so think good that in most humble and dutiful wise this House by their own Mouth Mr. Speaker do exhibite unto her Majesty the causes and reasons moving this House to proceed in the two said Bills in such sort as they had done which course after sundry other Speeches was thought fittest by this House to be prosecuted and best to stand with the Liberties and the honor of this House and resolved further that this their resolution might be imparted unto the Lords that with their Lordships good favours this House meant so to do And it was thereupon then also further thought good and prayed by this House that Mr. Vice-Chamberlain being a Member of this House would be pleased at the humble Petition of this House unto her Majesty to know her Majesties most gracious pleasure what number of this House her Majesty would vouchsafe to attend upon her Highness with Mr. Speaker and at what time Which resolution of the House touching their said course in proceeding in shewing unto her Majesty the causes and reasons of their dealings in the said Bills against the abuses of Purveyors and Process and Pleadings in the Exchequer in such sort as they have done was committed unto Mr. Vice-Chamberlain and such others of the House as were sent up with the two last mentioned Bills to the Upper House to signisie their said resolution at the same time unto their Lordships After which the Bill touching the gaging of Casks and other Vessels c. having been read the second time and committed unto Mr. Treasurer Mr. Wroth Mr. Alford and others Mr. Vice-Chamberlain and the rest returning from the Lords he shewed that according to the Commission of this House they had delivered the Message of this House unto those of the Committees of the Lords from whom the Committees of this House had before received this Message from her Majesty shewing them that this House by their Lordships good favours had determined to become Suitors to her Majesty to render unto her Highness the causes and reasons of their Proceedings in the said two Bills by the Mouth of Mr. Speaker And that thereupon he said they were then to hear but not to Answer And that afterwards this House should hear further from their Lordships Vide concerning these matters on Saturday the 15 th day on Monday the 17 th day and on Thursday the 27 th day of February foregoing as also on Thursday the 6 th day Saturday the 8 th day Monday the 17 th day of this instant March On Wednesday the 5 th day of March the Bill concerning Richard Southwell had its first reading Mr. Treasurer one of the Committees in the Bill against Pluralities and Non-Residents appointed on Saturday the first day of this instant March foregoing shewed the meeting and proceeding of the said Committees brought in the old Bill and also a new Bill shewing the reasons of making the same new Bill and doth in the names of all the said Committees pray a present reading of the same new Bill Whereupon the same was then read accordingly for the first reading Which done upon a Motion by sundry of this House for a second reading presently Mr. Treasurer shewed unto the House that all the residue of the said Committees likewise willed him in the name of them all to move this House for a second reading of the same Bill Whereupon the said Bill was read the second time and Ordered to be ingrossed The Bill for the maintenance of the Pier of Dover was read the second time and after sundry Speeches committed unto all the Privy Council being of this House Mr. Mills Mr. Alford Sir Edward Hobby and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber The Bill against Forestallers Regrators and Ingrossers was read the first time and upon further Motion read again for the second reading and upon the division of the House after the question it was upon another question after the same division with the yielding of the negative Voices Ordered to be committed unto all the Privy Council being of this House Mr. John Hare Mr. George Moor Sir William Moor Mr. Grimston Mr. Cromwell and others who were appointed to meet on Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir Thomas Throckmorton Knight one of the Knights returned into this present Parliament for the County of Gloucester having lain sick here in London is licensed to repair into the Country to his own House for recovery of his health On Thursday the 6
am to do this Office my present Speech doth tell that of a number in this House I am most unfit For amongst them are many grave many learned many deep wise men and those of ripe Judgments But I am untimely Fruit not yet ripe but a Bud scarcely blossomed So as I fear me your Majesty will say Neglectâ frugi eliguntur folia Amongst so many fair Fruit ye have plucked a shaking Leaf If I may be so bold as to remember a Speech which I cannot forget used the last Parliament in your Majesties own Mouth Many come hither ad consulendum qui nesciunt quid sit consulendum a just reprehension to many as to my self also an untimely Fruit my years and judgment ill besitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave them favour God who called them to the place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen Answered him M r Sollicitor Her Graces most Excellent Majesty hath willed me to signify unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness Elected you from others to serve her self But by this your modest wise and well composed Speech you give her Majesty further occasion to conceive of you above that which ever she thought was in you by endeavouring to deject and abase your self and your desert you have discovered and made known your worthiness and sufficiency to discharge the place you are called to And whereas you account your self Corpus opacum her Majesty by the Influence of her Vertue and Wisdom doth enlighten you and not only alloweth and approveth you but much thanketh the Lower House and commendeth their discretion in making so good a Choice and Electing so fit a Man Wherefore now Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings besides the long Peace we have enjoyed under your Graces most Happy and Victorious Reign and remembring with what Wisdom and Justice your Grace hath Reigned over us we have Cause daily to praise God that ever you were given us and the hazard that your Majesty hath adventured and the Charge that you have born for us and our safety ought to make us ready to lay down our selves and all our living at your Feet to do you service c. After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain who adhered unto him How wonderfully we were delivered in Eighty eight and what a favour God therein manifested unto her Majesty His Speech after this tended wholly to shew out of the History of England and the old State how the Kings of England ever since Henry the Thirds time have maintained themselves to be Supreme Head over all Causes within their own Dominions And then reciting the Laws that every one made in his time for maintaining their own Supremacy and excluding the Pope he drew down this proof by a Statute of every King since Henry the Third to Edward the Sixth This ended he came to speak of Laws that were so great and so many already that they were fit to be termed Elephantinae Leges Therefore to make more Laws it might seem superfluous And to him that might ask Quid causa ut crescant tot magna volumina Legis It may be Answered In promptu causa est crescit in orbe malum The malice of our Arch-Enemy the Devil though it were always great yet never greater than now and that Dolus Malum being crept in so far amongst men it was requisite that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties Preservation Now am I to make unto your Majesty three Petitions in the name of the Commons First That liberty of Speech and freedom from Arrests according to the Ancient Custom of Parliament be granted to your Subjects Secondly That we may have access unto your Royal Person to present those things that shall be considered amongst us Lastly That your Majesty will give us your Royal Assent to the things that are agreed upon But this said last Petition seems to have been mistaken by that Anonymus out of whom this said Speech is transcribed as aforesaid for this Petition is proper and usual at the end of a Sessions upon a Prorogation or of a Parliament upon a Dissolution when the two Houses have passed divers Acts which only want the Royal Assent to put life into them And doubtless the third Petition which should have ensued here was for freedom from Arrests for themselves and their necessary Attendants which being wholly omitted I have before caused to be inserted though more briefly in its proper place And thus this mistake being cleared the residue of the said Speakers Speech ensueth And for my self I humbly beseech your Majesty if any Speech shall fall from me or behaviour found in me not decent and fit that it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen made his Reply in which he first commended the Speaker greatly for it And then he added some Examples of History for the Kings Supremacy in Henr. 2. and Kings before the Conquest As to the deliverance we received from our Enemies and the Peace we enjoyed the Queen would have the praise of all those attributed to God only And touching the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without exception of persons and such a Prince she wisht they might always have To your three demands the Queen Answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech The one exercised in Invention and the other in uttering things invented Priviledge of Speech is granted but you must know what priviledge you have not to speak every one what he listeth or what cometh in his brain to utter that but your priviledge is I or No. Wherefore M r Speaker her Majesties Pleasure is that if you perceive any idle Heads which will not stick to hazard their own Estates which will meddle with reforming the Church and transforming the Common-Wealth and do exhibite any Bills to such purpose
Keeper having allowed and approved his Election the said Speaker having in a second Speech shortly touched her Highness happy and victorious Reign and somewhat largely proved the antientSupremacy of the Kings of England in Ecclesiastical matters did in the end of his said Speech make certain Petitions of course in the name of the House of Commons First For liberty of Speech Secondly For freedom from Arrests And thirdly For Access unto her Majesty And lastly For Pardon for himself if he should in any thing unwittingly be mistaken To which Speech the Lord Keeper having received new Instructions from her Majesty made a reply in particular to the several branches of the said Speakers Speech And to his three demands he Answered that liberty of Speech was granted in respect of the I and No but not that every one should speak what he listed And touching freedom from Arrests and Access to her Majesty he advised that they might be cautiously made use of Nota That none of these Particulars touching the Presentment of the Speaker are set down in the Original Journal-Book of the House of Commons but are abstracted out of another Journal of the same House taken by an Anonymous Member of the same during the Parliament mentioned at the beginning of this present Journal yet it appeareth plainly by the very Original Journal-Book it self Fol. 262. l. that the Prosocutor was this day presented to her Majesty where the words are as followeth viz. Jovis xxii do Febr. 92. This Day M r Speaker was presented unto her Majesty Which said words being only here a little otherwise placed for Order sake than there have a large Blank left at the end of them of somewhat above half a page with intention no doubt at the first to have inserted the whole manner of the proceeding both of this presentment and admission After the Return also of the Speaker now compleatly invested in that place with the rest of the House of Commons one Bill was read according to the usual form in that Case accustomed which is set down in the said Journal-Book in these words following viz. The Bill that a Bar at large may be pleaded in any Action of Ejectione firmae was read the first time M r Speaker immediately after the reading of this Bill and his opening of the contents of the same to this House shewed unto them from her Majesty that her Highness had Adjourned mistaken for continued the Higher House till Saturday next And also that her Majesties pleasure likewise was that this House should therefore be Adjourned till the same time which being so done accordingly this House did then rise and every man went away On Saturday the 24 th day of February the House being set and a great number of the Members of the same assembled M r Speaker not then as yet being come to the House some of the House said one to another they heard he was sick And one affirmed it to be so indeed shewing that he had been with him this Morning himself and left him sick in his Bed and his Physician and his Wife with him and some others supposing that he would shortly signify unto this House the Cause of that his absence moved that the Clerk might in the mean time proceed to saying of the Litany and Prayers Which being so done accordingly the Serjeant of this House presently after the said Prayers finished brought word from M r Speaker unto the Right Honourable Sir John Woolley Knight one of her Majesties most Honourable Privy Council and a Member of this House and then present in the same House that he had been this last Night and also was this present Forenoon so extreamly pained with a wind in his Stomach and Loosness of Body that he could not as yet without his further great peril and danger adventure into the Air at this time which otherwise most willingly he would have done And willed that the Clerk of this House might signify unto the House the said estate of his Case and in his name to desire their good favourable considerations of the same not doubting their gentle and courteous acceptance of that his so reasonable excuse as by this House hath also been in former time used in like Case towards some other his Predecessors in the place he now serveth And to shew them he trusteth in God he shall be able to attend them in this House upon the next day of sitting which will be Monday next The Effect of which Message being then signified unto this House by the said Clerk of the House all the said Members of this House being very sorry for M r Speaker his sickness rested well satisfied And so the House did rise and every man departed away Nota That this is all which is found in the Original Journal-Book of the House of Commons touching this days business and therefore that which followeth is supplied out of that Anonymous Journal mentioned at the beginning of this present Journal touching the residue of this days passages This day M r Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Keeper therein desiring the Lords of the Upper House to be suppliants with them of the lower House unto her Majesty for Entailing the Succession of the Crown whereof a Bill was readily drawn by them Her Majesty was highly displeased therewith after she knew therof as a matter contrary to her former strait Commandment and charged the Council to call the parties before them Sir Thomas Heneage presently sent for them and after Speeches had with them commanded them to forbear the Parliament and not to go out from their several Lodgings The day after being Sunday and the 25 th of Febr. though the House sate not yet they were called before the Lord Treasurer the Lord Buckhurst and Sir Thomas Heneage The Lords intreated them favourably and with good Speeches But so highly was her Majesty offended that they must needs commit them and so they told them Whereupon M r Peter Wentworth was sent Prisoner unto the Tower Sir Henry Bromley and one M r Richard Stevens to whom Sir Henry Bromley had imparted the matter were sent to the Fleet as also M r Welch the other Knight for Worcestershire Vide Mar. 10. About this matter in the beginning of the Parliament was appointed a Committee to be had of many grave wise and ancient Parliament men which were of the House but at this time few met at the place appointed at least not such as were expected It was appointed also at this time to M r Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it But this Office by reason of other occasions he could not attend What other things were done or spoken in that Conference were as I heard confessed to some of the Privy-Council by some of those Parties that were present at that Conference All that were there
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
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
away of Women against their Wills unlawfully together with the Proviso annext unto it by the consent of the House was read tertiâ vice and afterwards sent down to the House of Commons that the Proviso there might be considered of And so the Parliament continued till Saturday the 19 th day of November at nine of the Clock On which day the Bill touching the School of Sevenoake was read primâ vice Report was made to the House by the Lord Treasurer what had been done by the Committees upon the Bill concerning Tellors and Receivors which said Bill had been yesterday committed upon the second reading although the mention of the said reading and Commitment be purposely omitted and the same Committees appointed to meet again at the former place to Morrow at four of the Clock in the Afternoon to make perfect the said Bill to be presented again to the House The absence of the Lord Marquess and the Earl of Huntingdon were severally excused for want of health by two of the Temporal Lords and the like excuse was delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until yesterday the 17 th day of this Month through the negligence of the Messenger unto whom the same was delivered and now his Lordship wanting health to give his Attendance desireth to be excused of his absence the Earl of Worcester and the Earl of Southampton testifying his sickness Introductum est breve Radulphi Domini Evers quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno On Monday the 21 th day of November to which day the Parliament had been last continued on Saturday foregoing Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was read primâ vice Several Writs of Summons of the Earl of Huntingdon and Rutland were brought in Relation was made by the Lord Treasurer upon the Bill concerning Tellors and Receivors c. of the doubts and questions that had been moved and debated among the Committees touching certain Provisoes and Causes thought on for the Amendment of the said Bill And the said Committees appointed by the House to meet again for further Conference to Morrow at the little Chamber near the Chamber of Parliament presence Vide concerning this Bill on Saturday the 19 th day of this instant November foregoing On Tuesday the 22 th day of November Two Bills of no great moment had each of them one reading of which the first being the Bill for the establishment of the new Colledge of the Poor of Cobham in the County of Kent was read primâ vice Three Bills also of no great moment were each of them sent up to the Lords from the House of Commons of which the first was an Act formerly sent to them with a Proviso from this House thereunto added concerning taking away of Clergy from Offenders that take away Women against their Wills unlawfully The Committees upon the Bill of Tellors Receivors c. meeting at the little Chamber near the Chamber of the Parliament presence and conferring on the Bill and the Provisoes that were thought on and came in question among them by reason of sundry doubts that were moved did refer the Bill to her Majesties Attorney General to be reviewed Vide more of this on Saturday the 19 th day and on Monday the 21 th day of this instant November foregoing On Thursday the 24 th day of November to which day the Parliament had been last continued on Monday foregoing Five Bills had each of them one reading of which the third being the Bill for the better Explanation and confirmation of the Act made in the thirteenth year of her Majesties Reign was read primâ vice This Bill was reviewed by M r Attorney by the appointment of the Committees on Tuesday the 22 th day of this instant November foregoing who then referr'd it unto him and was now brought in instead of the former Bill touching which see before on Saturday the 19 th day and on Monday the 21 th day of November aforesaid And the fifth being the Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was read tertiâ vice and committed unto the Earl of Nottingham Lord Admiral the Earl of Worcester the Earl of Southampton the Bishop of London the Bishop of Winchester the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Cobham the Lord Mountjoy and M r Justice Walmesley M r Serjeant Drew and M r Attorney were appointed to attend the Lords Vide November 7 th antea On Saturday the 26 th day of November to which day the Parliament had been last continued on Thursday foregoing Three Bills had each of them one reading of which the last being the Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign touching Tellors and Receivors was read the third time and commanded to be ingrossed A Serjeant at Arms was appointed to be sent for William Wood and one Stephenson a Serjeant in London who Arrested Edward Barston the Lord Chandois Servant contrary to the priviledge of this House The Bill for the repeal of a Statute made in the twenty third year of her Majesties Reign Intituled An Act for the encrease of Mariners and maintenance of Navigation was brought into the House by the Committees whose names see before on Thursday the 24 th day of this instant November foregoing with an Amendment thought sit to be put into the Bill And the Amendment being thrice read the Bill was appointed to be fixed in a Schedule to the Bill On Monday the 28 th day of November to which day the Parliament had been last continued on Saturday foregoing The Bill for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors and Receivors was read tertiâ vice and sent to the House of Commons by M r Attorney General and D r Stanhop The Bill that was sent from the House of Commons with this Title viz. An Act for the Repeal of a Statute made in the twenty third year of her Majesties Reign Entituled An Act for the encrease of Mariners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereunto viz. An Act for encrease of Mariners and for maintenance of the Navigation repealing a former Act made in the twenty third year of her Majesties Reign bearing
Anno Dom. 1601. which was the last Parliament of her Majesties Reign a greater viz. of four Subsidies and eight Fifteenths and Tenths was again yielded unto whence it is plain that whatsoever is once granted by the Subject may often be raised but seldom falleth THE JOURNAL OF THE House of COMMONS A Journal of the House of Commons in the Parliament holden at Westminster Anno 39 Reginae Eliz. Anno Domini 1597. which began there on Monday the 24 th Day of October and then and there continued until the Dissolution thereof on Thursday the 9 th Day of February Anno 40 Reginae ejusdem THIS present Journal of the House of Commons is not only abundantly stored with many and sundry Passages touching the Orders Use and Priviledge of the House it self but containeth in it excellent matter touching the publick affairs of Church and State in which also her Majesty was most graciously pleased to give the said House free Liberty to reform some abuses of the first and to search into the dangers of the latter And that this said Journal might be the more exact and copious in some few places the defects thereof are supplied out of the Original Journal-Book of the Upper House and out of a certain imperfect and fragmentary Journal of the House of Commons The ninth Parliament of our Soveraign Lady Elizabeth by the Grace of God of England France and Ireland Queen Defender of the Faith c. begun at Westminster upon Monday being the 24 th day of October in the thirty ninth year of her Majesties Reign Upon which day many of the Knights of the Shires Citizens of Cities Burgesses of Boroughs and Barons of Ports did make their appearance at Westminster being returned into the same Parliament for the same Shires Cities Boroughs and Ports before the Right Honourable the Earl of Nottingham Lord Steward of her Majesties most honourable Household And did then and there in the Room commonly called the Court of Requests take the Oath of Supremacy seven or eight at a time being Enacted by and contained in the Statute de an 1 Reginae Eliz. Cap. 1. before the said Lord Steward and before Sir William Knolles Knight Comptroller of her Majesties Houshold Sir John Fortescue Chancellor of the Exchequer and Sir Robert Cecill Principal Secretary his Lordships Deputies And thereupon the said Knights Citizens Burgesses and Barons entring into their own House and expecting her Majesties further Pleasure her Highness then being in her Royal Seat in the Higher House of Parliament the said Commons were commanded to come before her Highness and being there Assembled the Right Honourable Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England delivered unto the said Commons the Causes of her Majesties Calling of this Parliament and so in the end willed them to repair again into the said House of Commons and there to make choice of their Speaker according to the former laudable usage and custom of the same House in that Case accustomed and willed them to present him unto her Majesty upon the Thursday next following Which done the said Commons presently repaired unto their own House and there being Assembled and sitting some space of time very silent at last the Right Honourable Sir William Knolls one of her Highness most Honourable Privy Council and Comptroller of her Majesties Household stood up and spake to the effect following Necessity constraineth me to break off this silence and to give others cause for speech According to the usual Custom we are to chuse our Speaker and though I am least able and therefore unfit to speak in this place yet better I deem it to discover my own Imperfections than that her most sacred Majesties Commandment to me delivered should not be fulfilled or your Expectation of this first days work by all our silences to be in any sort frustrate First therefore I think it very expedient to remember the Excellent and Learned Speech of that good man my Lord Keeper at which all of us or the most part of us at the least were present who very wisely shewed the Cause of calling this Honourable Assembly shewing unto us that it is partly for the reforming those Laws which be amiss partly quite to repeal others partly to augment those that be good and partly to Enact new Laws both for the Honour and profit of her Majesty and for the benefit of the Common-wealth And in conclusion wished us to depart from whence we came and there to chuse our Speaker who ought to be the Mouth of us all and to whom we might commit such weighty affairs as in this place should be debated amongst us For unfit it is if we have occasion to go unto the Sacred presence of her Majesty to go either confusedly without order or unorderly without Judgment Now because that knowledge doth rest in certainty I will with the more speed set afoot this motion deliver my opinion unto you who is most fit for this place being a member of this House and those good abilities which I know to be in him here he made a little pause and the House hawked and spat and after silence made he proceeded unto this place of dignity and calling in my opinion here he stayed a little M r Serjeant Yelverton looking upon him is the fittest man to be preferred after which words M r Yelverton blushed and put off his Hat and after sate bare-headed for I am assured that he is yea and I dare avow it I know him to be a man wise and learned secret and circumspect Religious and faithful no way disable but every way able to supply this place Wherefore in my Judgment I deem him though I will not say best worthy amongst us yet sufficient enough to supply this place and herein if any man think I err I wish him to deliver his mind as freely as I have done if not that we all join together in giving general consent and approbation to this motion So that the whole House cried I I I let him be And then Master Comptroller made a low reverence and sat down and after a little pause and silence M r Serjeant Yelverton rose up and after a very humble reverence made spake in effect thus much WHence your unexpected choice of me to be your Mouth or Speaker should proceed I am utterly ignorant If from my merits strange it were that so few deserts should purchase suddenly so great an Honour Nor from my ability doth this your choice proceed for well known it is to a great number in this place now assembled that my Estate is nothing correspondent for the maintenance of this dignity For my Father dying left me a younger Brother and nothing to me but my bare Annuity Then growing to mans estate and some small practice of the Law I took a Wise by whom I have had many Children the keeping of us all being a great impoverishing to my Estate and the daily living of us
Town of Northampton Mr. Edward Mountague Sir Edward Hobbie and others And the Bill was delivered to Sir Thomas Cecill All which were appointed to meet at two of the Clock in the Afternoon of this day at Sir Thomas Cecill's House Sir Edward Hobby one of the Committees for the Information of Grants lately moved in this House in Ecclesiastical Causes moved for a new day of meeting Whereupon Monday next in the Afternoon was appointed for the same and to be in this House Nota That although her Majesty had formerly been exceeding unwilling and opposite to all manner of Innovations in Ecclesiastical Government yet understanding at this Parliament of divers gross and great abuses therein she had on Monday the 14 th day of this instant November foregoing not only given leave and liberty to the House of Commons to treat thereof but also had encouraged them to proceed in the reformation thereof by a Message brought unto the said House by Sir John Fortescue Chancellor of the Exchequer Whereupon the aforesaid Committee here mentioned by Sir Edward Hobby was appointed Touching whose further proceedings in the said matter see on Monday the 21 th and on Tuesday the 22 th day of this instant November ensuing The Bill for keeping of Horses from stealing was upon the second reading committed unto M r Hubberd Sir Robert Wroth M r Maynard M r Portington Sir William Brereton M r Henry Nevill M r Pennington and others And the Bill and Committees names were delivered to M r Hubberd who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall The Amendments in the Bill against Forestallers Regrators and Ingrossers were twice read and the Bill was committed to the former Committees who were appointed to meet on Monday the 7 th day of this instant November foregoing And there were added unto them M r Hext Sir Robert Wroth M r Francis Moore M r Litton M r Henry Maynard Sir George Carew M r Henry Hubberd all Barons of Ports and Sir Nicholas Parker who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall And the Bill was delivered to M r Francis Moore and M r Lawrence Hide The Proviso which came from the Lords in the Bill from taking Clergy from certain Offendors and lately passed in this House and sent up unto their Lordships was three times read and passed upon the question M r Hext one of the Committees in the Bill for the Town of Langford Estover who were appointed on Thursday the 10 th day of this instant November foregoing shewed the meeting of the Committees and many Causes wherefore he thinketh the Bill very unmeet to have any passing in this House Whereupon none offering to speak for the said Bill the same was rejected upon the question for ingrossing The Bill for repeal of a Statute of the twenty third of the Queens Majesty Intituled An Act for encrease of Mariners and maintenance of Navigation had its first reading And after some Speeches both with the Bill and against it it was in the end passed upon the question Sir John Fortescue Chancellor of the Exchequer shewed unto the House that this Afternoon being appointed for two Commitments the one touching Monopolies and Patents of Priviledge and the other for the true Answering of the Tenths and Subsidies from the Clergy to her Majesty in both which himself is a Committee amongst others and that himself and M r Secretary Cecill are specially commanded to wait upon her Highness this Afternoon and therefore cannot attend the said Commitments and so moving for a new day of meeting wished the same to be upon Saturday next at two of the Clock in the Afternoon Which albeit it was well liked of and yielded unto by some yet was it over-ruled by number of Voices That as concerning the said Monopolies and Patents of Priviledge the said Commitments should be continued to be held in the Afternoon of this present day in this House Vide plus touching this business on Tuesday the 8 th day of this instant November foregoing On Thursday the 17 th day of November Two Bills of no great moment had each of them one reading of which the last concerning the Lands and Debts of Sir Henry Unton Knight deceased had its first reading M r Thomas Jewks is added to the former Committees for Examination of Priviledges and Returns who were appointed on Saturday the 5 th day of this instant November foregoing and are to meet this Afternoon in the Middle-Temple Hall The Bill also for erecting of Houses of Correction and the punishment of Rogues and Sturdy Beggars was read the first time On Friday the 18 th day of November Twelve Bills had each of them one reading of which the last being the Bill for erecting of Hospitals or abiding or Working-Houses for the Poor was upon the second reading committed unto Sir John Hart M r Recorder of London M r Tasbrough all the Readers of the Middle-Temple M r Boyce M r Henry Bellasis and others And the Bill was delivered with the Committees names to the said M r Boyce who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers who were appointed on Monday the 17 th day of this instant November foregoing shewed that the Committees have withdrawn out of the said Bill those points that concerned Corn Grain and other Victuals and have framed a new Bill for that purpose Intituled An Act to make void Contracts upon Ingrossing of Corn Grain or Victual which had its first reading And the old Bill for as much thereof as was not withdrawn was upon the question Ordered to be ingrossed Sir Francis Hastings M r Francis Bacon and M r Secretary moved touching the further preparing of the Bills for the re-edifying of Houses and encrease of Tillage Whereupon after some other Speeches it was resolved that the Committees therein should meet again for the same this Afternoon in this House The Bill against dying of Cloths with black Wood alias Logwood was upon the second reading committed unto the Citizens for London York Coventry Canterbury Bristol the Burgesses of Hull and Redding M r Finch and others And the Bill was delivered to Sir John Hart who with the rest was appointed to meet in the Guild Hall upon Tuesday next at two of the Clock in the Afternoon M r Sherley one of the Committees for continuance of Statutes who were appointed on Friday the 11 th day of this instant November foregoing shewed that the greater number of the residue of the Committees being Yesterday imployed in sundry other Committees could not be present at the same Committee and so prayed another day of meeting Whereupon Monday next at two of the Clock in the Afternoon was appointed at the former place viz. the Inner-Temple Hall The Bill to restrain the carrying of Worsted-Yarn
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
confirmation and establishment of the Deprivation of divers Bishops in the beginning of her Majesties Reign being thrice read the Bill with the Amendments passed upon the question Two Bills had each of them one reading of which the second being the Bill against lewd and wandring persons pretending themselves to be Souldiers or Mariners was read the third time and referred after sundry speeches unto Sir Robert Wroth and others to go up unto the Committees Chamber of this House and to amend some parts of the said Bill according to some of the said motions M r Attorney General and M r Doctor Stanhop do bring from the Lords a Bill passed with their Lordships intituled An Act for confirmation of the Subsidy granted by the Clergy and do shew that their Lordships do recommend the same to this House for the speedy expedition of the same Bill in this House The Bill for confirmation of the Subsidy granted by the Clergy had its first reading M r Attorney General and M r Doctor Stanhop do bring from the Lords a Bill lately passed from their Lordships by the good assent and agreement of the said parties Intituled An Act of Parliament for Arthur Hatch her Majesties Ward for the injoying of the Rectory and Parsonage of South Molton in the County of Devon for certain years reserving the usual Rent The Amendments of the Committees of this House that 〈◊〉 may enjoy their Leases against Patentees in several Cases being twice read and also one Proviso for her Majesty in the same Bill likewise twice read were ordered to be joyned and inserted into the said Bill And one special Proviso also for M r Throgmorton being twice read It was Ordered after many Arguments upon the said Bill and last Proviso pro contra That M r Throgmorton and M r Moyle Finch being at the Door of this House should be severally called in and demanded by M r Speaker whether they would assent to have the matter in controversy between them referred to be ended by such Arbitrators as had been before nominated for that purpose unto them in the Committee viz. the Lord Keeper and the Lord Treasurer and the two Chief Justices and in what sum they would be bound each to other for their standing to and performing of such Award therein so to be made It was at last after sundry such demands made resolved by both their assents at the Bar in this House that each of them should enter into Bond unto the other in the sum of five thousand pound to stand to the Order and Arbitrament of the Lord Archbishop of Canterbury the Lord Keeper of the Great Seal of England and the two Chief Justices or any three of them for and concerning the two Leases in question So as the same Order or Arbitrament be made before the first sitting of this Court which shall happen to be held next after the Feast of the Nativity of our Lord now next ensuing and the Condition of the Bond to be drawn by the Learned Councel of the Parties and to be perused and considered of further by M r Speaker On Tuesday the 20 th day of December the Bill for Confirmation of the Subsidy granted by the Clergy was read the second time and passed upon the Question M r Recorder of London one of the Committees in the Bill against lewd and wandring persons pretending themselves to be Souldiers or Mariners who were appointed on Wednesday the 7 th day of this instant December foregoing shewed that they had amended the said Bill in some parts which Amendments being twice read to the House before any allowance for the third reading of them several Members of this House did argue to the parts of the said Bill and Amendments both with it and against it after which Committees were appointed in the said Bill against wandring Souldiers and Mariners and also in the Bill concerning Lessees and Patentees against the next sitting of this Court and to meet to Morrow in the Afternoon in the Middle-Temple Hall who were as followeth viz. M r Sollicitor Sir Thomas Egerton Sir Gilley Merick M r Rosse M r Recorder of London M r Brograve Attorney of the Dutchy Sir George Carey M r Crew M r John Hunt M r Philips M r Finch M r Hext M r Serjeants Harries Heyle and Warherton Sir Walter Raleigh Sir Robert Wroth Sir Oliver Lambert M r Francis Moore Sir Henry Norris M r Bourchier M r Mountague M r George Crooke together with all the Committees in all other Bills formerly committed by this House and not as yet expedited who are likewise to meet at the aforesaid time and place concerning such Bills as are committed unto them M r Attorney General and M r Doctor Stanhop did bring three Bills from the Lords which had passed before in this House and had been sent up to their Lordships whereof one was the Bill for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggars which Bill their Lordships had passed with some Amendments and Additions Another Bill was for relief of the Poor which Bill their Lordships had in like manner passed with some Amendments and Additions And the third was for Explanation of a Statute made in the first year of the Queens Majesties Reign concerning Labourers which Bill their Lordships had also before passed with some Amendments and sent it down into this House and had received the same again afterwards with Message from this House that this House had no Warrant to take notice of that Amendment because it was in Parchment and not in Paper And shewed that their Lordships did not expect any exception of such Levity from the Gravity of this House and the rather because this House had before in this present Sessions of Parliament admitted of such like Amendments in Parchment from their Lordships in two other Bills and not in Paper without any such exception their Lordships taking it not to be much material whether such Amendments be written in Parchment or in Paper either white Paper black Paper or brown Paper Which Message being so delivered and the said M r Attorney and M r Doctor Stanhop departed M r Speaker reported unto the House the substance of the same Message putting them in remembrance that the said Amendment not only was not in Paper but was also subscribed or indorsed with Soit baille aux Communes And further shewed that the Cause of the said returning of the said last recited Bill unto their Lordships to the end the said Amendments thereof might be sent down by their Lordships unto this House in Paper without any such subscription or indorsement and not in Parchment did proceed upon the Advertisement of the Clerk of this House unto M r Speaker that the Ancient and usual Order of the Parliament in both Houses was and is that Amendments in Bills are to be set down only in Paper and not in Parchment and that also without any manner of Endorsement in the
same Amendments at all because the Indorsement thereof is subscribed in the Ingrossed Bill it self under the Indorsement of this House in the same Bill Whereupon some of the Members of this House charging the said Clerk that by his default and Error this House was charged by the Lords with the said imputation of Levity the said Clerk then humbly prayed that some of the Ancient Parliament men of this House might have the Examination of the said Cause how it had been proceeded in and to report such the default and errour of the Clerk if any such were The House thereupon resolved to hear the said Clerk speak himself Which done the said Clerk of this House shewed that the Clerk of the Upper House coming into the Exercise of his Office but in this present Sessions of Parliament the two Bills mentioned by M r Attorney to have been sent to this House from the Lords with Amendments in Parchment and unto which no Exceptions had been taken by this House he the said Clerk of this House did in some friendly and courteous intention towards the said Clerk of the said Upper House seek to salve up those mistakings for the time only in some part of them but not in the whole and so to make the said Clerk of the said Upper House afterwards acquainted with the due Order and Form of the Reformation therein against other times afterwards in like Cases and had so made one of the Clerks of the said Clerk of the Upper House privy of the right course and manner of the sending down such Amendments in Paper and not in Parchment and that also without any Indorsement yet nevertheless the said Amendment in the said Bill so returned as afore said was eftsoons both sent down in Parchment and also subscribed or Indorsed with Soit baille aux Communes contrary to the said advice and instruction of the said Clerk of this House so as aforesaid given to one of the Clerks of the said Clerk of the Upper House And did further aver unto this House that the said three Bills being passed in this House Ingrossed in Parchment are the Bills of this House and not the Bills of the Lords though sent up by this House to their Lordships and do still remain the Bills of this House And that if their Lordships would have any words of Amendment either taken out of the same Bill or put into it or else otherwise altered or changed in it then must such words be set down in Paper by their Lordships and annexed to the Bill shewing the line and place of the line in the Bill where such words should be either taken out or put in and then their Lordships to subscribe or Indorse under the superscription or Indorsement of this House in the same Bill A ceste Bille avecque les amendments à mesme le Bille annexe les Seigneurs sent assentus But if their Lordships do add any new matter or Proviso to the said Bill which was not before in the same Bill then must all that be ingrossed in Parchment and affiled to the said Bill and the said Bill must be subscribed or Indorsed under the subscription or Indorsement of this House in the same Bill A ceste Bille avecque le schedule à mesme le Bille annexe les Seigneurs sont assentus or A ceste Bille avecque une provision annexe les Seigneurs sont assentus if it be a Proviso and not a Schedule to the body of the Bill Then also must the said Schedule or Proviso so Ingrossed in Parchment be annexed to the said Bill and be subscribed and Indorsed by their Lordships under such Schedule or Proviso Soit baille aux Communes and so be sent down to this House passed by their Lordships which done the said words in Paper must be taken out of the same Bill or else put into the same Bill only by this House in the said Lines and places of Lines according to the direction of the Lords said Amendments in Paper And the said Schedule or Proviso being three times read and passed in this House upon the question the same Schedule or Proviso must be subscribed and Indorsed by this House under their Lordships said Indorsement thereof A ceste Schedule les Communes sont assentus if it be a Schedule or A ceste provision les Communes sont assentus if it be a Proviso Which Course being so then also approved by some of the Ancientest now Parliament Members of this House It was thought meet that all the Members of this House being of her Majesties Privy Council together which the best sort of the rest of the Members of this House accompanied with the Serjeants at Law which are of this House should be presently sent to their Lordships from this House without carrying up any Bill at all and to signify unto their Lordships in the name of this whole House That as this House had not in any manner of sort erred in their said returning unto their Lordships the said Bill and Amendments in Parchment to have had the same done in Paper and without any Subscription or Indorsement at all to the end this House might by Warrant thereof have inserted the same Amendments into that their own ingrossed Bill according to the ancient Order of Parliament in such Cases formerly used by this House So this House doth take it self to be very hardly dealt with to be taxed by their Lordships with imputation of Levity and reproached by other unusual and unnecessary terms delivered unto them this day in the said Message from their Lordships And then upon some further Motion it was resolved that M r Secretary accompanied with M r Chancellor of the Exchequer and others should be thereupon sent to their said Lordships presently for that purpose Which done the said M r Secretary putting the House in mind that the Lords had sent down to this House three Bills at their time of sending down their said Message to this House Moved that this House would be pleased to accompany this their Message unto their Lordships imposed upon him with the Bill which this day passed in this House for Confirmation of the Subsidy of the Clergy Which being yielded unto the Amendments of the Lords in Paper annexed to the said ingrossed Bill of this House Intituled An Act for the Explanation of the Statute made in the first year of her Majesties Reign concerning Labourers were three times read by the Clerk and agreed upon the Question and presently inserted into the said ingrossed Bill accordingly and both Bills were thereupon sent up to their Lordships by the said M r Secretary and others together with the said Message of this House and at their returning back again the said M r Secretary signified unto this House that he had delivered their said Message unto the Lords according to their charge laid upon him therein But what was their Lordships Answer is most negligently and inconsiderately omitted by Fulk Onslow Esq
assenting after either of them had been heard speak severally their further minds unto this House in some particulars the said Lord Sandes made choice of the Earl Marshal and of M r Comptroller and the said Sir Walter Sandes made choice of M r Secretary and M r Chancellor of the Exchequer for the said Compromise Whereupon the Earl Marshal after his pleasure first signified unto this House the meeting of the same Committees was then appointed to be at the Court to Morrow in the Afternoon Vide concerning this matter on Saturday the 21 th day Monday the 23 th day and on Tuesday the 24 th day of this instant January foregoing Four Bills were sent up to the Lords from the House of Commons by Mr. Comptroller and others of which the second was the Bill to prohibit the carrying of Herrings and the third to retain the excessive making of Mault M r Serjeant Lewkenor one of the Committees of this House for the late Conference with the Committees of the Lords upon Monday last in the Morning concerning the Bill for increase of people for the service and defence of the Realm did bring from the Committees of the Lords certain Articles or Heads in writing unto this House for the framing of a new Bill to the purpose presently of the old Bill though not in that form to the end their Lordships may understand the opinion and liking of this House touching the same Articles or Heads and so delivered in the same Articles in writing into this House Whereupon after many Speeches and Arguments by divers Members of this House for the reading or not reading for the committing or not committing of the said Articles pro contra it was at last resolved upon the question that the said Articles should be read and so they were thereupon read accordingly Which done after some further debating for the retaining or the returning of the same Articles and for Answer therein to their Lordships it was Ordered that the said M r Serjeant Lewkenor should presently himself alone go and deliver the said Articles again unto such of the said Lords Committees as he had first received them of signifying for Answer only that they had been read in this House and no more Vide concerning this matter on Thursday the 12 th day on Saturday the 14 th day on Monday the 16 th day on Thursday the 19 th day on Monday the 23 th day and on Tuesday the 24 th day of this instant January foregoing M r Finch one of the Committees in the Bill against excess of Apparel who were appointed on Thursday the 19 th day of this instant January foregoing shewed the meeting and travel of the Committees and some of their Amendments in the same Bill and likewise their framing of a new Bill to avoid the great excess used in wearing of Ruffs And so delivered in both the said Bills into this House On Thursday the 26 th day of January Two Bills had each of them one reading of which the second being the Bill concerning Garret de Malynes and John Hunger Merchant Strangers was read the second time and Ordered upon the Question to be ingrossed M r Arnold one of the Committees in the Bill for the reviving continuing and explanation of an Act for the necessary relief of Mariners and Souldiers prayed a new day of meeting for the Committees in that Bill Whereupon M r Arnold Sir Henry Norris Sir Giles Merrick Sir Oliver Lambert the Knights and Burgesses for London M r Hext M r Wiseman M r Doctor Sands M r Cole Sir Thomas Conisby M r Harper Sir Francis Hastings M r Snagg M r James Harrington Sir Francis Popham with many others who were nominated and appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall The Bill for the setling and disposing of certain Lands of M r Thomas Knivets was read the second time and Ordered upon the Question to be ingrossed Two Bills also had each of them one reading of which the last being the Bill for further Ceremony and Credit to be required for Mills was read the second time and upon the Question for the Commitment thereof was upon the division of the House Ordered not to be committed with the advantage of forty six Voices with the No a hundred and forty and with the Yea ninety four and afterwards upon another question for the ingrossing was Ordered to be ingrossed M r Serjeant Drew and Mr. Doctor Carew did bring from the Lords a Bill passed with their Lordships Intituled An Act for the reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars The Learned Councel of certain persons pretending interest under the title of William Kirkham the Younger to some of the Lords comprehended in the Lease mentioned in the Bill were this day heard at large in this House and were appointed to prepare their Provisoes to be offered unto the Bill against to Morrow Mr. Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill passed with their Lordships Intituled An Act for punishment of Rogues Vagabonds and Sturdy Beggars The Bill for the reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars was read the first time On Friday the 27 th day of January the Bill that Plaintiffs shall pay the Defendants their Costs lying in Prison for want of Bayl if the Action pass against the Plaintiff was read the second time and committed unto Mr. Sands Mr. Boyes Mr. Snagg Mr. George Crooke Mr. Recorder of London and others who were appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall The Committees likewise in the Bill for the execution of Judgment who were appointed on Wednesday the 25 th day of this instant January foregoing and the Committees in the Bill for avoiding of deceits in measures and weights were likewise appointed to meet at the same time and place which was now upon the second reading committed to the former Committees in the Bill that the Plaintiffs shail pay the Defendants their Costs and Mr. Johnson was added unto them The Bill for punishment of Rogues Vagabonds and Sturdy Beggars was read the first time The Amendments in the Bill for Explanation and Addition of an Act of quinto Regin Eliz. for maintenance of the Navy being twice read the Bill was rejected upon the question for ingrossing Two Bills of no great moment had each of them one reading of which the second being the Bill to give some remedy against the decay and spoil of the Queens Majesties Highways in the Counties of Sussex Surrey and Kent through disorderly carrying to Iron Forges and Furnaces was read the second time and committed to the Knights of those three Shires Mr. Shirley Mr. Binley Mr. Oglethorp Mr. Colebrand Mr. Edward Lewkenor and others and the Bill and Committees names were delivered to the said Mr. Colebrand who with the
Towns and Houses of Husbandry was read the second time and committed unto the former Committees in the Bill for reforming of sundry abuses by Souldiers and others used in her Majesties service concerning the Wars who were appointed on Friday the 27 th day of this instant January foregoing and to meet this Afternoon at two of the Clock in the Exchequer Chamber as in the said other Bill is likewise appointed and the Bill and Committees names were delivered to M r Chancellor of the Exchequer M r Secretary and the residue returning from the Lords he shewed their delivering both of their Bills and of the message of this House unto their Lordships as he had in charge by this House to do And further shewed that their Lordships have appointed twenty of themselves to meet with a convenient number of the Members of this House for the Conference in the great Council Chamber at the Court at two of the Clock in the Afternoon concerning the said Bill intituled An Act for the reforming of sundry abuses by Souldiers and others used in her Majesties services concerning the Wars The Bill for Confirmation of the Joynture of Christian Lady Sands was read the third time Two Provisoes ingrossed in Parchment being offered unto this House by the Lord Sands to be added to the said Bill were twice read and upon the second reading of the same Provisoes it was Ordered after many and sundry Arguments and Speeches of divers Members of this House that the same Provisoes should be committed unto Mr. Comptroller Mr. Chancellor of the Exchequer Mr. Brograve Attorney of the Dutchy Mr. Sollicitor Mr. Serjeant Williams and others and the Provisoes were delivered to Mr. Sollicitor who with the rest was appointed to meet to Morrow at eight of the Clock in the Afternoon in the Committee Chamber of this House Vide concerning this matter on Saturday the 21 th day and on Tuesday the 24 th day of this instant January foregoing On Tuesday the 31 th day of January the Bill for Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne was read the first time The Amendments in the Bill for reviving continuing and Explanation of an Act for the necessay relief of Mariners and Souldiers being twice read the Bill was upon the question Ordered to be ingrossed The Amendments in the Bill for avoiding deceits in Measures and Weights were twice read and after some Speeches had by sundry Members of this House touching the same Bill pro contra the Learned Councel of the Clerk of the Market being upon a motion of some of this House admitted to be heard at the Bar and called for that purpose by the Serjeant of this House to come in the Serjeant shewed that the said Clerk of the Market was gone down into the Hall to fetch his said Councel in the mean time whereof the House entred into another Cause and the said Bill was thereupon committed to be put to the question for ingrossing The Bill for the more speedy payment of the Queens Majesties debts and for the better explanation of the Act made in the 13 th year of the Queens Majesty intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivers c. lyable to the payment of their debt was read the second time and committed unto the former Committees and Sir Walter Raleigh M r Fulk Grevil M r Swayne Sir Anthony Mildmay Sir Anthony Cope and others were added to them and the Bill with the Committees names was delivered to M r Sollicitor one of the said former Committees who with the rest was appointed to meet to Morrow at four of the Clock in the Star-Chamber in the Afternoon M r Fulk Grevil one of the Committees in the Bill for the better measuring of seven Miles from the Town and Haven of Great Yarmouth in the County of Norfolk who were appointed on Monday the 23 d day of this instant January foregoing shewed the meeting of the Committees and that they cannot agree upon any thing touching the said Bill and so delivered in the same Bill in such manner as he before received the same out of this House M r Sherley one of the Committees in the Bill concerning the high-wayes in Sussex Surrey and Kent who were appointed on Friday the 27 th day of January foregoing shewed the meeting and travel of the Committees with some their Amendments in the same and so delivered in the said Bill The two Provisoes to the Bill for Confirmation of the Joynture of Christian Lady Sands being returned to the House by the Committees and read the third time the said Bill and Provisoes were passed upon the question Vide concerning this business on Saturday the 21. day on Tuesday the 24 th day and on Monday the 30 th day of this instant January foregoing The Proviso in Parchment offered unto the Bill intituled An Act concerning a Lease of great Yearly Value procured to be passed from her Majesty by William Kirkham the younger was twice read and after many disputes and Arguments by sundry Members of this House the same Proviso was read again for the third reading and then the said Bill was in like manner read the third time which done the question was put for the annexing of the said Proviso to the said Bill and Ordered upon the question and upon the division of the House with the advantage of six Voices that the said Proviso should not be annexed to the said Bill the Yea being but seventy and the No being seventy six And afterwards the Bill being in like manner put to the question the said Bill was passed upon the question and upon the division of the House with the advantage of four Voices the Yea being seventy five and the No being but seventy one Vide concerning this matter on Friday the 20 th day of this instant January foregoing On Wednesday the 1. day of February three Bills of no great moment had each of them one reading of which the last being the Bill for reviving continuing and Explanation of an Act for the necessary relief of Mariners and Souldiers was read the third time and passed upon the question The Amendments in the Bill against the Excess of Apparel was read the second time and Ordered upon the question to be ingrossed The Bill for the maintenance of Hospitality and for increase of all Victuals and Flesh whereby the Poor shall be much relieved was read the second time and rejected upon the several questions for the committing and ingrossing The Amendments and Provisoes of the Lords to the Bill lately passed in the House and sent up to their Lordships from this House intituled An Act against Forestallers Regrators and Ingrossers being three times read the said Amendments and Proviso where dashed upon the questions Two Bills lastly had each of them one reading of which the last being the Bill for the Confirmation of Statutes Merchants in the Town Corporate of Newcastle
Committees upon the Bill for Musters and Souldiers who were appointed to meet this Afternoon on Thursday the 12 th day of this instant November foregoing have upon a Motion to the House appointed another meeting about the same upon Thursday Morning next being the 19 th day of this instant November before the House sit Three Bills of no great moment had each of them one reading of which the last being the Bill for establishing of the Remainder of certain Lands of Andrew Kettlebie Esq upon Francis Kettlebie was read the first time Upon reading whereof it was Ordered by the Lords that Andrew Kettlebie Esq and Jane his Wife whom the Bill concerneth should be heard in the House either by themselves or by any other person or persons sufficiently deputed and appointed by them in that behalf what they could answer and alledge concerning the same And the Gentleman-Usher was appointed to give them present notice of this Order A Motion was made again by some of the Lords touching William Hogan Prisoner in the Fleet that he might be sent for out of the said Prison and brought into the House before the Lords to the end he might make relation of his Cause that thereupon such Order might be speedily taken with him as should by the Court be found meet and agreeable to the priviledge of the said Court. Upon which Motion it was debated by what course the said Hogan should be brought out of the Fleet being then in Execution whether by Warrant to be directed from the Lords to the Lord Keeper requiring him to grant forth a Writ in her Majesties name for the bringing of the said Hagan from thence or by immediate direction and order from the House to the Gentleman-Usher or Serjeant at Arms without any such Writ Which being put to the question by the Lord Keeper it was resolved and Ordered by the general consent of the House that it should be done by immediate direction and Order from the House without any such Writ as aforesaid And accordingly Ordered that the said William Hogan should be sent for and brought before the Lords by the Gentleman-Usher into the said House of Parliament upon Thursday next being the 19 th day of this instant November by nine of the Clock in the Morning Vide touching this business on Monday the 23 th day of this instant November ensuing Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque in diem Jovis viz. 19 diem Novembris On Thursday the 19 th day of November the Bill for Breed and encrease of Horses of Service within the Realm was read primâ vice Two Bills were brought up to the Lords from the House of Commons of which the second was to avoid and prevent divers misdemeanors in lewd and idle persons And the third was for confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others Touching which Bill see at large on Thursday the 17 th day of December following The Lord Mordant not able to attend for want of Health certified by the Lord Compton This day William Hogan was brought from the Fleet into the House before the Lords who having made as he was required to do relation of his Arrest and of the time and parties that Arrested him declaring that he was Arrested by the Under-Sheriff of the County of Surrey and others assisting him upon Saturday before the beginning of the Parliament which began on the Tuesday following and that it was known to the said Under-Sheriff that he was her Majesties Ordinary Servant and moreover that he thought Tolkerne was not privy to his Arrest at that time contrary to the priviledge of that Court Upon the offer and Petition of the said William Hogan himself to pay the principal Debt of fifty Pounds it was Resolved and Ordered by the Lords that the said William Hogan should enter into sufficient to abide the Order and Judgment of the Earl of Cumberland the Lord Bishop of London and the Lord Zouch for such satisfaction to be made of the debt of fifty pounds any costs and charges as by the said Lords should be thought fit the Bond to be taken to the said Lords and thereupon be discharged out of Prison and out of Execution And likewise that the Warden of the Fleet should be free from any trouble damage or molestation for discharge of the said William Hogan It was likewise Ordered by the Court that the Under-Sheriff and any others that did Arrest or assist the Arrest of the said William Hogan shall be sent for to appear before the Lords in the House on Saturday next being the 21 th day of this instant November by nine of the Clock in the Morning Vide concerning this matter on Monday the 23 th day of this instant November ensuing On Saturday the 21 th day of November to which day the Parliament had been last continued on Thursday foregoing Three Bills had each of them one reading of which the last being the Bill for Assurance of Lands was read tertiâ vice Upon the reading of which said Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers others of the Lords insomuch that the House was divided in opinion whether it should be put to the question for the passing thereof or no Many of the Lords affecting well the said Bill and wishing that any defect therein might be rather reformed than by the question to put it to the hazard of being rejected By which occasion it was thought meet first to propound another question viz. whether the said Bill having been referr'd to Committees at the second reading and been by them returned with some Amendments and thereupon appointed to be engrossed may now after the engrossing thereof and third reading be committed again or no. Which being accordingly put to the question and the number both of the affirmative part and negative falling out to be equal upon the accompting of them by the Lord Bishop of London and the Lord Grey appointed by the Lords for that purpose it was adjudged that the Voices of the negative part which were against the new committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal semper praesumitur pro negante And after that the Bill it self being put to the question whether it should pass or no was by the major part denied and refused A Motion was made by the Lord Keeper and approved by the Lords that the antient course of the House may be observed hereafter in certifying the excuses of such Lords as should be absent from the House upon reasonable occasion which ought to be done by one of their Peers and not by other Information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye
of this instant December 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 in that behalf Vide concerning this matter on Thursday the 17 th day of this instant December ensuing Upon a Motion sent this day from the House of Commons by Sir Walter Raleigh Sir Francis Hastings Sir Edward Hobbie and others signifying that they desired Conference with some of their Lordships for certain matters concerning the Honour of both Houses the Lords hereafter named were Selected and Chosen to confer thereabout with such as should be nominated and sent by the House of Commons and the time and place of meeting appointed upon Thursday next being the 10 th day of this instant December by eight of the Clock in the Morning at the Outward Chamber near the Parliament Presence which was signified to Sir Walter Raleigh and the rest in Answer of their Message 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 Zouch the Lord La Ware the Lord Cobham and the Lord Howard of Walden This day the Lord Archbishop of Canterbury the first of the Committees in the Bill concerning Andrew and Francis Kettlebie whose names see before on Tuesday the 24 th day of November made Report to the House that the said Committees did desire and had endeavoured to make some agreement betwixt the parties by procuring the Wife of Andrew Kettlebie to accept of reasonable Conditions for her Estate which they held to be a better course than that the Bill should proceed absolutely without any help for the said Wife But forasmuch as the said Committees could not prevail therein with her who utterly refused all composition they therefore returned the Bill again to the House without alteration in such sort as they received the same Thereupon Order was given for ingrossing thereof The matter concerning the Arrest of Robert Treswel Sommerset one of the Heralds was referred to her Majesties Commissioners for those Causes that concern the Lord Marshalls Office and the parties that were sent for to be discharged Vide on Thursday the third day of this instand December foregoing The Lord Burleigh not able to attend for want of health signified by the Lord Keeper On Wednesday the 9 th day of December M r ..... being of Councel with the Lady Fane was heard in the House what he could say in her behalf against the Bill of Edward Nevill and Sir Henry Nevill his Son Whereupon the Lords finding no Cause why the proceeding of the said Bill should be longer stayed or forborn Order was presently given for the third reading thereof The Bill for the enabling of Edward Nevill of Berling in the County of Kent and Sir Henry Nevill Knight his Son and Heir apparent to dispose of certain Copyhold Lands was read tertiâ vice Upon the third reading of which said Bill and before the putting thereof to the question whether it should pass or no the Lady Fane yielded her consent to the passing of the same being thereunto perswaded by sundry of the Lords Vide concerning this matter on Monday the 7 th day of this instant December foregoing The Bill to avoid the double payment of Debts was read secundà vice but no mention is made either of the Commitment or ingrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 d day of November foregoing The Lord Treasurer made Report that the Committees in the Bill concerning Letters Patents and Conveyances c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose in respect of some doubts that were conceived whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon M r Attorney General was required to deliver his opinion in that behalf Which being done by him accordingly to this effect That he thought the said Proviso to be needless and unnecessary and the Judges also concurring with him in that opinion Nevertheless upon a motion made by the Lord Bishop of London that the Councel learned of the Earl of Shrewsbury and M r Holcroft whom the said Proviso did concern in particular might be heard in the House as they desired touching the same it was thought meet and agreeable to the honour and dignity of the House that they should be so heard To which end their Councel were appointed to give their Attendance to Morrow the 10 th day of this instant December by eight of the Clock in the Morning And moreover for the better satisfaction of the House of Commons for the present M r Serjeant Yelverton M r D r Carew and M r D r Stanhop were sent unto them with this Message to signify their Lordships desire to have proceeded to Conference with them this Morning about the said Bill as was yesterday appointed And that the Lords were the more willing to give furtherance to the expediting of the said Bill in regard the same was especially recommended unto their Lordships from the said House But forasmuch as they found not themselves sufficiently prepared for this Conference by reason of doubts that were not yet cleared unto them they desired the said Conference might be respited till Friday Morning next by eight of the Clock at the outward Chamber near the Parliament presence Unto which Motion the House of Commons willingly assented Vide concerning this matter on Thursday the 17 th day of this Instant December following On Thursday the 10 th day of December the Bill for the establishing the remainder of certain Lands of Andrew Kettlebie Esquire upon Francis Kettlebie was read tertiâ vice and sent to the House of Commons by D r Stanhop and D r Hone. Two Bills had each of them one reading of which the first being the Bill to avoid double payment of Debts was read tertiâ vice and expedited The Bill concerning Resumptions c. which was committed on Tuesday the 8 th day of this instand December foregoing although the mention thereof as being of little moment is there purposely omitted was this day delivered to the Lord Treasurer one of the Committees The Councel learned as well on the behalf of the Earl of Shrewsbury as of Tho. Holcroft Henry Candish and William Candish Esquires were heard at large in the House as was yesterday appointed And thereupon M r Attorney was required to deliver his opinion again of the said Provisoes offered on either part Which being done by him accordingly in more particular and ample manner than before and having withal delivered his resolution to sundry questions propounded unto him by divers of the Lords concerning the said Cause it was Ordered as followeth Upon debate in the House concerning the several Provisoes offered by the Earl of Shrewsbury and
conclude their Conference about the Bill concerning Letters Patents and Conveyances c. another meeting was then appointed for them this Morning M r Attorney General and M r Doctor Carew were therefore sent unto them to let them know that their Lordships were ready presently to meet Unto which Message the House of Commons returned Answer that they would make their repair to their Lordships forthwith for that purpose Vide concerning this matter on Thursday the 17 th day of this instant December ensuing The Bill for the perfecting the Joynture of the Lady Bridget Countess of Sussex Wife of Robert Earl of Sussex was read secundâ vice but no mention was made either of the Commitment or Engrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill concerning the Joynture of the Countess of Bedford was returned to the House by the Earl of Worcester first of the Committees who were appointed on Friday the 4 th day of this instant December foregoing with a Proviso and certain Amendments thought meet to be added together with a Petition of the Lady Russell against the said Bill The Lords that were appointed Committees for the Bill touching Letters Patents c. went forth to the outward Chamber to have Conference with those of the House of Commons appointed Committees for the same Bill but nothing concluded touching the Amendments because the said Committees had no power to conclude and therefore after long debate the Bill was brought back to the House and the relation thereof referr'd to be made by M r Attorney and the same deferred till the Afternoon sitting by reason the day was spent Domimus Custos Magni Sigilli continuavit praesens Parliamentum usque in horam tertiam post Meridiem hujus diei About which hour the Lord Keeper and divers Lords having assembled themselves five Bills had each of them one reading of which the first concerning the draining and recovery from the Water of certain Overflown-Grounds in the County of Norfolk The second for Reformation of Abuses committed in buying and selling of Spices and other Merchandizes and the third to prevent Perjury and Subornation of Perjury and unnecessary expences in suits of Law were each of them read secundà vice But no mention is made either of their Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Proviso that was pretended to be added to the Bill for the Maintenance of the Navy encrease of Mariners c. was this day twice read in like sort as the Amendments of the said Bill had been before and thereupon the Bill was appointed to be forthwith engrossed The Bill for the maintenance of the Navy encrease of Mariners c. was read tertiâ vice and sent to the House of Commons together with the Bill concerning Captains Souldiers c. by D r Carew and D r Hone. The Amendments and Proviso in the Bill concerning the Countess of Bedfords Joynture were twice read and likewise the Lady Russells Petition was read Whereupon it was appointed that the Proviso should be ingrossed in Parchment and the Amendments in Paper The Committees in the Bill for the observation of Orders in the Exchequer who were nominated on Thursday the 10 th day of this instant December foregoing were appointed forthwith to meet in the little Chamber near the Parliament Presence to consider of a Proviso drawn by the Lord Chief Justice and the rest of the Judges by direction of the Committees which Proviso having been considered of accordingly was brought into the House and presently twice read And thereupon the said Proviso was commanded to be ingrossed The Bill for the assuring the Patronage of the Vicaridge of Rotherston in the County of Chester and a Scholars room in the Cathedral Church of Christ in Oxon of the Foundation of King Hen. 8 th by the Dean and Chapter of the said Cathedral Church to Thomas Venables Esquire and his Heirs for ever was read secundâ vice But no mention is made either of the Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Relation was made by M r Attorney of the Conference with the Committees of the House of Commons touching Amendments of the Bill of Letters Patents c. Whereupon because the Committees of both Houses were not agreed it was thought good they should meet again upon Monday Morning being the 14 th day of this instant December and should have Authority to agree touching the setting down and penning of the said Amendments and reducing of them to a certainty together with the Committees of the House of Commons coming with the like Authority that afterwards the same might be presented to the Judgment of the House This Motion was sent down by D r Carew and D r Hone and was accepted Vide concerning this matter on Thursday the 17 th day of this instant December ensuing On Monday the 14 th day of December to which day the Parliament had been last continued on Saturday foregoing the Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal was read tertia vice And the Proviso thought meet by the Committees to be added was also read the third time The Bill for the Assurance of certain Mannors and Lands for part of a Jointure to Lucy Countess of Bedford And the Provisoes and Amendments presented by the Committees to be added were also read the third time both which Bills were sent to the House of Commons for their consideration of the several Provisoes and Amendments by the hands of D r Swale and the Clerk of the Crown Four Bills also had each of them one reading of which the last being the Bill for the Grant of four entire Fifteenths and Tenths granted by the Temporalty was read secundâ vice But no mention is made either of the Commitment or ingrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Vide also concerning this Bill on Tuesday the 15 th day of this instant December immediately following Two Bills were brought up to the Lords from the House of Commons of which the second being the Bill for Confirmation of the Charter of King Edward the Sixth of the three Hospitals of Christ Bridewell and S t Thomas the Apostle to the Mayor Commonalty and Citizens of London was read primâ vice The Bill to confirm the Assurance of the Mannors or Farms of Sagebury aliàs Sadgebury and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gent ' and their Heirs And the Bill for the Amendment of certain imperfections of a Statute made in the Eighth Year of her Majesties Reign concerning the true making of Hats
Henry the Third King John King Stephen c. which was the occasion of their Hemming M r Monntague of the Middle-Temple said that there were no such Precedents and if all Preambles of Subsidies were looked upon he should find it were of Free Gift And although her Majesty requireth this at our hands yet it is in us to give not in her to exact of Duty And for the Precedents there be none such but touching a tenth Fleece of Wooll and a tenth Sheaf of Corn that was granted to Edward the Third at his going to the Conquest of France because all the Money then in the Land to be levyed by way of Subsidy would not be any way answerable to raise that great Mass he desired And so having these Tenths he sold them to private men to gain that Subsidy and so raised Money to himself for his Enterprize Thus far out of the said private Journal the residue of this dayes Passages that follow and those also of the day ensuing are transcribed out of the Original Journal-Book it self of the same House The Queens Learned Councel and all the Serjeants at Law being Members of the House after the foregoing long dispute touching the Subsidy and the conclusion thereof are appointed by the House to draw into the form of a Bill the Articles agreed upon by the Committees for the Subsidy and also the days of payment agreed upon by the said House this present day and Ordered to meet at their Pleasures as often as they shall think sit from day to day and from time to time Vide plus de ista materia December 5. Saturday postea On Tuesday the 10 th day of November Five Bills had each of them one reading of which the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings Sir Robert Wroth Sir George Moor Sir Thomas Leighton and others who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of the Clock in the Afternoon The Bill for uniting and consolidation of certain small Churches in the City of Exeter was read the second time and committed unto Sir Walter Raleigh Sir Francis Darcie M r Sollicitor M r Serjeant Heyle M r Secretary Harris all the Doctors of the Civil Law and others who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Middle-Temple Hall Robinson Citizen of London was brought to the Bar by the Serjeant and charged by M r Speaker in the name of this House with his offence in procuring to be Arrested one Wooddall Servant Attendant upon William Cooke Esq a Member of this House to the great contempt indignity and prejudice of this whole House And the Members thereof being asked what he could say for himself for his defence answered that he was heartily sorry for that he had given any cause of offence unto this House most humbly craving Pardon for the same And most confidently protested and affirmed that he knew not nor ever heard before the said Arrest made that the said Wooddall was Servant or belonging to any Member of this House but had delivered the Warrant by which he was Arrested unto the Officer long before the Parliament began Whereupon after some Speeches had therein he was by the Order of this House discharged paying his Fees to the Serjeant and Clerk Two Bills also had each of them one reading of which the second being the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inwards and Outwards was upon the second reading committed unto all the Privy-Council and Learned Councel being Members of this House the Knights and Citizens of London Sir Walter Raleigh and others And the Bill was delivered to M r Secretary Herbert who with the rest was appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon and all her Majesties Customers and Officers appertaining to the Custom-House and other Merchants to have warning to be then and there present to attend the Committees On Wednesday the 9 th day of November M r Snigg made Report of the meeting of the Committees and of their travel in two Bills viz. That the Plaintiff in Writs of Error shall give good Bail brought in with some Amendments and Alterations and the other against fraudulent Administration of Intestates goods without any Amendments And so delivereth them in and prayeth the reading The Amendments in the Bill that the Plaintiffs in Writs of Error shall give good Bail were twice read And also the Bill against Intestates Goods were Ordered to be ingrossed Three Bills had each of them one reading of which the last being the Bill for the Inhabitants of Rachdale in the County of Lancaster was read the second time and committed unto M r Francis Moore M r Holcroft the Knights for Lancaster M r Hancock M r Beeston and others who were appointed to meet upon Wednesday next in the Middle Temple Hall at two of the Clock in the Afternoon Three Bills had each of them one reading of which the last being the Bill for abbreviation of Michaelmas Term was read the second time and upon the question whether it should be committed or no the Knights and Citizens of London were against it And therefore upon the nominating of the Committees it was doubted and questioned whether they could be admitted into the said Committee or no. Which dispute because it is omitted in the Original Journal-Book of the House of Commons is therefore supplied out of that often before-cited private Journal of the same House Sir Edward Hobbie spake first and said that it was against the Order of the House to admit the Knights and Citizens of London to be of the Committee because they had given their Voice already against the body of the Bill M r Secretary Cecill said I am willing to speak in two respects the one touching the Bill it self the other touching the Controversie in the House about the Commitment Touching the Bill I dare not upon my own Judgment be so venturous or bold to reject this Bill unless first it might have a Commitment For the wisdom of that time when it was first instituted was so apt to look into imperfections that doubtless if an inconvenience had been but espied they would streight have avoided it Therefore in my opinion it is not fit for us to look into the Actions of former Ages but upon mature and advised deliberation I do therefore greatly commend the Wisdom of this House in Committing this Bill and others of the like nature before we reject them For the other part though it be a Rule in the House that those against the Bill should be no Committees yet in a case of so great consequence and so greatly touching the State of the City of London there is no reason but that they may have their particular Voices as Committees as well as every
House as shall be sent from this House unto the Lords with the Bill for Confirmation of the Subsidy of the Clergy may by direction of this House recommend unto their Lordships the Bill against transportation of Iron Ordnance with request of their Lordships good furtherance to the passage of the same The Amendments and Provisoes in the Bill touching Confirmation of Grants made to her Majesty and of Letters Patents from her Majesty to others were read the third time and passed upon the question Sir Robert Wroth moved that an Order may be set down how the Collection made in this House for relief of the poor may be distributed Whereupon it is Ordered that the Souldiers now remaining about the City of London shall be relieved out of the money Collected of the Members of this House in such sort as to the Officers thereunto appointed shall be thought fit The Officers appointed for the distribution of the Collection are Sir Robert Wroth Mr. Fettiplace Mr. Wade Sir Francis Darcie Mr. Trevor and Mr. Brown And that they join with the Officers in like case appointed by the Lords Two Bills also had each of them one reading of which the second being the Bill for Explanation of a certain branch of An Act made in the twenty eighth year of her Majesty touching Recusants was read the second time and committed but no time or place appointed for the meeting Mr. Belgrave moved That whereas an Information hath been Exhibited into the Court of Star Chamber in the name of Mr. Attorney General against him upon suggestion that he should offer abuse unto this House humbly prayed that he may be Ordered and censored by this House if it shall so fall out and seem sit unto this House upon further Examination to be had therein Vide plus post Meridiem Mr. Secretary Cecill declared her Majesties Pleasure to be that her Highness purposeth God willing to Dissolve this Assembly of Parliament to Morrow Post Meridiem The Bill for the changing of the Sirname of the Wallers into the Sirname of the Debdens was read the second time Mr. Serjeant Telverion and Mr. Doctor Hone did bring from the Lords a Bill Intituled An Act for reformation of deceits in Auditors and their Clerks in making untrue particulars And also they do declare that whereas the Lords have received some Bills from this House which their Lordships do think to expedite and shall need perhaps some small Amendments therefore they do desire that this House may sit somewhat longer than they purposed before for the final perfecting and consummating of the same The Bill for reformation of Deceits in Auditors and their Clerks in making untrue particulars was read twice and committed unto M r Secretary Cecill Mr. Comptroller Sir Walter Raleigh and others who were appointed to consider presently in the Court of Wards upon the said Bill And after some short space of time and Conference therein had it was after their return into this House thought meet the said Committees should confer with the Lords therein and afterwards report the same unto this House The Bill touching Brewers c. was read the second time and committed to the Burgesses of Southwark The Bill touching unlawful sized Bread and the Bill touching buyers of Butter and Cheese were each of them read the second time and committed to the former Committees The Bill also against using of false Dice was read the first time M r Attorney General and M r D r Hone did bring from the Lords a Bill that before passed this House intituled An Act touching the draining of certain surrounded Grounds in the Counties of Huntington Cambridge Lincoln Northampton Suffolk and Norfolk amended and with some additions of more Counties viz. Sussex Essex Kent and the Bishoprick of Durham The Amendments in the Bill touching surrounded Grounds were thrice read and Ordered upon the question to be inserted into the same and so the Bill passed The draught of an Order touching Mr. Belgrave was once read and committed to be considered of presently in the Committee Chamber by Sir Edward Stafford Mr. Henry Mountague Mr. Brown Mr. Doyley Sir Francis Darcie Sir John Cotton and Sir John Grey The Draught of an Order considered of and brought in by the Committees was read and Ordered by the House upon the question to be entred as the Act of the House viz. Whereas one George Belgrave in the County of Leicester Esquire a Member of this House hath made complaint of an Information exhibited against him into the Court of Star-Chamber pretending an abuse in the highest matters as are those wich do concern the most Honourable and High Court of Parliament and hath appealed unto this House for that the Information was filed sedente Curiâ And whereas the House did refer to the Committees for Returns and Priviledges the Examination of the Cause alledged in the Information and the substance thereof having been related unto this House This House thereupon did upon the question again moved and largely debated pronounce and declare the said George Belgrave to be free in their Judgements from any abuse offered to this House and that he is not to be molested for any such imputation And have resolved that this shall be entred as An Act of this House Vide de istâ materiâ Dec. 3. Dec. 7. Dec. 8. Dec. 10. Dec. 11. antea The Bill to restrain Butchers in and about the City of London from buying c. And the Bill touching Practitioners in Physick were each of them read the second time and committed as afore to the former Committees for Brewers The Bill touching the shipping of Coals near Newcastle was read the second time and committed with the rest to the former Committees but no mention of time or place The Bill for redress of abuses in taking of Pawns and the appointing of a Lumbard was read the second time and committed as abovesaid To Morrow at eight of the Clock in the Morning those that were nominated by this House to distribute the Money collected for the relief of the Poor and likewise those appointed by the Lords are appointed to be at the Sessions House in the Old Bayly to take Order for the said distribution Upon a motion made by Mr. Fettiplace the names of such as have not paid towards the relief of the Poor and maimed Souldiers were read which were about forty four On Friday the 18 th day of December as the Speaker was coming to the House in the Morning the Pardon was delivered unto him which he took and delivered unto the House which they sent back again because it was not brought according to course The Collection for the Clerk of twelve pence a piece according to Mr. Wingfield's motion yesterday was made and amounted to about twenty five pound Mr. Bowyer Secretary to the Lord Treasurer sitting in the Middle of the House on the left side as you come in next to Mr. Skipwith of Lincolns Inn swooned upon a suddain
to him for setting forth a Book derogatory to the authority of Parliaments c. p. 291. D r Parry a Member of the House committed to his custody and why p. 341. A Currier committed to his Custody for saying The Curriers could not have justice in the House c. p. 366. Several persons committed to him for presuming to come into the House not being Members p. 394. 486. 565. passim A Motion that the Members should pay him his Fees before they come into the House p. 550. One committed to his Ward for disturbing a Member by way of an Appearance p. 593. If he be to go into the Country to fetch any accused for breach of priviledge he may desire part of his expences of the Complainant before he begin his Journey p. 655. Vide the word Gentleman-Usher in the Table to the Journal of the House of Lords Servants of Parliament men Vide Priviledge M r Seymore Clerk of the Parliament from 1 to 9 Eliz. p. 43. 122 Sheriffs when and where they may be chosen for Knights of the Shire and when and where not p. 38. 625. One Man formerly Sheriff of several Counties p. 39. A Bill that they should be allowed for the Justices Diets p. 51. 79. The Queen stops the Bill saying that she will her self take order therein p. 71. 88. A Bill for several Sheriffs in several Counties p. 129. 150. A Bill that Sheriffs Undersheriffs and Bailiffs of Liberties shall take Oaths dashed p. 135. A Member of a Parliament may be made a Sheriff p. 336. 355. 665. and on the contrary a Sheriff may be chosen a Knight of the Shire but not for the County of which he is Sheriff p. 436. 624 625 Shop-Books a Bill to prevent the double payment of debts upon them well spoken to p. 666 667 Sidney Colleà ge in Cambridge upon what occasion founded p. 503 Simony a Bill for prevention of it in presentations to Benefices with a speech thereupon p. 165 Sirname altered by an Act of Parliament p. 687 George Snagg Serjeant at Law chosen Speaker 31 Eliz. p. 428 Solicitor General chosen Speaker 8 and 9 Eliz. p. 121. again 35 Eliz. p. 469. He is to attend in the Upper House though he be chosen a Member of the House of Commons if he be call'd thereto by her Maiesties Writ before he was elected a Member p. 441 442 Common Solicitors a Bill against them in 43 Eliz. well spoken to by him that brought it in p. 631 Maimed Souldiers the Money collected in the Parliament 43 Eliz. chiefly bestowed upon them p. 665. 687. Husbandmen make the best Foot-souldiers p. 674 Spain reputed the Author of all the Treasons and Rebellions in Queen Elizabeths time p. 454. Both Houses join in a Petition to the Queen that she will proclaim War against Spain ibid. Several speeches in the Parliament 35 Eliz. containing an history of the methods the King of Spain used for the Conquest of England p. 471 472 473. 484. He invades Ireland with 4000. in 43 Eliz. p. 623. His pretence is to defend the Catholick Cause p. 624 Speak if two or three offer to speak together that party that is going to speak against the last Speaker is to be heard first p. 493. None to be interrupted while he is speaking p. 633. 640 Speaker of the House of Commons his antiquity p. 40. After he is nominated he uses to uncover himself p. 549. He is commonly nominated by the Comptroller of the Household p. 621. passim After Election he is placed in the Chair either by M r Comptroller alone or by him with another p. 79. 621 c. Two Questions concerning the Election of a Speaker proposed and answered p. 41. How he is presented to the Sovereign ibid. Their excusing or disabling of themselves meerly formal or complementive being sometimes done sometimes not ibid. p. 42. Their Petitions of course to the King or Queen after confirmation p. 16 42 43. 98 c. He makes his Speech now according to his own pleasure but formerly by the directions of the House p. 42. The story of Thorp Speaker in an 31 H. 6. p. 56. 516. He is not always present at Prorogations p. 119. When the Speaker dies in the interval of a Prorogation what method taken to chuse a new one p. 267 268. 278 279 280. The Speaker is to be presented and allowed before the House can determine or resolve on any thing p. 282. He may speak to a Bill with the leave of the House p. 515. He is of that dignity that he is to be commanded by none nor to attend any but the Sovereign p. 627. When any new Election is to be made sitting the Parliament he is to direct a Warrant to the Clerk of the Crown to issue out the Writ ibid. p. 628. A great contest whether such Warrant be to be directed to the said Clerk or to the Lord Keeper but carried for the former p. 636 637 638 639. Bills are commonly perused by the Speaker before thy are received into the House p. 637. He hath no voice in the passing of a Bill p. 683 684 Liberty of Speech of absolute necessity in Parliaments p. 236 237 238 239 240. 259 Star-Chamber a Bill for the better expedition of Justice in it with a notable Speech against the Bill p. 504. A Bill exhibited therein by a Peer against a Member of the House of Commons Vide Belgrave ante Bill to make Steel in England 8 9 Eliz. p. 132 Steward of the Household administers the Oath of Supremacy to the Members p. 122. Who is his Deputy of course ibid. He may appoint several Deputies p. 155. 205 c. The Heirs of the Lord Stourton restored in blood with a notable Conference about the Bill betwixt the two Houses wherein the liberties of the House of Commons are asserted p. 263 Disloyal Subjects a Bill to reduce them to their due obedience 35 Eliz. p. 498. Several Speeches upon it p. 500. 517 Subpoena not to be served on a Member p. 347 348. 553. 637. What punishment was inflicted on one for serving such Subpoena p. 373. Two Members sent to the Lord Keeper to have the Subpoena revoked p. 553 554 Subsidy the Queen remitteth the third payment of one p. 131. Bill of Subsidy when it hath passed both Houses is to remain in the House of Commons till the end of the Session and then to be presented by the Speaker to the Sovereign p. 309. Subsidies use to be first offered by the Commons p. 483. Thought to be against the priviledge of the House for the Lords to join with them therein or to prescribe to them how much to give ibid. 485 486. 488. The danger of encreasing the number of Subsidies p. 494. Three Subsidies not given at one time till 35 Eliz. and then with caution that it should not be made a Precedent p. 569. Yet there were the same number given 39 40 Eliz. and four in 43 Eliz. ib.
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
Woods was read the second time After sundry Motions and Arguments touching some Reformations in matters of Religion contained in the Petitions exhibited unto this House the last Session of this present Parliament it was at last resolved by the whole House that Mr. Vice-Chamberlain both Mr. Secretaries and Mr. Chancellor of the Exchequer shall by Order of this House and in the name of this whole House move the Lords of the Clergy to continue unto her Majesty the prosecution of the purposes of reformation which they the said Mr. Vice-Chamberlain Mr. Secretaries and Mr. Chancellor of the Exchequer had before of themselves and not as from this House moved unto their Lordships and also shall further impart unto their Lordships the earnest desire of this House for redress of such other griefs contained likewise in the said Petitions as have been touched this day in the said Motions and Arguments as to their good wisdoms shall seem meet And then upon a Motion made by M r Speaker it was further agreed that all the said Speeches Motions and Arguments should by the whole House be deemed in every man to proceed of good and godly zeal without any evil intent or meaning at all and so and for such to be construed and reported accordingly and not otherwise or in any other manner Vide March the 7 th On Saturday the 4 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for naturalizing of certain English mens Children born beyond the Seas was read the third time and passed upon the Question The Bill touching Wrecks of the Seas was read the second time and the Amendments were twice read and Ordered to be ingrossed The Bill against disobedience to her Majesty in respect of the usurped See of Rome c. was brought in by M r Treasurer one of the Committees and then read the first time and was also upon the Question Ordered by this House to be now presently read again and so was read the second time and after many Speeches was Ordered to be ingrossed M r Attorney General and M r Doctor Lewes did bring from the Lords three Bills viz. One for Consirmation of a Subsidy of the Clergy Another for increase of Mariners and for the maintenance of the Navy And the third for the Inning of Erith and Plumsted Marsh. The Bill for Leases for Tenant in Tail was read the third time and passed upon the Question The Bill for re-edifying of Cardiffe-Bridge and the Bill for Leases of Tenant in Tail were sent up to the Lords by M r Secretary Wilson and others Three Bills had each of them their third reading and passed upon the Question of which the last was the Bill touching Cloths called Tauntons and Bridgewaters Post Meridiem The Bill for repair of Dover-Haven was read the second time and committed unto Sir William Winter Sir Edward Horsey Mr. Recorder of London Mr. Sands Mr. Dalton and others and the Bill was delivered to the said Sir Edward Horsey who with the rest was appointed to meet upon Monday next at seven of the Clock in the Forenoon in the Exchequer Chamber The Bill for the Hospital of Ledbury in the County of Hereford was read the second time and committed unto Mr. Skidmore Mr. Cromwell Mr. Philipps Mr. Powley and Mr. Edward Stanhope and the Bill was delivered to Mr. Cromwell who with the rest was appointed to meet in the Committee Chamber of this House upon Monday next at seven of the Clock in the Forenoon Four Bills also of no great moment had each of them one reading of which the first being the Bill for the maintenance of Mariners and of Navigation was read the first time The Bill touching Iron-Mills near the City of London and the River of Thames was read the second time and this reading to stand for no reading Quod nota On Monday the 6 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill to retain the Queens Subjects in their due obedience was read the third time and passed upon the Question Mr. Doctor Gibbon and Mr. Doctor Clark did bring from the Lords a Bill touching a certain Rent-Charge unto the Bishop of Coventry and Litchfield and his Successors out of the Lands of Edward Fisher Esquire Six Bills were sent up to the Lords from the House of Commons by all the Privy-Council being Members of this House of which one was the Bill for Confirmation of the Subsidy granted by the Clergy and another to retain the Queens Majesties Subjects in their due obedience with special recommendation from this House unto their Lordships touching the latter of the said Bills The Bill for the repairing of Dover-Haven was twice read and committed unto the former Committees and all the Privy-Council being Members of this House M r Dale Master of the Requests and Mr. Recorder of London were added unto them and appointed to meet at the Exchequer Chamber upon Wednesday next at two of the Clock in the Afternoon On Tuesday the 7 th day of March the Bill against secret Conveyances and deceitful sale os Lands was read the first time Mr. Chancellor of the Exchequer declared that Mr. Vice-Chamberlain both Mr. Secretaries and himself have according to their Commission from this House conferred with some of my Lords the Bishops touching the griefs of this House for some things very requisite to be reformed in the Church as the great number of unlearned and unable Ministers the great abuse of Excommunication for every matter of small moment the Commutation of Penance and the great multitude of Dispensations and Pluralities and other things very hurtful to the Church and in the name of this House desired their Lordships to join with them in Petition to her Majesty for reformation of the said abuses declaring further that they found some of the said Lords the Bishops not only ready to confess and grant the said defects and abuses wishing due redress thereof but also very willing to join with the said Committees in moving of her Majesty in that behalf Whereupon they afterwards joined in humble suit together unto her Highness and received her Majesties most Gracious Answer That as her Highness had the last Session of Parliament of her own good consideration and before any Petition or Suit thereof made by this House committed the charge and consideration thereof unto some of her Highness Clergy who had not performed the same according to her Highness Commandment so her Majesty would eftsoons commit the same unto such others of them as with all convenient speed without remissness and slackness should see the same accomplished accordingly in such sort as the same shall neither be delayed nor undone For the which as they did all render unto her Majesty most humble and dutiful thanks so did Mr. Chancellor further declare that the only cause why no due reformation hath been
already had was only by the negligence and slackness of some others and not of her Majesty nor of this House alledging withal that some of the said Bishops had yet done something in those matters delivered by her Majesty to their Charge as in a more advised care of following and making of Ministers but yet in effect little or nothing to the purpose And so concluding moved this House to rest satisfied with her Majesties said most Gracious Answer and to resolve upon some form of yielding thanks unto her Highness for her most Gracious Acceptation of the humble Petition of this House unto her Highness in that behalf and also in putting her Majesty in remembrance for Execution thereof at her Highness good pleasure Vide concerning this business on Friday the third day of this instant March foregoing Two Bills also of no great moment had each of them one reading of which the second being the Bill for maintenance of the Borders and Frontiers against Scotland was twice read and Ordered to be ingrossed Mr. Chancellor of the Exchequer after sundry Motions and Arguments for the manner and form of proceeding in giving most humble thanks unto her Majesty for her Highness said most Gracious Acceptation of the most humble Petition of this House unto her Highness for redress of sundry Enormities in the Church and for the further putting of her Majesty in remembrance for Execution of the same moved that not this whole House nor any chosen or selected number of the same but rather M r Speaker in his Oration upon the last day of this Session do in the name of this whole House then yield unto her Highness their most humble and dutiful thanks with their like remembrance and continuation of their most humble and lowly Petition and Suit unto her Majesty for the speedy Execution and accomplishment thereof at her Highness good pleasure Vide concerning this business on Friday the third day of this instant March foregoing M r Serjeant Anderson and M r Doctor Clark did bring from the Lords an Act for reformation of errors in Fines and common Recoveries It is resolved by the House upon the Question that M r Speaker in the name of this whole House do in his Oration to her Majesty upon the last day of this present Session of Parliament give unto her Highness most humble and dutiful thanks in the name of this whole House for her Majesties said most Gracious Acceptation and Consideration of the said humble Petition and Suit of this House unto her Highness and do also put her Majesty in remembrance for the Execution and accomplishment thereof at her Highness good pleasure in such sort as to M r Speaker without receiving instruction or direction of any of this House shall seem most meet and convenient Vide concerning this matter on Friday the third day of this instant March foregoing On Wednesday the 8 th day of March the Bill for Inning of Erith and Plumsted-Marsh was read the first time and committed unto Sir Thomas Scott Sir William Moore Sir Thomas Browne Sir Rowland Hayward Mr. Grimsditch and others and the Bill was delivered to the said Mr. Grimsditch who with the rest was appointed to meet this Afternoon in the Temple-Hall at two of the Clock The Bill for the assurance of Rent-Charge of eighty two pounds ten shillings to the Bishop of Coventry and Litchfield and his Successors was read the first time and thereupon committed to the last former Committees Quod nota and was delivered to Sir Rowland Hayward one of the said Committees to meet at the said time and place before-mentioned Three Bills also of no great moment had each of them one reading of which the second being the Bill against erecting of Iron-Mills near unto the City of London or River of Thames was read the second time and Ordered to be ingrossed The two Bills last passed were sent up to the Lords by Mr. Chancellor of the Dutchy Mr. Chancellor of the Exchequer and others Mr. Attorney General and Mr. Serjeant Anderson did bring from the Lords the Bill against slanderous rumors and other seditious practices against the Queens Majesty which first passed the Upper House and being brought down into this House was afterwards sent from hence thither again with a certain Schedule of Amendments and also with an Addition thereunto of this House ingrossed in Parchment but not indorsed with soit baille aux Seigneurs for want whereof their Lordships had no Warrant to deal therewith any further and therefore willed that this House would either withdraw the said Addition ingrossed and so to pass the Bill or else cause the same to be indorsed that their Lordships might further proceed accordingly Whereupon immediately after the departing of the said Mr. Attorney and Mr. Serjeant Anderson the said Addition was indorsed and sent up by Mr. Treasurer and others The Bill for the relief of the Creditors of Sir Thomas Gresham K t deceased was read the first time Mr. Lieutenant of the Tower Sir Thomas Scott Mr. Cromwell Mr. Atkins and Mr. Norton were appointed to confer together touching the answering and satisfying of the Contents of a Letter written by M r Hill to M r Speaker which was here read in the House by the Clerk and delivered to M r Cromwell one of the Committees to be considered by him and the residue of the said Committees accordingly Vide de ista materia on Tuesday the 14 th day of February foregoing as also on Saturday the 18 th day of this instant March following On Thursday the 9 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for colouring of strangers goods was read the first time Sir Rowland Hayward one of the Committees in the Bill for confirmation of an assurance of a Rent-Charge of eighty two pounds ten shillings to the Bishop of Coventry and Litchfield and his Successors and for the Bill touching the Inning of Erith and Plumsled Marsh who were appointed immediately on the day foregoing declared that such saving as they think meet to be had in both the said Bills is conceived by the Committees already The Bill for Confirmation of an assurance of a Rent-Charge of eighty two pounds ten shillings to the Bishop of Coventry and Litchfield and his Successors was read the second time and thereupon M r Recorder of London and M r Cowper were added to the former Committees and appointed to meet this Afternoon at the said Temple-Hall The Bill for repair of Dover Haven was twice read and Ordered to be ingrossed M r Attorney General and M r Doctor Gibbon did bring from the Lords the Bill against slanderous Speeches and seditious practices against the Queens Majesty declaring that their Lordships do require the consent of this House to some things altered and added by their Lordships to the said former alterations and Additions of this House and withal that their Lordships have already
to the Lords from the House of Commons of which the first was an Act for confirmation of the Subsidy of the Clergy Four Bills also of no great moment had each of them one reading of which the first being a Bill for the continuance of divers Statutes was read secunda vice No mention is made in the Journal-Book of the continuance or Adjournment of the Parliament which seemeth to have been omitted by the Clerks negligence On Wednesday the 26 th day of March Three Bills were read of which the first being a Bill to avoid secret Outlawries of her Majesties Subjects was read tertia vice and sent to the House of Commons by D r Carew One Bill also of no great moment was sent up to the Lords from the House of Commons On Thursday the 27 th day of March divers of the Lords Spiritual and Temporal met but nothing was done saving the continuance of the Parliament unto the day next following On Friday the 28 th day of March Three Bills were sent up to the Lords from the House of Commons of which the first was a Bill for Explanation or Declaration of the Statute of the eighth year of H. 6. concerning forcible Entries the Inditements thereupon found expedite A Bill for the Naturalizing of Joice the Daughter of Ralph Esking Gentleman and Wife of Richard Lambert Merchant born beyond the Seas was read secunda tertia vice and expedited Dominus Cancellarius continuavit praesens Parliamentum usque in Crastinum dimid horae ante septimam On Saturday the 29 th day of March to which day the Parliament had been last continued one Bill for continuance of divers Statutes was read tertia vice and sent to the House of Commons by D r Stanhope and M r Powle M r Doctor Carew in some other places also written Carie and M r Doctor Stanhop do bring from the Lords two Acts viz. the Act of the Queens most gracious general and free Pardon and also the Act of the two Subsidies and four Fifteenths granted by the Temporalty which they carried down to the House of Commons from whence the Bill of Pardon having there passed it was a little after sent back again unto their Lordships by M r Fortescue and others Nota That the sending of these two Bills is omitted in the Original Journal-Book of the Upper House and is therefore supplied out of that of the House of Commons The presence of such Lords as attended her Majesty who was her self this day at the Dissolving of the Parliament in Person is not much differing from that set down on Saturday the 8 th of February foregoing only the two Earls of Northumberland and Essex then absent attended this day as also the Lord Strange the Lord Morley the Lord Talbot the Lord Wentworth and the Lord de la Ware were at this time also present though not then Whereas the Lords Audeley and Cromwell then present were now absent and for the Spiritual Lords it appeareth not at all who were present These being thus set and the House of Commons with Serjeant Snagg their Speaker being let into the Upper House the said Speaker according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free testimony of the faithful and loyal respects of their Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses After the passing of which Bills the Dissolution of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum It should seem that her Majesty gave her Royal Assent and that this Parliament was Dissolved this present Saturday the 29 th day of March in the Forenoon contrary to the usual course in such cases accustomed for it appeareth in all other Journals for the most part to have been deferred till the Afternoon and that this present Parliament was so Dissolved as aforesaid it appeareth plainly by the last continuance of it on Friday immediately foregoing to this day in the Forenoon half an hour before seven of the Clock to which early and unusual time of the day I suppose it was continued because all things might be better expedited against her Majesties coming THE JOURNAL OF THE House of COMMONS An Exact and perfect Journal of the Passages of the House of Commons 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. THIS Parliament was Summoned about three Months after Gods miraculous preservation of Religion the Realm and her Majesties Person from the ambitious and bloody Conquest of the Spanish King and therefore the House did not only regard their private business as the passing of Bills discussing Elections preserving their Priviledges and the like with which this Journal is abundantly stored but also the publick safety of her Majesty and her Realms by aiding her Highness with the unusual and extraordinary gift of four Fifteenths and Tenths and two entire Subsidies the Clergy also adding two Subsidies of their own and by desiring her also in the conclusion of this Parliament to denounce open War against the King of Spain who had so lately invaded her whom they concluded to have been the Root and Fountain of all the Conspiracies practised and of all the Rebellions raised against her Majesty Although this Parliament had been summoned to have begun and to have been holden on Tuesday the 12 th day of November last past yet it held not but was upon the said day in the thirtieth year of her Majesties Reign further Prorogued by her Majesties Writ unto Tuesday the 4 th day of February in the thirty first year of the same On which said Tuesday the 4 th day of February it held accordingly and her Majesty came in Person unto the Upper House where Sir Christopher Hatton being now Lord Chancellor in her Highness presence declared unto the Lords Spiritual and Temporal and to the Knights Citizens and Burgesses of the House of Commons then and there Assembled how great happiness they enjoyed under her Majesties peaceful and victorious Reign and that though the Spanish late Wonderful Fleet had been lately defeated yet there wanted not still power and malice in him against this Nation and her Majesty and so much the more implacable it may be conjectured he now remains because of his late defeature and loss before-mentioned And therefore he shewed that the cause of the calling of this Parliament was to provide by common Counsel against all his future attempts And lastly he gave notice to
those of the House of Commons to make present choice of some one amongst them to be their Speaker Whereupon the Knights Citizens and Burgesses of the said House departing thither did chuse George Snagg Serjeant at Law for their said Prolocutor who having modestly disabled himself was notwithstanding allowed by the House and thereupon placed by two of the most eminent Personages thereof in the Chair Concerning the former Prorogation or this latter days Passages upon the Parliament began there is not any one word in the Original Journal-Book of the House of Commons which as it seemeth happened through the great negligence of M r Fulk Onslow at this time Clerk of the said House For in the first page of the same Journal in the upper part thereof it is thus written viz. Martis 4 to Februarii Anno Reginae Eliz. 31 o 1588. and after it the whole leaf is left a blank with intention doubtless at first that the manner of the beginning of this Parliament on the said day together with the choice of the foresaid Speaker should have been inserted at large It should seem also that according to her Majesties continuance of the Parliament on the foresaid Tuesday the 4 th day of February unto two of the Clock in the Afternoon of the Thursday following being the 6 th day of the same Month the House of Commons sate not this present Wednesday being the 5 th day thereof and the rather because their Speaker was not yet presented which is gathered as the Passages also of the two former days are transcribed out of the Original Journal-Book of the Upper House that so by that means this present Journal might remain perfect On Thursday the 6 th day of February the Knights Citizens and Burgesses of the House of Commons having notice about two of the Clock in the Afternoon that her Majesty and the Lords Spiritual and Temporal were already come unto and had taken their several places in the Upper House expecting their attendance they repaired thither with George Snagg Serjeant at Law their Speaker or Prolocutor Elect and presented him unto her Majesty who notwithstanding his humble disablings and excuses of himself did by the Mouth of the Lord Chancellor signifie her allowance of him and afterwards also did in like manner Answer to his Petitions of course made in the name of the House of Commons for freedom of Access liberty of Speech and freedom from Arrests and Suits and lastly in his own name 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 no mention made of the manner of the Presentment of the Speaker before mentioned in the Original Journal-Book of the House of Commons but only in the upper part of the second leaf thereof is written in one line M r Serjeant Snagg M r Speaker presented and immediately under it in another line do follow these words viz. Jovis 6 o die Februarii 1588. and after it the whole page is left a blank except a few lines in the bottom of it which contain the Bill usually read after the Knights Citizens and Burgesses of the said House of Commons return to their own House with their Speaker newly admitted upon their Presentment of him Which said blank page was doubtless left as those others before mentioned to the intent and end at the first to have inserted therein the whole form and manner of the said Presentment and Admission The foresaid Bill finally read at this time upon the return of the Speaker and the rest from the Upper House is Entred in the said Journal-Book in manner and form following viz. And then was read a Bill for reformation of deceitful practices used in reversal of Fines at the Common Law the first reading On Friday the 7 th day of February upon a Motion made unto this House which had likewise been made yesterday touching matters of the priviledge of this House it is Ordered that M r Comptroller Sir William Moor M r Lieutenant of the Tower Sir George Barnes M r Recorder of London M r Robert Wroth M r Thomas Cromwell M r Morrice M r Humfry Conisbie and M r Francis Alford and every of them shall examine such matters of priviledge as shall happen in this present Session of Parliament to come in question and to make reports thereof unto this House for the further order and resolution of this House and every of the same cases as shall appertain The Bill touching Informers and Informations upon penal Statutes was read the first time Upon report this day made by John Butler Esquire one of the Burgesses for the Borough of Malden in the County of Essex that William Vernon Gentleman also returned the other Burgess for the same is sick and not able to give his attendance in the service of this House and likewise willing and desirous that another be chosen to serve in his place It is Ordered that a Warrant from this House be made unto the Clerk of the Crown for sending forth a new Writ for chusing another Burgess in the lieu and stead of the said William Vernon Upon the like Motion also by Hugh Hare Gentleman one of the Burgesses for the Borough of Halesmeer in the County of Surrie made on the behalf of Nicholas Hare Esquire returned one of the Burgesses for the Borough of Horsham in the County of Sussex It is Ordered that a like Warrant be made for the returning of another Burgess for the said Borough of Horsham in the lieu and stead of the said Nicholas Hare This day the House was called and all those that did then sit in the House and were present at the calling of the same did thereupon severally Answer to their names and departed out of the House as they were called Amongst whom one Master Gerrard Esquire being returned into this House one of the Knights for the County of Lancaster and also for the County of Stafford made his choice to appear and stand for the said County of Stafford and thereupon it was Ordered that a Warrant of this House should be directed to the Clerk of the Crown for her Majesties Writ to chuse a new Knight for the said County of Lancaster in the lieu and stead of the said M r Gerrard On Saturday the 8 th day of February the Bill to avoid the abuses grown by forestalling Ingrossing and Regrating was read the first time Upon a motion this day made by Sir Edward Hobby touching the sundry abuses of returning the Knights and Burgesses into this House this present Session of Parliament as in some not returned at all some others returned erroneously and for some places for which none hath been returned heretofore and some returned superfluously
of this instant January foregoing and had thought fit that the said old Bill should be rejected The new Bill also for the disposing of certain Lands to M r Thomas Knivet was read the first time after that the old Bill had been rejected by the Committees thereof who were appointed on Wednesday the 18 th day of this instant January foregoing The Bill for Confirmation of the Joynture of Mary Lady Verney was upon the second reading committed unto M r Philips M r Sands M r Francis Goodwin M r Snagg M r Oglethorpe and others and the Bill with the Committees names were delivered to M r Snagg who with the rest were appointed to meet at four of the Clock this Afternoon in the Middle-Temple Hall The Bill for establishing an Award made between Edmund Cotten Gentleman and Thomas Harvey Yeoman for the assurance of certain Lands in the County of Norfolk to Thomas Bennet and his Heirs for ever was read the third time and passed upon the question the learned Councel on both sides being first heard at large at the Bar. After sundry long Speeches by divers Members of this House in the Bill for Confirmation of the Joynture of Christian Lady Sands both with the Bill and against the Bill with some motions for having the matter between the Lord Sands and Sir Walter Sands referred to Arbitrement or Comprmise it was at last resolved upon the question that according to the said Motions the said course should be taken for Compromise accordingly and the said Parties should become bound each to other for the performance of such Award or Arbitrement as should be made by Arbitrators to be named by this Court And further that the said Lord Sands and Sir Walter Sands be warned to be here in this Court to Morrow to understand the purpose of this House in that behalf accordingly Vide concerning this matter on Saturday the 21. day of this instant January foregoing Vide etiam diem sequentem M r Comptroller shewed that himself and the residue of the Committees appointed by this House for Conference with the Lords touching the Bill Intituled An Act for the increase of People for the service and Defence of the Realm have attended their Lordships this Morning according to the Charge of this House given to him and the residue of the Committees for that purpose And further shewed that their Lordships having perused and considered the Answer of this House in writing to their Lordships Objections in writing delivered by them to this House their Lordships cannot give passage to the said Bill But liking very well of the purpose and intent of the said Bill their Lordships do wish another Bill to be drawn and proceeded in to the said effect in some good course and do purpose to send down unto this House to Morrow Morning some points or heads in writing for that purpose Vide touching this business on Thursday the 12 th day Saturday the 14 th day Monday the 16 th day Wednesday the 18 th day Thursday the 19 th day and on Monday the 23 d day of this instant January foregoing Vide itidem diem sequentem On Wednesday the 25 th day of January M r Snagg one of the Committees in the Bill for Confirmation of the Joynture for the Lady Mary Verney wife of Sir Edmund Verney Knight who were appointed on the day foregoing shewed the meeting and travel of the Committees and some few Amendments in the same Bill and so delivered in the Bill Two Bills of no great moment had each of them one reading of which the second being the Bill for the avoiding of deceit in Measure and Weights was read the first time The Committees in the Bill for the better measuring of seven Miles from the Town of great Yarmouth who were appointed on Monday the 23 d day of this instant January foregoing are ordered to meet at two of the Clock this Afternoon in the Exchequer Chamber The Committees in the Bill also for reviving continuing and explanation of an Act for the necessary relief of Souldiers and Mariners are likewise to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the better Execution of Judgments was upon the second reading committed unto M r Brograve Attorney of the Dutchy M r Finch M r Yelverton Mr. Carew Mr. Francis Bacon and others and the Bill and Committees names were delivered to the said Mr. Carew who with the rest was appointed to meet this Afternoon at two of the Clock in Grayes-Inn Hall The Amendments in the Bill for erecting and building of a Bridge over the River of Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford being twice read the same was upon the question ordered to be ingrossed The Amendments in the Bill for Confirmation of the Jointure of the Lady Verney Wife of Sir Edmund Verney Knight being twice read the Bill was upon the Question ordered to be ingrossed The Amendments in the Bill for the reuniting of the Mannor of Paris Garden in the County of Surrey being twice read the Bill was upon the question Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill to restrain the excessive making of Mault was read the third time and after sundry Arguments both with the Bill and against the Bill and certain words stricken out in the first Proviso in one place thereof the word such and in another place thereof these words or Maults for his own expences only passed upon the Question Mr. Attorney General and Mr. Doctor Stanhop do bring word from the Lords that whereas a selected number of their Lordships in a Verbal Conference with a Committee of some of the Members of this House concerning a Bill lately passed in the Upper House and sent down by their Lordships unto this House Intituled An Act for the better Explanation and Execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning Tellors Receivors c. divers exceptions were then taken by the Committees of this House unto the said Bill and were afterwards sent up to their Lordships by this House in writing with which said Exceptions their Lordships not being satisfied have sent down unto this House their Lordships Answer unto the same also in like manner in writing And so did then deliver the same to Mr. Speaker and departed Which Message being reported unto the House by Mr. Speaker it was resolved that the former Committees of this House in that Cause who were appointed on Monday the 5 th day of December foregoing with some others then added unto them should meet this Afternoon at two of the Clock in the Exchequer Chamber to confer and consider of their Lordships said Answer in writing accordingly The Lord Sands and Sir Walter Sands being present in this House Mr. Speaker imparted unto them the Motion of this House for compromising the Cause Whereunto the Parties