day last immediately foregoing Mr. Tanfeild speaking next held that a person Outlawed might be a Burgess of the House Wherein he made a difference where exception to the Burgess grew upon matter before the Election and where after If the exception grew after then a Burgess Elected must not be one of the House If exception be taken to this Election and this Outlawry alledged to disable him the Statute of 23 Hen. 6. cap. 15. will disable most of this House for they ought not to be Burgesses now if this be not a good Election Thence it follows that the party Elected is to have his priviledge And though the Common Law doth disable the party yet the priviledge of the House being urged that prevaileth over the Law Then said Mr. Speaker I desire that I may be heard a word not that I have any Voice or assent to give though I am of the House but because I am a Servant to the House and have somewhat to speak It appertaineth to my duty and place which I desire to have leave to utter for my Speech shall not tend to meddle to decide the Question but only to inform the House of my knowledge and to do that duty which I think belongeth to my self The Questions delivered by the Committees were these two First Whether Mr. Fitzherbert were any Member of the House And secondly If he were whether to have the priviledge It hath been my manner ever since my first practice to observe strange learning especially such as appertaineth to the Law as in this of the priviledge of this House therefore I will inform what I have learned First this Writ of priviledge must go from the Body of this House made by me and I to send it into the Chancery and the Lord Keeper is to direct it Now before we make such a Writ let us know whether by Law we may make it or whether it will be good for the Cause or no. For my own part my hand shall not sign it unless my heart may assent unto it And though we make such a Writ if it be not warrantable by Law and the proceeding of this House the Lord Keeper will and must refuse it No man shall stand more for the priviledge of this House than I will and what is the priviledge of this House is meet should be observed To the matter first there hath been inforc't her Majesties Commandment I obey any Commandment of her Majesties knowing them to be Great and Reverend as far as any body But I do not take it that we have received any such Commandment for her Majesties Commandment by the Lord Steward was to every man that stood Outlawed We have no such Command Now whether a Man Outlawed may be a Burgess I hold it no question but that a Man Outlawed Attainted or Excommunicated or not lawfully Elected if he be returned out of all doubt is a lawful Burgess This is proved by Book Authority and express Statutes as that of 11 H. 4. Cap. 1. a. a Knight untryed returned shall lose his Wages therefore allowed by the Statute to be a Knight though untruly returned and the penalty is only to lose his Wages Another Authority is in 8 H. 8. Cap. 10. And if we go to examine persons Elected to Parliament we shall then dissolve all Parliaments and call in question all former Laws made by reason there were not lawful and able Law-Makers If it appeareth once unto us by Record that such a Man is Burgess we must believe the Record and make no question of it For if such matters shall be examinable by us then must we try it by witness from the place where the fact was and so shall those a great way hence be driven by witness to prove whether we be lawful Burgesses or no which will be very inconvenient But matters of Record such as appear unto us to be recorded these are to be examined by us for the Record is to be seen So that for priviledge I would grant it if it were Sedente Parliamento eundo redeundo or manendo to every Member of this House But the Cause with Mr. Fitzherbert being that after his Election and before his Return he is Arrested and in Execution by a Capias after Judgment whether this Man be to be priviledged or no. I will but speak what I think and what I have learned and I have good precedents for In this Cause he is not to have priviledge For the question is whether the Sheriff be to take notice of this Nomination or not before he is returned unto him Elected And I think not for it appeareth not unto the Sheriff before he is returned whether he be Elected or not So this Nomination is not a thing whereof he is tyed to take notice In Ferris and Tenures Case in 38 H. 8. fol. 60. You may see this Case Thomas Thorp 31 H. 6. was chosen Speaker of the Parliament and after his Election and before the Parliament upon a Suit betwixt the Duke of York and him Thorp was taken in Arrest and put in Execution Hereupon he put up his Petition to the House of Parliament to have the priviledge Upon the resolution of both Houses it was yielded he could not have the priviledge of the House This was also in H. 6. time and in 2 Ed. 4. fol. 8. I think the opinion there of Danby is referred to this Cause And because Mr. Fitzherbert stood Outlawed upon Judgment a matter that is recorded it were meet the whole cause were brought before us that we might the better judge upon it And I think this course best standing with the gravity of this House before that we made out any Writ to grant a Habeas Corpus cum causa returnable in Chancery and the Sheriff to appear the whole matter being transmitted out of the Chancery hither we to judge upon the whole Record as it shall appear And upon this Writ granted the Sheriff bringing up the party it shall be no escape in the Sheriff nor the party shall not lose his Action of Debt though he be delivered This Course was well liked and the Motion agreed unto by the greater part of the House Vide Mar. 1. antea Mar. 17. post Apr. 5. Thus far out of the before-mentioned Anonymous Journal touching the aforesaid Question how far an Outlawed Man might be a Member of the House The which and the further proceeding therein being by the Speaker interposing himself for this time reconciled and upon the matter agreed upon there followed the agitation of the great business touching the danger of the Realm and supply to be given to her Majesty which had been before treated of by two select Committees of either House as may fully appear by the Report of that which was done at the said Committee made this day unto the House by Sir Robert Cecill who had been one of them Which being very exactly set down in the Original Journal-Book it self of
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
the Woolsacks and the Queen 's Learned Council on the outside of the Woolsacks next the Earls The Masters of the Chancery sate two of the same side and two on the other side next the Bishops The Clerk of the Parliament and the Clerk of the Crown sate on the lower Woolsack and had a Table before them And the Clerk of the Parliament had his Clerks under him who kneeled behind the Woolsack and wrote thereon All those Peers as appears by the Journal of the Upper House A. 8. Regin Eliz. the 2. day of Feb. being Wednesday which follows after in its due place who are before mentioned had their Mantles Hoods and Surcoats being of Crimson Velvet or of Scarlet furred with Meniver their Arms put out on the right side and the Duke of Norfolk had four Bars of Meniver The Marquess of Winchester and the Earls three And the Viscounts and the Barons two Henry Earl of Southampton and the Lord Dacres of the North were as I conceive at this time both under Age and in ward to her Majesty and if they were present as many times such were admitted upon such Solemn days as these then doubtless they did either stand besides the upper part of the rail at the higher end of the Parliament House or else were admitted to kneel at the upper end of the said House near the Chair of State for no Peer is called to sit as a Member of that great Council or to have his free voice until he have accomplished his full Age unless by the special grace of the Prince and that very rarely unless they be near upon the Age of twenty at the least The Sons and Heirs apparent of Peers that sit in the House stand on ordinary days without the upper Rail These Animadversions being thus premised touching the places and Robes of the Peers now follows the coming up of the Knights Citizens and Burgesses of the House of Commons into the Upper House which being not found in the Original Journal Book of the same I have suppli'd with some additions out of the Original Journal Book of the House of Commons A. primo Regin Eliz. and with it the Speech of Sir Nicholas Bacon Lord Keeper at large out of a Copy thereof I had by me The Knights Citizens and Burgesses of the House of Commons remained sitting in their own House till notice was brought them by ..... according to the Ancient Custom and usage that her Majesty the Lords Spiritual and Temporal and the residue were set in the Upper House expecting their repair thither whereupon they went up immediately unto the said House and being set in as many as conveniently could and standing below the Rail or Bar at the nether end of the said House Sir Nicolas Bacon Lord Keeper after he had first privately in the presence of them all conferred with her Majesty went and stood behind the Cloth of Estate on the right hand and there spake as followeth viz. MY Lords and Masters all The Queen 's most excellent Majesty our Natural and most Gracious Sovereign Lady having as you know Summoned hither her High Court of Parliament hath commanded me to open and declare the chief Causes and Considerations that moved her Highness thereunto And here my Lords I wish not without great cause there were in me ability to do it in such order and sort as is beseeming for her Majesties honour and the understanding of this presence and as the great weightiness and worthiness of the Matter doth require it to be done The remembrance whereof and the number of my imperfections to the well performing of it doth indeed plainly to speak breed in me such Fear and Dread that as from a man abashed and well nigh astonied you are to hear all that I shall say therein True it is that some Comfort and Encouragement I take through the hope I have conceived by that I have seen and heard of your gentle sufferance by others whereof I look upon equal cause equally with others to be partaker and the rather for that I am sure good will shall not want in me to do my uttermost And also because I mean to occupie as small a time as the greatness of such a cause will suffer thinking that to be the meetest Medicine to cure your tedious hearing and mine imperfect and disordered speaking Summarily to say the immediate cause of this Summons and Assembly be Consultations Advice and Contentation For although divers things that are to be done here in Parliament might by means be reformed without Parliament yet the Queen's Majesty seeking in her Consultation of importance Contentation by assent and surety by Advice and therein reposing her self not a little in your Fidelities Wisdoms and Discretions meaneth not at this time to make any Resolutions in any matter of weight before it shall be by you sufficiently and fully debated examined and considered Now the Matters and causes whereupon you are to Consult are chiefly and principally three points Of those the first is of well making of Laws for the according and uniting of these people of the Realm into an uniform order of Religion to the Honour and Glory of God the establishing of the Church and Tranquillity of the Realm The second for the Reforming and removing of all Enormities and Mischiefs that might hurt or hinder the Civil Orders and Policies of this Realm the third and last is advisedly and deeply to weigh and consider the Estate and Condition of this Realm and the Losses and Decays that have happened of late to the Imperial Crown thereof and therefore to advise the best remedies to supply and relieve the same For the first the Queen's Majesty having God before her Eyes and being neither unmindful of Precepts and Divine Councils meaneth and intendeth in this Conference first and chiesly there should be sought the advancement of God's honour and Glory as the sure and infallible foundation whereupon the Policies of every good Common-Wealth are to be erected and knit and as the straight line whereby it is wholly to be directed and governed and as the chief Pillar and Buttress wherewith it is continually to be sustained and maintained And like as the well and perfect doing of this cannot but make good success in all the rest so the remiss and loose dealing in this cannot but make the rest full of imperfections and doubtfulness which must needs bring with them continual Change and alteration things much to be eschewed in all good Governances and most of all in matters of Faith and Religion which of their natures be and ought to be most Stable Wherefore her Highness willeth and most earnestly requireth you all first and principally for the Duty you bear unto God whose cause this is and then for the Service you owe to her Majesty and your Country whose Weal it concerneth universally and for the Love you ought to bear to your selves whom it toucheth one by one particularly That in this Consultation you with
with great care and charge to your Self And thus my Lords diversly bound as your Majesty hath heard are now to open to your Highness their humble Petitions and Suits consisting in two points chiefly which not sundrily or the one without the other but both jointly they desire your Highness to assent to The Former is that it would please your Majesty to dispose your self to Marry where it shall please you with whom it shall please you and as soon as it shall please you The second that some such limitation might be made how the Imperial Crown of this Realm should remain if God call your Highness without Heirs of your Body which our Lord defend so as these Lords and Nobles and other your Subjects then living might sufficiently understand to whom they should owe their Allegiance and Duty due to be done by Subjects and that they might by your Majesties Licence and with your Favour treat and confer together this Parliament time for the well-doing of this The former of these two which is your Marriage they do in their hearts most earnestly wish and pray as a thing that must needs breed and bring great and singular comfort to your Self and unspeakable joy and gladness to all true English Hearts But the second carrieth with it such necessity that without it they cannot see how the safety of your Royal Person the preservation of your Imperial Crown and Realm shall be or can be sufficiently and certainly provided for Most Gracious and Soveraign Lady The Lamentable and pitiful Estate and Condition wherein all your Nobles and Councellors of late were when it pleas'd God to lay his heavy hand upon you and the amazedness that most men of understanding were by the Fruit of that Sickness brought into is one cause of this their Petition The second the aptness and opportunity of the time by reason of this Parliament whereby both such advice consideration and consent as is requisite in so great and weighty a cause may be better heard and used than at any other time when no Parliament is The third for that the assenting and performing of these Petitions cannot as they think but breed great terror to our Enemies and therefore must of necessity bring great surety to your Person and especially by addition of such Laws as may be joined with this limitation for the certain and sure observing of it and preserving of your Majesty against all practices and chances The fourth Cause for that the like as it is supposed hath been done by divers of your Noble Progenitors both of old time and of late days and also by other Princes your Neighbours of the greatest Estate in Europe and for that Experience hath taught that good hath come of it The fifth for that it appeareth by Histories how that in times past persons Inheritable to Crowns being Votaries and Religious to avoid such dangers as might have hapned for want of Succession to Kingdoms have left their Vows and Monasteries and taken themselves to Marriage as Constantia a Nun Heir to the Kingdom of Sicily Married after fifty Years of Age to Henry the Sixth Emperour of that name and had Issue Frederick the Second And likewise Peter of Aragon being a Monk Married the better to establish and pacify that Kingdom Again Antonius Pius is as much commended for that not two days before his Death he said to his Council Laeto animo morior quoniam filium vobis relinquo Pyrrhus is of all Godly men detested for saying he would leave his Realm to him that had the sharpest Sword What but want of a Successor known made an end of so great an Empire as Alexander the Great did leave at his Death The sixth cause is for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods Lands and Lives in your Service according to their bounden Duties which of necessity must breed great surety also to your Majesty The seventh cause because the not doing of this if God should call your Highness without Heir of your Body which God grant never be seen if it be his Will and yet your Majesty right well knoweth that Princes and their Off-spring be they never so great never so strong never so like to live be yet Mortal and subject every day yea every hour to Gods Call my Lords think this happening and no limitation made cannot by their Judgments but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm by the Factions Seditions and Intestine War that will grow through want of understanding to whom they should yield Allegiance and Duty whereby much innocent blood is like to be shed and many of those to lose their Lives that now would gladly bestow them for your sake in your Majesties Service The eighth for that the not performing of this the other happening doth leave the Realm without Government which is the greatest danger than can happen to any Kingdom For every Prince is anima Legis and so reputed in Law and therefore upon the Death of Princes the Law dyeth all the Offices of Justice whereby the Laws are to be Executed do cease all Writs and Commandments to call parties to the Execution of Justice do hang in suspence all Commissions for the Peace and for the punishment of Offendors do determine and lose their force whereby it followeth consequently that Strength and Will must Rule and neither Law nor Reason during such a Vacation and inter-Reign wherein such an incertainty ofSuccession is like to last so long as it is to be feared if Gods mercy be not the greater that thereby we may become a prey to Strangers which our Lord defend or at least lose the great honour and estimation that long time hath pertained to us And like as most Gracious Soveraign my Lords have been moved for the Worldly respect aforesaid to make these their humble Petitions to your Majesty so by the Examples Counsels yea and Commandments that they have heard out of the sacred Scriptures and for Conscience sake they feel themselves constrained and enforced to do the like God your Highness knoweth by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life and on the contrary he hath pronounced contrary wise and therefore Abraham pray'd to God for Issue fearing that Eliazar his Steward should have been his Heir and had promise that Kings should proceed of his Body Hannah the Mother of Samuel pray'd to God with tears for Issue And Elizabeth whose name your Majesty beareth Mother to John the Baptist was joyful when God had blessed her with Fruit accounting her self thereby to be delivered from reproach And as this is a blessing in private Houses so is it much
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
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
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
Cancelled and rased This I read in my Book For in this Case whatsoever a man tells me 〈◊〉 believe it not unless I see it written Non lego non credo in these Cases In the twenty third of the Queen I was of Councel with one in a Cause where we tryed all means to reverse a Judgment and brought a Writ of Error in the Parliament and the Writ was issuing out of the Parliament and upon the fieri facias was set Domina Regina and it was under the Great Seal of England and the Writ was returned in Parliament So this is plain the Writ is always returnable in Parliament but if in Parliament then of the Upper House for of that House we are but a Limb. This Writ I have seen then thus returned but never any man saw a Writ returnable in the Lower House so for this I hold the Writ cannot be returnable into this House But now for the Authority we have for though this be true I say yet I speak not to take any priviledge from this House for some things there are wherein we have Authority all of us But this is certain whatsoever we do sedente Parliamento it is the Act of the whole Court for the Lords without the Commons and the Commons without the Lords can do nothing Now then at the first before the division of the House all Writs were returned proximo Parliamento but since the division of the House it hath been always used and plainly it must be returned into Chancery And to say we cannot have notice of it nor cannot judge upon the Record being in Chancery plainly we may as well as we do upon the Return of every Burgess which is made into the Chancery and the Cause is all one And the Chancery in making the Writ will not alter from that their Warrant made from this House which must be according unto ancient form for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ I desired to have a recital added in these words Quòd cùm existente Parliamento captus fuit c. with the recital of the Cause of priviledge My Lord Keeper conferring with the Judges upon it would not allow it but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge until there appeared a Cause of priviledge for the party As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers I have heard great learned men say that that Cause is no good Law and that the House did more than was warrantable Now for the Motion of Conference with the Judges the Case of Thorpe 31 H. 6. is not able for this point I have the Record Thorpe was Speaker in that Parliament The Parliament being Summoned to be in June it was Prorogued until September in the mean time Thorpe was taken in Execution by the Duke of York he notwithstanding this thought to have had the priviledge of the Parliament At the next Sessions the matter being greatly considered whether he could have a priviledge or no a Conference was had in the Cause with the Judges the Judges being required in humble sort refused except it were so that the House did command them for in the House of Parliament the chief Judges and their Judgments are controulable by the Court but if the House did command them they would be willing to inform them what in their opinions they knew and thought This they did in the great Cause of Thorpe and I think we should do well in doing the like Now another thing is to be considered for Judicis Officium est ut res it a temperari c. The consideration of Time must accompany a Judges Office the Parliament draweth to an end and this would be done with expedition so the party was appointed to have his Councel the next Morning in the Parliament and they to be heard and have the advice of the Judges Vide the Resolution and Conclusion of this business upon Thursday the 5 th day of this instant April ensuing Thus far out of the aforesaid Anonymous Journal the residue of this days Passages and part of the next are inserted out of the Original Journal-Book it self M r Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners appointed on Monday the 2 d day of this instant April foregoing shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House and shewing the same Amendments with the reasons of them to the House the same Amendments were well liked of by this House and assented to be inserted into this said Bill and after the twice reading of the said Amendments the said Bill so being amended was upon the question Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas had its first reading On Wednesday the fourth day of April M r Barker one of the Committees in the Bill concerning Spinners and Weavers who had been appointed on Monday the 26 th day of March foregoing shewed the meeting and travel of the Committees and their Amendments to the Bill praying the reading of the same Amendments which being read and ordered by the House to be inserted into the Bill the same Amendments were afterwards twice read and the Bill was upon the Question Ordered to be Ingrossed M r Wroth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments to the said Bill and prayeth the reading of the same Amendments which being read and Ordered by the House to be inserted in the said Bill and also twice read afterwards was upon the Question Ordered to be ingrossed The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign Intitled an Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same was read the second time Upon which divers Speeches passed in the House before the said Bill was committed some of them being of very good moment Which because they are omitted in the Original Journal-Book it self are therefore supplied out of the often before recited Anonymous Journal in manner and form following Sir Thomas Cecill Doctor Lewen M r Sands Sir Thomas Heneage Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin Eliz. for reducing disloyal Subjects to their due obedience as is aforesaid Sir Walter Raleigh said In my conceit the Brownists are worthy to be rooted out of a Commonwealth But what danger may grow to our selves if this Law pass it were fit to be considered For it is to be feared that
Knolles M r Secretary Herbert and others of which the fifth was the Bill for the enabling of Edward Nevill of Berling in the County of Kent and Sir Henry Nevill Knight his Son and Heir Apparent to dispose of certain Copyhold Lands parcel of the Mannor of Rothersield in the County of Sussex and of the Mannor of Ailesby and Felding in the County of Warwick And the sixth being the Bill to avoid trifling and frivolous Suits of Law in her Majesties Courts of Westminster was read primâ vice Whereas the Lords Spiritual and Temporal of the Higher Court of Parliament were this day informed that one William Vaughan Servant to the Earl of Shrewsbury was of late Arrested contrary to the priviledge of the said Court by the procurement of one William Crayford of Mongcham in Kent and committed to the Prison of Newgate where he yet remaineth It was therefore Ordered by the said Court that a Serjeant at Arms shall be sent to the Keeper of that Prison and require him in their Lordships names to bring the said William Vaughan before the Lords in his Company into the Upper House of Parliament to Morrow being the second day of this Instant December by nine of the Clock in the Morning and that the said Serjeant at Arms shall also bring before the Lords at the time and place prefixed the said William Crayford together with such other Persons as did either Arrest or assist the Arresting of the said William Vaughan Vide on Saturday the 19 th day of the Month following Memorandum that the Serjeant at Arms was this day sent for the parties above mentioned in like sort as the Gentleman-Usher had been formerly sent for others And forasmuch as the Committees that were appointed on Saturday the 14 th day of November foregoing to decide the question between them in that behalf had not yet performed the same It was therefore Commanded by the House that a remembrance should be made that the sending for any parties before the Lords at this time or heretofore by the Gentleman-Usher or Serjeant at Arms should not be prejudicial to either of their rights until the said Committees should have convenient time to consider of and decide this question betwixt them Vide November the 14 th Saturday foregoing Upon a Motion made to the House by the Lord Treasurer it was agreed that the Committees in the two several Bills the one concerning Musters and Souldiers who were appointed on Thursday the 12 th day of November foregoing and the other for confirmation of Letters Patents who were appointed on Monday the twenty third day of November foregoing should joyn in one Committee for both Bills Nota That although it be ordinary for a Committee upon some new occasion to be encreased in the number or for divers Bills to be referred to one and the same Committee yet I conceive this Precedent here immediately foregoing to be very rare and exotick in respect that two several Committees appointed at several times in two several Bills are united together and made as one Committee to both the said Bills On Wednesday the second day of December three Bills had each of them one reading of which the first being the Bill to avoid trifling and frivolous suits in Law in her Majesties Courts at Westminster and the second being the Bill for the Denization of certain persons were each of them read secundâ vice and committed Nota That here were two several bills read secundâ vice but no mention made either of their Commitment or Ingrossing The supposed Cause or reason of which omission see more at large on Monday the 23. day of November foregoing The Bill concerning the suppressing of the multitude of Ale-Houses c. was returned to the House by the Lord Treasurer with certain Amendments William Crayford by whose procurement and assistance William Vaughan the Earl of Shrewsburys servant was Arrested and committed to Newgate and one Millington an Attorney the said Crayfords Master as also the Under-sheriff of Middlesex and another Person that was Bayliff with Crayford in Arresting the said Willam Vaughan all which persons having been heard particularly by the Lords and the said Millington the Under-sheriff and Crayfords fellow Bayliff protesting that they knew not the said Vaughan to be a man priviledged by the Parliament at the time of the Arrest It was Ordered that the said Millington the Under-sheriff and the said Bayliff should be dismissed for that Cause But forasmuch as by the confession of the Under-sheriff it doth plainly appear to the Lords that the said Crayford had very maliciously and upon unnecessary suits that did not concern himself prosecuted the serving and laying of sundry Executions upon William Vaughan it was thought meet and so Ordered that he should be committed to the Prison of the Fleet And because also the Keeper of Newgate having seen their Lordships Order by the hands of the Serjeant at Arms for the bringing of the said Vaughan did not perform the same pretending he could not with his safety remove him out of Prison being in Execution he was in like sort committed to the Fleet for neglecting the said Order And for the Prisoner William Vaughan the Lords resolved to enter into some further consideration for the bringing of him before them into the House And thereupon their resolution concerning the same was respited until some other time Vide concerning this matter on Saturday the 19 th day of this instant December following On Thursday the 3 d day of December two Bills had each of them one reading of which the second being the Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight his Son and Heir apparent to dispose of certain Copyhold Lands parcel of the Mannor of Rotherfield in the County of Sussex and of the Mannor of Aylesby and Felding in the County of Warwick was read primâ vice The Amendments of the Bill against the multitude of Ale-Houses and Tipling-Houses were this day twice read And thereupon the Bill Ordered to be Ingrossed Three Bills had each of them one reading of which the first being the Bill for Assurance of certain Mannors and Lands for part of a Jointure to Lucy Countess of Bedford was read primâ vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill against Drunkards and Common Haunters of Alehouses and Taverns was read primâ vice The Lords were this day informed by the Earl of Worcester of an Arrest made of the person of Robert Treswell Somerset one of her Majesties Heralds at Arms in Ordinary at the Suit of one Margery Fitchet of London Whereupon it was Ordered by the Court that the Serjeant at Arms should be sent for the said Margaret Fitchet and for William Smith and William Lane that made the Arrest and should bring them before the Lords into the Upper House to Morrow being the 4 th day of this instant December
of which the second being the Bill or Petition of Cloth-workers had its first reading Mr. Johnson made Report of the meeting and Travel of the Committees in the Bill for punishment of idle and base persons with certain Amendments The Bills and Committees names touching trifling Suits and against common Sollicitors were delivered to Mr. Boyce The Amendments in the Bill for punishment of Offences in base and idle Persons were twice read and with the Bill Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time and Committed unto all the Privy Council being Members of this House all the Doctors of the Civil Law likewise of this House Sir Walter Raleigh and others who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his offence c. was asked what he could answer for himself Upon his humble submission made earnest protestations of not knowing the said Wooddal to pertain to any Member of this House and being Sequestred until the House had considered of the same he was again brought to the Bar and by Order of the House discharged paying his Fees Vide concerning this matter on Yesterday immediately foregoing Thus far out of the Original Journal-Book of the House of Commons the residue of this dayes Passages are inserted out of the private Journal M r Hugh Beeston stood up in the lower end of the House and said M r Speaker We that be here cannot hear you that be above I would it would please them that speak there to speak louder Also I am to certifie you that I am here for a Town but not for mine own Country of Denbighshire or for any part thereof but if I should not speak somewhat for my Country I dare never go thither again Therefore I heartily beseech you M r Speaker That the House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they cannot but find themselves grieved for want of the Election But what is done I know not M r Secretary Cecill said Because I was the Reporter of the stay of the Election as also of the proceeding I will now also certifie you that there was Order taken for the sending out of a Warrant for the Election but what is done therein I know not M r Speaker said I gave Warrant to the Clerk of the Crown according to the antient form to send out a new Writ who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof so that nothing is done therein Sir Edward Hobbic said There is no Court that doth not observe his Rites and follow his Priviledges much more this High Court of Parliament being the greatest and Commander of all other Courts doth and ought to observe the same most strictly And all the Precedents which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other And therefore I take it that course ought inviolably to be observed Sir George Moore said I agree with the Gentleman that last spake that Precedents ought to be observed but yet not altogether upon urgent occasion or by necessity of time knowing this I take it my duty to inform you if any alteration have been it proceeded from the imperfection of a Speaker It was well observed by an antient Member of this House that no Conserence with the Lords touching a Subsidy should be had Yet that Rule hath been altered in late Parliaments by reason of special Causes So do I think it would be more Honourable to this House to direct our Warrant to the Lord Keeper than to any inferiour Minister in the Chancery Sir Francis Hastings said By the leave of your Honourable Favours I will shew you that I my self was Yesterday with the Lord Keeper and how Honourably I heard him speak of this House that he desired nothing more than to shew the duty and love he beareth us as also himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his discharge be it in what terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather chuse him than any other for their Minister Thus much I thought good to certifie this House of which being spoken in private unto me I now deliver in publick unto you for my own advice I think nothing can be more Honourable unto this House than to have a Person of so great Estate to whom we may direct our Warrant as to our Minister M r Francis Bacon said It is far more Honourable for this House in my opinion when our Warrant shall move the principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the petty Bag. It will be said that our Warrant Emanavit improvidè when we shall direct our Warrants to these base Officers when we may move the Great Seal of England by it even as soon as either petty Bag or petty Officer M r Speaker said I was and ever am Zealous and Jealous of the Priviledges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess I found a resolution that during the time of the sitting of this House the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly M r Secretary Cecill said I hope I shall move unto you a Conclusion which will end this Controversie and in the mean time a saving to all persons I mean not to second my former Error for which I was excepted unto that is that M r Speaker or any Member should attend the Lord Keeper but that four might be Assigned by this House to go to the Lord Keeper I say to go as if he should have said mark I say not to attend to the Lord Keeper to know the cause of the stay as also his request unto this House And that other six might be Assigned to call before them the Clerk of the Crown the Clerk of the petty Bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Priviledges in former Ages have danced a Pavin to and fro and according to the time have been altered This to be done this Afternoon and to certifie this House to Morrow and then we to make a determinate resolution To
And therefore I see no reason to confer with the Lords when we may proceed our selves Sir Edward Hobbie said If the Case were but plain of it self I should be of the Gentlemans mind that last spake but I am given to understand and also desire so to inform the House that this Information was put into the Star-Chamber by some kind of Order from the Lords and therefore very convenient a Conference should be had Sir Francis Hastings said who was Brother to the Earl of Huntington To enter into consideration of this Cause by Report and otherwise I cannot I know no man but respecteth the Honourable Person himself and for this Gentleman Mr. Belgrave I ever took him and so do to be a man of very good Carriage To condemn him I do not mean but I humbly pray that a course for his Honour may be taken and the matter so handled that the Honour of the Person may be saved the Gentleman freed from further offence and this Cause ended with good Conclusion And I protest I am not privy to the Prosecution Mr. Dale said Id possumus quod jure possumus and therefore resting in doubt herein the safest course is a Conference Mr. Tate said It is not good to utter things suddenly in great matters Our dispute may seem to have this end either to incur the dangers of our Priviledge by not regarding this Cause or to pry too near into her Majesties Prerogative by examining Informations exhibited into the Star-Chamber Wherefore I think we ought to be Petitioners Nota verbum Petitioners or at least to shew our griefs to the Lords and if by any Order from them as was alledged this Information was put in methinks in reason a Conference were good to examine the Cause and inform this House truly thereof Mr. Skipwith the Pentioner said If I knew or did think that any wrong were offered to the Earl of Huntington I would rather be a Petitioner for this Gentleman to him than I would be a Protector of him against him I knew Mr. Belgrave writ his Letter to my Lord and that it pleased his Honour to Answer him and that he offered to follow his Honour in that sort as is fitting for a Gentleman of his worth and rather his Honour than any man in England This I take it may satisfie the House for Answer to the first part of the Information which containeth a dishonour offered to the Earl For the second which is deceiving of the Burgesses I do Answer this House They were both willing and worthy to be deceived I know they had given their Voices and desired M r Belgrave to take it For the wrong to this Court I hope this Court hath wisdom enough to right it selt without any course to be taken in the Star-Chamber yet by your favour I may say thus much that if we should punish him for coming indirectly into this place we should punish three parts of this House for none ought to be chosen but those that be resident and sworn Burgesses of the Town Sir Robert Wroth said This matter needs not so much dispute There is a Precedent in this House to this point in the last Year of Queen Mary between Pleddall and Pleddall It pleased the Lords of the Star-Chamber sedente Parliamento to bind the one at the Suit of the other to appear twelve dayes after the Parliament and this adjudged to be an infringement of the Liberties M r Davies said The Information savours more of wit than malice And therefore I think upon Conference with the Lords the matter may be brought to good end I therefore humbly pray it may be put to the question and that the Bill may be sent for out of the Star-Chamber M r Carey said I take it M r Speaker the course hath been that if the House be desirous to see any Record you Mr. Speaker should send a Warrant to the Lord Keeper to grant forth a Certiorari to have the Record If by this means this Information be brought into this House upon view thereof perhaps this matter of dispute would take end Sir Francis Hastings offered to speak again in this matter But Mr. Bacon interrupted him and told him it was against the course To which he Answered he was old enough to know when and how often to speak To which Mr. Bacon replyed it was no matter but he needed not to be so hot in an ill cause To which Sir Francis replyed in several matters of debate a man may speak often So I take it is the Order He pointing to Mr. Bacon talk of Heat He tell you If I be so hot as he was Yesterday then put me out of the House The only thing that I would say is this I wish a Conference may be had with the Lord because the matter may be brought to some Friendly end for God knows what may lie in the Deck till after the Parliament And I suspect it the more because the Information and no Process issued forth Mr. Grevill said I with that in our Conference we do not neglect our Priviledges and that we may be means of mediation c. So the House appointed these Members following to have Conference with the Lords viz. All the Privy Council being Members of this House Sir Walter Raleigh Sir Francis Hastings Mr. Fulke Grevill the Masters of Request Sir Edward Hobbie Sir Robert Wroth Sir Francis Darcte Sir George Moore Sir John Grey Mr. Barrington Mr. Tate Mr. Martin and Mr. Skipwith to meet upon Thursday next at eight of the Clock in the Morning These names being thus transcribed out of the Original Journal-Book of the House of Commons another passage of this day doth here follow out of a Private Journal of that House Mr. Speaker said I am to certify you from the Lords of a great disorder committed by the Pages and Servants as well of the Lords themselves as of your Servants and Attendants so that not only abuse is offered but weapons and blood drawn For remedy whereof the Lords have given strait Commandment that their Servants keep peaceable and quiet Order and that neither their Pages Attendants or Servants do stand upon the Stairs or nearer the House than the Stair foot They desire that every Member of this House would do the like to their Servants and so expresly to charge and command them And I would move you that you would be pleased the Serjeant might go forth and signify so much from you unto the Company without Mr. Wiseman said The disorder Mr. Speaker speaks of is now grown so great that a man dare not go down the Stairs without a Conductor So the Serjeant went and delivered the Message and the abuse was well reformed Mr. Davies made Report of the meeting and travel of the Committees in the Bill touching Gavelkind Lands and brought in the Bill with some Amendments On Wednesday the 9 th day of December the Bill touching the Assurance of certain Mannors c.
divina Abbas Monasterii beatae Mariae sanctique Botolphi de Thorney subjectionem et fidelitatem omnimodas cum orationibus assiduis et devotis ad comparend ' pro me et nomine meo in Parliamento vestro coram vestra regia celsitudine vicessimo die Mensis Januarij prox ' futur ' post datum presens apud Westm ' favente gratia Spiritûs sancti felicitor inchoand ' Nè personali comparitione in eodem penes vestram regiam celsitudinem quoties opus sucrit excusand ' precipuè pretextu adversae valetudinis nostrae caeterisque ex causis justis veris et probabilibus quod interesse non valemus prout affectamus Qua proptervestrae Regiae humilitèr celsitudini supplicamus quatenus absentiam nostram personalem in hà c parte excusatam gratiose dignetur habere vestrae Clementia Majestatis et ut vestro Mandato in quantum possumus in omnibus pareamus Reverendos in Christo Patres Sancti Albani Sti ' Edmundi de Bury Sti ' benedicti de Ranisy et Sti ' Gutlaci de Coland ' Abbates conjunctim et divisim et corum quemlibet nostros veros et Legitimos procuratores Atturnatosque fideles tenore presentium constituimus et ordinamus promittens me ratum gratum et firmum perpetuo habiturum quicquid praedicti pro me et nomine meo fecerint vel alter fecerit in premissis seu aliquo promissor ' vestrae Regiae celsitudini humilitèr supplico quatenus absentiam meam personalem hac vice ex Regia mansuetudine habere dignemini gratiose excusatam In cujus Rei testimonium Sigillum nostrum Commune present ' est appensum Dat' apud Thorney praedict ' decimo quarto die Mensis Januarij An. Regni Regis Henrici Octavi Quinto Sometimes also the said Sickness or cause of Absence is Testified by Oath as appears in the Original Journal of the Upper House A. 6. H. 8. Feb. die 12. where James Marshal servant to the Lord Scroop made Affidavit of his Lord's detention by Sickness But even Anciently if the Parliament were to be Assembled by reason of some great and extraordinary occasion And that the King declared in his Writ of Summons that he would not admit of any Proxies ista vice then none did presume to send them but upon the King's Licence first obtained as appears ex Rotulo Parliamenti A. 6. Ed. 3. die 27. Januarij A. 22. Ed. 3. die 20. Novemb. A. 6. Ric. 2. die 2. Jan. ct A. 11. Ric. 2. die 20. Martij But of later times since the 38th year of H. 8. the Lords in their very Proxies do express their absence to be by the King or Queen's Licence and oftentimes the Clerk of the Upper House doth insert the Memorial of their return with their expression of their absence by the said Licence And in making of Proxies it hath always been at the free Choice and Election of a Spiritual Lord that sent the said Proxie to constitute some other Spiritual Lord or a Temporal Lord or both and so likewise mutatis mutandis hath the liberty been of a Temporal Lord although there appears but three Presidents thereof during her Majesties Reign of which the first was in A. 5. Regin Eliz. where William Bishop of Exeter constituted for his Proctor Francis Earl of Bedford And the second in A. eodem Regin ejusdem where Thomas Archbishop of York Constituted the Earl of Bedford his joynt Proctor with Richard Bishop of Ely and Rowland Bishop of Bangor And the third and last in A. 28. 29. Regin praedict ' where Hugh Bishop of Bangor did Constitute William Lord Burleigh Lord Treasurer of England his joynt Proctor with John Archbishop of Canterbury but in former time the Presidents of this nature are more frequent For there was so little observation kept in this kind as sometimes the Lords Spiritual and Temporal did Constitute the Judges and Barons of the Exchequer being but attendants on the House for their Proctors and sometimes Strangers as the Abbot of Selby in Edward the third's time Constituted John Goldale a Monk of that house and William R. Clerk his Proctors and these also were sometimes appointed Tryers of Petitions joyntly with the Lords as appears A. 14. Ed. 3. and sometimes Committees with the Lords prout patet ex rotulo Parliam ' de A. 14. Ed. 3. N. 13. 14. 18. These Animadversions being thus premised of Proxies in general now follow some others that concern the Particular Proxies foregoing and the residue that were returned at this Session on Saturday the 4th day of February ensuing and on Wednesday the 8th day and on Saturday the 18th day of March following and on Tuesday the 4th day of April ensuing And therefore in the first place it shall not be amiss to make remembrance that in the Journal of this Parliament I have caused the entry of all Proxies whatsoever as well ordinary as extraordinary to be Transcribed because it is the first Parliament of her Majesty whereas in most of the residue I have only caused those to be inserted into my Journals which were extraordinary and unusual And whereas the word Vacat is added at the beginning of the entrance of the return of the Proxie of Thomas Tresham Prior of St. Johns of Jerusalem in England as also before that of William Lord Euers which are before amongst others set down The reason of the first I cannot possibly Guess because neither the Archbishop of York to whom the said Thomas Tresham had sent his Proxie was himself absent nor the said Prior present nor dead before the return of his said Proxie as may easily be gathered but for the other it is plain that the Lord Clinton whom the Lord Euers did Constitute for his Proctor was absent at the beginning of this Parliament and did himself send his Proxie which is entred at the beginning of the Original Journal Book of the Upper House to have been returned on Saturday the 4th day of February although the word Vacat be prefixed also before the entrance of the return of the same because he afterwards came to the Parliament himself and served in Person in the Upper House the greatest part of the continuance thereof and from these examples may be gathered the true Causes both why and when a Proxie that is returned becometh void either when the Peer or Lord that sends the Proxie dies himself or comes to the House in Person before the end of the Parliament or that the Proctor or Proctors whom he constitutes do die or be otherwise absent and send their Proxies themselves for in this latter case those Proxies are to be repealed by the Lord Chancellor as there is a President for it in the end of the Original Journal Book of the Upper House A. 33. et 34. H. 8. in the case of Nevil Lord Latimer for though the absent Lord or Lords to whom the Proxie is directed do constitute other Proctors yet they cannot execute such Proxies as are
and Duty and as the contrary doing in the first were Monstrous in nature so surely the contrary doing in the second were Monstrous in reason Now her Majesty having this Authority in her as Head of the Politick Body of this Realm and therewith being credibly informed of your approved Fidelity wisdom and discretion and of the long experience that you have had in Parliament matters thinketh that if her Highness should assent to your Desire it would be prejudicial to her Majesty and the Common-wealth of the Realm Besides also for as much as you have been chosen and enabled to this Office and place according to an Ancient and Laudable Order by so many wise sage and discreet Knights and Burgesses to whose Judgment and opinion her Highness thinketh it meet and convenient for her to have great regard and to give much credit and saith that for that respect also her Majesty may not conveniently grant your Petition Again your self seeking in humble and reverent manner your own discharge and disablement have indeed by well comely modest and orderly doing thereof given no small cause whereby you are to be enabled and therefore her Majesty upon these respects and divers others doth now presently admit this Election and presentation made of you nothing at all doubting but that you will with such diligence faithfulness and circumspection use and Exercise your Office as thereby the good hope and expectation that her Majesty hath received of you by that she hath heard of others already shall be by that her self shall see and hear not only confirmed but also increased and augmented And so as her Highness's Loving Subjects of her Common's House shall neither have just cause to repent their Election her Majesty her admission nor you your self the assumption and taking upon you this Charge Unto which Speech of the Lord Keepers Sir Thomas Gargrave humbly submitting himself to the undergoing of the Charge and service imposed on him made a discreet and submissive answer in which he expressed the great blessedness now accrewed to the Realm and all conditions therein by her Majesties attaining the Crown being a Princess so Richly endued with Piety Wisdom Mercy Justice and tender Care of her people's good and safety and with all other gifts of mind and body requisite for the Government of so great a Kingdom Then he proceeded to many hearty Prayers and feeling Expressions of the good success of the Parliament and for the uniting of their Councils in one Issue and to the repairing of the many losses and preventing of many dangers now imminent over the Realm And lastly he came according to the usual Form first to desire Liberty of access for the House of Commons to the Queen's Majesties presence upon all Urgent and Necessary Occasions Secondly that if in any thing himself should mistake or misreport or over-slip that which should be committed unto him to declare that it might without prejudice to the House be better declared and that his unwilling Miscarriage therein might be pardoned Thirdly that they might have Liberty and freedom of Speech in whatsoever they Treated of or had occasion to propound and debate in the House The fourth and last that all the Members of the House with their Servants and necessary Attendants might be exempted from all manner of Arrests and Suits during the continuance of the Parliament and the usual space both before the beginning and after the ending thereof as in former times hath always been accustomed To which Speech of the said Speaker the Lord Keeper without any long pausing repli'd again in manner and form following MR. Speaker the Queen's Majesty hath heard and doth very well understand your wise and discreet Oration full of good meaning good Will and good Matter the Effect whereof as I take it may be divided into three parts of those the first containeth the commendation of the Queen's Highness The Second certain good wishes and desires of yours very honorable profitable and Commodious for the Realm to be followed and put into Execution The third divers Petitions concerning the Exercises of your Office and the Liberties and Priviledges of the Commons House For the first the Queen's Majesty giveth you most hearty thanks as for a good Exhortation made to her Highness to become such a one as you have commended her for but not acknowledging those vertues to be in her Highness Marry confessing that such as she hath be God's graces And therewithal her Highness wisheth as she trusteth you all do that for England's sake there were as many vertues in her as would serve for the good Government of this her Realm committed to her Royal Charge and desireth you all with her to give God dayly thanks for those which she hath and to make humble Petition to grant such increase of the rest as to his divine Providence shall be thought for his honour most Meet For the Second her Maiesty trusteth and verily believeth that those good wishes and desires of yours are so deeply graven and perfectly imprinted in the hearts of the hearers that the good success and sequel that should come thereof will evidently declare that you have not in vain spoken them nor they negligently heard them For the third and last you have divided into four Petitions The first for your access to the Queen's Highness and her Nobles for your reports and conference The Second that you be born with in any thing if you should in any of your reports be mistaken or overslipped and that without prejudice to the House it be better declared The Third Liberty of Speech for well debating of Matters propounded The Fourth and last that all the Members of the House and their Servants may have the same freedom from all manner of Suits as before time they used to have To these Petitions the Queen's Majesty hath commanded me to say unto you that her Highness is right well contented to grant them unto you as largely as amply and as liberally as ever they were granted by any her Noble Progenitors and to confirm the same with as great an Authority Marry with these Conditions and cautions first that your access be void of importunity and for matters Needful and in time Convenient For the Second that your Diligence and Carefulness be such Mr. Speaker that the defaults in that part be as rare as may be whereof her Majesty doubteth little For the Third which is for Liberty of Speech therewith her Highness is right well contented but so as they be neither unmindful or uncareful of their Duties Reverence and Obedience to their Sovereign For the last great heed would be taken that no evil disposed person seek of purpose that priviledge for the only defrauding of his Creditors and for the maintenance of injuries and wrongs These Admonitions being well remembred her Majesty thinketh all the said Liberties and Priviledges well granted To come to an end only this I have to put you in mind of that in the sorting of
passing but paused a while to see if any Member of the House would speak unto it which at this day is commonly most used upon the third reading of a Bill and whether any of the said House spake unto the said Bill or no doth not appear But the Speaker holding the Bill in his hand made the Question for the passing of it in this sort viz. As many as are of the mind that the Bill shall pass say Yea which being Answered accordingly by the House or the greatest part of them the Bill passed and so he delivered it again unto the Clerk who because the Bill was Originally begun and first passed in the House of Commons wrote within the said Bill on the top of it towards the right hand these words viz. Soit baille aux Seigneurs The House was Adjourned until Thursday next because the Morrow following being Ash-Wednesday there was a Sermon to be Preached at the Court before the Queen at which as it should seem the greatest part of the House desired to be present On Thursday February the 9 th the Bill for Melcomb Regis in the County of Dorset to be fortified was read the first time And the Bill also to restore the Supremacy of the Church of England to the Crown of the Realm was read the first time and committed to M r Cooke as he is there termed and elsewhere Sir Anthony Cooke and as is very probable also to some others not named For it may be here noted that in the first Journals of her Majesties time the title of M r only is ordinarily given to Knights M r Sollicitor and M r Martin brought from the Lords the Bill for the Queens Title to the Crown which was delivered in such order and manner as was the Bill for the Restitution of Tenths and First-Fruits on Monday the sixth day of this Instant February foregoing Friday 10 Feb. the Bill for one Subsidy and two Fifteens and Tenths was read the third time and past M r Speaker declared the Queens Majesties Answer to the Message which was read to the House by M r Mason to the great honour of the Queen and the contentation of this House which is all that is contained in the Original Journal-Book of the House of Commons touching this great business of their Petition preferred to her Majesty to induce her to marry and therefore it shall not be amiss to leave some larger memorial thereof for this business having been first propounded and resolved on in the said House on Saturday the 4 th day of this instant February foregoing and preferred to her Majesty as it should seem on the Monday following in the Afternoon was not answered by her Majesty until this Morning and was then also read in the said House as appeareth by the foregoing imperfect mentioning thereof And I am the rather induced to conceive that her Majesty gave not her Answer until this Morning to the said Petition of the Commons from a Copy of the said Answer which I have by me written by Alexander Evesham which said Answer out of the said Copy in which it is referred to this instant 10 th day of February with the title and subscription thereof do now in the next place follow verbatim Friday 10 th of Feb. 1558. c. The Answer of the Queens Highness to the Petition propounded unto her by the Lower House concerning her Marriage AS I have good cause so do I give you all my hearty thanks for the good Zeal and loving Care you seem to have as well towards me as to the whole Estate of your Country Your Petition I perceive consisteth of three parts and my Answer to the same shall depend of two And to the first part I may say unto you that from my Years of Understanding sith I first had consideration of my self to be born a Servant of Almighty God I happily chose this kind of life in the which I yet live which I assure you for mine own part hath hitherto best contented my self and I trust hath been most acceptable unto God from the which if either Ambition of high Estate offered to me in Marriage by the pleasure and appointment of my Prince whereof I have some Record in this presence as you our Treasurer well know or if eschewing the danger of mine Enemies or the avoiding of the peril of Death whose Messenger or rather a continual Watchman the Princes indignation was no little time daily before mine Eyes by whose means although I know or justly may suspect yet I will not now utter or if the whole cause were in my Sister her self I will not now burthen her therewith because I will not charge the Dead if any of these I say could have drawn or disswaded me from this kind of life I had not now remained in this Estate wherein you see me But so constant have I always continued in this determination although my Youth and words may seem to some hardly to agree together yet is it most true that at this day I stand free from any other meaning that either I have had in times past or have at this present with which Trade of Life I am so throughly acquainted that I trust God who hath hitherto therein preserved and led me by the hand will not of his goodness suffer me to go alone For the other part the manner of your Petition I do well like and take it in good part because it is simple and containeth no limitation of place or person if it had been otherwise I must needs have misliked it very much and thought it in you a very great presumption being unfitting and altogether unmeet for you to require them that may command or those to appoint whose parts are to desire or such to bind and limit whose Duties are to obey or to take upon you to draw my Love to your liking or to frame my will to your fantasie For a Guerdon constrained and gift freely given can never agree together Nevertheless if any of you be in suspect whensoever it may please God to incline my heart to another kind of Life you may very well assure your selves my meaning is not to determine any thing wherewith the Realm may or shall have just cause to be discontented And therefore put that clean out of your heads For I assure you what Credit my assurance may have with you I cannot tell but what Credit it shall deserve to have the sequel shall declare I will never in that matter conclude any thing that shall be prejudicial to the Realm For the well good and safety whereof I will never shun to spend my Life and whomsoever my chance shall be to light upon I trust he shall be such as shall be as careful for the Realm as you I will not say as my self because I cannot so certainly determine of any other but by my desire he shall be such as shall be as careful for the preservation of the Realm and you
Mountague and Viscount Hereford present Then the Earls but nineteen present the Earl of Hertford the Earl of Pembroke Bedford Southampton Warwick Bath Huntington Sussex Cumberland Rutland Worcester Darby Shrewsbury Westmoreland Northumberland Oxford and Arundel their Robes of Scarlet with their Rows of Miniver Then the Marquess of Winchester but now as Lord Treasurer and the Marquess of Northampton the Duke of Norfolk went as Earl Marshal Then the Lord Keepers Serjeant and Seal and after Sir Nicholas Bacon Lord Keeper of the Great Seal in his Gown Here Clarenceux and Norroy Then the Queens Serjeant at Arms and after Garter Then the Duke of Norfolk with the gilt Rod as Marshal the Lord Treasurer with the Cap of Estate and the Earl of Worcester with the Sword Then the Queens Majesty on Horseback a little behind the Lord Chamberlain and Vice-Chamberlain her Grace Apparelled in her Mantle opened before furr'd with Ermines and her Kirtle of Crimson Velvet close before and close Sleeves but the Hands turned up with Ermines and a Hood hanging low round about her Neck of Ermins Over all a rich Coller set with Stones and other Jewels and on her Head a rich Caul And the next after Her the Lord Robert Dudley Master of the Horse leading the spare Horse And after all other Ladies two and two in their Ordinary Apparel By side the Queen went her Footmen and along on either side of her went the Pensioners with their Axes after the Ladies followed the Captain of the Guard Sir William St. Loe and after him the Guard In which Order Her Majesty proceeded to the North Door of the Church of Westminster where the Dean there and the Dean of the Chappel met her and the whole Chappel in Copes and S t Edwards Staff with the Inlet in the top was delivered unto her her Arm for the bearing thereof assisted by the Baron of Hunsdon the Canopy born over her by Charles Howard Esq Sir George Howard Sir Richard Blunt Sir Ed. Warner Sir John Perrott and Sir William Fitz-Williams Knights her Graces Train born up and assisted for the weight thereof from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain and so orderly proceeded to the Travers beside the Table of Administration Although other Princes have used to be placed in the Quire till the Offering but not now because there was neither Communion nor Offering and so she being placed all the Lords sate down on Forms besides the Travers the Spiritualty on the North side and the Temporalty on the South side the Sword and the Cap of Estate laid down on the Table Then the Quire sung the English Procession which ended M r Noell Dean of Pauls began his Sermon and first made his Prayer orderly for the Queens Majesty and the Universal Church and especially for that Honourable Assembly of three Estates there present that they might make such Laws as should be to Gods Glory and the good of the Realm The Sermon being ended and a Psalm sung her Majesty and the rest orderly on foot proceeded out of the South Door where she delivered the Dean the Scepter and so proceeded into the Parliament Chamber where the Queen stayed a while in her Privy Chamber till all the Lords and others were placed and then her Highness came forth and went and fate her down in her Royal Place and Chair of Estate the Sword and Cap of Maintenance born before her and when she stood up her Mantle was assisted and born up from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain The Lord Keeper sate alone upon the uppermost Sack until the Queen was sate and then went and stood without the Rail on the right hand the Cloth of Estate and the Lord Treasurer holding the Cap of Estate on the right hand before the Queen Garter standing by him and on the left hand standing the Earl of Worcester with the Sword and by him the Lord Chamberlain The Duke of Norfolk began the first Form and the Viscount Mountague for that the Viscount Bindon was not there ended it The Lord Clinton the Lord Admiral began the Form behind that of Barons and the Lord St. John of Bletsoe ended it The Archbishop of Canterbury began the Bishops Form and the Bishop of Glocester ended the same On the Woolsack on the right hand and Northside sate Sir Robert Catlin and Sir James Dyer Chief Justices Sir William Peter Anthony Browne Corbett Weston and M r Gerrard the Queens Attorney On the Sack on the left hand and Southside sate Sir William Cordall Master of the Rolls Sir Edward Saunders Chief Baron Justice Widdon Serjeant Carus and M r Russell the Queens Sollicitor and at their Backs sate Sir Richard Read Doctor Yale and Doctor Vaughan On the other Sack sate Doctor Huicke Spilman Clerk of the Parliament and M r Martin Clerk of the Crown and behind them kneeled M r 〈◊〉 Allen Dyeter Nicasius Cliffe and Permitter At the side hand of the Queen sate on the ground three or four Ladies and no more and at the back of the Rail behind the Cloth of Estate kneeled the Earls of Oxford and Rutland under Age the Earl of Desmond the Lord Roos the Lord Herbert of Cardiffe and divers other Noblemens Sons and Heirs Nota That these foregoing passages touching the solemn manner of her Majesties coming to the Upper House are not at all found in the Original Journal-Book of the same but are transcribed out of a written Copy or memorial of them I had by me as doth also the Lord Keepers Speech follow out of the same in the next place The Queens Majesty being set as aforesaid under the Cloth of Estate the House of Commons had notice thereof and thereupon the Knights Citizens and Burgesses of the same repaired to the Upper House and being as many as conveniently could let in she Commanded Sir Nicholas Bacon the Lord Keeper to open the cause of Calling and Assembling this Parliament who thereupon spake as followeth My Lords and others of this Honourable Assembly YOU shall understand that my most Dread and Sovereign Lady the Queens Majesty here present hath Commanded me to declare the occasion of this Assembly which I am not able but unmeet to do as it ought to be done among such a noble wise and discreet Company Howbeit knowing the Experience of her Majesty bearing with such as do their good wills and your Honours Patience in bearing with me in the like afore this time it encourageth me the better herein not doubting of the like at this present Therefore my Lords the occasion is that necessary matters be provided for propounded and scanned and after agreed upon and ended which afterwards shall remain and continue which matters in my Judgment may well be divided into two parts one touching Religion for the setting forth of Gods Honour and Glory and the other concerning Policy for the Common-Wealth as
and there seemeth to be but one direct President of it which is entred in the Original Journal-Book de An. xxv Henr. 8. die Mercurii 4 die Februarii in these words viz. Hodie Dominus Cancellarius co quod die crastino Domini circa ardua negotia in Camerâ Stellatâ consultaturi Domini spirituales die Veneris in convocatione convers fuerint ex consensu totius Domus continuavit hoc praesens Parliamentum in diem Sabbati horâ consuetâ By which President also it may be plainly collected that the House did sometimes forbear sitting on Convocation Days when the Lords Spiritual were absent Of which also there is another President in the Original Journal-Book of the Upper-House de an 7 Hen. 8. die 30 Novembris where it is thus entred Dominus Cancellarius propterea quod Domini spirituales in Convocatione crastino die occupandi sunt continuavit praesens Parliamentum usque ad diem Lunae But notwithstanding these Presidents it is plain that the other Lords may sit if they please on Convocation days or Star-Chamber-Days For as touching the first it is plain by the Original Journal-Book de an 1 Hen. 8. that the Temporal Lords sat every Convocation Day though they did no other business than receive Bills from the Commons And for the second there is an Excellent President tempore Jacobi Regis to prove that the Lords of the Upper-House are not bound to observe Star-Chamber-Days though usually they do for it appears plainly by the Original Journal-Book de an 18 Regis ejusdem die Martis 24 die Aprilis that upon a motion made that day unto the House that there was a great Cause in the midst of hearing to be heard in the Star-Chamber the day following being Wednesday the Lords were contented to forbear sitting that day but withal it was provided that it should not be drawn into a President but that the House being the supream Court may sit upon any Star-Chamber day notwithstanding the absence of such Lords as do use to attend that Court And accordingly the House was Adjourned unto the next day being Wednesday in the Afternoon And the next Star-Chamber Day being Friday the 26 th day of April the House did sit both in the Forenoon and in the Afternoon Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 28 th day of January the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Sabbati hora nona On Saturday the 30 th day of January the Bill for Assurance of certain Lands assumed by the Queens Majesty during the Vacation of Bishopricks was read secunda vice although not mentioned through the negligence of the Clerk commissa Archiepiscopo Eboracen Duci Norfolciae Marchion Northampton Comiti Salop. Comiti Derby Comiti Rutland Comiti Huntington Comiti Bedford Comiti Pembroke Episcopis London Dunelm Winton Hereford Elien Domino Clinton Admirallo Domino Howard de Effingham Camerario Domino Dacres de Gillesland Domino Lumley Domino Rich Domino Willoughby Domino Hastings de Loughborough Domino Hunsden ac dnobus primariis Justiciariis Primario Baroni Scaccarii Nota That here the Judges who are but Assistants unto the Upper House are made joint Committees with the Lords see also a like President on Tuesday the 26 th day of this Instant January foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona On Monday the first day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued in usual Form usque in diem Mercurii prox hora nona On Wednesday the 3 d of February the Lords also Assembled but nothing was done save only the Parliament continued by the Lord Keeper usque ad diem Sabbati prox hora nona On Saturday the 6 th day of February to which day the Parliament had been on Wednesday last continued a Bill against forging of Evidences and Writings was read the first time On Monday the 8 th day of February the Bill against forging of false Deeds and Writings was read the second time commissa ad ingrossand On Tuesday the 9 th of February the Bill touching Pewterers was read the first time Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox hora nona On Thursday the 11 th day of February the Bill against forging of false Deeds and Writings was read tertia vice conclusa and sent down to the House of Commons by the Queens Attorney and Sollicitor On Monday the 15 th day of February to which day the Parliament had been on Thursday last continued The Bill touching Fines to be levyed in the County Palatine of Durham The Bill against carrying over Sea of Sheep Skins and Pelts not being Staple Ware And the Bill to revive certain Statutes Repealed for Servants robbing their Masters the punishment of the Vice of Buggery against fond and phantastical Prophecies and for the punishment of Invocation of evil Spirits Inchantments Witchcrafts and Sorceries were brought from the House of Commons and each of them read prima vice Two Bills also had each of them their first and second reading of which the latter being the Bill for the Restitution in Blood of Thomas Brooke William Cromer and Cutbert Vaughan and others commissa fuit Domino primario Justiciario Com. Placitor On Tuesday the 16 th day of February the Bill for Restitution in Blood of Anne Thomas The Bill for Restitution in Blood of the Heirs of Thomas Isely And the Bill for Restitution in Blood of Thomas Diggs were each of them read primâ secundâ tertiâ vice conclus and were with two others sent down to the House of Commons by Serjeant Carus and the Queens Attorney Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum hora nona On Wednesday the 17 th day of February the Lords Spiritual and Temporal Assembled but nothing was done save only the Parliament continued by the Lord Keeper in usual Form usque in diem crastinum hora nona On Thursday the 18 th day of February the Bill touching Fines to be levied within the County Palatine of Durham and the Bill against carrying of Sheep Skins and Pelts over the Seas not being Staple Wares were each of them read tertia vice conclusae On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill of one Subsidy and two Fifteens and Tenths granted by the Temporalty was read the first time The Bill for Assurance of certain Lands to Sir Francis Jobson was read the first time whereupon the Lords took Order that the Learned Counsel
Grey Marquess Dorset and Frances his Wife the Eldest Daughter and Coheir of Charles Brandon Duke of Suffolk by Mary the French Queen being the youngest Daughter of Henry the Seventh and especially seeing that the Queen of Scots having Married the Lord Darley whom she had Created Duke of Albany and had by him Issue a Son born before the beginning of this Session of Parliament who afterwards was Monarch of Great Britain and duly considering also that the Scottish Queen had during the Life of the French King her Husband by his means pretended a right to the Kingdom of England before the Queen her self in respect of the Popes Authority and that some also did not stick to set a broach the Title of the Lady Elianor being the younger Sister and Coheir with the Countess of Hartford Married to the Earl of Cumberland therefore I say all these said premisses being duly weighed by both the said Houses of Parliament it made them to be more earnest in Petitioning her Majesty at this time to the same effect although it seemeth that the Petition delivered at this time was chiefly preferred in the name of the Lords of the Upper House as that other Petition had formerly been preferred in the Name of the Commons in the first Session of this Parliament in An. 5 Regin Eliz. whence it hath come to pass that neither of these Petitions being set down in the Original Journal-Book of the Upper House of Commons in either of these two Sessions of Parliament the times of their delivery have been exceedingly confounded together in all such several Copies as I have perused of them in which as also in Sir Robert Cotton's first Volume of the Journals of Parliament of the Queens time which are very imperfect and fragmentary they are erroneously Entred to have been both delivered in An. 1563. in which Year as also in part of the Year 1562. the Session in An. 5 Regin Eliz. was continued Post Meridiem The Archbishop of York the Lord Treasurer and the other Lords whose names are mentioned in the former part of this day with Sir Edward Rogers Knight Comptroller of her Highness Houshold and Sir William Cecill Knight her Majesties Principal Secretary and divers other Members of the House of Commons repaired to her Majesty this Afternoon being at her Palace of Whitehall to receive Answer from her Highness touching those two great businesses of her Marriage and the Declaration of her Successor as appeareth plainly by the Original Journal-Book of the House of Commons fol. 266. a. where the report of her Majesties Answer is set down which she gave this Afternoon although there be no mention at all thereof in the Original Journal-Book of the Upper House And that this was the cause and ground of their attending upon her Majesty at this time appeareth also plainly by a certain Manuscript Memorial or Diary kept and set down by Sir William Cecill her Highness Principal Secretary and afterwards Lord Treasurer of England of the passages of the greatest part of her Majesties Reign in which the words are as followeth Nov. 5. The Queen had before her thirty Lords and thirty of the Commons of the Parliament to receive her Answer concerning the Petition for the Succession and for Marriage But whether the Lords preferred their said Petition this Afternoon or whether they had supplicated her Majesty any time before doth not any where certainly appear neither can I possibly gather further than by conjecture and so it is most probable that though her Majesty had notice before what their Petition was yet it was not preferred till this Afternoon For but on Saturday Morning foregoing which was the second day of this instant November it is plain that the Committees of the House of Commons as appeareth by the Original Journal-Book of the same House on Thursday the 31 th day of October fol. 264. b. on which day the said meeting of the Committees was appointed did then meet to consider and agree upon such reasons as they should shew to the Committees of the Lords whereby they might induce her Majesty both to encline to Marriage and to declare a Successor And however Sir Nicholas Bacon Knight Lord Keeper of the Great Seal be not nominated in either of the Original Journal-Books of the Upper House and House of Commons to have been present with the before-mentioned Lords and others yet it is plain that if the said Petition was preferred this Afternoon or whensoever else it was delivered from his mouth as may be gathered from the very Petition it self ensuing and is so also expresly set down by M r Camden in Annal Regin Eliz. edit Lugdun Batav A. D. 1625. pag. 99. and though he had abstained a while about this time from the Upper House by reason of his infirmity of the Gout yet he was now in the way of amendment and recovery repairing again to the said House on Saturday the 9. day of this instant November ensuing and therefore might very well meet the before-mentioned Lords and other the selected Members of the House of Commons at the Court this Afternoon So then it being most probable that the Lords did both prefer their Petition this Afternoon to her Majesty touching those two great matters of the Marriage and Succession and also received her Majesties Answer Therefore the said Petition doth here first ensue which the Lord Keeper pronounced in these or the like words following MOST humbly beseecheth your Excellent Majesty your Faithful Loving and Obedient Subjects all your Lords both Spiritual and Temporal Assembled in Parliament in your Upper House to be so much their good Lady and Soveraign as according to your accustomed benignity to grant a Gracious and Favourable Hearing to their Petitions and Suits which with all Humbleness and Obedience they are come hither to present to your Majesty by my Mouth in matters very nearly and dearly touching your most Royal Person the Imperial Crown of this your Realm and Universal Weal of the same which Suits for that they tend to the surety and preservation of these three things your Person Crown and Realm the Dearest Jewel that my Lords have in the Earth therefore they think themselves for divers respects greatly bound to make these Petitions as first by their Duty to God then by their Allegiance to your Highness and lastly by the Faith they ought to bear to their natural Country And like as most Gracious Soveraign by these Bonds they should have been bound to make the like Petition upon like occasion to any Prince that it should have pleased God to have appointed to Reign over them so they think themselves doubly bound to make the same to your Majesty considering that besides the Bond before-mentioned they stand also bound so to do by the great and manifold benefits they have and do receive daily at your Highness hands which shortly to speak be as great as the Fruits of Peace common quiet and Justice can give and this
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
Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
conclusa commissa Sollicitatori Dominae Reginae Doctori Lewis in Domum Communem deferend Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the second day of May Five Bills of no great moment had each of them one reading of which the second being the Bill touching William Skeffington was read primâ vice and the third against Fugitives over the Seas was read primâ vice commissa unto divers Lords Spiritual and Temporal of which the Lord Hastings of Loughborough a Grand Papist was one Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem proximum horâ nonâ On Thursday the 3 d day of May Five Bills of no great moment had each of them one reading of which the fourth being the Bill touching Dilapidations by Ecclesiastical persons was read primâ vice and committed unto Viscount Hereford Viscount Mountague the Bishop of Winchester the Bishop of Worcester the Bishop of Ely the Bishop of Rochester the Bishop of Carlisle the Bishop of Lincoln the Lord Grey the Lord Cobham Doctor Lewes and Doctor Yale Nota Though it be very usual in most of the Journals of her Majesties Reign for the Judges and sometimes for the Queens Learned Councel to be nominated joint Committees with the Lords this present commitment foregoing is a very rare and unusual President in respect that two Doctors only as I conceive of the Civil Law are made joint Committees as aforesaid But the reasons of this here may well be in respect that this Bill concerned Dilapidations properly belonging to the Ecclesiastical Courts in which they are for the most part best Experienced And this may be a cause also that the Spiritual Lords in this Committee are more than the Temporal which is very seldom or rarely seen but in some such like Case Two Bills were brought from the House of Commons of which the second was the Bill for the Ministers of the Church to be of sound Religion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Sabbati proximum horâ nonâ A Release at large and ad verbum by Henry Sacheverill of Risby in the County of Leicester Gent. unto William Skeffington and his Heirs of all the right which the said Henry Sacheverill had by Feoffment of William Skessington Esq and Ralph Sarheverill and their Cofeoffees Dated 30 die Januarii anno 22 Regin Eliz. in the Mannors Lands c. of and in Kersby Trussington Thriamoston Humberston Silby Burton super Molez in Queenborough in Com. Leicester which the said William Skeffington and Ralph Sacheverill had from George clemand and in all other Mannors Lands c. lying in the Towns and Fields of Skevington in the County of Leicester and Stock in the County of Lincoln or elsewhere in England cognit usitat locat reputat seu accept ut possessiones haereditamenta praedicti Willielmi Skeffington Licet tamen re verâ iidem Willielmus Rudolphus nec corum alter eadem maneria terras Tenementa Haereditamenta in illo scripto ultimo nominato mihi praefato Henrico tradere dimittere feoffare concedere deliberare seu confirmarè niminè intenderint seu voluerint sed tantummodo idem scriptum taliter continens eadem Maneria terras tenementa haereditamenta per frandem deceptionem mei praefati Henrici indebitè obtentum suit Then the same Deed of Release containeth Warranty of all the Premises unto William Skeffington and his Heirs against the said Henry Sacheverill his Heirs and Assigns for ever In cujus rei testimonium huic praesenti scripto meo sigillum meum apposui Dat. quinto die Martii Anno Regni illustrissimae Dominae nostrae Elizabethae Dei Gratia Angliae Franciae Hiberniae Reginae Fidei Defensor c. Decimo tertio Nota That Robert Bowyer Esq who succeeded Sir Thomas Smith Knight in the place of Clerk of the Upper House in An. 6 Jacobi Regis in his Abridgment of the Journal of the Queens time hath at the end of this business touching Henry Sacheverill inserted this Note ensuing Upon what occasion or how this matter between Skeffington and Sacheverill came in Question in the Parliament or why other than that a Bill touching William Skeffington was brought from the House of Commons on Tuesday the first day of this instant May preceeding and had its first reading on Wednesday the 2 d day and its second reading on Thursday the 3 d day of the same Month foregoing and was also read the third time and concluded on this present 5 th day of May on which the said Release was Entred in the Parliament Book appeareth not in the Journal so much as by circumstance which seemeth to have happened through the negligence of the Clerk of the Parliament who was either M r Spilman or M r Anthony Mason alias Weeks On Saturday the 5 th day of May to which it should seem the preceeding Release is to be referred Four Bills of no great moment had each of them one reading of which the third being the Bill whereby certain offences be made Treason was read secundâ vice and committed unto the Archbishop of Canterbury and others Two Bills also were brought to the Lords from the House of Commons of which the first was the Bill for the coming to Church and receiving the Communion Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora Octavâ May the 6 th Sunday On Monday the 7 th day of May Eight Bills of no great moment had each of them one reading of which the last being the Bill touching Dilapidations by Ecclesiastical Persons was read primâ vice and committed unto the Lords that were before in that Bill appointed whose names see on Thursday the third day of this instant May foregoing and the Earl of Leicester and the Lord of Loughborough were added unto them Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Tuesday the 8 th day of May Four Bills of no great moment had each of them one reading of which the last being the Bill for respite of Homage was read secundâ vice commissa Attornato Sollicitatori Dominae Reginae The fourth lastly being the Bill whereby certain offences be made Treasons was read tertiâ vice conclusa with a new Proviso added thereunto by the Lords and certain Amendments and committed to M r Attorney and M r Sollicitor to be carried to the House of Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Crastinum horâ Octavâ On Wednesday the 9 th day of May the Bill for coming to Church and receiving the Communion was read secundâ vice and committed to the Earl of Sussex the Earl of Huntingdon the Earl of Bedford Viscount Mountague the Bishop of Winchester the Bishop of
her Majesty is of another Religion than is published and that it is the sole doing of the Councellors whereby the Doctrine in sort as it is is thus published and not hers He also added that his wish was that no man might be attainted of these words except the Speech or Publication might be testified by two Witnesses For the Additions he said assuredly they might not be severed from the first Bill not only as they are matters material depending on the first but stretching so far to the maintenance of the first that without them the first may seem to be nothing For said he there can be no remedy provided except the cause of the grief be known and the same cause removed wherein the Rebels of the North gave clear Experiment for doubtless when they pretended Reformation of Religion they thought to rend up the ground and to subvert the stay thereof which was her Majesties Person and by them he wished us to learn at last and to wax wiser He said the Court of Chancery will straitly Decree for saving and quiet keeping of a quiet possession often looking to ordering things before past and shall not the Court of Parliament do the like for the Title of the Crown And the ancient Laws of the Realm he said do 〈◊〉 the same as long before the 35 H. 8. the Stat. 5 E. 3. in such like Cases hath ordained that the Heir for the Fathers offence shall be punished consule locum citatum M r Mounson said it were horrible to say that the Parliament hath not Authority to determine of the Crown for then would ensue not only the annihilating of the Statute 35 H. 8. but that the Statute made in the first year of her Majesties Reign of Recognition should also be laid void a matter containing a greater consequent than is convenient to be uttered M r Heneage moved the House to this effect that either the Bill for Addition should be severed or both to be referred to the Queens Learned Councel to consider of the conveniency thereof and then by them to be exhibited c. but of his Opinion he yielded no further reason M r Long a young Gentleman would have proved the word have and a regard of the time past not to be amiss for that at the time of the offence the malice of the Offendor was as great as it is at this present M r Fleetwood endeavoured to prove the overcharging of the Bill with larger words than were convenient and more Provisoes than were to the purpose to have been the overthrow of that which was truly meant wherein the cunning Adversary when he knoweth not how to subvert directly will by this means easily and subtilly insert more pretending a face of more forwardness than the rest when indeed his heart is bent to the hindrance of the whole For proof and experience hereof he remembred the cunning Prelats in Henry the Fourths time and afterwards in Edward the Fourths time when King Edward required the suppressing of all such Abbies as King H. 6. had Erected To hinder this contrary to the Kings meaning some would needs add the Colledges in Cambridge which by him were also Founded to which when by no means the House could be induced as well the intent of the first as of the last was subverted The like he remembred also of the second year of H. 7. in matter of Treason which all men would have yielded unto the Counterfeit Friend heaped in to give the King free Liberty of Restitution to whom he would of all both goods and possessions whereof the inconveniency being seen stay was made of the whole So that what men may not do directly with face of further Friendship they do covertly He concluded therefore it were well and most safe to make two Bills and to be referred to the Queens Learned Councel as M r Heneage had well divided M r Serjeant Manwood first Answering the meaning of the words bodily hurt said it must be intended when violence or force is done or offered to the Body and not otherwise nor elsewhere And whether the words of slander should be Treason he thought that there was great reason they should be for quoth he who so shall affirm her Highness to be an Heretick doth doubtless wish her the pains of an Heretick viz. to be burnt c. He further would have to be added to these words of the Bill That who so shall imagine go about claim c. thus much more that whosoever shall affirm himself to have Title c. to be a Traytor He was of further Opinion that it should be no clogging to the Bill to have matter of the same nature added being also provided for the same purpose as good consequent and necessarily concurring with the effect of the Bill And for the Authority of the Parliament he said it could not in reasonable construction be otherwise for who so should deny that Authority doth deny the Queen to be Queen and the Realm to be a Realm After which M r Alford and M r Dalton spake severally to the said Bill touching certain offences to be made Treasons Whose Speeches containing no new matter at all in them more than hath been formerly spoken are omitted in that often before-cited Anonymous Journal out of which all these foregoing Speeches are transcribed After all which the business was at length drawn to this Head to be referred to a Committee whose names being there likewise omitted are therefore all of them supplied out of the Original Journal-Book of the House of Commons it self in manner and form following All the Privy-Council being Members of this House Sir Christopher Heyden Sir Henry Nevill Sir Nicholas Arnold M r Serjeant Manwood M r Serjeant Jeoffry M r Heneage M r Stoaks M r John Vaughan M r Bell M r Mounson M r Popham M r Norton M r Dalton M r Fleetwood M r Telverton M r Goodier M r Alford and M r Long were appointed to meet to Morrow at two of the Clock in the Afternoon in the Star-Chamber M r Doctor Lewes and M r Doctor Huick brought from the Lords a Bill touching the untrue demeanors of Tellors Receivers Treasurers and Collectors On Friday the 13 th day of April Five Bills had each of them one reading of which the last being the Bill for suppressing of Simony in Presentations to Benefices was read the first time to which because M r Snagg spoke upon the first reading being a thing not altogether usual his Speech is therefore transcribed out of that often before-cited Anonymous Journal M r Thomas Snagge treated hereupon viz. after the reading of the said Bill of Simony saying that the cause of the slanders which the Papists have against the Church of England in that they say Coblers Taylors Tinkers Millers c. are of the Ministry groweth thereby that the Livings are detained by the Patrons from the Spiritual in their own hands to their own private uses whereas the first
mischief it may be to me and inconvenient also to utter the same I will not speak thereof but dutifully neither do I see any thing that is amiss at this present what was done a hundred years since I may safely tell and thus it was A Duke of this Realm wrote his Letters to a City which I know to this effect whereby he did signify that a Parliament was to be Summoned in short time and that for great causes he was to crave aid of all his Friends and reckoning them amongst the rest he wished them of four under-nominated to chuse two the Letter under the Dukes Seal is still preserved but hear you the Answer he was written to with due humbleness that they were prohibited by Law they might chuse none of them I will venture a little nearer In Queen Maries time a Council of this Realm not the Queens Privy-Council did write to a Town to chuse a Bishops Brother and a great Bishops Brother it was indeed whom they assured to be a good Catholick man and willed them to chuse to the like of him some other fit man The Council was Answered with Law And if all Towns in England had done the like in their Choice the Crown had not been so wronged and the Realm so robbed with such ease at that Parliament and truth banished as it was what hath been may be there is no impossibility It will be said I mistake it is not meant but that Towns shall be at liberty to chuse whom they list I say that Liberty is the loss of Liberty for when by Law they may do what they will they may not well deny what shall be required It is too truly said Rogando cogit qui rogat potentior And I have known one that to avoid a great mans displeasure that dwelt near him that was desirous as he knew to buy his Land did upon small occasion bind himself not to alienate his Land from his true Heirs this being known I mean that he was bound as aforesaid the great man was contented to let him keep his own quietly which otherwise he would not have done Surely Law is the only Fortress of the inferior sort of People and contrary to the Law the greater sort will not desire or expect anything Though now at this present God be praised we need not to fear the greatness of any man Justice is so well administred Yet hereafter whatsoever hath been we may fear either for maintenance of Faction or maintenance of Mischief Again I say it may be what heretofore was possibly again may be We stand and have stood of late upon the notorious manifestation of the Authority of Parliament except withal you keep the ancient usage of the same and withal endeavour the freedom thereof in effect you do nothing if I guess aright It is further said that in some Towns there are not men of discretion fit they be not the wiser said the Gentleman that spoke before for being Burgesses I can never be perswaded but that either the Lord whose the Town is be the Town never so little or the Steward if it be the Queens or some good Gentleman of the Country adjoinant will either assign them who know the Town and can be content to be free among them and to serve by their appointment for their Country and for them or else for some reasonable Fee such as be of their Learned Councel and who know them and the Country will deal for them I mean it not so strictly that those who should be chosen should of necessity be dwellers in the Town but to be either of the Town or towards the Town Borderers and near Neighbours at the least and to this effect I would the Bill were framed I stand too long hereon and abundance of matter occasioneth confusion this is all It was meant at the first and first Constitution of Parliament that men of every quarter and of all sorts should come to this Court that they should be freely chosen This in every Age hitherto hath seemed best to alter without cause is not convenient to give every Town liberty may offer in time inconvenience None so fit for every Country as those who know the same To chuse of their own it is a Liberty to lose their Liberty I think it a bad Commodity call it as you please by such kind of release in easing men of their Wealths or of some good part of their Living beshrow our Charity And in like sort and in like reason it seems to me this Law is inferred out of the Preface of the same For thus it is penned Forasmuch as some Towns are decayed and have not of their own therefore let every Town do what they list Of a particular Proposition to make a general conclusion it is against our Rules and nothing as saith the Philosopher is more absurd than non causam pro causà Some Towns cannot send fit men it standeth very strongly if you seek to help let the Plaister be fit for the sore let not the Salve be stretched too far lest the whole and sound flesh by the broad spreading of the Salve do either smart fret or fester The Medicine which healeth the sick man may be poyson for the whole and sound man All Citizens and Burgesses should not be thought alike and yet all provided for as there is due cause let there be therefore convenient consideration how to heal how to hurt And I could wish according to the weight of the matter it might be rather staid on than thus abruptly over-ruled and while we fly Scylla we fall not into Charybdis while we say that Boroughs cannot send to this High Court so fit men as be convenient that by altering the ancient usage which is the only Warrant and sole stay of freedom in Parliament it may happily be said we have no Parliament now within this Realm nor Liberty at all for any such here to be holden M r Bell in Answer of this did collect the substance of what had been said and in a long Discourse shewed that it was necessary all places should be provided for and not Boroughs only being but one of the Members of the Common-Wealth and that some of them have neither Wealth to provide fit men nor themselves any in any sort convenient He thought not amiss if in respect of those manifest wants convenient supply should be but without the Warrant of Parliament such alteration might not be He then thought it not amiss to be advised And for the objection of the danger which may ensue by reason of the Letters of Noblemen he could not he said but think it convenient to prevent the same and therefore wished that there might be the penalty of forty pound upon every Borough that should make such Election at the Nomination of any Nobleman M r Alford reasoned to this effect That above all things necessary care ought to be for the chusing and having of fit men to supply the place
that there be not imperfection And therefore noted one great disorder that many young men not experienced for Learning sake were often Chosen through whose default he knew not whether Letters of Noblemen Love or Affection in the Country their own Ambition or the careless accompt of the Electors or what else was the Cause he knew not but it was to be seen whereupon he would none should be of that House not of thirty years of Age at the least And for the Choice of Townesmen he said he was of this mind that Moses and Aaron should be conjoined together and that there should be one of their own or some Gentleman near them who had knowledge of the State of the Country and the other a man Learned and able to utter his mind and opinion since that knowledge locked up in the breast not being orderly opened is to no purpose and this part he said was as requisite for consultation as the other So that he seemed to conclude the Law should be in force for the one Burgess and at Liberty for th other After which Speeches the aforsaid Bill touching the validity of Burgesses c. was Ordered to be committed but the names of the Committees being not found in the aforesaid Anonymous Journal are therefore transcribed out of the Original Journal-Book of the House of Commons it self viz. Sir Thomas Hilton Knight M r Bell M r Robert Bowes M r Fleetwood M r Warnecomb M r Bedle M r Atkins M r Alford and M r Gynes and appointed to meet in the Temple-Church upon Saturday next at two of the Clock in the Afternoon It was Ordered that the Wardens of the Fleet should bring M r Sacheveril into this House to Morrow in the Morning at nine of the Clock touching M r Skeffington's Bill Vide concerning this Bill on Saturday the 14 th day of this instant April foregoing The Bill against Usury was read the second time whereupon ensued divers Arguments and Speeches which being omitted in the Original Journal-Book of the House of Commons are therefore transcribed out of that often already cited Anonymous Journal of the same House in manner and form following First one M r Clarke spoke to this effect That the referring of the punishment in the Bill mentioned being put to the Ecclesiastical Judges for so much was nothing for that they are to punish by the Civil Law by the Canon Law or by the Temporal Law The Civil Law would not avoid them because by that Law there is allowance of Usury The Canon Law is abolished and in that respect the Temporal Law saith nothing so that the pretence may seem to be somewhat but the effect thereby wrought is nothing yet that it was ill neither Christian nor Pagan ever denied Aristotle being asked what Usury was he said it was praeter Naturam and therefore could not be defined And Plato being asked the same Question he said it was idem ac hominem occidere S t Augustine the same And in the very words of the Psalmist answereth to the Question Domine quis habitabit in Tabernaculo tuo He said Qui curat proximo suo non decipit eum qui pecuniam suam non dabit ad usuram M r Molley first Learnedly and Artificially making an Introduction to the matter shewed what it might be thought on for any man to endeavour the defence of that which every Preacher at all times following the Letter of the Book did speak against yet saith he it is convenient and being in some sort used it is not repugnant to the word of God Experience hath proved the great mischief which doth grow by reason of excessive taking to the destruction of young Gentlemen and otherwise infinitely but the mischief is of the excess not otherwise Since to take reasonably or so that both parties might do good was not hurtful for to have any man lend his money without any Commodity hardly should you bring that to pass And since every man is not an Occupier who hath money and some which have not money may yet have skill to use money except you should take away or hinder good Trades bargaining and contracting cannot be God did not so hate it that he did utterly forbid it but to the Jews amongst themselves only for that he willed they should lend as Brethren together for unto all others they were at large and therefore to this day they are the greatest Usurers in the World But be it as indeed it is evil and that men are men no Saints to do all these things perfectly uprightly and Brotherly yet ex duobus malis minus malum eligendum and better may it be born to permit a little than utterly to take away and prohibit Traffick which hardly may be maintained generally without this But it may be said it is contrary to the direct word of God and therefore an ill Law if it were to appoint men to take Usury it were to be disliked but the difference is great between that and permitting or allowing or suffering a matter to be unpunished It may be said that Nudum pactum non parit obligationem but there must be somewhat given in consideration Let be that there is nothing given of the Lenders yet there is somewhat simile omne bonum exemplum omnis lex in se aliquid habet mali for that some body shall suffer thereby We are not quoth he so straitned to the word of God that every transgression should be surely punished here Every vain word is here forbidden by God yet the temporal Law doth not so utterly condemn it As for the words of the Scripture he saith the Hebrew soundeth thus in Answer of this Question Qui non dat pecuniam suam ad morsum so it is the biting and over-sharp dealing which is disliked and nothing else And this he said was the opinion and interpretation of the most Famous Learned Man Beza and in these days of Bellarmine and divers others who say that the true interpretation of the Hebrew word is not Usura but Morsus Doctor Wilson Master of the Requests said that in a matter of so great weight he could not shortly speak and acknowledging that he had throughly studied the matter desired the patience of the House And first he endeavoured to prove that the common State may be without Usury then he shewed how even men that have been ignorant of God or his Laws finding the evils thereof by their Laws redressed it and utterly prohibited the use thereof As the Athenians caused all the Writings taken for interest money to be burnt and the like did Lycurgus by a Law which he made and seeing the Fire he said he never saw so fair a Flame as those Books yielded He then made a definition of Usury shewing it was taking of any reward or price or sum over and above the due Debt To make any thing of that which is not mine it is robbery Forthwith upon the delivery of
Heathens that were most barbarous But here it may be said the mischief appeareth where is the remedy and that it were better not opened in such a presence than opened without the remedy both devised and declared In mine opinion the remedies may easily be devised all the difficulty is in the well Executing of them As first if the chief Parsonages of this Realm both in Town and Country would give good Example it cannot be but it would be much to the remedying of a great part of this mischief Secondly The dividing every one of the Dioceses according to their greatness into Deaneries as I know commonly they be and the committing of the Deaneries to men well chosen as I think commonly they be not and then the keeping of certain ordinary Courts at their prescript times for the well Executing of those Laws of Discipline as they ought to be with a sure controulment of those inferior Ministers by the Bishop or his Chancellor not biennially or triennially but every year twice or thrice which use of necessity without very great difficulty may do much in very short time to the reformation of this the chief Officers Ecclesiastical all being very well and the Laws themselves being first made sufficient and perfect which in this Parliament may very well be brought to pass And because the proceedings of matters in Discipline and Doctrine do chiefly concern my Lords the Bishops both for their understanding and Ecclesiastical Function therefore the Queens Highness looketh that they being called together here in Parliament should take the chiefest care to confer and consult of these matters And if in their Conference they found it behooful to have any Temporal Acts made for the amending and reforming of any of these lacks that then they will exhibit it here in Parliament to be considered upon and so Gladius Gladium juvabit as before time hath been used foreseeing always that all Laws and Ordinances for this matter of Doctrine and Discipline be uniform and so one sort throughout the whole Realm And thus much concerning Religion being the first part Now to the second that is matters of Policy And herein first for the good Government of the Subjects at home the lacks and defaults whereof as in Discipline so in this stand altogether in the imperfection of Laws or else the fearfulness slothfulness and corruption of Temporal Officers that ought to see the due Execution of them For the help of the former you are to Examine whether any Laws already made are too sharp or too sore and so over-burthensom for the Subject or whether any of them are too loose or too soft and so over-dangerous to the State for like as the former may put in danger many an Innocent particularly so the second may put in danger both the nocent and innocent and the whole State universally You are also further to Examine the want and superfluity of Laws and whether crafty Covetousness and Malice have devised any means to defraud Laws already made or how to do any injuries for which there is no Law that hath his being to reform it or whether the Common-Weal and State of this Realm by reason of any imperfection or cause is like to fall to any danger or peril for the greater the danger is the greater would the care and consideration be for the remedy of it You are also to Examine whether there are too many Laws for any one thing which breedeth so many doubts that the Subject is sometimes to seek how to observe them and the Chancellor how to give advice concerning them As to the second imperfection which is the want of the due Execution of Laws because I cannot perceive but all the rest and all Laws made and to be made is but a vain matter therefore I have thought oft with my self what might be the best remedy if not to make all Laws perfectly Executed for that I can hardly hope of yet to make them in much better Case than now they be And when I had considered all things I could find no help but this The first by having great care in the choice of those Officers that have the Execution of Laws The second to do as much as may be for the banishing of sloth corruption and fears from them A third way there is which I leave to your judgments this it is there should be a triennial or biennial Visitation in this nature made of all the Temporal Officers and Ministers that by virtue of their Office have in charge to see the Execution of Laws By this I mean that the Queens Majesty should make choice every second or third year of certain expert and approved persons to whom Commission should be granted to try out and examine by all ways and means the offences of all such as have not seen to the due Execution of the Laws according to the offices and charges committed to them by the Prince And the offences so found and certified to be sharply punished without remission or redemption Of effect much like this and to the like end was the Visitation of the Church first devised whereof in the beginning of it came great good doubtless and reason I see none but the like good ought to follow upon like Visitation made amongst Temporal Officers And the old Commission of Oyer tended somewhat to this end I doubt certainly if the Laws and Statutes of this Realm should not indifferently uprightly and diligently be put in Execution as my trust is they shall especially in the great and open Courts of this Realm then my burthen I confess is equal with the greatest and yet for my part I would gladly every year hear of and yield to such a Comptroller Now to the last and greatest which is the defence against the Foreign Enemy abroad and his Confederates brought up and bred amongst us our selves because these matters be by reason now chiefly in hand and that the dealings of the outward Enemy be matters that go to the whole and that this presence you know representeth the whole Therefore in all congruity it seemeth reason that all we for and in the name of the whole consider carefully of this cause and give present assistance for the help of it And to the end you may be more able to give good Counsel and advice therein it hath been thought meet I should summarily and shortly make you privy of these proceedings which shall be the better understood if I begin at the root as I intend This it is The Queens Majesty at her coming to the Crown finding this her Realm in a ragged and torn State and yet in Wars with a mighty Enemy the Chief Fortress of the same lost to the Realms great dishonour and weakning her Frontier Towns not sufficiently fortified the Revenue of the Crown greatly spoiled the Treasure of the Realm not only wasted but the Realm also greatly indebted The Land of Ireland much out of order The Staple and Store of all kind
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
r Hen. Killegrew M r William Gerrard M r Dalton and M r Peacock Vide concerning this matter on Thursday the 26 th day of June following On Tuesday the 13 th day of May the Bill for the Almeshouse of Plymouth in the County of Devon was read the second time and committed unto M r Edward Stanhope and M r Robert Snagg and by them in certain points amended and returned again Five Bills also of no great moment had each of them their first reading of which the first was against fraudulent Conveyances and secret Estates of Lands and the second for Christs Hospital On Wednesday the 14 th day of May Two Bills of no great moment had each of them one reading of which the second being the Bill that Tenants and Defendants in Actions may pray a Tales de circumstantibus as well as Plaintiffs and Defendants was read the first time and delivered to M r Fleetwood to be augmented for the Counties Palatine The Bill lastly for Explanation of a Statute made that the Lands and Goods of Tellors and Receivors should be liable to the payment of their Debts was read the second time and committed unto Sir Walter Mildmay M r Wilbraham M r Fanshawe M r Norton M r Sampoole and M r Robert Snagg who were appointed to meet at three of the Clock at Sir Walter Mildmay's House On Thursday the 15 th day of May M r Attorney General and M r Sollicitor were sent from the Lords to require M r Speaker that a convenient number of this House should attend upon their Honours in the Council-Chamber for Conference and signified that they had good liking of the first Committees for that purpose on Monday last Whereunto the House being moved by M r Speaker fully assented And upon the repair of the said Committees to the Lords and their return to this House again it was declared by M r Treasurer that the said Lords had appointed to meet in the Afternoon at two of the Clock in the Star-Chamber willing them to attend them there for further direction and a Plot to be devised for their manner of proceeding in the matter concerning the Queen of Scots Vide de ista materia on Thursday the 26 th day of June ensuing The Bill for the due Execution of the Statute for Weights and Measures and reformation of the abuses of the Clerk of the Market was read the first time On Friday the 16 th day of May A Motion being made whether it were convenient that this House and the Lords should join in Petition to move the Queens Majesty for the Execution of the Duke of Norfolk who was afterwards Beheaded on the Tower-Hill on the 10 th day of June following or that the common opinion of this House touching necessary Execution to be done upon him were meet to be signified unto her Highness as their general Resolution And upon the Question all the House thought that the general resolution was meetest to be signified unto her Majesty but not by way of Petition or direction of this House Two Bills also of no great moment had each of them one reading of which the second being the Bill against fraudulent Conveyances and secret Estates of Lands was read the second time and committed unto Sir Hen. Gates Sir Nichol. Arnold M r Recorder M r Mounson M r Fenner M r Edward Stanhoppe M r Snagg who were appointed to meet in Lincolns-Inn-Hall this Afternoon at two of the Clock and to return the Bill to Morrow On Saturday the 17 th day of May Five Bills of no great moment had each of them their first reading of which the last being the Bill that Patrons shall not lose their Presentations by lapse without notice when the Incumbents take another Benefice was read the first time Upon sundry Motions made by divers of this House it was Ordered that Arthur Hall Esq for sundry lewd Speeches used as well in this House as also abroad elsewhere shall have warning by the Serjeant to be here upon Monday next and at the Bar to answer to such things as he shall then and there be charged with And it was further Ordered that all such persons as have noted his words in writing either in this House or abroad do forthwith assemble in the Chamber above and put the same words in writing and afterwards deliver them to M r Speaker to the end he may charge the said Hall on Monday next On which said day see more concerning this matter On Monday the 19 th day of May Four Bills of no great moment had each of them one reading of which the last being a Bill for the Repeal of a former Statute made for the Town of Shrewsbury was read the second time and Ordered to be ingrossed The Bill for Explanation of 32 H. 8. for Recoveries was read the second time and committed unto the Master of the Wardrobe Sir Nicholas Arnold M r Attorney of the Court of Wards M r French M r Bowreman and M r Snagg Wednesday next was appointed unto Lodwicke Grevill Esq to make his appearance in this Court at the same hour he should have appeared this present day The Bill concerning Presentations by Law was read the second time and Ordered to be considered of by M r Tho. Browne M r Doctor Yale M r Wolley M r French M r Baber M r Jeoffrey M r Gates and M r Bowreman who were appointed to meet this Afternoon in the Middle Temple Church M r Doctor Lewes and M r Doctor Vaughan brought from the Lords a Bill touching Vagabonds and for relief of the Poor The Bill concerning Rites and Ceremonies was read the second time and Ordered to be ingrossed M r Doctor Yale and M r Doctor Huick brought from the Lords a Bill against the Forging of Foreign Coin not currant within this Realm Four Bills also of no great moment had each of them one reading of which the second being the Bill against the deceits of Under-Collectors of the Tenths and Subsidies of the Clergy was read the second time and Ordered to be ingrossed M r Attorney of the Court of Wards in the name of all the Committees in the great cause whose names see on Monday the 12 th day of this instant May foregoing made report unto the House of their Conference therein had with the Lords which being done after sundry Speeches it was upon the Question resolved by the House for the better safety and preservation of the Queens Majesties Person and the present State to make choice of proceeding against the Scottish Queen in the highest degree of Treason and therein to touch her as well in Life as in Title and Dignity and that of necessity with all possible speed by the whole Voice of the House But upon what occasions or motives the House grounded this their advice and resolution doth not appear in the Original Journal-Book of the same But most probable it is that they were the same which remain in written Copies in
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
needful to put you in remembrance that this Honourable Assembly are Assembled and come together here in this place for three special Causes of most weighty and great importance The first and principal is to make and abrogate such Laws as may be most for the preservation of our noble Soveraign The second ..... The third is to make or abrogate such Laws as may be to the chiefest surety safe-keeping and enrichment of this noble Realm of England So that I do think that the part of a faithful-hearted Subject is to do his endeavour to remove all Stumbling-Blocks out of the way that may impair or any manner of way hinder these good and Godly Causes of this our coming together I was never of Parliament but the last and the last Session at both which times I saw the Liberty of free Speech the which is the only Salve to heal all the Sores of this Common-Wealth so much and so many ways infringed and so many abuses offered to this Honourable Council as hath much grieved me even of very Conscience and love to my Prince and State Wherefore to avoid the like I do think it expedient to open the Commodities that grow to the Prince and whole State by free Speech used in this place at the least so much as my simple Wit can gather of it the which is very little in respect of that that wise Heads can say therein and so it is of the more force First All matters that concern Gods Honour through free Speech shall be propagated here and set forward and all things that do hinder it removed repulsed and taken away Next there is nothing commodious profitable or any way beneficial for the Prince or State but faithful and loving Subjects will offer it in this place Thirdly All things discommodious perillous or hurtful to the Prince or State shall be prevented even so much as seemeth good to our merciful God to put into our minds the which no doubt shall be sufficient if we do earnestly call upon him and fear him for Solomon saith The fear of God is the beginning of Wisdom Wisdom saith he breatheth Life into her Children receiveth them that seek her and will go beside them in the way of Righteousness so that our minds shall be directed to all good needful and necessary things if we call upon God with faithful hearts Fourthly If the Envious do offer any thing hurtful or perillous to the Prince or State in this place what incommodity doth grow thereby Verily I think none nay will you have me to say my simple opinion therein much good cometh thereof how forsooth for by the darkness of the Night the brightness of the Sun sheweth more excellent and clear and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out for it is offered in this place a piece of fine Needle-work unto them that are most skilful therein for there cannot be a false stitch God aiding us but will be found out Fifthly This good cometh thereof a wicked purpose may the easier be prevented when it is known Sixthly An evil man can do the less harm when it is known Seventhly Sometime it happeneth that a good man will in this place for Argument sake prefer an evil cause both for that he would have a doubtful truth to be opened and manifested and also the evil prevented so that to this point I conclude that in this House which is termed a place of free Speech there is nothing so necessary for the preservation of the Prince and State as free Speech and without it is a scorn and mockery to call it a Parliament House for in truth it is none but a very School of Flattery and Dissimulation and so a fit place to serve the Devil and his Angels in and not to glorify God and benefit the Common-Wealth Now to the impediments thereof which by Gods Grace and my little Experience I will utter plainly and faithfully I will use the words of Elcha Behold I am as the new Wine which hath no vent and bursteth the new Vessels in funder therefore I will speak that I may have a vent I will open my Lips and make Answer I will regard no manner of Person no man will I spare for if I should go about to please men I know not how soon my Maker will take me away my Text is vehement the which by Gods sufferance I mean to observe hoping therewith to offend none for that of very Justice none ought to be offended for seeking to do good and saying of the truth Amongst other M r Speaker Two things do great hurt in this place of the which I do mean to speak the one is a rumour which runneth about the House and this it is take heed what you do the Queens Majesty liketh not such a matter whosoever prefereth it she will be offended with him or the contrary her Majesty liketh of such a matter whosoever speaketh against it she will be much offended with him The other sometimes a Message is brought into the House either of Commanding or Inhibiting very injurious to the freedom of Speech and Consultation I would to God M r Speaker that these two were Buried in Hell I mean rumours and Messages for wicked undoubtedly they are the reason is the Devil was the first Author of them from whom proceedeth nothing but wickedness now I will set down reasons to prove them wicked First If we be in hand with any thing for the advancement of Gods Glory were it not wicked to say the Queen liketh not of it or Commanded that we shall not deal in it greatly were these Speeches to her Majesties dishonour and an hard opinion were it M r Speaker that these things should enter into her Majesties thought much more wicked and unnatural were it that her Majesty should like or Command any thing against God or hurtful to her self and the State The Lord grant this thing may be far from her Majesties Heart Here this may be objected that if the Queens Majesty should have intelligence of any thing perillous or beneficial to her Majesties Person or the State would you not have her Majesty give knowledge thereof in this House whereby her peril may be prevented and her benefit provided for God forbid then were her Majesty in worse case than any of her Subjects And in the beginning of our Speech I shewed it to be a special Cause of our Assembly but my intent is that nothing should be done to Gods dishonour to her Majesties peril or the peril of the State And therefore I will shew the inconveniences that grow of these two First If we follow not the Princes mind Solomon saith the Kings displeasure is a Messenger of Death This is a terrible thing to weak nature for who is able to abide the fierce Countenance of his Prince but if we will discharge our Consciences and be true to God and Prince and
their consents as well as the others Well he that hath an Office saith S t Paul let him wait on his Office or give diligent attendance upon his Ofsice It is a great and special part of our duty and office M r Speaker to maintain the freedom of Consultation and Speech for by this good Laws that do set forth Gods Glory and for the preservation of the Prince and State are made S t Paul in the same place saith hate that which is avil cleave unto that which is good then with S t Paul I do advise you all here present yea and heartily and earnestly desire you from the bottom of your hearts to hate all Messengers Tale-Carriers or any other thing whatsoever it be that any manner of way infringes the Liberties of this Honourable Councel yea hate it or them as venemous and poyson unto our Common-Wealth for they are venemous Beasts that do use it therefore I say again and again hate that which is evil and cleave unto that which is good and this being loving and faithful hearted I do wish to be conceived in fear of God and of love to our Prince and Statè for we are incorporated into this place to serve God and all England and not to be Time-Servers as Humour-feeders as Cancers that would pierce the Bone or as Flatterers that would fain beguile all the World and so worthy to be Condemned both of God and Man but let us shew our selves a People endued with Faith I mean with a lively Faith that bringeth forth good Works and not as Dead And these good Works I wish to break forth in this sort not only in hating the Enemies before-spoken against but also in open reproving them as Enemies to God our Prince and State that do use them for they are so Therefore I would have none spared or forborn that shall from henceforth offend herein of what calling soever he be for the higher place he hath the more harm he may do therefore if he will not eschew offences the higher I wish him hanged I speak this in Charity M r Speaker for it is better that one should be hanged than that this Noble State should be subverted well I pray God with all my heart to turn the hearts of all the Enemies of our Prince and State and to forgive them that wherein they have offended yea and to give them grace to offend therein no more even so I do heartily beseech God to forgive us for holding our peaces when we have heard any injury offered to this Honourable Councel for surely it is no small offence M r Speaker for we offend therein against God our Prince and State and abuse the confidence by them reposed in us Wherefore God for his great mercies sake grant that we may from henceforth shew our selves neither Bastards nor Dastards therein but that as rightly begotten Children we may sharply and boldly reprove Gods Enemies our Princes and State and so shall every one of us discharge our Duties in this our High Office wherein he hath placed us and shew our selves haters of Evil and Cleavers to that that is good to the setting forth of Gods Glory and Honour and to the Preservation of our Noble Queen and Common-Wealth for these are the marks that we ought only in this place to shoot at I am thus earnest I take God to witness for Conscience Sake Love Love unto my Prince and Common-Wealth and for the advancement of Justice for Justice saith an Antient Father is the Prince of all Vertues yea the safe and faithful Guard of mans Life for by it Empires Kingdoms People and Cities be governed the which if it be taken away the Society of man cannot long endure And a King saith Solomon that sitteth in the Throne of Judgment and looketh well about him chaseth away all evil in the which State and Throne God for his great mercies sake grant that our Noble Queen may be heartily vigilant and watchful for surely there was a great fault committed both in the last Parliament and since also that was as faithful hearts as any were unto the Prince and State received most displeasure the which is but an hard point in Policy to encourage the Enemy to discourage the faithful-hearted who of fervent love cannot dissemble but follow the Rule of S t Paul who saith let love be without dissimulation Now to another great fault I found the last Parliament committed by some of this House also the which I would desire of them all might be left I have from right good men in other Causes although I did dislike them in that doing sit in an evil matter against which they had most earnestly spoken I mused at it and asked what it meant for I do think it a shameful thing to serve God their Prince or Country with the tongue only and not with the Heart and Body I was answered that it was a common Policy in this House to mark the best sort of the same and either to sit or arise with them that same common Policy I would gladly have banished this House and have grafted in the stead thereof either to rise or sit as the matter giveth Cause For the Eyes of the Lord behold all the Earth to strengthen all the hearts of them that are whole with him These be Gods own words mark them well I heartily beseech you all for God will not receive half part he will have the whole And again he misliketh those two faced Gentlemen and here be many Eyes that will to their great shame behold their double dealing that use it Thus I have holden you long with my rude Speech the which since it tendeth wholly with pure Conscience to seek the advancement of Gods Glory our Honourable Soveraigns Safety and to the sure defence of this noble Isle of England and all by maintaining of the Liberties of this Honourable Councel the Fountain from whence all these do Spring my humble and hearty Suit unto you all is to accept my good will and that this that I have here spoken out of Conscience and great zeal unto my Prince and State may not be buried in the Pit of Oblivion and so no good come thereof Upon this Speech the House out of a reverend regard of her Majesty's Honour stopped his further proceeding before he had fully finished his Speech The Message he meant and intended was that which was set by her Majesty to the House of Commons in the said fourteenth year of her Reign upon Wednesday the 28 th day of May by Sir Francis Knolles Knight Treasurer of her Majesties Houshold inhibiting them for a certain time to treat or deal in the matter touching the Scottish Queen Now follows the proceeding of the House upon this Speech out of the Original Journal-Book it self M r Wentworth being Sequestred the House as aforesaid for his said Speech it was agreed and Ordered by the House upon the Question after sundry Motions and Disputations had therein
first time M r Doctor Vaughan and M r Doctor Yale brought from the Lords the Bill for setting the Poor on work and for avoiding of Idleness with certain amendments and a Proviso M r Treasurer one of the Committees in the Lady Wainman's Cause reported that both the Parties have submitted themselves to the Arbitrement of the Lord Treasurer the Lord Chamberlain the Earl of Leicester M r Treasurer M r Comptroller M r Chancellor of the Dutchy and M r Captain of the Guard or the most part of them to be made within one Year next after the Session of this present Session of Parliament for the performance and accomplishment of the same Arbitrement A Proviso with some Amendments was offered to the Bill for reformation of Inholders common Cooks and Tavern Keepers and being twice read after the Question was upon the Division of the House by the advantage of the number of forty persons Ordered to be ingrossed and added to the Bill and then afterwards upon another Question and like Division of the House the Bill with the Proviso was dashed with the difference of twenty eight persons Post Meridiem In the Afternoon the Master of the Rolls and M r Serjeant Barham did bring from the Lords a Bill for the appointing of Wharfs and Keys for the unlading and discharging of Merchandizes and withal a Message from them that some of this House may be appointed to have Conference with some such of their Lordships as shall be thought meet touching such private Bills in both Houses as upon their Conference together shall be thought fittest to be Examined whereupon it was Ordered that twelve of this House shall be appointed for that purpose viz. M r Treasurer M r Captain of the Guard M r Wilson Master of the Requests Sir Henry Ratcliffe Sir Rowland Hayward Sir Thomas Scott Sir John Thynne Sir Henry Wallope Sir George Penrudock M r Popham M r Sampoole and M r Yelverton The Bill concerning Authority given to the Justices of the Queens Majesties Forests Chaces and Parks was read the second time and committed this day afterwards The two Bills for Denizens and the Bill for Presentations by Lapse being amended were sent up to the Lords by M r Treasurer and others M r Serjeant Barham and M r Doctor Vaughan brought word from the Lords that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber M r Comptroller M r Chancellor of the Exchequer M r Captain of the Guard Sir Henry Gates Sir Henry Ratcliffe Sir Thomas Barrington Sir Nicolas Arnold Sir Henry Knivett M r Recorder of London M r Sampoole M r Stanhoppe M r Crooke M r Snagg M r John Vaughan M r Serjeant Jeffries M r Serjeant Lovelace M r Edward Horsey M r Robert Wroth M r Colby M r Topclyffe M r Bowyer M r John S t John M r Dawney M r Robert Colshill M r Digbie and M r Birkhed were appointed in Committee for the Bill concerning certain Authority given to the Justices of the Queens Majesties Forests Chaces Parks and Warrens Nota That this Bill having been sent down from the Lords to the House of Commons on Wednesday the 7 th day of this instant March foregoing should without all question never have been referd to Committees upon the second reading this instant Thursday except the said House of Commons had taken such just exceptions at the same as they afterwards made known to a Committee of the Lords and by reason of which finally the same was stopped from further passing The further carriage and proceeding of which business being wholly omitted in the Original Journal-Book of the House of Commons through the great negligence of Fulk Onslow Esq at this time Clerk of the same I have thought good to supply it out of a written Memorial or Copy thereof I had by me because it may appear upon what just grounds and solid reasons the Members of the said House did refuse to pass the said Bill and although it doth not certainly appear whether the said Proceedings in the said Bill between the Committees of either House were this day or no yet I have referred it thereunto as the most probable and likely time in respect that there is no further mention made of this Bill or business in either of the Original Journal-Books of the Upper House or House of Commons upon any ensuing day during this present Session of Parliament These things being thus premised the foresaid Memorial or written Discourse of this business doth now ensue to be inserted The Committees before-named having upon deliberate consideration of the parts and of the scope of the said Bill touching Authority to be given to the Justices of the Queens Majesties Forests c. found the same not convenient to proceed did nevertheless out of their respect unto the Lords from whom the Bill had been sent down desire first to satisfie them before they utterly refused and dashed the said Bill and did thereupon send unto their Lordships who as it appeareth by the Original Journal-Book of the Upper House did this Afternoon sit to offer them Conference which they accordingly accepted and thereupon there did assemble in a place appointed as Commissioners or rather as Committees for the Lords the Earl of Sussex the Earl of Rutland the Earl of Leicester the Lord Grey of Wilton and the Lord Hunsdon having for their assistance standing by the two Chief Justices and the Queens Attorney General upon these the foresaid Committees of the House of Commons by Order of the same House gave their attendance and by Sir Walter Mildmay K t Chancellor of the Exchequer the second of the said Committees in the name and by consent of the rest said to the Lords in effect as followeth viz. That whereas a Bill touching the enlargement of the Justices of Forest-Authority had passed from their Lordships and was sent to the House of Commons the same had received there two readings and upon the second reading was greatly impugned by many Arguments made against it nevertheless the respect they had to their Lordships moved them to stay any further proceeding therein to the hazard of the Bill until by some Conference with their Lordships the House in such things as were objected might be satisfied To that end he said the House of Commons had sent them to attend upon their Lordships and so entring into the matter said That of many things spoken to the hindrance of the Bill they would trouble their Lordships but with some few such as they had noted to have been of most value by which he said their Lordships should find that the House of Commons did take the Bill to be unnecessary chargeable dangerous obscure For the first that whereas in the preamble of the Bill it was pretended that one principal cause of this Act was that the Justices of the Forests having no Authority to sit
but within the several Forests which to execute in their own persons could not be done through the distances of the Countries and through the great charges that would follow in expences if men of their calling should be driven to travel once every third year to keep their sittings in so many several places by means whereof the Justice Seats were greatly delayed and seldom holden whereby the Offenders either by general Pardons comeing between or by the Death of the Parties did escape unpunished to that he said all these defects were sufficiently holpen by Laws heretofore provided In the time of King Henry the Eighth it was Enacted that both the Justices of the Forests on this side Trent and the Justices of the Forests beyond Trent might make in every Forest a Deputy that should have in all things like Authority to themselves and therefore seeing they had and usually had made Deputies men of less degree than they are and most commonly inhabiting the Countries where the Forests do lie there was no necessity that the Justices in their own Persons should ride but those his Substitutes might very well perform the service with a small charge and so there appeared no cause for that respect to make this Law for it might be supplied otherwise sufficiently For the second he said that whereas by this new Law the Justice should have power to open the Swainmote Books at his pleasure and to convent before him the Offenders at such time and place as he thought good the same must needs prove a very chargeable matter to the Subjects for men being compellable only to appear and answer in the County where the Forest lyeth and where for the most part they abide and there to receive their Trial if now they shall be driven to appear and answer in any place and at any time where and when the Justices shall appoint them it may easily be seen how far greater charge this will breed to the Subject both in travel expence and loss of time than heretofore hath been used chargeable besides it would be to such as should happen to be impannelled upon Juries for trial of offences if they should be driven to come out of the Forests to appear before the Justice in any place which he shall assign contrary to the antient Laws heretofore Ordained for such causes For the third he said that if the Justice sending for the Swainmote Books and opening them should proceed to the punishment of the Offenders according to such Presentments as he should find there that might prove very dangerous to the Subject and especially to such as dwell within or near any Forests for those Presentments being made by the Oath of the Keepers do as often proceed upon suspition and upon malice as upon any good or sufficient ground and then if they be so peremptory to the Offenders as some men think they are or if the tryal be not very indifferent which taken out of the Country may be doubted it is easily seen how perilous that will be to the Subject for either the party shall be forced to submit himself to the discretion of the Justice or else abide such Tryal as he shall not be able to endure Besides whereas the Queen most graciously doth use to grant often-times general Pardons by Act of Parliament whereby the Subjects of the Land are discharged of far greater offences than these such as might happen to offend this way or to be brought in Question for the same should never be partakers of that grace which all other Subjects do enjoy but by yearly vexation be in danger of trouble and charge almost without hope to be released although the offences be as often-times they are very small and slenderly proved whereas now the Justice cannot by the Law keep his Seat but once in three years and if a Pardon come in the mean time all those offences are discharged Touching the last and fourth point he said in making of Laws one principal and special care is to be taken that nothing pass in dark words but that it may be clear and evidence to the understanding of the Makers thereby to know to what they bind themselves and their Posterity the contrary whereof was to be doubted in this Bill as it was penned wherein Authority should be given to the Justices of the Forests to proceed in the Execution of punishment and other matters not only according to the Laws but also according to the Customs Usages and Ordinances of the Forests which latter words are very obscure and therefore dangerous to pass in that form for what the Laws of the Forests are such as be established by Authority of Parliament are evident and open to all men and every Subject is bound to take knowledge of them but what the Customs Usages and Ordinances of the Forest be and how far these words may extend is very doubtful and uncertain the same being only known to Officers and Ministers of Forests and are so far from the common knowledge of other men as few or none that are Learned in the Laws of the Realm have any understanding in them so as if any Subject of the Land should be Impeached for an offence committed in the Forests he shall not be able to receive advice by Councel in the Law for his reasonable defence and therefore under those general words to bind the Subject to those things that neither they do nor may easily get knowledge of The House of Commons do think it a matter very inconvenient and do also think that the Forest Laws already established by Parliament are strict enough and being put in due Execution may suffice without any further addition to increase the burthen of them To these Objections the Earl of Sussex a wise man of good understanding in Forest matters being Justice of the Forests on this side Trent said for Answer in effect as followeth To the first confessing that by Authority of Parliament the Justices of the Forests might appoint their Deputies said nevertheless that those also could not hold their sittings without great charge and their doings shall not be so obeyed nor esteemed as the Acts and Proceedings of the Justices themselves and therefore thought this Law necessary To the second third and fourth he said that there was no meaning by the Lords that past the Bill to bring upon the Subjects any of those inconveniences that were noted by the House of Commons howsoever the Bill might be penned contrary to their intentions and yet he thought that the words were misconceived and drawn to a harder sense than there was cause Nevertheless he said the Lords could be well contented that the House of Commons should reform such things in the Bill touching those points as they should find convenient so as the same were done with good consideration and upon sufficient cause whereof they doubted not This being the substance of the Conference it was the next day reported by one of the Committees to the
Popham M r Stanhope M r Colbie and M r Broughton The Bill against abusing of Licences to transport forbidden Wares was delivered to M r Comptroller Post Meridiem In the Afternoon five Bills of no great moment had each of them one reading of which the second being the Bill touching Inquisitions and Offices to be taken within the Counties Pallatine and the third being the Bill touching Wharfs and Keyes were each of them read the second time but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been formerly sent from the Lords The former Committees for the Bill of Apparel who were appointed on Saturday the 10 th day of this instant March foregoing were sent up to the Lords for Conference as well in that Bill as in the Bill for preservation of Pheasants and Partridges Thus far out of the Original Journal-Book of the House of Commons that which follows touching the proceeding of the Committees in the Bill for restitution in Blood of the Heirs of the Lord Stourton is inserted out of that large Memorial or written Discourse of the whole Carriage of that business I had by me being prout sequitur The Committees reading deliberately the Bill and the whole Contents thereof partly upon causes alledged in the House and partly upon causes remembred among themselves took the saving in the Bill not to be sufficient but added a Proviso unto it the special point whereof was to bar the Lord Stourton that he should not take advantage of any error that might happen to be in any Fine Recovery or other Conveyance passed by his Father or his Ancestors but he should be in that respect as though his Blood were not restored in which State he can bring no Writ of Error The occasion of which Proviso grew chiefly for that the Lords had within few days before dashed a Bill that passed in the House of Commons for the helping of such Errors whereupon they thought it dangerous to give that scope to any man that should be restored in Blood and therefore they added such a Proviso both to this Bill and to another Bill of the like tenor that did concern one Anthony Mayny of Kent Esquire During the time of this Conference of the Committees the Lord Stourton being informed how his Case was Ordered in the House of Commons came to the place where the Committees sate and desired that himself and his Councel might be heard which they allowed him of their own discretion without the privity of the House his Councel laboured to shew to the Committees that the saving already in the Bill was sufficient so as they then needed no addition of any other Proviso but being answered to all that he said he could not much reply but seemed to be satisfied After which the Committees having agreed upon a Proviso repaired unto the House and made a report thereof but the Lord Stourton nothing contented therewithal procured immediately a Message from the Lords to the House of Commons in his favour which Message being more fully set down in the Original Journal-Book of the House of Commons than in that written Memorial or Discourse of this said cause I had by me out of which the foregoing proceedings are transcribed I have thought it better to supply it out of the same in manner and form following viz. M r Serjeant Barham and M r Doctor Vaughan did bring from the Lords four Bills viz. for restitution in Blood of Anthony Mayney Esquire the Bill for reformation of abuses in Goldsmiths the Bill to give Costs and Charges to the Defendant that shall be wrongfully vexed by slanderous and untrue Suits and the Bill for relief of Vicars with a Message also from their Lordships that the Committees of this House appointed for Conference with their Lordships in the Bill of Apparel may also have Commission from this House to shew unto their Lordships the reasons which did move this House to deal so hardly in the Bill which being signed by her Majesty passed their Lordships for the restitution in Blood of the Lord Stourton being a Nobleman and seeking but the same course and form of restitution which other Noblemen in like cases have done and had heretofore which Message being opened unto the House was not well liked of but thought perillous and prejudicial to the Liberties of this House Whereupon it was resolved by this House that no such reason should be rendred nor any of this House to be appointed unto any such Commission Vide plus concerning this business on Wednesday the 14 th day of this instant March ensuing Two Bills lastly had each of them their first reading of which the first was the Bill for restitution in Blood of Anthony Mayney Esq On Tuesday the 13 th day of March the Bill for restitution in Blood of Anthony Mayney Esq was twice read and a Proviso to the same Bill was read three times M r Sollicitor and M r Powle did bring from the Lords a Bill for the annexing of Gateside to New-Castle and withal a Message from their Lordships to desire Conference with such of this House as this House shall appoint touching Conference with their Lordships for the Bill of the Lord Stourton which their Lordships do hear hath had offers of Provisoes or some other thing to the stay of the proceeding of the said Bill Whereupon the said M r Sollicitor and M r Powle being called into this House received Answer that by the resolution of this House according to the antient Liberties and Priviledges of this House Conference is to be required by that Court which at the time of the Conference demanded shall be possessed of the Bill and not of any other Court And further that this House being now possessed of the Bill and minding to add some amendment to the said Bill will if they see cause and think meet pray Conference therein with their Lordships themselves and else not Vide concerning this matter on Wednesday the 14 th day of this instant March ensuing Two Bills of no great moment had each of them one reading of which the first being being the Bill against the excess of Apparel was read the second time and Ordered to be ingrossed M r Attorney General and M r Sollicitor did bring from the Lords the Bill of the Queens Majesties most gracious general and free Pardon M r Treasurer Mr. Chancellor of the Exchequer Mr. Secretary Walsingham Mr. Captain of the Guards Sir Nicholas Arnold Sir Henry Gate Mr. Snagg Mr. Grimsditch and divers others were appointed to confer in the Bill touching Wharfs and Keyes in the Chequer-Chamber immediately after Dinner this present day Mr. Serjeant Barham and Mr. Powle did bring word from the Lords that their Lordships did desire to have the former Committees in the Bill for Leather to confer with their Lordships presently touching the same Bill whereof they specially pray that Mr. Marsh may be one whereupon the said
of many Arguments and Speeches all generally misliking this kind of dealing with them thinking their Liberties much touched in three points one that they might not add or alter any Bill signed by the Queen another that any Conference should be looked for the Bill remaining with them except themselves saw cause to require it and the third to yield a reason why they passed the Bill in that sort After all these things were sufficiently debated an Answer was agreed on to be returned to the Lords by the same Committees and they gave their attendance upon the same Lords in the former place to whom was said in effect by Sir Anthony Mildmay Knight Chancellor of the Exchequer one of the Committees in the name and by the consent of the rest That they had delivered to the House of Commons the sense of that which their Lordships had said unto them which as they had conceived did stand upon two parts One the manner of their proceedings in this Case of the Lord Stourtons and the other matter wherein they had proceeded To both which they had a Commission from the House to make unto their Lordships this Answer First that they were very sorry that their Lordships had conceived such an opinion of the House as though they had forgotten their Duty to them praying their Lordships to think that the House of Commons did not want consideration of the superiority of their Estates in respect of their honourable calling which they did acknowledge with all humbleness protesting that they would yield unto their Lordships all dutiful reverence so far as the same were not prejudicial to the Liberties of their House which behoveth them to leave to their Posterities in the same freedom they have received them and touching this particular case the manner of their proceedings hath not been as they think any ways undutiful or unseemly for the Bill being sent from their Lordships to the House of Commons received there within little space two readings and because upon the second reading some Objections were made to lett the course of the Bill the House thought fit to commit it which doth shew that they had no disposition to over-throw the Bill but to further it both in respect of her Majesties Signatures and that it came passed from their Lordships and whether the Lord Stourton had cause or no to think himself favourably used in being heard of the Committees with his Learned Councel they referred to their Lordships Judgments That after the Committees report of their doings the House gave the Bill a third reading and so passed the same in such sort as now their Lordships had notwithstanding their sundry Messages to the contrary And lastly notwithstanding their Message of Conference they said they could not otherwise have done without breach of their Liberties for they take the order of the Parliament to be that when a Bill is passed in either House that House wherein the Bill remaineth may require Conference with the House that passed the Bill if they think good but not otherwise And so this Bill passing from the Lords to the House of Commons might if they had thought it convenient have required a Conference but not their Lordships of a Bill passed from themselves and thus much for the manner of their Proceedings Touching the matter wherein they have proceeded in that that they annexed a Proviso to this Bill the same being her Signature signed with her Majesties Hand they thought they might lawfully do it without offence to her Majesty taking her Signature to be only a recommendation of the Cause to both the Houses without which they could not treat of any Bill of that nature the House not being thereby concluded but that they might alter or add any thing that should be thought meet either for her Majesty or for her Subjects which Proviso they have added upon good deliberation not hastily or inconsiderately but upon great and sufficient reasons moving them praying their Lordships so to conceive it Nevertherless to declare those reasons in particular to their Lordships as they required in that part the House desired their Lordships to bear with them for that were to yield an account of their doings and of things passed in their House which they could not in any wise agree unto being so prejudicial to their Liberties This Speech finished the Committees were willed by the Lords to retire to the lower end of the Chamber and after some pause and consultation amongst the Lords they called again the Committees and to them was said by the Lord Treasurer that the Lords had considered the Answer that the Committees had brought them from the House of Commons and touching the first part thereof he said that albeit through such information as was given them they might have cause to conceive amiss of the House in the manner of their Proceedings yet because themselves were the truest Reporters of their own actions and the best Interpreters of their own meanings the Lords did accept of their Answer and rested well satisfied with the same But touching the other part he once again pressed the Committees to shew the reasons that moved the House to add that Proviso which the Lords took to be superfluous the Bill as he said containing in it already a saving that was sufficient for all Causes that might happen To that was said by one of the Committees that they humbly thanked their Lordships that it pleased them so well to accept of their Answer to the first part but for the second which concerned the matter it self and the reasons that moved the House he said the Committees had no further Authority to deal in having only Commission to deliver to their Lordships the Answer which they received from this House Whereupon the Assembly brake and the Lords returning to the Upper House and the Commitees to the House of Commons where at their coming one of them reported their whole Proceeding with the Lords wherein the House was much satisfied seeing that so great a storm was so well calmed and the Liberties of the House so well preserved which otherwise in time to come might have been prejudiced in those three points before remembred which are indeed if they be well considered of great weight and importance The Proceeding and Issue of this foresaid great Committee of both Houses being thus transcribed out of that written Memorial thereof I had by me now follows the last Passage in this business out of the Original Journal-Book of the House of Commons by which it may be easily gathered that the Committee of the Lords did not rest satisfied with the former Conference but sent down yet another Message to the Commons House although this Session of Parliament were now upon the Conclusion to have had some further satisfaction therein which Message is there Entred as followeth M r Sollicitor and M r Doctor Barkley did come from the Lords to demand if there be any Bills ready to send to their
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
no notice but by relation of his Death as her Majesty hath And her Majesty hath the more certain notice for that her self had made Sir Robert Bell Lord Chief Baron and so his place of Speaker void as some thought although some others thought that the Chief Baron may be Speaker and she had since his Death made a new Chief Baron viz. Nota That this Argument doth very solidly and fully prove that the Knights Citizens and Burgesses of the House of Commons ought not at this time to have joined with the Upper House in Petitioning the Queen for liberty to chuse a new Speaker in respect that her Majesty could not but take notice of it as well as themselves and the rather at this present because she had first made Sir Robert Bell Knight their former Speaker Chief Baron of the Exchequer by which many supposed his place of Speaker was void in the said Commons House because he was to be called by Writ as a necessary attendant of the Upper House and lastly because her Majesty had now afterwards also upon his Death made another Chief Baron in his room by all which it appeared most plainly as is before urged that her Majesty could not but know as well as themselves that the said place of Speaker was void But whether M r Fulk Onslow the now Clerk of the House of Commons did conceive these reasons in his own mind and so by communicating them unto others of the said House and finding them to concur in the same opinion did thereupon Enter them in the Journal-Book of this Parliament or whether others of the House did first conceive it themselves and utter it to him in private in the said House yet certainly it having not been openly spoken in the House as appears by his own setting of it down but privately muttered it ought to have been Entred as a private opinion and not as any part of the Journal and to have been distinguished by being written in some other different hand from that in which the rest of the Journal was set down or the like But yet notwithstanding all those foresaid reasons already set down it was at last agreed by the greater number of the few Voices that the said Precedent should be followed which had before passed in the eighth year of her Highness Reign And accordingly were appointed the said M r Treasurer and Sir James Crofts Knight Comptroller of her Majesties most honourable Houshold and Thomas Wilson Esquire one of her Highnesses Principal Secretaries with a convenient number of others of the House to go to the Upper House to make Petition to the Lords for their Mediation to her Majesty for Licence to chuse a Speaker the place being void first by the making of the said Sir Robert Bell to be Lord Chief Baron of the Exchequer and lastly by his Death which Message being by the said persons executed accordingly and they brought Answer again to the House from the Lords that their Lordships had appointed all the Lords of the Privy-Council with the Marquess of Winchester the Earl of Arundell and the Bishop of London to make that Suit to her Majesty and required to have four of this House being of her Majesties Privy-Council to join therein with them according to the said Precedent whereupon forasmuch as it appeared to this House that the Lords in appointing their number had varied from the said Precedent it was moved that likewise the number appointed by this House might also be altered that in precedent it might remain a thing Arbitratory to the House and that so five of this House being of the Privy-Council should be added to the Lords and the rather because it was then affirmed of some that the cause why only four of the Council being of this House were appointed in the said eighth year was for that the Lords number was then but four and for that also there were at that time but four of the Council in this House The now Lord Treasurer then being the one only Principal Secretary to her Majesty but at last the said Precedent was precisely urged and followed and the said M r Treasurer M r Comptroller and Sir Francis Walsingham Knight one of her Majesties two Principal Secretaries and Sir Walter Mildmay Knight Chancellor of her Highness Court of Exchequer were appointed by this House to join with the said Lords in the said Suit to her Majesty and Order was then also given that this House should also daily assemble to continue the Session and attend the Answer of her Highnesses Pleasure therein On Tuesday the 17 th day of January some number of this House Assembled this day to attend for the causes aforesaid On Wednesday the 18 th day of January the Right Honourable the Earl of Lincoln Lord Steward of the Queens Majesties most honourable Houshold came into this House and before him divers Knights Citizens and Burgesses returned into this House did openly receive and pronounce the Oath according to the form of the Statute in that case made and provided and he did also then and there signify and declare the right Honourable M r Treasurer M r Comptroller M r Secretary Wilson and M r Chancellor of the Exchequer to be his Deputies during this Session of Parliament that before them or any of them all such persons as should during this Session be returned to be of this House might openly receive and pronounce the said Oath accordingly which Deputation they did then execute This matter of the Lord Stewards Ministring the Oath of Supremacy unto such Members of the House of Commons as were newly Elected and returned to this new Session of Parliament being thus transcribed out of the Original Journal-Book of the House of Commons now follows the whole manner of the proceeding of her Majesty in giving Authority by her Commission under the Great Seal unto the House of Commons to Elect a new Speaker and of their receiving the said Authority out of the Original Journal-Book of the House of Lords in respect that the same is but shortly and imperfectly set down in the Original Journal-Book of the said House of Commons This foresaid Wednesday Morning the Knights Citizens and Burgesses of the House of Commons being mindful of the great business of the Election of a new Speaker which they had treated of on Monday foregoing being the 16 th day of this instant January repaired to the Upper House commonly called the Parliament Chamber where being Assembled with the Lords those noble Personages and others who had been appointed to repair unto the Queen on Monday foregoing signified her Majesties Pleasure unto all the Lords and Commons there present concerning the Choice of a new Speaker by the Members of the House of Commons And thereupon the Lord Chancellor shewed forth a Commission under the Broad Seal of England which he Commanded the Clerk openly to read the the tenor whereof was as followeth ELizabeth c. To our Right Trusty and
Kirle of the Middle-Temple Gent. sitting in this House who being none of this House and further Examined confessed upon his Knees that he had sitten here this present day by the space of half an hour at the least craving pardon and alledging that he knew not the Orders of this House and was thereupon committed to the Serjeants Custody till further Order should be taken with him by this House M r Speaker coming to the House after eleven of the Clock read the usual Prayer omitting the Litany for the shortness of time and declared unto the House that the time was then so far spent as leisure could not then well serve them to proceed unto the reading of any Bill and therefore willed all the House then present to meet there again on the Morrow at eight of the Clock in the Forenoon And also that every one of the House which were then present should give notice thereof unto all such of the residue of this House then absent as they could in the mean time happen to see or meet with to the end that all they might likewise attend in this House at the time aforesaid accordingly On Tuesday the 24 th day of January Three Bills of no great moment had each of them one reading of which the last being the Bill that Actions upon the Case shall be brought in proper Counties was read the first time M r Speaker declared himself for his own part to be very sorry for the error that happened here in this House upon Saturday last in resolving to have a publick Fast and sheweth her Majesties great misliking of the proceeding of this House therein declaring it to fall out in such sort as he before did fear it would do and advising the House to a Submission in that behalf further moved them to bestow their time and endeavour hereafter during this Session in matters proper and pertinent for this House to deal in and to omit all superfluous and unnecessary Motions and Arguments with all due regard and consideration to the Order of the House M r Vice-Chamberlain declaring a Message from her Majesty to this whole House by her Highness Commandment shewed unto them her great admiration of the rashness of this House in committing such an apparent contempt against her Majesties express Commandment very lately before delivered unto the whole House by the Lord Chancellor in her Highness name as to attempt and put in Execution such an innovation as the same Fast without her Majesties Privity and Pleasure first known blaming first the whole House and then M r Speaker and declaring her Majesties Protestation for the allowing of Fasting and Prayer with the use and exercise thereof in her own Person but reproving the undutiful proceeding of this House as against the duty of Subjects did nevertheless very eloquently and amply set forth her Majesties most honourable and good acceptation of the Zeal Duty and Fidelity of this whole House towards Religion the Safety of her Highness Person and the State of this Common-wealth in respect whereof her Majesty hath so long continued this Parliament without Dissolution declared further to the great joy and comfort of this whole House that her Majesty nevertheless of her inestimable and Princely good Love and Disposition and of her Highness most gracious Clemency construeth the said offence and contempt to be rash unadvised and an inconsiderate Error of this House proceeding of Zeal and not of the wilful and malicious intent of this House or of any Member of the same imputing the cause thereof partly to her own lenity towards a Brother of that man which now made this Motion M r Wentworth who in the last Session was by this House for just causes reprehended and committed but by her Majesty graciously pardoned and restored again And after many excellent Discourses and Dilatations of her Highness most honourable and loving care for the advancement of Religion and the State wherein she had before signified her Prohibition to this House by the Lord Chancellor shewed that her Highness hath already deeply consulted upon those matters in all due and needful respects and prepared sit and apt courses to digest them meet and ready to be delivered unto this House from her Highness by such direction as her Majesty thinketh most convenient And so perswading this House to imploy the time about the necessary service of the Queens Majesty and of the Common-wealth with due and grave regard to the antient Orders of this House concludeth that he thinketh it very meet that this whole House or some one of this House by Warrant of the House in the name of the said House do make most humble submission unto her Majesty acknowledging the said offence and contempt and in most humble and dutiful wise to pray remission of the same at her Highness hands with full purpose hereafter to forbear committing of the like offence M r Comptroller followed him and spake to the same effect but urged and enforced the fault of the House with much more violence M r Nicholas S t Leger spake next and with a great deal of discretion and moderation extenuated the said offence of the House urging first their great affection to her Majesty the sincerity of their intention in that Motion of the Fast Then the imperfections and sins to which not only private men but publick States are also subject and therefore needed to be supported by Prayer and Humiliation And then he urged the great fault and remissness of the Bishops who suffered that most necessary Duty of Fasting and Humiliation to grow even out of use in the Church And lastly he concluded that he trusted that both her Majesty and all her Subjects would be ready to express their true repentance to God in humbling themselves in Sack-Cloth and Ashes M r S t Poole followed M r S t Leger but spake somewhat differing from him aggravating the fault of the House and urging Submission M r Chancellor of the Exchequer spake next and admonished the House of their duty which they did owe to so good and gracious a Prince as her Majesty hath expressed her self to be in all this long time of her Government and therefore urged the House to Submission M r Sackford one of the Masters of the Requests urged the same Submission but withal he thought it very sitting and could wish it that M r Vice-Chamberlain who had brought the Message from her Majesty of her displeasure might also carry the Houses Submission back again untoher Highness M r Flowerden spake next and shewed the sincerity of his intention in speaking for the Fast when it was first moved but now concluded that it was most fitting for the House to make their Submission to her Majesty M r Carleton stood up and offered to have spoken but was interrupted by M r Speaker and the House Then M r Speaker asked the Question whether M r Vice-Chamberlain should carry the Submission of the House to her Majesty
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
had each of them one reading of which the second being the Bill for the paving of Newark upon Trent in Com. Nott. was read tertiâ vice conclusa and sent to the House of Commons On Saturday the 19 th day of December to which day the Parliament had been on Thursday last continued four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the restitution in blood of the Lord Thomas Howard which it seemeth the House of Commons passed with great expedition having given it one reading yesterday morning when they sent it again up to the Lords as appeareth by the Original Journal-Book of the House of Commons de Anno isto 27 o Reginae Eliz. pag. 44 50. The Bill also for the paving of Lewes in the County of Suffex was read primâ vice Lectae sunt the Reasons and Allegations of the Lord Norris why the Bill exhibited by the Lord and Lady Dacres should not be enacted Memorandum This day the Lords as they had ordered before having heard both the Council of the Lord Dacres and Lord Norris and Samson Leonard Esquire upon offer and agreement of the parties to commit the Cause to the hearing of four of the Lords and two of the Judges the Lords thought it most convenient that they should be named by the parties themselves The Lord Dacres and Samson Leonard named William Lord Burleigh Lord Treasurer Robert Earl of Leicester Lord Steward and Sir Roger Manwood Knight Lord Chief Baron The Lord Norris named the Earl of Kent the Earl of Bedsord and Sir Gilbert Gerrard Knight Master of the Rolls And further Ordered That the Lords and Judges should end the matter between the said parties before the next Session of Parliament if they could and if they could not then to make Report thereof to the whole House And further Ordered That all the parties should have Letters directed to such Witnesses to appear before the said Lords as they thought convenient and that the said Lords should have Authority to examine all parties upon their Oaths if occasion so required Memorandum That whereas the Lords received a Bill from the House of Commons viz. for the better and more reverent observing of the Sabbath day the said Lords having passed the same with some amendments sent down the said Bill to the House of Commons who sent up the same with other amendments of theirs which because the Lords thought it not to stand with the Order of the House to pass the same Bill again with their new amendments they returned the said Bill to them again and signisied the same unto them by M r Serjeant Gawdy c. On Monday the 21 th day of December Consedentibus Proceribus Dominus Cancellarius exposirit Regiam Majestatem satis perpendere Fcstum solemne Nativitatis is Domini in proximo esse nec posse ante idem hoc Parliamentum terminari nec in longum tempus prorogari propter quas alias causas considerationes idem Cancellarius jussu suae Majestatis lectis Literis Patentibus magno Sigillo suo sigillat hoc Parliamentum in quartum diem Februarii prox sequentem adjournavit adhortatusque est omnes singulos ut tunc adsint facturi quod decuerit Earúmque autem tenor sequitur in haec verba ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina Fidei Defensor c. Reverendissimo in Christo Patri Johanni Cantuar ' Archiepiscopo totius Angliae Primati Metropolitano praedilecto fideli Consiliario suo Thomae Bromley Militi Domino Cancellario Angliae ac etiam Reverendissimo in Christi Patri Edwino Eboracen ' Archiepiscopo Angliae Primati Metropolitano necnon praedilecto fideli Consiliario suo Willielmo Domino Burleigh Domino Thesaurario Angliae ac charissimo consanguineo Edwardo Comiti Oxon ' magno Camerario Angliae ac etiam charissimis consanguineis consiliariis suis Edwardo Comiti Lincoln ' magno Admirallo suo Angliae Georgio Comiti Salop ' Comiti Mareschallo Angliae Roberto Comiti Leicester magno Seneschallo Hospitii sui necnon charissimis consanguineis suis Philippo Comiti Arundel Henrico Comiti Kantiae Henrico Comiti Darbiae Willielmo Comiti Wigorn ' Elwardo Comiti Rutland Georgio Comiti Cumberland Henrico Comiti Sussex ac charissimis consanguineis consiliariis suis Ambrosio Comiti Warwici Magistro Ordinationum suarum Francisco Comiti Bedford ac etiam charissimis consanguineis suis Henrico Comiti Pembroke Edwardo Comiti Hartford Anthonio Vicecomiti Mountague necnon Reverendis in Christo Patribus Johanni Episcopo London Thomae Episcopo Winton ' ac praedilectis fidelibus suis Carolo Domino Howard Domino Camerario Hospitii sui Edwardo Domino Zouch Peregrino Domino Willoughby Edwardo Domino Morley Willielmo Domino Cobham Domino Gardiano quinque Portuuni ac etiam praedilecto fideli suo Henrico Domino de Hunsdon Domino Gardiano Marchiarum Orientalium versus Scotiam Salutem Cùm nuper pro quibuselam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae Ecclesiae Anglicanae concernentibus praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii vicesimo vertio die Novembris ultimo praeterito inchoari teneri ordinaverimus à quo die idem Parliamentum nostrum tunc ibidem tentum continuatum fuerat usque in instantem vicesimum primum diem Decembris Sciatis tamen quia negotia Parliamenti nostri in eodem communicata ante Festum Natalis Domini nunc prox ' instantis terminari non possunt propter alias causas considerationes nos specialiter move ntes praedictum Parliamentum nostrum omnes causas materias inceptas non adhuc terminatas adjornand ' duximus De fidelitate igitur prudentiâ circumspectione vestris plurimùm confidentes de avisamento assensu Concilii nostri assignavinius vos Commissionarios nostros dantes vobis aliquibus sex vel pluribus vestrum tenore praesentium plenam potestatem authoritatem hoc instante die Lunae ad praesens Parliamentum nostrum ac omnia negotia materias supradict ' adhuc ut praesertur non terminata nomine nostro ad in quartum diem Februarii jam prox ' futurum usque praedictam Civitatem nostram Westmonasterii adjornand ' continuand ' ibidem tunc tenend ' prosequend ' Et ideo vobis mandamus quòd circa praemissae diligenter intendatis ac ea in forma praedicta effectualiter expleatis Damus autem universis singulis Archiepiscopis Marchionibus Comitibus Vicecomitibus Episcopis Baronibus Militibus Civibus Burgensibus ac omnibus aliis quorum interest ad dictum Parliamentum nostrum conventuris tenore praesentium firmiter in mandatis quod vobis in praemissis faciend ' agend ' exequend ' pareant obediant intendant prout decet In cujus rei testimonium has Literas nostras sicri fecimus Patentes
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
Regina ac tempore cujus contrarii memoria hominum non existit in eadem usitat approbat breve de Cap. ad satisfaciendum versus cundem Tho. Gonnell pro debito damnis praedictis in placito praedicto prosequi returnari deberet antequam aligned breve de seire facias versus manucaptores praedictos in loquela illa impetrari seu prosequi deberet licet consuetudo sorma captionis recognitionum in Curia praedict a usae suerunt in sorma praedicta viz. Si contigerit cundem Thomam Gonnel in placito praedicto convinci tunc iidem Manucaptores concesserunt quilibet corum per se concessit tam debitum praedictum quà m omnia hujusmodi damna nune custag ' quae praesato Johanni Hunt in ea parte adjudicentur de terris Catallis suis cerum 〈◊〉 it sieri ad opus praedicti Johannis Hunt 〈◊〉 si consigerit praedictum Thomam Gonnell debitum damna illa praefato Johanni Hunt minimè 〈◊〉 aut si pri onae Marescal ' Dominae Reginae coram ipsa Regina ea occasione non reddere c. Et peturt iidem Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne quod Judicium praedictum processus super 〈◊〉 praedicta de seire 〈◊〉 prosecut in Curia dict' Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habeatur Et super hoc Domini per 〈◊〉 Justiciariorum post longam maturam deliverationem uno consensu adjudicaverunt ..... quod judicium praedictum processus super brevia praedicta de scire sac ' prosecut ' in Curia dictae Dominae Reginae coram ipsa Regina revocetur adnulletur penitus pro nullis habcatur On Wednesday the 10 th day of March to which day the Parliament had been on Monday last continued Eight Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of Letters Patents made unto the Dean and Chapter of Norwich was read prima vice Six Bills also were brought up to the Lords from the House of Commons of which the first being the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read prima vice On Thursday the 11 th day of March Six Bills had each of them one reading of which the first being the last recited Bill for Surety of the Queens Royal Person c. was read secunda vice And the second being the Bill for the good Government of the City and Borough of Westminster in the County of Middlesex was read tertia vice with a Schedule and certain Amendments quae communi omnium procerum assensu conclusa dat' Doctori Barkeley Servienti Rolls in Domum Communem deferend Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon About which hour the Lords Spiritual and Temporal meeting six Bills of no great moment had each of them one reading of which the second being the Bill concerning the Lady Marchioness of Winchesters Jointure was read secunda vice commissa to the Master of the Rolls and the Lord Chief Justice of the Common-Pleas For as much as in the matter depending now in Parliament by Writ of Error brought by John Akerode Thomas Stanfeild and divers others against Richard Whalley Defendant for reversing of certain Errors supposed by the said Plaintiff to be in the said Defendants Grandfathers form of Pleading and other things in his Recovery of the Mannor of Eringden in the County of York it hath appeared to this honourable Court by the Certificate of the Lords Chief Justices the Master of the Rolls and others being by this Honourable Court appointed Committees to hear and examine the matter privately before them that the Writ of Error and the scire facias are insufficient in Law for divers Causes opened to this Court. Therefore it is Ordered by the Lords that the same Writ of Error shall abate and the Plaintiffs to pursue their further remedy as they shall thing good On Saturday the 13 th day of March to which day the Parliament had been on Thursday last continued the Bill for Provision to be made for the Surety of the Queens Majesties most Royal Person and the continuance of the Realm in Peace was read tertia vice quae communi omnium Procerum assensu conclusa with one amendment in the 44. line that is after this word left put out so as and in place thereof put in foreseeing that This amendment was made after the third reading and before the Bill was put to the question and was delivered to Doctor Barkeley and Serjeant Rodes to be carried to the Lower House with the Bill for the better observing of the Sabbath day with request for that there are whole Sentences inserted into the said Bill for the Sabbath day and the Bill would remain a very soul Record it might be fair written again Vide concerning this Bill of the Sabbath on Wednesday the third day and on Saturday the 6 th day of this instant March foregoing Two other Bills lastly of no great moment had each of them one reading of which the second being the Bill for Oxford-Haven was read tertia vice expedita Four Bills lastly were brought up to the Lords from the House of Commons of which the first was the Bill of one entire Subsidy and two Fifteenths granted by the Temporalty On Monday the 15 th day of March to which day the Parliament had been on Saturday last continued prima secunda tertia vice lecta est schedula of the amendments of the Bill against Jesuits sent from the House of Commons quae communi omnium procerum assensu conclusa est with an Addition to the said Schedule added by them of the House of Commons data Doctori Barkeley Servienti Rolles in Domum Communem deferend Six several Bills also of no great moment had each of them one reading of which the first being the Bill for Consirmation of the Subsidy of six shillings in the pound granted by the Clergy was read prima vice commissa ad ingrossandum Three Bills lastly were sent up to the Lords from the House of Commons of which the first was the Bill for the renewing continuance explanation and perfecting of divers Statutes Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon about which time the Lords Spiritual and Temporal Assembling Four Bills of no great moment had each of them one reading of which the first being the Bill for the payment and satisfaction of the Debt of William last Lord Marquess of Winchester deceased due to the Queens Majesty was read prima vice On Tuesday the 16 th day of March Seven Bills of no great moment had each of them one reading of which the first being the Bill for the
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
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
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
effect and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign c. As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit and in the Original Journal-Book of this Parliament where the presence of the Lords is noted he is always ranked in the first place as the Lord Chancellor should have been if he had been present with this Addition after the setting down of his name and place Locum tenens Cancellarii in such Order as followeth viz. Archiepiscopus Cantuarien Edmundus Anderson Miles Justiciar de Communibus Placitis Locum tenens Cancellarii Comes Sussex Comes Hartford Comes Lincoln Vice-Comes Bindon Episcopi Episcopus Winton Episcopus Sarisburien Episcopus Rofsen Episcopus Hereforden Barones Dominus Howard Admirallus Dominus Hunsdon Camerarius Dominus Morley Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Stourton Dominus Sandes Dominus Cromwell Dominus Windsor Dominus Sheffield Dominus North. Dominus S t John de Bletsoe Dominus Compton Dominus Norris Which are all the Peers the Journal-Book noteth to have been present Nota That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting partly because it was after a long Adjournment and partly because many Lords did send new Proxies So that the presence of the Lords before set down at the beginning of this Parliament on the 29 th day of October being Saturday could not serve to be any rule for the presence of those that attended at this new meeting Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be omitted on the said first day A second but less material cause why I have their names transcribed is to see the due places and precedencies of the Lords Temporal On this 15 th day of February lastly although this were neither new Parliament nor new Session but meerly a second meeting of one and the same Parliament as hath been already observed was one unusual or extraordinary Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien ' Welien ' in quibus Procuratores suos constituit Thomam Episcopum Wintonien ' Thomam Episcopum Cicestren ' Willielmum Episcopum Coventrien ' Litchfield ' The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof on which said day this Parliament began where also it is set down why those ordinary ones are for the most part omitted Other unusual Proxies returned also at this new meeting of Parliament vide on Friday the 17 th day on Sunday the 19 th day and on Saturday the 25 th day of this instant February All which I have ever caused to be set down upon the several days on which they were returned if the said day be particularly expressed and not altogether before the beginning of the Parliament as is usually observed in the Original Journal-Books of the Upper House Nota Lastly that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter the second on the same Day from Richard Bishop of Durham the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor and the fifth and last on the same day from William Bishop of S t Asaph Which with many other precedents of a like nature frequent almost in every Parliament doth plainly prove that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him by the ancient Customs and Usages of that House although the contrary hath been of late ordered upon the ..... day of ..... in the Parliaments in Anno secundo Regis Caroli Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent as is before observed by reason of sickness did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after Nota That during this intervenient time of Adjournment three unusual Proxies were delivered in unto the Clerk of the Parliament the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following viz. 17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague in quibus Procuratores suos constituit Ambrosium Comitem Warwici Robertum Comitem Leicestren 19 o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Thomam Episcopum Winton ' Johannem Episcopum Roffen ' Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien ' Johannem Episcopum London Thomam Episcopum Wintonien Nota That here a Temporal Lord constituted two Proctors and two Spiritual Lords nominated each of them three which being extraordinary and unusual Proxies are well worthy the observation Vide intrationes Literarum consimilium procurator ' die Saturni die 29 o Octobris praecedentis in fine dici die Mercurii die 15 o Februar jam instantis antea die Saturni die vicesimo quinto ejusdem Febr ' postea On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 23 d day of February the Lords met but it seems nothing was done but only the Parliament continued unto a further day the Entrance whereof in the Original Journal-Book is in manner
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
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
had done in the matter which the rest of the Committees thought not convenient first in respect they were satisfied therein by divers of their Committees and also for that they thought it prejudicial to the priviledge of the House to have the same determined by others than such as were Members thereof And though they thought very reverently of the said Lord Chancellor and Judges and thought them competent Judges in their places yet in this case they took them not for Judges in Parliament in this House And there upon required that if it were so thought good to the House Mr. Farmer and Mr. Gresham might take their Oaths and be allowed of by force of the first Writ as allowed by the censure of this House and not as allowed of by the said Lord Chancellor and Judges Which was agreed unto by the whole House and ordered to be entred accordingly This Case before set down touching the Election of the Knights for the County of Norfolk containeth in it many curious and very useful points The Case was singly this The Sheriff of Norfolk receives a Writ touching the Election of two Knights for that County but two days before the next County-day in which he is bound by Law to see it executed By reason of this shortness of time he could neither summon many Freeholders nor make due Proclamation in the County any one day before the said Election The Sheriff notwithstanding on the said County-day proceeds to the Execution of the said Writ and Mr. Farmer and Mr. Gresham are duly chosen according to all points and circumstances in such like case required there being not only a great appearance of Freeholders but divers also of the eminentest Gentlemen of the said County who after they had given their Voices to the said Election did also set their Hands and Seals to the Indenture of the same in that case usual After this a second and new Writ is delivered to the said Sheriff for a new Election to be made which is in all points executed without any the least colour of misfesance and by it Mr. Heydon and Mr. Gresham being one of the two first that had been before Elected were chosen and the Indenture of their said Election together with the Writ were delivered in unto the Clerk of the Crown together with the Writ and Indenture of the former Election After which the Lord Chancellor and the Judges meeting about it do resolve That the first Writ was well executed the first Election good and the second absolutely void and of this their resolution do give the House of Commons notice In which case these points following were resolved by the whole Body of the said House First That the said first Writ was duly executed and the Election good and the second Election absolutely void Secondly That it was a most perillous Precedent that after two Knights of a County were duly Elected any new Writ should issue out for a second Election without order of the House of Commons it self Thirdly That the discussing and adjudging of this and such like differences only belonged to the said House Fourthly That though the Lord Chancellor and Judges were competent Judges in their proper Courts yet they were not in Parliament Fifthly That it should be entred in the very Journal-Book of the House that the said first Election was approved to be good and the said Knights then chosen had been received and allowed as Members of the House not out of any respect the said House had or gave to the Resolution of the Lord Chancellor and Judges therein passed but meerly by reason of the resolution of the House it self by which the said Election had been approved Sixthly and lastly That there should no Message be sent to the Lord Chancellor not so much as to know what he had done therein because it was conceived to be a matter derogatory to the Power and Priviledge of the said House Concerning all or the most of which particulars see more upon Friday the 11 th day of this instant November ensuing Sir Christopher Hatton her Majesties Vicechamberlain presently as it seemeth after the discussing of the former Election fell upon the debating of the great Cause touching the Scottish Queen and shewed That the Committees of the Lords in the great Cause and also the Committees of this House in the same Cause had Conference together yesterday in the Afternoon and resolved upon a Petition unto her Majesty in the Name of both Houses to be exhibited as afterwards it was on Saturday the 12 th day of this instant November unto her Highnes by the Lord Chancellor in the Name of the Lords of the higher House and by Mr. Speaker in the Name of this House as the joynt Petition of both Houses for Proclamation and Execution of the Sentence of the Lords and others the late Commissions at Fotheringhay in the proceedings there against Mary called the Queen of Scots And that because the said Committees of both Houses thought the said Petition would be too long if it should comprehend the whole course and manner of the said proceedings yet they thought it necessary that in both Houses the whole course of the same proceedings should be signified and read this present day to the end each Member of both the said Houses might understand the whole matter and manner of the same course of proceedings to their full satisfactions And that then afterwards also the same uniform Petition likewise be read in both the said Houses with reservation nevertheless and liberty to both the same Houses and to every Member of the same House to shew and infer to the said Lord Chancellor for the Lords and to Mr. Speaker for this House any other reasons whatsoever besides those contained in the said Petition which they shall think meet to be remembred to her Majesty for the better furtherance of obtaining their humble Suit at her Majesties hands contained in the said Petition And shewed further That the said Committee of the Lords willed the said Committees of this House that the Lords now sitting this Forenoon in the higher House might hear from this House this Forenoon also of the liking or acceptation of this House in the said form and course of proceeding in the said Petition Which thing himself after a long time spent in the reading of part of the said Record of the said proceeding in the said Commission at Fotheringhay and foreseeing also that the finisting of the reading thereof would require so much more time as was very like could not well be done before the Lords should rise moved That one or two of this House might in the mean time of reading the residue of the said Record of the said Course of proceedings repair to their Lordships and signifie unto them the same from this House to know their Lordships pleasure for some other time for the Committees of this House to intimate unto their Lordships the good liking of this House conceived of the
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
with the Committee for Conference to the end that with better expedition upon report of the same Conference to be made to morrow to this House and then the Resolution thereupon to be signified unto the Lords and their favours prayed for joining further with this House the Cause may receive such speedy good course of further proceeding to end and execution as shall best appertain On Tuesday the 22 d day of November M r Treasurer and sundry others of the Committees returning from the Lords shew they have had Conference with their Lordships and that their Lordships wholly and only insisting upon the said Petition like as this House also doth do purpose this Afternoon to send two Lords to wit the Lord Admiral and the Lord Cobham to be Suiters for that House for access unto her Majesty for delivering their Lordships answer to the said Message and so moved likewise that Two of this House of the Privy Council or such other as this House shall appoint may also on the behalf of this House be Suiters unto her Majesty for like access in the same matter also And thereupon were named for that purpose M r Vice-Chamberlain and M r Secretary Wolley M r Vice-Chamberlain shewed further that the Lords did prepare against the time of their access to be obtained of her Majesty to be furnished with sufficient matter to answer unto any reasons happily to be objected unto them by her Highness at the time of their said answer to be made to her Majesty touching the said Message and not to propound any such at all but only by way of answer if it fall out that it please her Highness so to object and else not And so moved the like care by consideration to be also had by this House and the same reasons to be such also as near as may be as were not lately delivered unto her Majesty by M r Speaker for the avoiding of which iterations on the one side and readiness of preparation to her Highness objections if any happen on the other side he thinketh good that a Committee of this House were presently named for that purpose and that M r Speaker also be with them at their meeting whereby he may advertise them as occasion shall serve of such reasons as he had before inferred to her Majesty at the time of exhibiting the said Petition Whereupon it was ordered that all the former Committees in the great Cause with M r Doctor Lewen now added unto them do meet at two of the Clock this Afternoon in the Exchequer Chamber and that M r Speaker be then there also M r Vice-Chamberlain shewed that he cannot be with them at the Committee neither yet at this House before to Morrow at ten of the Clock at the soonest but of necessity must both attend her Majesties good pleasure for answer and also lodge at the Court all night On Wednesday the 23 d day of November M r Speaker shewed the travail of the Committees in their meeting yesterday and also their appointment then of further meeting again this Forenoon and of their conference at both times in which he said were brought very many and sound reasons touching the matter in consultation to very great depth by sundry there present delivered by some in speech and by some other in writing which as they were very many and hard to be all carried in memory and withal sundry of the most principal and effectual of them uttered by M r Sollicitor so had he entreated M r Sollicitor to take pains to abridge a summary note of the said most principal reasons which having been done so by him and also delivered to M r Speaker he offered the same to the House to be read Mr. Sollicitor taking the said Note into his hand shewed that his meaning was to make the said Note only for a Memorial unto Mr. Speaker for himself and not at all to be read to the House And because the said Note is not in any part so fully and plainly set down as by the reading thereof the House might so well conceive the effects of the said reasons as were requisite himself therefore would if it pleased them shew unto them the substance of the said Note as himself for his own opinion conceived of the said reasons And so holding the said Note in his hand and discoursing the several particularities contained in the said Note proveth by invincible reasons that neither by expectation of reformation in the disposition of the Scottish Lady if the Queens Majesty should spare her life nor yet by safer or stronger guarding of her Person nor by her promise upon word or Oath nor by the Hostages of other Princes her Allies nor by her Banishment nor by the revocation of the Bull of Pope Pius Quintus nor yet by the bonds or word of a Prince or of any or all the Princes her Allies nor by any other way or means whatsoever other than only by the speedy Execution to death of the said Scottish Queen the safety or continuance of the true Religion of the most Royal Person of the Queens Majesty and of the peaceable state of this Realm can in any wise be provided for and established And so concluding relied only upon the humble continuation of the Suit of this said House unto her Majesty in the said Petition Mr. Thomas Knyvet shewing that as Liberty was given to the Members of this House to deliver their conceits touching the matter presently in Consultation either in Speech or in Writing at their choices so he for his part offered the same in writing and prayeth the same may be read Mr. Vice-Chamberlain saith he thinketh Mr. Knyvet did mistake it for that such Notes in writing were appointed to have been offered in the Committee not in the House and shewed further That he and Mr. Secretary Wolley having according to the appointment of this House attended her Majesties pleasure for access for answer and that her Highness is well pleased that for the time of their access the same be to morrow next being Thursday betwixt one and two of the Clock in the Afternoon at the Court and for the number to be such and of such persons as this House shall think good the Speaker if they will and the Committees yea and as many else of the House also as please And shewed further That they thought good in duty to make her Majesty acquainted with the great care and travail of this House in their diligent and dutiful proceeding to the satisfaction of her Majesty in the matter of the Message delivered unto them from her Highness Which their exceeding great and especial care therein as her Majesty doth very well like of and take and accept in most gracious and loving part so did her Highness command him to signifie unto this whole House her Majesties most hearty thanks for the same reposing next under God her own safety to be greater in the dutiful love and obedience of so
faithful and loving Subjects an inestimable blessing of God unto her Majesty than in their riches abilities and forces rehearsing this Sentence fide quà m ferro tutiùs regnant Reges He also said that for matter of other affair not of this House he had cause even now very lately to be with the Lords and perceived by some of them that the Lord Chancellor also to Morrow did repair to the Court with twenty others of the Lords at the least And therefore it were very necessary also that M r Speaker also did in like sort go with these of this House And further moved that M r Speaker might be furnished with sufficient reasons to be by himself propounded unto her Majesty in the name of this House for her satisfaction in Answer to the said Message and so not to expect reasons to be objected unto him by her Highness for that he said he knew very well her Majesty looked for these reasons of satisfaction at their hands by way of propounding and not only by way of Answering Whereupon the House did then rise and this Court was Adjourned till Friday next in the Forenoon On Friday the 25 th day of November M r Grice hearing it reported as he shewed that the French Embassadour lately arrived is appointed to have access unto her Majesty to Morrow at the Court and fully perswading himself for his part that the said Embassadour cometh not for any good either to her Majesty or to the Realm and knowing that their manner is in such Cases to be attended for the most part with a Company of Rascals and basest sort of People of their Nation and all the rabble of them accustomed to thrust into the presence of the Prince with their Master moved That for the better safety of her Majesties most Royal Person from peril of any desperate attempt of any of the said French it would please those of this House of her Highness Privy Council to procure that the said Embassador might both be heard and also receive his answer at the hands of her Majesties Council and in no wise to have access unto her Highnesses Person M r Vice-Chamberlain shewed that at the last conference of the Committees of this House with the Lords this matter was remembred and considered of amongst them And that the Lord Chamberlain and others at the Court about her Majesty were already appointed to take order for it accordingly M r Serjeant Gawdie and M r Attorney General do bring word from the Lords That where their Lordships according to some former direction had purposed presently to have sent for this House to have attended their Lordships for Prorogation of this present Parliament their Lordships being set had sithence received Letters of her Majesty by which her Highness signified her pleasure to have the same Parliament yet continued two or three days longer for certain weighty considerations moving her Majesty thereunto whereof their Lordships commanded them to advertise this House and further to signifie unto this House that their Lordships had thereupon Adjourned the said Parliament in their House until Friday next and so then the said M r Serjeant Gawdie and M r Attorney departed Which Message being afterwards declared unto this House by M r Speaker this Court was also adjourned until Friday next in like manner On Friday the 2 d day of December upon a motion this day renewed on the behalf of the Inhabitants of the Borough of Grantham in the County of Lincolne touching a Writ brought against them by Arthur Hall Esquire whereby he demandeth wages of the said Inhabitants for his service done for them in attendance at sundry Parliaments being Elected and returned one of the Burgesses of the said Borough in the same Parliaments for as much as it is alledged that the said Arthur Hall hath been heretofore disabled by this House to be at any time afterwards a Member of this House and also that in some Sessions of the same Parliaments he hath neither been free of the Corporation of the said Borough and in some other also hath not given any attendance in Parliament at all It is ordered that the examination of the state of the Cause be committed to the Right Honourable Sir Walter Mildmay Knight one of her Majesties most Honourable Privy Council Chancellor of her Highnesses Court of Exchequer Sir Ralph Sadler Knight one other of her Majesties most Honourable Privy Council and Chancellor of her Highnesses Dutchy of Lancaster Thomas Cromwell Robart Markham and Robert Wroth Esquires to the end that after due examination thereof by them had if it shall so seem good to them they do thereupon move the Lord Chancellor on the behalf of this House to stay the granting out of any attachment or other Process against the said Inhabitants for the said Wages at the suit of the said Arthur Hall And the said Committees also to signify their proceedings therein to this House at the next sitting thereof accordingly Vide November 21. antea Mar. 22. postea M r Serjeant Gawdie and M r Attorney General do bring word from the Lords that their Lordships do desire that M r Speaker and this whole House do presently repair unto their Lordships into the Higher House Which being then signified unto the House by M r Speaker all the House thereupon repaired thither presently accordingly Prorogued to the 15 th day of February But this Parliament was not at this time Prorogued but only adjourned by the Lords Commissioners appointed upon Saturday the 29 th day of October foregoing and therefore M r Fulk Onslow at this time Clerk of the House of Commons is exceedingly mistaken in this place and M r William Onslow his Kinsman who supplied his place in the next meeting of this Parliament doth likewise erre in setting down the beginning or commencement of the said new meeting upon the foresaid 15 th day of February being Wednesday where he stileth it a Session of Parliament holden by Prorogation whereas it was neither new Parliament nor new Session but a meer new meeting of one and the same Parliament And that these were two new meetings and not two Sessions it is most plain by the very words touching the Adjournment thereof entred in the original Journal-Book of the Upper House in manner and form following viz. On Friday the second of December Commissionarii Reginae adjournaverunt praesens Parliamentum usque in decimum quintum diem Februarii prox Secondly There was not any one Act that did pass at the end of this first meeting which I conceive is an inseparable accident unto every Session of Parliament Thirdly and lastly It is very plain that this Adjournment was of the like nature and upon the like occasion with that in the last Parliament in Anno 27. Reginae Eliz. Anno Domini 1584. viz. because Christmass drawing near the Members of either House might have liberty to recede into their several Countries for the better relief of the Poor and maintenance of
Hospitality And therefore whereas these two meetings are placed in the Original Journal-Book of the House of Commons very incongruously in two distinct and several Journals as if they had been two distinct and several Sessions they are here rightly placed together and so the passages of the said second meeting do now follow in due course and order On Wednesday the 15 th day of February to which day the Parliament had been Adjourned by the Lords Commissioners aforesaid on Friday the 2 d day of December foregoing the two Houses met in their several places without any pomp or Solemnity this being as hath been before observed neither new Parliament nor new Session but a mere new meeting of either House upon the said Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Reginae Eliz. as is aforesaid The Knights Citizens and Burgesses of the House of Commons being set M r Serjeant Puckering then Speaker thereof informed the House that M r Fulk Onslow Clerk of the Parliament was so weakned by Sickness that he could not at this present exercise his place Therefore he had appointed M r William Onslow his Knisman a Member of this House here present to supply it and therefore asked their allowance which they very willingly granted The same time M r Cromwell moved the House for that at their Petition her Majesty had done Justice upon the Scottish Queen to the greater Safeguard of her Majesties Person and the whole Realm he thought it fit that her Majesty might receive from them their humble thanks which motion was well liked but at this time it proceeded no further Two Bills had each of them one reading whereof the first was touching Fines and Recoveries before the Justices of the Common Pleas and the second for limitation of time touching Writs of Error growing by fraud The same day M r Vice-Chamberlain commanded as he said by her Majesty moved the House for that this Parliament was not expected to hold at this time many of the Nobility being Lieutenants in their Countries and others principal Members of this House were absent by occasion whereof those great weighty causes for which this Parliament is called cannot have such deep consultation as is fit Therefore he thought it convenient to have an Adjournment and therefore to move the Lords of the Upper House for the liking thereof Which motion being well liked M r Vice-Chamberlain and a convenient number of the House so many as would without nomination did attend him to the Lords who upon his return from the Lords made report that they having considered of the motion found the same want and therefore yielded to an Adjournment of the Parliament until Wednesday next being the 22 d day of this instant Month of February if this House would condescend unto it Unto which Adjournment this House also yielded which consent M r Vice-Chamberlain did there presently signifie to the Lords and upon his return the House brake up On Wednesday the 22 th day of February to which day the Parliament had been last adjourned upon Wednesday the 15 th day of this instant February foregoing the House again sitting the Right Honourable Sir Christopher Hatton Knight Vice-Chamberlain to her Majesty and one of her Majesties most Honourable Privy Council used this Speech in effect to the House viz. That it was her Majesties pleasure to have dangers disclosed and to have the House know that she thanked God for the goodness of the House that she wished the Session mistaken for Meeting to be short that men of Government might go home for matter of Government hospitality and defence and to take another time for making of Laws saving such as be now of necessity The dangers which her Majesty meaneth proceed of ancient malice and are to be prepared for and God called upon for aid The principal heads of the dangers The Catholicks abroad the Pope the King of Spain the Princes of the League the Papists at home and their Ministers The principal root hereof The Council of Trent which agreed to extirp Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn manner Pope Pius Quint us sent her Excommunication against her Majesty Dr. Mourton and Mendoza a Spanish Ambassadour bestirred them a Northern Rebellion was bred the Pope and the rest practised for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the Thirteenth proceeds and sends Jesuits and Seminaries to England and Ireland and they proceed to inveagle the Subjects and disswade them from obedience Visko beginneth a Rebellion in Ireland James Fitz-Morris furthereth the Execution thereof Doctor Sanders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill her Majesty and perswaded it was meritorious Pope Sixtus the Fifth imitateth the other Popes to execute their former devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice-Chamberlain honourably termed the glorious Gospel and therefore moved them to join with the Princes of the League and to practise to win the King of Scots and to set up the Scottish Queen in England and made his reckoning of the Cantons that be Popish the Switzers the Duke of Savoy the Duke of Ferrara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will join to overthrow England and make known the effect of his labour to the Pope Invasion should have been made into England and Ireland the last year and not unlike to be attempted this year The Pope excommunicateth the King of Navar The Pope accounteth not of Popish preaching and perswasions that way but nevertheless moveth all to use the word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuits Seminaries and divers others Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers credit by using our Treasure and force to get S t Quintines but he soon made his advantage of it and regarded not our Territories in France but suffered the loss of Calice and all our Territories and after the death of Queen Mary what he could Her Majesty sought for his good will sending the Lord Mountague the Lord Cobham Sir Thomas Chamberlain Knight M r Maun and others and they were but hardly used some of them were offered great indignity and M r Mauns Son forced by strength to do a kind of Penance He comforted the Queens Enemies he giveth colour of Wars he chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with
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
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
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
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
who accordingly were admitted to their several places Two Bills also this Morning of no great moment had each of them one reading of which the first was the Bill for the better Assurance and Confirmation of the Jointure of the Lady Margaret Countess of Cumberland which was read prima vice On Thursday the first day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the first being the Bill for the Assurance of certain Lands sold to Liste Cave and others was read primâ vice On Saturday the third day of March to which day the Parliament had been continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the first being against Counterfeiting of Councellors and principal Officers hands was read primâ vice On Monday the 5 th day of March to which day the Parliament had been last continued on Saturday foregoing Three Bills of no great moment had each of them one reading of which the second being against Counterfeiting of Councellors and principal Officers hands was read secundâ vice commissa ad ingrossand 5 Martii introductae sunt literae procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh The saurarium Angliae Robertum Comitem Essex Vicecomitem Hereford ' Dominum Ferrers de Chartly Quod nota On Tuesday the 6 th day of March the Bill for the Assurance of Land sold to Lisle Cave was read tertiâ vice On Wednesday the 7 th day of March to which day the Parliament had been last continued Retornatum est breve quo Johannes Salisburien ' Episcopus praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno There was also brought up to the Lords from the House of Commons a Bill for the Naturalizing and making free of William Sidney Son of Sir Robert Sidney Knight Governor of Flushing and Dame Barbara his Wife and of Peregrine Wingfield Son and Heir of Sir John Wingfield Knight and Dame Susan Countess of Kent his Wife And this day also was one extraordinary or unusual Proxy returned from a spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which said Proxy is thus Entred in the begining of the Original Journal-Book of this Parliament 7 Martii introductae sunt literae procuratoriae Matthaei Dunelmensis Episcopi in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday the 8 th day of March to which day the Parliament had been last continued three Bills of no great moment had each of them one reading of which the first was the Bill for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason Not long after this Bill upon the second reading had been committed to ingrossing according to a certainOrder formerly made by the Lords Francis Englefield Esquire appeared before them with one of the Learned Councel who were commanded to declare why an Act for Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Knight Attainted of High Treason should not pass And upon Allegations made by the said Learned Councel the Lords Commanded that they should set them down in writing and deliver them to the Attorney General and that on Friday they should attend on the Judges and the Queens Learned Councel at Serjeants-Inn and shew such Deeds of Conveyance as they made mention of before the Lords That the said Lords upon Answer of the Judges and Learned Councel might proceed in the said Bill as it should seem best to their Lordships On Saturday the 10 th day of March to which day the Parliament had been last continued the Bill for Naturalizing and making free of William Sidney the eldest Son of Sir Robert Sidney K t c. being read primâ vice the Lords gave in Commandment to M r Attorney General to bring on Monday certain Depositions remaining in the Exchequer concerning the Cause of Sir Francis Englefield after they had first heard the Opinion of the Judges which was delivered to the Lord Chief Justice of England On Monday the 12 th day of March to which day the Parliament had been last continued two Bills of no great moment had each of them one reading of which the second being the Bill for restraining of Popish Recusants to some certain places of aboad was read tertia vice conclusa On Tuesday the 13 th day of March Two Bills of no great moment had each of them one reading of which the first being the Bill concerning the Lands of Henry Lord Abergavenny deceased was read tertiâ vice conclusa The Lords at the Bishop of Worcesters Motion condescended to a Contribution for relief of such poor Souldiers as went begging in the Streets of London viz. That every Earl should give forty shillings every Bishop thirty shillings and every Baron twenty shillings And appointed the said Bishop and Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and the Lord Willoughby of Eresby On Thursday the 15 th day of March to which day the Parliament had been last continued Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Lord Harowden was read primâ vice On Friday the 16 th day of March Two Bills of no great moment of which the first being against persons Outlawed and such as will not pay their Debts and Duties was read tertia vice conclusa And then the Lord Keeper continued the Parliament in the usual form to Monday following On Monday the 19 th day of March the Bill touching the Lord Harowden was read secunda vice commissa ad ingrossandum On Tuesday the 20 th day of March the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills were also this Forenoon sent up to the Lords from the House of Commons of which the second touching the sale of certain Mannors Lands and Tenements from Valentine Knightley Esq c. was read prima vice On Thursday the 22 th day of March Two Bills of no great moment had each of them one reading of which the second concerning the Assurance of certain Lands and Tenements to Read Stafford Esquire and Mabell his Wife and to the Heirs of the said Read was read secunda vice On Saturday the 24 th day of March the Bill touching the Lord Harowden was upon the third reading concluded Four Bills were brought up to the Lords from the House of Commons of which the second was concerning the lawful deprivation of Edmond Bonner late Bishop of London On Monday the 26 th day of March to which day the Parliament had been
it hath not been the hardness to obtain or doubt how to keep the things so obtained that only hath withheld me from these attempts My Mind was never to Invade my Neighbours or to Usurp over any I am contented to Reign over mine own and to Rule as a Just Prince Yet the King of Spain doth challenge me to be the Quarreller and the Beginner of all these Wars He doth me the greatest wrong that can be for my Conscience doth not accuse my thoughts wherein I have done him the least Injury so that I am perswaded in my Conscience if he knew what I know he would be sorry himself for the wrong he hath done me I fear not all his Threatnings his great Preparations and mighty Forces do not stir me For though he come against me with a greater Power than ever was his Invincible Navy I doubt not but God assisting me upon whom I always trust I shall be able to defeat him and overthrow him For my Cause is Just. I heard say when he attempted his last Invasion some upon the Sea-Coasts forsook their Towns and fled up higher into the Country and left all naked and exposed to his Entrance But I swear unto you By God if I knew those persons or may know of any that shall do so hereafter I will make them know and feel what it is to be so fearful in so urgent a Cause The Subsidy you give me I accept thankfully if you give me your good will with it but if the necessity of the time and your Preservations did not require it I would refuse it But let me tell you the summ is not so much but that it is needful for a Prince to have so much always lying in her Coffers for your defence in time of need and not be driven to get it when she should use it You that are Lieutenants and Gentlemen of Command in your Countries I require you to take care and special Order that the people be well Armed and in readiness upon all occasions You that be Judges and Justices of Peace I Command and straitly Charge you that you see the Law to be duly executed and that you make them living Laws when we have put life into them Thus with most gracious thanks to the House her Princely Speech ended Note That the several Interlocutory Speeches of the Speaker and the Lord Keeper immediately foregoing with the coming up of the said Speaker and the rest of the House of Commons into the Upper House are not found in the Original Journal-Book of the same House but are here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament out of which the said Speeches were written almost verbatim And I have always thought it most fitting in all those several Journals ever to refer such like Speeches and other Passages as are wholly handled and agitated in the said Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for order sake to give a short touch or remembrance of them in the Journal of the House of Commons After the before-recited Speeches were ended as aforesaid then were the Titles of all the Acts read in their due order Which manner of the Clerk of the Upper House his reading and of her Majesties Answering to the said Acts is not thus exactly set down in the Original Journal of this Parliament but is supplied out of another of the Queens time and doth alike serve in all places because the same form is still continued And first the Bill of Subsidies to which the Clerk of the Parliament standing up did read the Queens Answer in manner and form following viz. La Roigne remercie ses loyaulx subjectes accepte leur benevolence ainsi le venlt The Clerk of the Parliament having read the Queens Acceptance and thanks for the Subsidies given as aforesaid did then upon reading of the Pardon pronounce in these French words following the thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parlament assembles au nom de tous vostres autres subjects remercient tres humblement vostre Majeste prient à dieu que il vous done en sancte bonne vie longue Nota That here to the Bill of Subsidy because it is the meer gift of the Subject the Queens Consent is not required for the passing of it but as it is joined with her thankful acceptance nor to the Bill of Pardon because it is originally her free gift is other circumstance required than that the thankful acceptance thereof to the Lords and Commons be likewise expressed it being but once read in either House before it come thus at last to be expedited Now to all other Bills either private or publick the Queens express consent though in differing words is always requisite as followeth viz. The publick Acts were read to every one of which allowed by the Queen the Clerk of the Parliament read in French these words following viz. La Roigne le veult To every private Act that passeth the said Clerk of the Parliament reads the Queens words in these French words following viz. Soit fait come il est desire These two last Answers to the publick and private Acts that past are to be written by the Clerk of the Parliament at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament reads in French these words following viz. La Roigne s'advisera After which ended the Dissolution of the Parliament followed in these words viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum THE JOURNAL OF THE House of COMMONS A Journal of the daily Passages of the House of Commons in the Parliament holden at Westminster Anno 35 Reginae Eliz. Anno Domini 1592. which began there on Monday the 19 th Day of February and then and there continued until the Dissolution thereof on Tuesday the 10 th Day of April Anno Domini 1593. THIS Journal of the House of Commons is fully replenished with many Excellent Passages both touching the publick State of the Realm and also concerning Priviledges Elections Returns and such like private Affairs of the House it self So that not only the dangers of the Realm were discussed and the Ecclesiastical Government touched but also consultation was had for a seasonable and timely preparation to be made against the ambitious and proud designs of the Spanish King Neither is it unworthy the Observation that some unusual distast was occasioned from her Majesty towards some Members of the House by reason of their
She did find in her Navy all Iron Pieces but she hath furnished it with Artillery of Brass so that one of her Ships is not a Subject's but a petty King's wealth As for her own private Expences they have been little in building she hath consumed little or nothing in her pleasures As for her Apparel it is Royal and Princely beseeming her Calling but not sumptuous nor excessive The Charges of her House small yea never less in any Kings time And shortly by Gods grace she will free her Subjects from that trouble which hath come by the means of Purveyors Wherefore she trusteth that every good subject will assist her Majesty with his Purse seeing it concerns his own good and the preservation of his estate For before that any of us would lose the least member of his body we would bestow a great deal and stick for no Cost nor Charges How much more ought we in this political Body whereof not only a member but the whole is in jeopardy if we do not once hast to the preservation thereof And for these Subsidies which are granted now adays to her Majesty they are less by half than they were in King Henry the 8th's time Now although her Majesty had borrowed some Money of her Subjests besides her Subsidies yet she had truly repaid and answered every one fully He desired the matter might be put to a Committee Sir Edward Stafford spake next to the like effect but what his said Speech was is not at all set down in the aforesaid Anonymous Journal mentioned more fully at the beginning of this Journal present M r Francis Bacon spake last whose Speech was to the effect following viz. M r Speaker That which these Honourable Personages have spoken of their Experiences May it please you to give me leave likewise to deliver of my common knowledge The Cause of Assembling all Parliaments hath been hitherto for Laws or Moneys The one being the Sinews of Peace the other of War To the one I am not privy but the other I should know I did take great contentment in her Majesties Speeches the other day delivered by the Lord Keeper how that it was a thing not to be done suddenly nor at one Parliament nor scarce a whole year would suffice to purge the Statute-Book and lessen the Volume of Laws being so many in number that neither Common People can practise them nor the Lawyer sufficiently understand them Than the which nothing should tend more to the praise of her Majesty The Romans appointed ten men who were to correct and recal all former Laws and to set forth those Twelve Tables so much of all men to be commended The Athenians likewise appointed six for that purpose And Lewes the 9 th King of France did the like in reforming his Laws ..... But what should here follow is wholly omitted in that Anonymous Journal mentioned in the beginning of these Speeches out of which they are all taken yet it should seem that the main end and scope of the ensuing particulars of this Speech which are omitted were for the appointing of a select and grave Committee both to consider of the dangers of the Realm and of speedy supply and aid to be given to her Majesty And thereupon after the Conclusion of this Speech of M r Francis Bacon's the House did accordingly nominate the said Committee to deliberate and consult in what proportion they might now to relieve her Majesty with Subsidies in respect of those many and great Enemies against whose power and malice she was to provide and prepare for necessary defence and preservation of her Realms and Dominions The names of which said Committees are set down in the Original Journal-Book of the House of Commons though omitted in that other before-mentioned taken by the said Anonymus in manner and form following viz. All those of this House which are of her Majesties Privy-Council all the Members of this House which are returned Knights for the Counties Sir Walter Raleigh Sir Thomas Cecill M r George Moore Sir Henry Unton M r Wroth Sir Thomas Wilkes M r Francis Bacon M r Nathanael Bacon M r George Cary M r Beale M r Fulk Grevill M r Attorney of the Wards M r Attorney of the Dutchy Sir John Paton M r Robert Sackvill Sir Francis Hastings all the Serjeants at Law which were Members of this House Sir John Hare M r Doctor Caesar M r Doctor James M r William Haward M r Sands Sir Robert Sidney M r Fanshaw Sir Thomas West Sir John Warrington Sir Thomas Read Sir Francis Drake M r Thomas Fane M r Vincent Skinner Sir William Moor M r Fuller M r Heyle M r John Hare M r Shinne M r Christopher Blount M r Edward Lewkenor Sir William Bowes Sir John Wingfield M r Tasborough Sir Edward Stà fford M r Lawrence Fanshaw M r Nicholas Saunders M r Doctor Lewen Sir Thomas Flodd Sir Francis Gudolphin Sir Francis Vere M r Edward Dyer M r Conisby M r Boyse M r Apselie and M r Emersam should be nominated and appointed to have Conference in the said Cause and to meet for that purpose in this House to Morrow next at two of the Clock in the Afternoon On Tuesday the 27 th day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Woollen Cloaths called Vesses Rayes c. was read the first time M r Morrice Attorney of the Court of Wards moveth the House touching the hard Courses of the Bishops and Ordinaries and other Ecclesiastical Judges in their Courts used towards sundry learned and godly Ministers and Preachers of this Realm by way of Inquisition subscription and binding absolution contrary he said to the honour of God the Regality of her Majesty the Laws of this Realm and the liberty of the Subjects of the same compelling them upon their own Oaths to accuse themselves in their own private actions words and thoughts if they shall take such Oaths because they know not to what questions they shall answer till after the time they be sworn And also after such Examination proceed against them by deprivation degradation or suppression upon such their own Accusations of themselves And if they refuse to take such Oath then they commit them to Prison and there keep and detain them at their own pleasure not absolving or releasing them until they shall first have taken a Corporal Oath of their Canonical Obedience to their Ordinaries And shewing further at large the great inconvenience thereby grown unto the free Subjects of this Realm doth in the end pray a Consultation to be had therein by this House for redress of the said Enormities and offereth unto M r Speaker two Bills the one concerning the said Inquisitions subscriptions and offering of Oaths and the other concerning the Imprisonments upon their refusal to the said Oaths praying that the said latter Bill which concerneth the said Imprisonments might be read and the
tryal But it cannot be proved so ancient as the manner of tryals by accusations For in John the Adulterous Woman being brought to Christ he asked who were her Accusers And for that manner of Accusation the Lawyers themselves speak against it for one saith of it Ut libere fatear quod sentiam nunquam mihi placebat For Subscription the Statute alledged is meant but a Subscription to certain Articles in Religion and not a Subscription in this form And because it is allowed in Geneva so to allow it here that is no reason For in Geneva there be many things allowed which the party speaking would I dare say be loth to have used here As to Absolution there is no such Oath to be required therein in our Writ de Excommunicato capiendo as was said So I think the Bill very worthy and fit to be read Then Sir Robert Cecill Spake and said I am unwilling to speak yea I speak against my Will and to answer Speeches well studied and premeditated upon the sudden it is hard for me What the Bill containeth I am ignorant of and whether to allow of it or not I will suspend my opinion To say the truth the man that offered it was learned and wise and one whom I love yet a Bill to be offered and inforced in this sort being of such effect I know not how to allow of it For her Majesty had straitly forbidden to meddle in such Cases yet not forgetting the Cause she had in her Excellent wisdom cared and pretended that a redress should be had of things that are amiss To which end her Majesty before the Parliament summoned had directed her Letters to the Archbishops to certifie her Now her Highness Care for our good shall be prevented by our hasty speaking of these things before our time Sure it is not fit and her Majesty cannot but be offended at it For the Bill I protest I know it not but it seemed to contain things needful Wherefore it were fittest it should be commended to her Majesty and so recommended unto us And if I may do this Office and Service for the House I will in all dutiful Loves and Service do it But if the other course be taken I fear the things sought will be denied for the violence used in it Then M r Speaker said In favour and free love above my merits or desert you have Elected me which should bind me to do all my best Service and to be faithful toward you This Bill delivered me is long and containeth important matters of great weight and such matters as cannot be expressed in four words It hath many parts and if you put me presently to open it I cannot so readily understand it and do it as I should For indeed it is a matter far above my ordinary practice and to deliver a thing before I conceive it I could not Wherefore if it would please you to give me leave to consider of it I protest I will be faithful and keep it with all Secrecy Hereupon the House was in question whether it should be committed to the Speaker only or to the Privy-Council and him but it was holden to be against the Order of the House that any Bill should be committed before it was read Therefore upon a Motion made by M r Wroth it was agreed that M r Speaker should have it This Afternoon at two of the Clock M r Speaker was sent for to the Court where the Queen her self gave him Commandment to deliver unto the House ..... and so the matter abruptly breaks off in the said Anonymous Journal mentioned more particularly in the beginning of this present Journal out of which all these aforesaid Speeches are inserted But that which should here follow can be no more but only that her Majesty did Command him to deliver a certain Message to the House the day following which he did then perform accordingly Vt vide postea in fine diei sequentis Finally the last business of this Forenoon was the reading and committing of an ordinary Bill which is inserted out of the Original Journal-Book it self The Bill lastly that a Bar at large may be pleaded in an Ejectione firmae was upon the second reading committed unto M r Edgecombe Sir Henry Knivet and the Serjeants at Law that are Members of the House Mr. Attorney of the Wards and others who were appointed to meet upon Thursday next at two of the Clock in the Afternoon at Serjeants-Inn in Flectstreet On Wednesday the 28 th day of February the Bill for reducing of disloyal Subjects to their due Obedience was read the second time Nota That before this Bill was committed divers spake unto it which being omitted in the Original Journal-Book after the mentioning of the second reading thereof I thought good to supply the said Speeches out of that Anonymous Journal so often before-mentioned and the rather because this Bill being against Popish Recusants the said Speeches do contain matter of much weight in them Mr. Cradock after the said Bill against Recusants had been opened by Mr. Speaker upon the second reading thereof spake as followeth There is no man as I think so irreligious towards God so unloyal towards her Majesty so careless of the common Statutes but thinks the Bill to be good and the Law very necessary before it be Enacted Yet it were fit every part of it were considered of and reformed The thing to be reformed is this The words of the Act being Every person that shall receive a Recusant c. And thus the Purvey being General the good Subject may be grieved by this Law and he that shall have but a Recusant in his Custody shall be within the letter of the Law for receiving a Recusant into his House Things to be considered are first Whether it be good to deprive them of all their goods for so we shall leave them no means of living Secondly Whether the Parties that be now Recusants being reconciled if they fall into relapse and afterwards be newly reconciled again shall be enabled to take benefit of their Lands and goods for'tis hard if after their repenting they be not restored Then Mr. Philips Answering all Objections against the Bill affirmed it sufficient in all points and that neither the sence nor the letter could be prejudicial to the good Subject Only he could have wisht it were provided that the Recusant should not use this Law to his benefit by procuring Commons to be their Friends and take Leases of their own Lands answering the Queens Title Mr. Finch made this Question Whether those that came not to Church by reason of the mislike they had of the Church Government shall be in like Case as a Recusant Papist Mr. Tichburn said he could have provided that the Father should not disinherit the Son nor have power so to do for being made conformable by him that should have the bringing of him up Then Mr. Nathanael Bacon spake and said The Children
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
Sir Henry Upton spake in defence of the former proceedings of the House and shewed how it had proceeded first agreeing to a double Subsidy and four Fifteenths this being offered and the Lords thinking it seemed little and considering the present necessity the lack of payment of Subsidies and the true rating of Subsidies over that they were wont to be they desired a Conference with the Lower House giving reasons of great Importance for a greater aid and they gave us a taste of what was needful as three Subsidies at the least and upon those great Causes desired a Conference the next day This being delivered unto the House by one of the Committees sent to the Lords the House upon Consideration thought it not to stand with their Priviledge to confer with their Lordships in matter of Subsidies because it was the liberty of the House to make Offer themselves to her Majestv And in regard it stood not with the Priviledge of this House to confer with the Lords hereupon they advise upon an Answer to be made unto the Lords wherein they should give them thanks that they had vouchsafed to confer with them of this House but shewed that with the Priviledge of the House they could not have Conference with them in matter of Subsidy Further he thought the House much injured that they should be reported to be against the Subsidy and the Parties injured who speaking the last day against the Subsidy their names were given up and were noted for it to the Queen And now my Motion is that we must confer with the Lords upon the Subsidy but not in any fort to be conformed therein unto them And for that occasion past he desired that M r Speaker might be sent and report the truth of the whole matter and manner of our proceedings Sir Robert Cecill spake next and said I desire now I may be somewhat long because I must include an Answer to three Speeches Those two Honourable Persons that sit above the one of them declared the true state of the Question the other what was fit we should do But my Answer shall tend only to those Tales that followed The first was a kind of satisfaction for a former mistaking but in the same satisfaction a new mistaking was also which was by way of information casting it into the House that the Queen should seem to demand three Subsidies Now the Queen never demanded three nor one So there is a new mistaking added to the former satisfaction The second Mans Motion thus far I allow That the Counsel of this House be secretly kept and that nothing be reported in malam partem But if his meaning be that we may not impart any thing that is done here unto the Queen but that all things must be secret from her I am altogether against it This only I should desire what ought to be observed That nothing ought to be reported unto her in malam partem The third Mans Motion consisted of three points The first was News the second was History and the third and last a Motion His News was that Mens names were given up to the Queen This was News For I heard it not before The History was a large Report of the Progress of this matter His Motion was that we should confer with the Lords about a Subsidy with them but not conclude a Subsidy with them His matter seems contrary to his meaning or else is more than ever was meant for it was never desired of us by the Lords that we should confer with them about a Subsidy Sir Walter Raleigh spake next and moved that seeing the division of the House the last day grew as he conceived upon the mistaking of the question and that since some had reported unto him that had the question been propounded whether they should only yield to a Conference in general with the Lords they would not have been against it and therefore he desired M r Speaker to put it to the Question whether they should confer with the Lords generally or not without naming a Subsidy This Motion being well liked Sir Walter Raleigh was desired by the House to repeat it again that so it might be the better heard of them all And thereupon he said that touching the aforesaid question which had received a No upon Saturday last foregoing he would not make it a Question again for by the Order of the House he could not but propounded this for a new Question in these or the like words Whether the House would be pleased to have general Conference with the Lords touching the great imminent dangers of the Realm and State and the present necessary supply of Treasure to be provided speedily for the same according to the proportion of the necessity Which said Question being propounded unto the House it was assented unto accordingly by them all without any negative Voice And thereupon the former Committees appointed for Conference with their Lordships whose names see before on Thursday the first day of this Instant March were presently sent up from this House unto their Lordships to signify the resolution of this House in yielding to the said general Conference with their Lordships according to their former desire And that Sir Thomas Heneage her Majesties Vice-Chamberlain should make report thereof from this House unto their said Lordships Thus far out of the aforesaid Anonymous Journal that which followeth is inserted out of the Original Journal-Book it self Upon a Motion made by M r Serjeant Harris for the Order of this House for setting at liberty of John Legg Servant to the Earl of Northumberland who was found sitting in this House upon Saturday last and is no Member of the same and was thereupon committed to the Serjeants Ward till further Order should be taken with him by this House the Serjeant of this House is appointed to have the said John Legg here to Morrow Morning The Bill touching the true assizing of Bread had the second reading and was committed to the former Committees in the Bill concerning salted Fish and salted Herrings appointed in the beginning of this present day and to meet at the same time and place as for the said Bill touching salted Fish and salted Herrings is appointed And the Bill was delivered to M r Wroth one of the said Committees The Bill for Naturalizing of Samuel Saltingstall and others born beyond the Seas was upon the second reading committed to M r Treasurer Sir Thomas West M r Recorder of London Sir Henry Knivet and others and the Bill was delivered to Sir Thomas West 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 Vice-Chamberlain and the residue of the Committees making their return from the Lords he shewed their Lordships ready good will in accepting the offer of Conference of this House with their Lordships And their Lordships have appointed for that purpose a Committee of two and twenty of
the thing we fear for if the thing be otherwise and our necessity greater the former doings are no Rules to us And so Precedents as they are not to be rejected so they ought not to be Eternal For the poverty of our Country we have no reason to think it poor our sumptuousess in Apparel in Plate and in all things argueth our riches And our dearth of every thing amongst us sheweth plenty of Money But it is said our Countries are poor and we must respect them that sent us hither Why so we must also remember who sent for us hither This Cause is hard for there is necessity against necessity danger against danger and inward discontent against outward Forces The poor are grieved by being overcharged this must be helped by increasing our own Burthen for otherwise the weak feet will complain of too heavy a body that is to be feared If the feet knew their strength as we know their oppression they would not bear as they do But to answer them it sufficeth that the time requireth it And in a Prince power will command To satisfy them they cannot think we overcharge them when we charge our selves with them and above them But if nothing will satisfy them our doings are sufficient to bind them If the multitudes of Parliaments be remembred heretofore many Subsidies now in one Parliament cannot seem burthensome The more Laws we make the less liberty we have to our selves And now one word for my self if my Speech hath offended excuse me I will not often trouble you hereafter M r Speaker said I do not desire to be thought arrogant for the thing which I will speak shall be out of duty belonging to my place Because I see many Speeches grow upon mistaking and one Speech mistaken to cause another mistaking sic undam gignere undam and so a great deal of time lost in words hereafter I will be bold if any man mistake in the point of a Bill to tell him of it before his Speech proceed for this Question of conferring with the Lords has taken up so much time only by mistaking for 't is granted by the House to have a General Conference They that should confer had need be authorized and instructed what to confer upon for he that hath but delegatam Potestatem will think nothing Promissum that is not Commissum and 't is certain non utile est ubi nulla est curatio morbi Therefore understand what is needful to confer upon The question upon the Return of the Burgess of Southwark and for mending a Return in an Indenture were referred unto M r Speaker to inform the Lord Keeper thereof No Return can be amended in this House For the Writ and Return are in Chancery and must be amended there And in the Chancery this is the Rule if the Sirname or the proper name of a party be mistaken in the Return the Lord Keeper will not amend it for such tender consideration is had of the free Election by the Corporations as no Information shall be credited against the Return but the Lord Keeper will first make out a Writ reciting the mistaking in the former Return and then they by the same Writ shall have Authority to make a new Election Thus far out of the aforesaid Anonymous Journal On Wednesday the 7 th day of March Sir Edward Hobby moving the Cause of M r Fitzherbert his bringing up unto this House by a Writ of Habeas Corpus cum Causa from the Lord Keeper showeth That he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the Ancient Liberties and Priviledges of this House that a Serjeant at Armes be sent by Order of this House for the said M r Fitzherbert at his own Charge by reason whereof he may be brought hither to this House without peril of further being Arrested by the way and the state of this Cause to be considered of and examined when he shall be come hither Which was thereupon well liked and allowed by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time John Legg Prisoner at the Bar Servant to the Earl of Northumberland as he saith after a good Exhortation given him by M r Speaker and the Oath of Supremacy pronounced by him at the Bar is upon his humble Submission and craving of Pardon set at liberty of his Imprisonment by the Order of this House paying his Fees Vide on Saturday March the third foregoing The Bill for Confirmation of the Jointure of the Lady Margaret Countess of Cumberland had its third reading and thereupon it was moved by some that it might now pass the House and be sent up also to their Lordships but others took Exceptions thereat because the Bill had not been as yet spoken unto Whereupon because it could not now be committed after the third reading it was by the Order of the House agreed that it should be spoken unto to Morrow and afterwards pass the House or be dashed as the Case it self should require The Bill for Naturalizing of William Sidney and Peregrine Wingfield was sent up to the Lords by M r Treasurer and others M r Serjeant Snagg and M r Serjeant Fleetwood do bring the Lords two Bills the one Intituled an Act against Counterfeiting of Councellors or principal Officers hands and the other Intituled an Act to confirm the sale of the Lands of M r Raven Gentleman made unto Lisse Cave Thomas Andrewes and Edward Hisserigg Esquires towards the payment of a Debt due unto her Majesty M r Vice-Chamberlain shewed that he and the rest of the Committees for Conference with the Lords did attend their Lordships yesterday in the Afternoon at the time and place appointed according to the Commission of this House and having there received from their Lordships further Advertizement of the imminent great dangers of this Realm and State more than their Lordships had imparted unto them in the last former Conference of this House with their said Lordships before they did thereupon move their Lordships for their good favour in giving time to this House to consult upon the said dangers and the remedies for the same until to Morrow in the Afternoon Their Lordships thereupon were so pleased to do albeit they rather desired the same might have been done sooner And so reciting at large the particularities of the said Advertizement and whereof some happened since the last former Conference Moved this House to grow to some resolution of matter to be prepared ready to be offered unto their Lordships to Morrow in the Afternoon according unto the promise of himself and the residue of the said Committees of this House unto their Lordships yesterday It was in the end after sundry Speeches of divers grave Members of this House tending to divers forms of provision of Treasure some by way of
should be ill for London for the Riches and Renown of the City cometh by entertaining of Strangers and giving liberty unto them Antwerp and Venice could never have been so rich and famous but by entertaining of Strangers and by that means have gained all the intercourse of the World M r Fuller spake next against Alien Retaylors and said The Exclamations of the City are exceeding pitiful and great against these Strangers nay had not these latter quiet times in their own Countries and our troubles made many of them retire home the Citizens would have been in uproar against them The which if the Government of the City repress not they will be apt enough to it It is no Charity to have this pity on them to our own utter undoing for of them there ought none to be sworn a Denizen but he should first swear he is not worth five pound This is to be noted in these Strangers they will not converse with us they will not marry with us they will not buy any thing of our Country-men Their retailing is the cause that all things be at that price with us For they make Lawns Velvets Rashes Taffaraes Linnen-Cloth and all this they sell to us also Now whosoever maketh a thing and selleth a thing raiseth the price of it The Retailing Stranger buyeth nothing of our Country Commodities but all he layeth out he buyeth from beyond the Seas The Searchers have sometimes taken seven thousand pound of theirs at a time Sir Edward Dymock speaking for the Strangers said The Beggery of our home Retaylors comes not by the Strangers Retailing but by our home ingrossers so that if our Retaylors might be at the first hand they might sell as good cheap as the Strangers But this Bill is thrust into the House by our home Ingrossers of Policy that their beggering of our Retaylors might be imputed to the Strangers Retailing The Strangers here purchase dear And beyond the Seas it is lawful for the Strangers in the places of the best Traffick to trade in any thing In Venice any Stranger may buy sell or purchase House or Lands and dispose thereof by his Will or otherwise at his pleasure as freely as any Citizen And this may we do then in some sort The Strangers are not they that transport our Coin but it is our Merchants For it is to be seen in all the Low-Countries where her Majesty uttereth much Treasure there is not so much English Coin to be had as in the same Towns where the Merchants trade And of my own Experience I know a Town in the Low-Countries where a Contract of twenty pound was made by an English Merchant and he agreed to pay it all in English Angels M r Dalton against the Strangers said That ingrossing ought to be suffered amongst Merchants because otherwise the Commodities lying to be sold in parcels would be consumed in Expences before the Ship were discharged Therefore for Merchandise sake this is to be suffered He imputed the Beggery of the City to Strangers and said that in some one Parish there were a thousand lived by Begging M r Finch spake for the Strangers and said We ought not to be uncharitable but this must be the Rule None must so relieve Strangers as by it to begger themselves But for their riches it groweth chiefly by Parsimony and where they dwell I see not that the Nation is so much grieved at them as here in London for they contribute to all Scots and Lots as we do Though they be a Church by themselves their Example is profitable amongst us for their Children are no sooner able to go but they are taught to serve God and to flee idleness for the least of them earneth his meat by his labour Our Nation is sure more blessed for their sakes Wherefore as the Scripture saith Let us not grieve the Soul of the stranger If this Stranger be both a Merchant and a Retaylor there 's a Law against him 15 Eliz. c. 2. But as I am for the Strangers of the Church so not against any Law that should be made against such Strangers as be not of the Church but here only for Merchandize and those who have for Conscience sake only may again the fire being quenched safely return into their own Countries In 6 R. 2. An Act was made what Wares strangers should retayle and what not but what is understood by this word retailing or how far it is stretched I know not If Retayling stretch to sell that which they make here as well as that which is brought from beyond Seas this is too hard a Construction In the days of Queen Mary when our Cause was as theirs is now those Countries did allow us that liberty which now we seek to deuy them They are strangers now we may be strangers hereafter So let us do as we would be done unto Serjeant Drew said There is no reason we should be without respect to Strangers yet our Charity must be done with a feeling of our Countrymens grief And although I think it not fit that the Law should look back to have old men long inhabiting here now to become Apprentices yet that all things should be at liberty to all strangers as it is that were not convenient Wherefore I could wish there might be a Law for those that should come hereafter only and the strangers that be now might be restrained to their Retayling of some Wares especially My Motion therefore is That the House would continue the Committee of the Bill until a further day that it may receive Motion from their deliberation Thus far out of the aforesaid Anonymous Journal the residue of this days passages that follow and part of the next are transcribed out of the Original Journal-Book it self After the aforesaid Speeches and Arguments the said Bill against Aliens selling by Retail was upon the question recommitted unto the former Committees who had been appointed on Tuesday the 6 th day of this Instant March foregoing to meet again about the same Bill in the Afternoon of this present day and the Bill was also delivered to M r Dalton one of the same Committees Sir William Bevel Knight one of the Knights returned for the County of Cornwal in respect of his Wises extream sickness is by M r Speaker licensed to depart Thomas Maylard one of the Burgesses for Hertford is for his necessary business at the Assizes licensed by M r Speaker to depart On Thursday the 22 d day of March the Bill for the Grant of three intire Subsidies and six Fifteenths and Tenths was read the third time and passed upon the question Nota That this Bill of the Subsidy in respect of the greatness of the sum passed the House of Commons with very great difficulty as may appear by those several days upon which it was agitated 〈◊〉 on Monday the 25 th day of February and on Friday the second day Saturday the third day Tuesday the 6 th day Wednesday the
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
Arthur Hatch for which purpose a Bill was ready drawn and brought by M r Attorney General containing a form of composition betwixt them to be ratified if it shall be thought good by Parliament Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in postmeridianum tempus hodierni diei horâ tertiâ at which time the Bill only for the grant of three Subsidies and six Fifteenths and Tenths was read secundâ vice On Friday the 16 th day of December Two Bills had each of them one reading of which the first being the Bill for the grant of three Subsidies and six Fifteenths and Tenths was read tertiâ vice expedit Five Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others of which the first being the Bill touching the School at Seavenoake was returned from the House of Commons with their allowance thereof The Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton in the County of Devon for certain years reserving the usual rent was read prima vice On Saturday the 17 th day of December Eight Bills of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton c. was read secundâ vice and referr'd to the same Committees that were formerly appointed on Monday the 12 th day of this instant December foregoing and the Earl of Worcester and Bishop of London were added to them Two Bills were brought up to the Lords from the House of Commons of which the first was the Bill for encrease of people for the service and defence of the Realm The Bill Intituled An Act for the enabling of Edmund Mollineux Esq for the payment of his Debts and Legacies was returned into the House by the Earl of Shrewsbury the first of the Committees who said the Committees had heard the Councel Learned on both parts as well on the part of M r Mollineux as against him and finding some matter of difficulty in the Bill the Councel desired to be heard openly in the House On Monday the 19 th day of December to which day the Parliament had been last continued the Bill for confirmation of the Subsidy granted by the Clergy was read tertia vice and sent to the House of Commons by M r Attorney and D r Stanhop Certain Amendments were offered to the House by the Committees upon the second Bill concerning Arthur Hatch her Majesties Ward c. And the same Amendments were twice read Whereupon both the Bill and the said Amendments were commanded forthwith to be ingrossed which was accordingly done and presently read the third time and sent to the House of Commons by M r Attorney and M r D r Stanhop Vide concerning this matter on Thursday the 15 th day of this instant December foregoing The Committees upon the Bill Intituled An Act for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggars and An Act for the relief of the Poor returned the same to the House with some Amendments which were presently twice read and commanded to be ingrossed The Amendments in the Bill concerning Labourers formerly ingrossed in Parchment at which exception was taken by the House of Commons and for that cause returned without their allowance because the Amendments were ingrossed in Parchment which according to the Custom and use of the House should have been Paper and thereupon the Lords now commanded them to be written in Paper Four Bills were brought up to the Lords from the House of Commons by Sir William Knolles and others of which the first was the Bill for the confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign returned into the Upper House with some Amendments which said Amendments were thrice read And the second being for the establishment of the Bishoprick of Norwich and the Possessions of the same against a certain pretended concealed title made thereunto was read prima vice Vide concerning this matter on Thursday the 12 th day Saturday the 14 th day on Monday the 16 th day and on Thursday the 17 th day of January next ensuing Two Bills also of no great moment had each of them one reading of which the first being the Bill for the encrease of people for the service and defence of the Realm was read primâ vice On Tuesday the 20 th day of December Two Bills had each of them one reading of which the first being the Bill for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggars was read tertiâ vice The Amendments of the Bill concerning Labourers was presented to the House written in paper Vide concerning this Bill on the day immediately foregoing The three Bills aforesaid were sent down to the House of Commons for their consideration of the several Amendments and Provisoes added unto them by M r Attorney General and M r D r Stanhop Two Bills of no great moment were sent up to the Lords from the House of Commons of which the last concerning Labourers was returned with the allowance of the Amendments The Bill lastly for the encrease of people for the service and defence of the Realm was read secundâ vice and committed unto the Archbishop of Canterbury and others and the two Lords Chief Justices the Lord Chief Baron and Mr. Attorney General to attend their Lordships who were appointed to meet at the great Council Chamber at the Court at Whitehall on Wednesday the 11 th day of January next following at two of the Clock in the Afternoon Dominus Custos magni Sigilli ex mandato Dominae Reginae adjornavit praesens Parliamentum usque in 11. diem Januarii proae ' sequentem horâ octavâ Nota That this Adjournment although but for the space of twenty one days was by her Majesties Commandment being personally present as may be directly gathered out of those words ex mandato Dominae Reginae notwithstanding the word praesentis be omitted here as in divers other places also of these Journals of the Queens time upon the like occasion for otherwise if her said Majesty had not been personally present in the Upper House this Adjournment ought to have been by Commission under the Great Seal as a like Adjournment had been from Monday the 21 th day of December unto Thursday the 4 th day of February then next ensuing in the Parliament in Anno 27 Reginae Eliz. Anno Domini 1584. Nota also That at the end of this Adjournment the two Houses met in their several places without any pomp or state and also fell to the reading of such Bills and perfecting of such ordinary businesses as they had left unperfected at the time of the aforesaid Adjournment Which said new meeting of the Lords in the Upper House is Entred as followeth in the
Journal-Book of the Upper House viz. Die Mercurii viz. undecimo die Januarii to which day the Parliament had been last Adjourned on Tuesday the 20 th day of December foregoing Domini tam Spirituales quà m Temporales quorum nomina subsequuntur praesentes fuerunt Archiepiscopus Cantuarien ' Thomas Egerton Miles Custos magni Sigilli Dominus Burleigh Dominus Thesaurar Angliae Comites Comes Essex Magnus Marescallus Angliae Comes Nottingham Magnus Seneschallus Comes Northumbr ' Comes Salopiae Comes Darbiae Vice-Comes Bindon Episcopi Episcopus London Episcopus Roffen ' Episcopus Peterburgen ' Episcopus Bathon ' Wellen ' Episcopus Landaven ' Episcopus Cestren ' Episcopus Cicestren ' Barones Dominus Hunsdon Camerarius Dominus Zouch Dominus La Ware Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Scroope Dominus Stourton Dominus Sandes Dominus Wharton Dominus Rich. Dominus Darcy de Chich. Dominus North. Dominus Buckhurst Dominus Compton Nota That though I do usually observe in all these Journals never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting in respect that the presence of the Lords before set down at the beginning of this Parliament on Monday the 24 th day of October being much greater than that of this day could not serve to be any rule for the presence of those that attended at this new meeting which is for the most part the chiefest reason why the presence of the Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be 〈◊〉 〈◊〉 the said day A second but less material cause why I have their names transcribed is to see the due places and precedences of the Lords Temporal This Wednesday as soon as the Lords were set it should seem that the Earl of Essex having been created Earl Marshall the 28 th day of December last before this instant took his place according to his said Office viz. next after the Earl of Oxon Chamberlain of England and before the Earl of Nottingham Lord Steward and Lord Admiral The said Earl Marshal having taken his 〈◊〉 as aforesaid was added to the Committees in the Bill intituled An Act for encrease of people for the service and defence of the Realm who were appointed on Tuesday the 20 th day of December foregoing His Lordship also was added to the Committees upon the Bill for the relief of the Poor in times of extream dearth who were appointed to meet at the great Council Chamber at Whitehall upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Committees upon the Bill concerning Broakers and Pawntakers were appointed to meet at the great Council Chamber c. upon Friday the 13 th day of this instant January following by two of the Clock in the Afternoon The Bill for maintenance of Husbandry and Tillage was read secunda vice and referred to the same Committees which are for the Bill for encrease of people c. who were appointed to meet at the great Council Chamber c. on Tuesday the 20 th day of December foregoing and to meet at the same time and place Three Bills had each of them one reading of which the first being the Bill for recovery of three hundred thousand Acres of waste Marish and watery grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read secundâ vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Earl of Nottingham Lord Admiral the Bishop of Peterborough the Bishop of Bath and Wells the Bishop of Norwich and the Bishop of Chichester the Lord Hunsdon Lord Chamberlain the Lord De la Ware the Lord Cobham the Lord Rich the Lord Darcie of Chich the Lord North and the Lord Buckhurst and M r Justice Gaudie and M r Serjeant Drew to attend their Lordships All which were appointed to meet at the little Chamber near the Chamber of Parliament presence on Saturday the 14 th day of January following in the Morning before the House sit On Thursday the 12 th day of January the Bill entitled An Act for encrease of People for the service and defence of the Realm was returned unto the House by the Committees who were appointed on Tuesday the 20 th day of December foregoing and a Motion was made by the Lord Arch-Bishop of Canterbury the first of the Committees that a Conference might be had with a competent number of chosen persons of the House of Commons for the better perfecting of the Bill Whereupon M r Attorney and M r Doctor Stanhop were addressed to the House of Commons with a Message to that effect and the time and place of meeting desired to be at the great Council Chamber at the Court at Whitehall to Morrow being the 13 th day of this instant January ensuing by two of the Clock in the Afternoon Certain Select Committees who were chosen by the House of Commons concerning the said Bill for increase of People c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill and desired in the mean time to have delivered unto them in writing such Objections as their Lordships do make unto the said Bill to the end they might be the more ready to deliver their Opinions and resolutions at the said meeting The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing And therefore agreed that answer should be made that if upon verbal Conference they should remain unsatisfied touching the said Objections then they should have the same delivered unto them in writing for their further consideration thereof Which answer was presently notified to the said select Committees And in the mean season the Judges were required to set down the said Objections in writing that it might be in readiness for the said Committees of the House of Commons if upon the verbal Conference they should not be satisfied Vide concerning this matter on Saturday the 14 th day of this instant January following Three Bills of no great moment had each of them one reading of which the last being the Bill for the making of Bayes in the Counties of Essex and Suffolk was read secundà vice and committed unto the Lord Treasurer the Earl of Essex Lord Marshal the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Rich the Lord North and the Lord Buckhurst and the Lord Chief Baron and M r Attorney General to attend their Lordships Vide concerning this Attendance of the Judges on Monday the 7 th day of November
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
only commit a great error in omitting to read some one Bill or other according to the usual Custom but was also much mistaken in informing the House that it had been Adjourned and so now stood Adjourned by those words which the Lord Keeper had spoken in the Upper House for his Lordship at this time as appears plainly by the Original Journal-Book of that House did only continue the Parliament and not Adjourn it which words although spoken by the Queens Commandment being personally present do only concern the said Upper House and reach not at all unto the House of Commons as was directly declared by the Lord Keeper himself in the next Parliament ensuing in An. 43 Regin Eliz. after that M r John Crooke M r Recorder of London their Speaker upon his allowance in and return from the said Upper House on Friday the 30 th day of October in An. eodem had by a like mistake misinformed the House that it was Adjourned and so caused it to rise without the reading of any Bill And therefore here once for all I have caused the true differences as I conceive in this kind to be here inserted viz. If the Lord Keeper by the Queens Commandment being personally present had either prolonged or Adjourned the Parliament or that her Majesty with her own Mouth had pronounced the said words or had caused the same to have been done by a Commission under the Great Seal in her absence in all these Cases it had reached alike both unto the Upper House and unto the House of Commons But if the Queens Majesty had with her own Mouth continued the Parliament as she did here command the Lord Keeper to do it yet this had only concerned the Upper House so that the Lords could not have met again until the day to which the said Parliament had been continued but the said House of Commons whom the said continuance concerned not might have met each day without intermission and have agitated such businesses and have given reading to such Bills as offered themselves And lastly If the Lord Keeper or Lord Chancellor for the time being do at any time Adjourn or continue the Parliament to a further day as of course he doth one of them for longer or shorter time every day the Upper House riseth and that he doth it not by Command or Commission from the Soveraign for the time being but do it of course as is aforesaid this concerns only the Upper House and the House of Commons are neither bound to take notice of it nor to surcease any of their daily Proceedings upon it On Saturday the 5 th day of November the House met about eight of the Clock in the Morning having through a meer mistake and error of the Speaker and themselves conceived their House to have been Adjourned by the Lord Keeper the first day of the Parliament unto this present Saturday as is more largely declared in fine diei praecedentis Nota also that some part of the Passages of this present Saturday following are transcribed out of the before-recited fragmentary and imperfect Journal M r Speaker this Morning according to the usual course brought in a Prayer to be used in the House during this Parliament which was as followeth OEternal God Lord of Heaven and Earth the great and mighty Councellor We thy poor Servants Assembled before thee in this Honourable Senate humbly acknowledge our great and manifold sins and imperfections and thereby our unworthiness to receive any grace and assistance from thee Yet most merciful Father since by thy providence we are called from all parts of the Land to this famous Council of Parliament to advise of those things which concern thy Glory the good of thy Church the prosperity of our Prince and the Weal of her people we most intirely beseech thee that pardoning all our sins in the Blood of thy Son Jesus Christ it would please thee by the brightness of thy Spirit to expel darkness and vanity from our minds and partiality from our Speeches and grant unto us such wisdom and integrity of heart as becometh the Servants of Jesus Christ the Subjects of a gracious Prince and Members of this Honourable House Let not us O Lord who are met together for the publick good of the whole Land be more careless and remiss than we use to be in our own private Causes Give Grace we beseech thee that every one of us may labour to shew a good Conscience to thy Majesty a good Zeal to thy word and a loyal heart to our Prince and a Christian Love to our Country and Common-Wealth O Lord so unite and conjoin the hearts of her Excellent Majesty and this whole Assembly as they may be a threefold Cord not easily broken giving strength to such godly I aws as be already Enacted that they may be the better Executed and Enacting such as are further requisite for the bridling of the wicked and the encouragement unto the godly and well affected Subjects That so thy great blessing may be continued towards us and thy grievous Judgments turned from us And that only for Christ Jesus sake our most glorious and only Mediator and Advocate to whom with thy blessed Majesty and the Holy Ghost be given all Honour and Praise Power and Dominion from this time forth for evermore Amen M r Francis Bacon spake first after that one Bill mentioned in the Original Journal-Book of the House of Commons had been read the first time viz. the Bill against Forestallers Regrators and Ingrossers and made a Motion against Inclosures and Depopulation of Towns and Houses of Husbandry and Tillage And to this purpose he brought in as he termed it two Bills not drawn with a polished pen but with a polished heart free from affection and affectation And because former Laws are Medicines of our understanding he said that he had perused the Preambles of former Statutes and by them did see the inconveniencies of this matter being then scarce out of the shell to be now full ripened And he said that the over-flowing of the people here makes a shrinking and abate elsewhere And that these two mischiefs though they be exceeding great yet they seem the less because Qui mala cum multis patimur leviora videntur And though it may be thought ill and very prejudicial to Lords that have inclosed great grounds and pulled down even whole Towns and converted them to Sheep-Pastures yet considering the increase of people and the benefit of the Common-Wealth I doubt not but every man will deem the revival of former Moth-eaten Laws in this point a praise-worthy thing For in matters of Policy ill is not to be thought ill which bringeth forth good For Inclosure of grounds brings depopulation which brings first Idleness secondly decay of Tillage thirdly subversion of Houses and decay of Charity and charges to the Poor fourthly impoverishing the state of the Realm A Law for the taking away of such inconveniences is not to
respite any further proceeding in the said Motion for Conference till to Morrow in regard partly that another Conference is already appointed to be had this Afternoon with their Lordships at the Court by certain Committees of the House upon a former appointment M r Finch one of the Committees in the Bill for Costs in a Prohibition who were appointed on Wednesday the 11 th day of this instant January foregoing shewed the meeting and travel of the Committees with some their Amendments to the Bill and so delivered the Bill into the House which Amendments being twice read and the Bill after sundry Speeches further then also in some part altered the Bill was upon the Question Ordered to be ingrossed accordingly M r John Acton one of the Burgesses for Droitwich in the County of Worcester is for his special business licensed by Mr. Speaker to depart On Saturday the 14 th day of January Two Bills of no great moment had each of them one reading of which the second being the Bill to reform deceits and breaches of trust touching Lands given to charitable uses was upon the second reading committed unto Mr. Serjeant Harris Mr. Serjeant Lewkenor Mr. Serjeant Warberton the Knights and Burgesses for London Mr. Miles Sands Sir Robert Wroth and others and he Bill and Committees names was delivered to Mr. Serjeant Harris who with the rest was appointed to meet upon Monday next at two of the Clock in the Afternoon at Serjeants-Inn in Chancery-lane The Bill for the reviving Continuation and Explanation and perfecting of divers Statutes was upon the second reading committed unto all the Privy-Council being Members of this House Sir Walter Raleigh Sir Edward Hobby Mr. Anthony Wildman Mr. Sollicitor Mr. Francis Bacon Sir George Carey Mr. Fulk Grevill Sir Oliver Lambert Mr. Brograve Attorney of the Dutchy with divers others who were appointed to meet in the Exchequer Chamber upon Tuesday next at two of the Clock in the Afternoon Mr. Attorney General and Mr. Doctor Stanhop coming from the Lords Mr. Attorney shewed that whereas Yesterday in the Conference at the Court by the Committees of both Houses it pleased their Lordships to appoint him to deliver unto the Committees of this House such defects as their Lordships did conceive to be in the Bill lately passed in this House for the increase of people for the service and defence of the Realm which he then did so deliver accordingly at which time the same was verbally answered but only by one of the said Committees of this House and that also with protestation of no advantage to be taken thereby to the prejudice or hindrance of the Bill At which time also as it was prayed by the said Committees of this House that their Lordships would vouchsafe to set down the said pretended defects in writing and their Lordships then assented so to do so their Lordships did now send down the same in writing unto this House accordingly And so the said Mr. Attorney did deliver the same to Mr. Speaker and then departed Vide January the 24 th Tuesday poslea The Bill for Arthur Hatch her Majesties Ward for the enjoying of the Rectory and Parsonage of South-Molton in the County of Devon for certain years reserving the usual rent was read the third time and passed upon the Question Sir Walter Raleigh renewing the Motion for a Conference to be prayed with the Lords concerning their said Amendments and Provisoes in the Bill for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars for the better reconciling of the same with the Bill now begun in this House against wandring Souldiers and Mariners it was thereupon thought convenient by this House that he the said Sir Walter Raleigh accompanied with a convenient number of the Members of this House should presently repair to the Upper House to move for the said Conference accordingly Sir Walter Raleigh and the residue returning from the Lords after the Bill to prevent double payment of Debts upon Shop-Books had been read the third time and passed the House he shewed that they moved their Lordships for the said Conference on the behalf of this House and that their Lordships have thereupon appointed six of themselves to meet for that purpose with a convenient number of the Members of this House upon Monday next at eight of the Clock in the Morning in the second Chamber of the Upper House And did further shew unto this House that when he and the residue after the said Motion made unto their Lordships for the said Conference did attend their Lordships Answer and were called in to receive the same their Lordships did then deliver the said Answer unto the said Members of this House at the Bar not using any of their Lordships former and wonted courteous manner of coming down towards the said Members of this House to the Bar but all of them sitting still in their great Estates very solemnly and all covered the Lord Keeper sitting also still in like manner covered delivered the said Answer unto the said Members of this House to the great indignity of this House and contrary to all former usage of their Lordships heretofore towards the Members of this House in like Cases accustomed Whereupon their Lordships innovation being misliked of by sundry Members of this House very much and in some part debated by them for further resolution thereupon there were nominated and appointed for that purpose Mr. Comptroller Sir Walter Raleigh Mr. Grevill Sir Robert Wroth Sir Oliver Lambert Mr. Hext Mr. Chancellor of the Exchequer Sir Anthony Mildmay with many others who were appointed to meet this Afternoon at two of the Clock in Serjeants-Inn in Chancery-lane to inform themselves in the said Cause against that time of Conference accordingly Vide on January the 12 th Friday residuum istius materiae Mr. Bacon reciting in part the proceedings Yesterday in the Conference with the Lords at the Court and putting the House in mind of the Objections of the Lords delivered this day in writing by Mr. Attorney General moved for a Committee of some selected Members of this House to be nominated to confer and consider upon the said Objections for the better answering of the same to the maintenance of the Bill Whereupon some desiring that the said Objections might be read all was then further deferred till Monday next the time being now far spent and the House ready to rise On Monday the 16 th of January Two Bills had each of them one reading of which the first being the Bill for explanation and addition of an Act of Quinto Reginae for maintenance of the Navy was read the first time The 31. Objections of the Lords touching the Bill lately passed in this House and sent up to their Lordships Intituled An Act for the increase of People for the service and defence of the Realm were read to the House upon the Motion of M r Francis Bacon who after the reading of the aforesaid objections moved
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
And that the said Serjeant should also bring Robert Treswell himself at the time and place prefixed Vide concerning this matter on Tuesday the 8 th day of this instant December following Motion was made by the Lord Keeper on the behalf of the Lord Chandois signifying that his Lordship was constrained to repair into the Country for the finding of an Office which did greatly import him in his Estate and therefore desired their Lordships allowance of his absence for some few days whereunto they willingly assented Memorandum That whereas it was formerly Ordered that the Keeper of the Prison of Newgate having in his Custody William Vaughan Servant to the Earl of Shrewsbury upon Execution should bring the person of the said William Vaughan on Wednesday the second day of this instant December before the Lords Spiritual and Temporal into the Upper House of the High Court of Parliament of which Order the said Keeper having taken notice by a Serjeant at Arms did notwithstanding refuse to bring the said Prisoner into the Court and for the said refusal and contempt was the same day by Order of the Court committed to the Prison of the Fleet And Order likewise was given that such Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of the said Court It is therefore upon view and consideration of divers Precedents and Remembrances produced this day and differing from the manner of proceeding Ordered by the said Court that the Lord Keeper shall forthwith make out a Writ of priviledge of Parliament to the Sheriffs of London and Middlesex to have the body of the said Prisoner William Vaughan with the Cause of his Imprisonment before the said High Court at the Upper House to Morrow the 4 th day of this instant December by eight of the Clock in the Morning Vide December 19 th Saturday postea A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk of the Parliament was delivered to the Lord Keeper for making out of the Writ On Friday the 4 th day of December the Bill against Drunkards and Common Haunters of Alehouses and Taverns The Bill for levying of Fines with Proclamation of Lands within the City of Chester The Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight were each of them read secundâ vice But no mention made either of their Commitment or Ingrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill for the suppressing of the multitude of Alehouses and Tipling Houses was read tertiâ vice and sent to the House of Commons by M r Doctor Carew and M r Coppin Clerk of the Crown Two Bills also had each of them one reading of which the first being the Bill for the assurance of certain Lands for part of a Jointure to Lucy Countess of Bedford was read the second time and committed to the Earl of Worcester and others who were appointed to meet at the Earl of Worcesters Chamber at the Court to Morrow by two of the Clock in the Afternoon And the Bill was delivered to the said Earl of Worcester Whereas Order was taken at the last sitting of the Court of Parliament viz. 3 o die Decembris that a Writ of Priviledge of Parliament should be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of the body of William Vaughan Prisoner in Newgate together with the Cause of his Imprisonment before the said Court this present day the said Writ having been thereupon made out by the Lord Keeper and the same together with the said Prisoner William Vaughan and the Cause of his Imprisonment being returned and brought this day into the Court by the Under-Sheriff of the County of Middlesex and the said Prisoner William Vaughan having there made Declaration of the notorious frauds and practices used by William Crayford and others for the Arresting of the said Vaughan And likewise Crayford having been heard what he could say for himself in that behalf Forasmuch as it appeared unto the Lords that besides the breach of the Priviledge of the said High Court the said Crayford had fraudulently and malitiously taken out and laid upon the said Vaughan divers Writs of Execution and Outlawry of many years past and utterly without the privity and knowledge of most of the parties to whom the said Suits appertained of which parties some were avowed to have been a good while since Deceased It is therefore agreed and Ordered by the general consent of the Court That the said William Vaughan shall be forthwith discharged out of Prison and Execution and the said Sheriff shall be free from any trouble damage or molestation for his said discharge And it is likewise Ordered that for satisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ the said Vaughan shall enter into sufficient Bond to stand to such Order as shall be set down by certain of the Lords of the Parliament namely the Earl of Worcester the Earl of Pembrook the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Windsor and the Lord S t John to whom by the Court the Ordering thereof is committed And moreover it is Ordered that the said Crayford shall be returned to the Prison of the Fleet and kept Close Prisoner until further direction be given for his Enlargement And that the Keeper of Newgate lately Committed to the Fleet for not bringing the Prisoner into the Court shall be presently discharged Vide concerning this matter on Saturday the 19 th day of this instant December following On Saturday the 5 th of December the Bill for maintenance of the Navy increase of Mariners and avoiding the scarcity of Victuals was read primâ vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees in the Bill concerning Musters Souldiers c. whose names see before on Thursday the 12 th day of November foregoing that the said Committees having oftentimes met and confer'd about that Bill did find so many imperfections in the same as it could not conveniently be amended And therefore thought it meet to draw a new Bill instead thereof which he presented to the House The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland Northumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed The Bill concerning Captains Souldiers and others retained in the Queen Services in the Wars was read primâ vice One Bill was
brought up to the Lords from the House of Commons by M r Comptroller M r Secretary Cecill Sir John Fortescue M r Secretary Herbert and others which being for reformation of deceits and frauds of certain Auditors and their Clerks in making deceitful and untrue particulars was read primâ vice Upon Complaint made to the House by the Lord Archbishop of Canterbury of great disorders committed by certain Pages and others belonging to some of their Lordships or to some of the House of Commons in offering violence to divers persons and particularly to his Lordships Bargeman but especially to one George Percivall a Servant to the Lord Bishop of Peterborough who was abused and beaten as was informed by one of Sir John Harrington's Servants named ..... It was Ordered by the Court that the Committees under-named shall call the said Percivall and ..... before them upon Monday next being the 7 th day of this instant December at the Parliament Chamber and upon Examination of the matter shall inflict such punishment on the Offender as they shall find Cause And it is likewise Ordered that the Lord Keeper shall conser with the Speaker of the House of Commons for some course to be considered of and taken for reformation of like abuses hereafter Committees to examine the abuses offered by Sir John Harrington's Servant to a Servant of the Lord Bishop of Peterborough the Earl of Lincoln the Lord Bishop of London and the Lord Zouch On Monday the 7 th day of December Two Bills had each of them one reading of which the first being the Bill for the more peaceable Government of the parts of Cumberland Northumberland Westmerland the Bishoprick of Durham was read tertiâ vice and sent down to the House of Commons by Doctor Carew and M r Doctor Stanhop The Bill to avoid double payment of Debts was brought up to the Lords from the House of Commons by M r Comptroller Sir Edward Hobbie and others Four Bills also had each of them one reading of which the third being the Bill for Confirmation as well of all Grants made to the Queens Majesty and of all Resumptions made by her Highness of the Possessions of any Arch-Bishoprick or Bishoprick as of Letters Patents made by her Majesty to others was read primâ vice The Bill for Reformation of Grants made to the Queen and by Letters Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees Vide concerning this Bill on Thursday the 17 th day of this instant December following Memorandum That upon a Motion made this 7 th day of December to the House by the Lord Zouch that the Lady Fane by her Letters to Sir Anthony Mildmay had signified that she had not given her consent to the passing of the Bill concerning the enabling of Edward Nevill and Sir Henry Nevill his Son to dispose of certain Copy-hold Lands c. as was mentioned in the said Bill the said Sir Anthony Mildmay was called before their Lordships who produced the said Letter and the same was read in the House And thereupon it was Ordered that any further proceeding in the Bill should be respited until Wednesday next by ten of the Clock in the Forenoon at what time the Lady Fane might be heard what she could say against the same if she would then be present Vide concerning this business on Wednesday the 9 th day of this instant December ensuing This day Sir William Knolles Sir Edward Hobbie Knights with divers others of the House of Commons delivered a Message from the Knights and Burgesses of the said House desiring Conference with some of their Lordships about the Bill concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon delivery of which Message after the said Sir William Knolles and the rest had a little withdrawn themselves and then upon propounding of this Motion to the House the Lords had assented thereunto Answer was made by the Lord Keeper sitting in his place and the rest of the Lords also keeping their places unto the said Sir William Knolls c. that the Lords had yielded to the Conference and had appointed certain Committees under-named to meet with some select persons of the House of Commons for that purpose viz. the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouch and the Lord Cobham appointed to meet at the Outer Chamber near the Parliament Presence to Morrow the 8 th day of this instant December by eight of the Clock in the Morning Vide concerning this matter on Monday the 16 th day and on Saturday the 21 th day of November foregoing On Tuesday the 8 th day of December Six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other the Queens Services in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind whose names see before on Thursday the 12 th day of November with addition of the Lord Windsor and the said Committees to meet about the said Bill upon the first opportunity of meeting about any other Bill and the Bill was delivered to the Earl of Nottingham Lord Steward the third of the Committees Nota That here this Bill was delivered to the Earl of Nottingham being the third of the Committees of whom the Lord Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Monday the 23 th day of November foregoing a Bill being committed upon the second reading was delivered unto the Archbishop of Canterbury the first of the Committees And on Thursday the 26 th day of the same Month upon the Commitment also of a Bill in the like manner it was delivered unto the Lord Howard of Walden being the puisne Baron or last of the Committees By which it is plain that as well in the Upper House as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester in the behalf of the Earl of Shrewsbury to be annex'd unto the Bill Intituled An Act for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others Which Proviso together with the Amendments in the said Bill returned Yesterday to the House by the Committees were presently read And forasmuch as the Lords desired a speedy proceeding in this Bill they sent D r Carew and D r Stanhop to the House of Commons to move them that some meet persons of that House might join in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid And that the meeting about the same might be at the Outward Chamber near the Parliament Presence to Morrow the 9 th day
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
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
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
were each of them read secundâ vice But no mention is made either of their Commitment or engrossing the supposed cause or reason of which omissions see more at large on Monday the 23 th day of November foregoing The Paper or Scroll concerning Belgrave was this day returned from the House of Commons subscribed by the Clerk of the Star-Chamber and excuse made by them for not sending the same at the first Vide concerning this matter on Thursday the 10 th day of this instant December foregoing Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post Meridiem hujus instantis diei About which hour the Lord Keeper and divers Lords Assembling Six Bills had each of them one reading of which the third being the Bill for the Augmentation of the Jointure of Rachell Wife of Edward Nevill of Berling in the County of Kent was read secundâ vice But no mention is made either of the Commitment or engrossing of the same 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 erecting of a Harbour and Bay in the North part of Devon c. was returned to the House by the Lord Steward with one Amendment which was presently twice read The Bill prohibiting Fairs and Markets to be holden on Sunday was read secundâ vice and Committed But in respect that all the Commitments of Bills this Parliament were of one and the same nature wherein the Judges were always appointed to attend the Lords Committees and never nominated as Joint Committees with them as see more at large discussed on Saturday the 7 th day of November foregoing therefore the said Committees names are in this place as in divers others purposely omitted as being matter of no great moment yet none of the Judges were appointed to attend upon the Lords Committees in this present last above-mentioned Bill but only the Attorney General Upon Motion made by the Earl of Worcester It was Ordered by the House that William Crayford Prisoner in the Fleet should come to make his humble submission before the Lords in the said House to Morrow by nine of the Clock in the Morning Vide concerning this matter on Saturday the 19 th day of this instant December ensuing The Councel as well of the Company of Plaisterers as Painters were appointed to be heard in the House to Morrow in the Afternoon Vide touching this business on Monday the 18 th day of this instant December following On Tuesday the 15 th day of December Three Bills had each of them one reading of which the second being the Bill for the erecting and making a Harbour and Bay on the North part of Devon in the River of Severn for the Safeguard of Men and Shipping and to the publick good of the Common-Wealth was read tertiâ vice and sent down to the House of Commons for their considerations of the Amendments by D r Stanhop D r Swale and D r Hone. The Bill for the Grant of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty was read tertiâ vice expedit Nota That whereas in the Parliament which was begun and holden at Westminster in Anno 35 Regin Eliz. Anno Domini 1592. The Knights Citizens and Burgesses of the House of Commons were not drawn without much and long dispute both amongst themselves and with the Lords to yield unto the Grant of three Subsidies and six Fifteenths and Tenths being a greater Gift than had been before ever given unto her Majesty and that the same was then also assented unto in respect of the great dangers were newly threatned to her Majesty from Rome and Spain with caution and promise nevertheless that it should not be drawn into Precedent for future times Yet in the next Parliament which ensued in an 39 Regin Eliz. Anno Domini 1596. although none of the said imminent dangers which had been feared in the above-mentioned thirty fifth Year of her Majesties Reign had to that time come into any real Execution the House of Commons was notwithstanding again drawn to yield unto the same proportion of three Subsidies and six Fifteenths and Tenths to be paid also to her Majesty within a shorter time And now lastly in this present Parliament in an 43 44 Regin ejusdem Anno Domini 1601. the said House was finally drawn in respect chiefly of the troubles of Ireland where the Spaniard had set footing to present unto her Highness the extraordinary and great Gift of four Subsidies and eight Fifteenths and Tenths The Bill whereof did this present Tuesday being the 15 th day of this instant December pass the Upper House upon the third reading as it had formerly passed the House of Commons on Saturday the 5 th day of this instant Month foregoing and had been then sent up unto the Lords by M r Comptroller and others although the sending up thereof at the said time be very negligently omitted by Thomas Smith Esq Clerk of the Upper House in the Original Journal-Book of the said House From all which matters lastly compared together this one Thesis or Conclusion may be drawn That whatsoever the Subject doth once yield unto may be afterwards advanced but seldom falleth The Bill for Naturalizing certain persons born beyond the Seas was read secundâ vice The Bill for Confirmation of the Subsidy of the Clergy was read primâ secundâ tertiâ vice Memorandum That at the second and third reading of the said Subsidy the body of the Grant was omitted to be read according to the accustomed manner and only the Preface and Confirmation of the Grant were read And the Bill was sent to the House of Commons by M r Serjeant Yelverton M r Doctor Stanhop and M r Doctor Hone. Upon the humble Petition of William Crayford lately Committed to the Prison of the Fleet and upon his humble Submission and acknowledgment of his offence he was by the Order of the Court enlarged and set at liberty Vide concerning this matter on Saturday the 19 th day of this instant December following 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 being Assembled the Bill for Naturalizing of certain persons born beyond the Seas was read tertiâ vice expedit Eight Bills were brought up to the Lords from the House of Commons of which the first being the Bill for continuance of divers Statutes and for repeal of some others And the second being against the transportation of Ordnance Gun Metal Iron Oar Iron Mine and Iron Shot were each of them read primâ vice On Wednesday the 16 th day of December the Bill for re-edifying repairing and maintaining of two Bridges of the River of Eden near the City of Carlisle in Cumberland was read primâ secundâ vice
Seven Bills of no great moment had each of them one reading of which the fourth being the Bill for the continuance of divers Statutes and for repeal of some others And the fifth to redress the misimployment of Lands Goods and stock of money heretofore given to charitable uses were each of them read secundâ vice but there is 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 Eight Bills were brought up to the Lords from the House of Commons by M r Secretary Cecill Sir Walter Raleigh and others of which the first being the Bill for ending and appeasing of all Controversies matters and debates between Francis Kettlebie of the one part and Andrew Kettlebie and Jane his Wife of the other part and the second being for the recovery of many thousand Acres of Marish and other grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk were each of them read primâ vice And also the fifth being the Bill for the necessary relief of Souldiers and Mariners was read primâ vice A Message was delivered from the House of Commons by M r Comptroller and others that the said House was not satisfied concerning the Proviso added by the Lords to the Bill Intituled An Act for the better observation of certain Orders in the Exchequer and therefore desired Conference with some of their Lordships about the same The Conference was yielded unto and appointed to be this Afternoon in the Outward Chamber The Bill Entituled An Act for Reformation of deceits of certain Auditors c. being returned to the House with certain Provisoes and Amendments the Bill with the same was forthwith twice read and Ordered to be ingrossed Upon Conference with the House of Commons concerning the Bill for Confirmation of Grants made to the Queens Majesty c. It was agreed by the Committees of both Houses that certain Provisoes and Amendments should be added to the said Bill which being returned to the House were presently twice read and so commanded to be ingrossed And thereupon the Bill it self with the said Provisoes and Amendments was read the third time and sent to the House of Commons for their consideration of the same by M r Attorney General and D r Stanhop Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem instantis diei About which hour the Lord Keeper and divers other Lords Assembling Eleven Bills had each of them one reading of which the Bill for the recovery of many thousand Acres of Marish Grounds subject commonly to surrounding within the Isle of Ely c. The 6 th being for the redress of certain Abuses and Deceits used in Painting The 7 th concerning matters of Assurances among Merchants And the 8 th being the Bill for Assize of Fuel were each of them read secundâ vice Upon the meeting this Afternoon of those of the House of Commons appointed to confer with the Lords Committees in the Bill intituled An Act for the better observation of certain Orders in the Exchequer c. who were appointed on Thursday the 10 th day of this instant Decem. foregoing concerning a Proviso added by the Lords to that Bill after some debates of the Committees on both parts thereupon those of the House of Commons did signify that the said House would allow of the said Proviso so as the same might be in some certain point amended Whereupon a question grew between them Whether the said Amendment of the Proviso should be made in the Upper House upon notice given thereof by the Committees and so be sent down again or else be made in the House of Commons which doubt being reported by the Lords Committees by Order and Appointment of the House It was agreed by the common consent that the Amendments should be made in the House of Commons and sent up in Paper and to be here inserted in the body of the Proviso Which Order was by the Lords Committees signified to the Committees of the House of Commons and they thereunto assented Whereas it hath been accustomed in former Parliaments that towards the end of a Parliament a Collection should be made amongst the Lords for the Poor and it was this day moved by the Lord Archbishop of Canterbury that the like Collection might be made at this time It was upon this Motion Ordered by the House that there should be such a Collection made accordingly And that the Lord Bishop of Chester the Lord Bishop of Peterborough the Lord Zouch and the Lord Rich should be Collectors of the same and after such rates as have been usually given and bestowed by the Lords for the said Charitable purpose in former Parliaments and they to take Order for the distribution of it On Thursday the 17 th day of December the Bill for the relief of the Poor was read secundà vice It was Ordered that Edward Comber of the Middle-Temple should be presently sent for and brought before the Lords in the House for that contrary to the Priviledge of this Court he hath caused one Thomas Gerrard Gentleman to be Arrested And it was likewise Ordered that such Persons as made the Arrest or did assist the same shall likewise be sent for by the Serjeant at Armes to answer their doings therein The Bill for the necessary relief of Souldiers and Mariners was read secundâ vice 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 Mannors and Lands for part of a Joynture to Lucy Countess of Bedford was returned expedited Two Bills also had each of them one reading of which the second being the Bill for Reformation of Deceits and Frauds of certain Auditours and their Clerks in making deceitful and untrue Particulars was read tertiâ vice and sent to the House of Commons by D r Carew and D r Hone. The Bill was brought back from the House of Commons intituled An Act for confirmation of Grants made to the Queens Majesty and of Letters Patents made by her Highness to others expedit Nota That there was much dispute and some difference between the two Houses touching this Bill after that it had been sent up from the House of Commons to the Lords and sent down again from their Lordships to the House of Commons with divers Amendments as see on Thursday the 19 th day of November and on Monday the 23 th day of the same Month last past as also on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Thursday the 10 th day and Friday the 11 th day of this instant December foregoing The Bill for Confirmation of the Subsidy granted by the Clergy was returned from the House of Commons expedited The Bill concerning the Assize of Fuel
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
Clock it being dark Night rose confusedly and would sit no longer Vide concerning this matter on Saturday the 5 th of December postea Note That M r Maynard by consent of the whole House sate in the Chair as Clerk to register the Order of this Committee who wrote at the least two Sheets of Paper By consent also he was licensed to put on his Hat Thus far out of the aforesaid private Journal we now return to the Original Journal-Book it self On Monday the 9 th day of November the Bill for the strengthening of the Grants made for the maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Henry the Eighth according to a Covenant made by the said King was read the first time Two Bills also had each of them their first reading of which the second was the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inward and Outward The Bill for Reformation of certain Abuses concerning Process and Pleadings in the Court of Exchequer upon supposals without just grounds in the Office of the Treasurers Remembrancer was read the second time and committed unto all the Privy-Council being Members of this House The Queens Learned Councel Members also of this House Sir Robert Wroth Sir Edward Hobbie M r Philipps and others who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock and the Bill and Committees names was delivered unto M r Chancellor of the Exchequer one of the Committees The Committees for continuance of Statutes who were appointed on Thursday the 5 th day of this instant November foregoing were deferr'd until Thursday next in the Afternoon Thus far of this days Passages out of the Original Journal-Book of the House of Commons what follows is out of the private Journal Heyward 〈◊〉 Esq did this day prefer a Bill against the multitude of Common Sollicitors and at the same time spake as followeth May it please you M r Speaker It was well said by a Worthy Member of this House M r Francis Bacon that every man is bound to help the Common-Wealth the best he may much more is every man in his particular bound being a Member of this House if he knew any dangerous Enormity towards the Common-Wealth not only to open it but if it may be oppose it We being all here within these Walls together may be likened to a Jury close shut up in a Chamber every man there upon his Oath and every man here upon his Conscience being the Grand Jurymen of the Land bound to deal both truly and plainly Herewith though a most unworthy and least sufficient Member of this House my self being touched I had rather adventure my Credit by speaking though confusedly than to stretch my Conscience knowing so great a mischief and inconvenience unto this Kingdom by silence in so pleasing a Cause as I do perswade my self this Bill will be to every man that hears it To which M r Speaker because I may have benefit of Speech if occasion serve at the second reading thereof I will not speak more at this present but only touching the very Tract of the Bill it self The Honourable Personage that in the Upper House in the beginning of this Parliament spake against the lewd abuses of prolling Sollicitors and their great multitude who set dissension betwixt man and man like a Snake cut in pieces crawl together to join themselves again to stir up evil Spirits of Dissension He I say advised us That a Law might be made to repress them I have observed that no man in this Parliament ever offered to prefer any such Bill to this House but sure I am no man spake to this purpose I have therefore M r Speaker presumed out of my young Experience because I know part of their abuses and with that small Portion of Learning that I have to draw a Bill and here it is The title is thus An Act to repress the multitude of Common Sollicitors The body of the Act disableth all persons to sollicit any Cause other than their own There are excepted and fore-prized four several sorts Lawyers and Attornies in their own Courts where they be sworn Servants in Livery and Kinsmen within the fourth degree of Consanguinity And no man within this Kingdom but may find a fitting and convenient Sollicitor within these four Degrees And I humbly pray it being so short that the Bill may be read and received M r Secretary Cecill spake touching the Subsidy as followeth viz. When it was the good pleasure of this House to give Order to the Committees to consider the common danger of the Realm in which not only every Member of this House but every man in the Kingdom is interested it liked the Committees after their resolution to chuse one among all to give account of their proceedings and that is my self I do know it were the safest way for a mans memory to deliver the last resolution without any precedent Argument for rare is the Assembly in which there is not some variety of opinions I need not recite the form the Committee by reason of so good attendance being little inferiour to our Assembly at this present Yet if it be true that forma doth dare Essentiam it will be somewhat necessary for me to deliver the manner of our proceedings and the circumstances rather than hazard the interpretation of such a resolution The day was Saturday last the place this House the time about four hours and I am of opinion if we had all agreed upon the manner as we did speedily upon the matter all had been dispatcht in an hour It seemed by the ready consent of the Committees that they came not to look on one another or like Sheep one to accompany another but the matter was well declared by some and at length consented unto by all Our contention bred difference and difference cause of Argument both how to ease the State and make this Subsidy less burthensom which shall be received Some were of opinion that the three pound men should be spared because it was to be considered they had but small Portions Others were of opinion that the four pound men should give double and the rest upwards should be higher Sessed Others were of other Opinions Again it was moved whether this Subsidy should go in the name of a Benevolence or Contribution or whether in the name of a fourth Subsidy but at length most Voices resolved it should have the old name of a Subsidy because Subsidium and Auxilium are all one The most Voices concluded that there should be no exception of the three pound men because according to their rate some were Sessed under value besides separation might breed emulation suspition of partiality and confusion The time was resolved upon And in respect of expedition to be by the first of February And the whole Realm when each
Fretchvill the Knights for Norfolk M r John Hare and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon Sir Francis Hastings offered a new Bill touching resorting to the Church on Sunday and prayed the acceptance thereof and the reading The Bill for the more diligent resorting to the Church on Sunday had its first reading Thus far of the Passages of this day out of the Original Journal-Book of the House of Commons the residue is out of the private Journal The Speaker stood up and wisht the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and M r Pemerton with Subpoena's and shewed that they were ready at the Door to attend M r Tate said I will be bold to offer two Precedents to this House touching serving of Subpoena's yet first let us enter into consideration of the force of the Priviledges we now have It is manifest and I think no man doubteth but that heretofore the Houses of Parliament were both one without division and that the United Body of the Parliament had the same Priviledges and Jurisdictions which we now have And though there be Session or separation of the United Body yet the Priviledges do remain still entire For by most antient Records of this Realm it may plainly appear that the same Priviledges serve both Houses The first Precedent is in King Edward the first his dayes when the Templers had certain Tenants of the Parliament House which were behind with their Rents and they made humble Petition to the King that they might either distrain their Bodies or Goods for the same The King as it appeareth Answered Non videtur honestum quòd aliquis de Magno Parliamento nostro distringatur So that it seems we are Priviledged from all kind of distress whatsoever The second is one Pogo de Clare who did presume to serve a Citation upon Edmond Earl of Cornwall within Westminster-Hall as he was going to the Parliament House for which he was sent to the Tower and made to submit himself de alto basso and a Fine of twenty thousand Marks imposed upon him which he truly paid Besides because Westminster-Hall was within the Precinct Liberties of the Abbot of Westminster he was Fined a thousand pound for that contempt But by Mediation of the Bishop it was remitted to a hundred pound which he also truly paid to the Abbot And our use at this day is not warranted by antient course of Precedents for if a man had been Arrested upon a Subpoena upon notice given he should have had a Writ of Priviledge which of course her Majesty must have allowed Then he made a long Speech upon Trewinnard and Skewish's Case 35 Hen. 8. Dyer fol. 55. Pl. 8. 36 H. 8. 59. Pl. 17 c. See the Book at large M r Bretten shewed that a Member of this House M r Philips the Lawyer was served with a Privy-Seal out of the Court of Wards by one Thomas Deane Servant to one M rs Chamberlain a Widow who when he delivered the Process being told it would be taken in evil part by the House said he cared not and that the House would punish him for it and bring him on his Knees he Answered his Mistress would 〈◊〉 him out and she made no doubt but she should find as good Friends there as he had Whereupon the House willed that she and her Servant should be sent for by the Serjeant M r Holcrost shewed the House that many Complaints were made but none punished many sent for but none appeared There was a matter Complained of by one M r Morrice a Gentleman that had his Man Arrested at his Heels by the Sheriffs of Shrewsbury and nothing was done therein M r Morrice said that after the House had given Order to the Serjeant to go he came said he unto me to certifie him of the Parties and of the particulars And what he hath since done therein I know not M r Roger Owen said May it please you M r Speaker my self being chosen for the Shire think it my part to speak something seeing the Burgesses for the Town neglect their duties in not speaking True it is that such Order was given from the House but the Gentleman M r Morrice and some others being willing to let me have the Examination of the matter came before me and upon Examination a wise Examination no doubt quoth M r Secretary I sound that he was no menial Servant but only a Servant that brought him part of the way and was to go no further with him towards the Parliament Whereupon I think the Serjeant having so much notice stayed M r Browne of Grayes-Inn said M r Speaker it seemeth this matter is shufled up I humbly pray the Serjeant may be heard And all the House cryed I I. After three Congies made the Serjeant shewed that he was with M r Morrice and that he offered him to send one of his men but because he was in doubt of finding them he desired some part of his Fees or money for his charges or Horses or else he would find Horses or get one of his fellow Serjeants to go because he could not well be spared from this Service if not he would for his more Expedition procure a Pursevant to go with a Warrant under M r Speaker's hand and some of the Honourable of the Councel in this House for the more speedy Passage All which courses M r Morrice rejected And I hope the House meant not I should go or send on my own Purse or hazard the charge my self And therefore I hope this will be sufficient for my discharge And all the House cryed I I I. So no more was said of that matter for the Speaker seemed to favour the cause and therefore he presently stood up and asked if the House would have the Prisoners in which served Sir Edmund Morgan and M r Pemerton and by this shift the former matter was shufled up Christopher Kennell and William Mackerells were brought to the Bar the one for serving Sir Edmund Morgan with a Subpoena the other with serving Mr. Pemerton with the like Writ Christopher Kennell said M r Speaker and the rest of this Honourable House I am though poor a Gentleman born and known to many in this Assembly This perhaps may be a cause to aggravate my offence I hope there is no man that doth not know me and I am sure there is no man which doth know me but thinketh I would not willfully commit such an offence as this is I have been sometimes though unworthy a Member of this House and I have seen and known the Justice of the House in the like Cases But M r Speaker if there be either honesty or Christianity in me by the same I do protest that I knew not Sir Edmund Morgan was of this House of Parliament which I think he will avouch himself And as soon as I heard it
by two Witnesses before a Justice of the Peace And by this Statute if a Justice of Peace come into the Quarter Sessions and say it is a good Oath this is as good as an Indictment Therefore for my part away with the Bill Sir Francis Hastings said I never in my Life heard Justices of the Peace taxed before in this sort for ought I know Justices of Peace be men of Quality Honesty Experience and Justice I would ask the Gentleman that last spake but two questions the first if he would have any Penalty at all inflicted the second if in the first Statute or in this an easier way for the levying of this twelve pence If he deny the first I know his scope if the second no man but himself will deny it And to speak so in both is neither gravely religiously nor rightly spoken And therefore for God the Queen and our Countries sake I beseech a Commitment M r Carey Raleigh said The Sabbath is Ordained for four Causes First To meditate on the Omnipotency of God Secondly To Assemble us together to give thanks Thirdly That we might be the better enabled to follow our own Affairs Fourthly That we might hallow that day and sanctify the same King James the Fourth in the Year 1512. and King James the Sixth in the Year 1579 or 1597. did erect and ratify a Law that whosoever kept either Fair or Market upon the Sabbath his moveables should presently be given to the Poor Men gathering of sticks were stoned to Death because that was thought to be a kind of Prophanation of the Sabbath In France a Woman refusing to sanctify the Sabbath Fire appeared in the Air this moved her not it came the second time and devoured all that ever she had only a little Child in the Cradle excepted But to come nearer our selves in the Year 1583. the House of Paris Garden by Gods just Judgment fell down as they were at the Bear-baiting the 23 th of January on a Sunday and four hundred persons sorely crushed yet by God's Mercy only eight slain outright I would be an humble Suitor to the Honourable that sit about the Chair that this brutish Exercise may be used on some other day and not upon the Sunday which I with my heart do wish may be observed and doubt not but great reformation will come if this Bill pass To the better effecting whereof I humbly pray that if there be imperfections in it it may be committed Sir George Moore said I have read that the tongue of a man is so tyed in his mouth that it will stir and yet not so tied that it will stir still It is tied deep in the Stomach with certain strings which reach to the heart to this end I say that what the heart doth offer the tongue may utter what the heart thinks the tongue may speak This I know to be true because I find it in the word of truth Out of the abundance of the heart the mouth speaketh For the Gentleman that last spake and so much inveighed against Justices it may be it proceeds out of the corruption of his heart howsoever I mean not to search it or answer him only I turn him to Solomon and mean to answer him with silence Without going to Church doing Christian Duties we cannot be Religious and by Religion we learn both our Duty to God and to the Queen In doing our Duty to God we shall be better enabled to do our Duty to our Prince And the word bindeth us that we should give to God that which is due to God Et Caesari quae sunt Caesaris Amongst many Laws which we have we have none for constraint of Gods Service I say None though one were made in primo of this Queen because that Law is no Law which takes no force for Executio Legis vita Legis Then let us not give such cause of Comfort to our Adversaries that having drawn a Bill in Question for the service of our God we should stand so much in questioning the same Once a Month coming to Church excuseth us from danger of the Law but not from the Commandment of God who saith Thou shalt sanctifie the Sabbath day that is every Sabbath This Bill ties the Subject to so much and no more which being agreeable with the Law of God and the Rule of Policy I see no reason why we should stand so strictly in giving it a Commitment M r Bond said I wish the Sabbath sanctified according to the precise Rules of Gods Commandment but I wish that S t Augustins Rule may be observed in the manner non jubendo sed docendo magis monendo quà m minando I like not that power should be given to the Justices of Peace for who almost are not grieved at the luxuriant Authority of Justices of Peace By the Statute of 1 Edw. 3. they must be good men and lawful no maintainers of evil but moderate in Execution of Laws for Magistrates be men and men have always attending on them two Ministers Libido Iracundia men of this nature do subjugate the free born Subject Clerks can do much Children more and Wives most It is dangerous therefore to give Authority in so dangerous a thing as this is which I hold worth your second thoughts quae solent esse prudentiores Her Majesty during all the time of her Reign hath been clement gracious meek and merciful yea chusing rather delinquere I know not how to term it in Lenity and not in Cruelty But by this Statute there is a constraint to come to divine service and for neglect all must pay Plectentur Achivi the poor Commonalty whose strength and quietness is the strength and quietness of us all he only shall be punished he vexed For will any think that a Justice of Peace will contest with as good a man as himself No this Age is too wise I leave it to this House whether it stand with Policy when four Subsidies and eight Fifteenths be now granted to bring the poorer sort into greater fear by these and such like Laws Malus custos diuturnitatis metus And in the gracious Speech which her Majesty lately delivered unto us she used this that she desired to be beloved of her Subjects It was a wise Speech of a wise Prince for an Historian saith Timor excitat in vindictam Therefore M r Speaker I mislike the Bill in that point touching Justices and also touching taxation I will only say thus much with Panutius in the Nicene Council Absit quòd tam grave jugum fratribus nostris imponamus I am sorry said M r Comptroller after sorty three years under her Majesties happy government that we shall now dispute or commit a Bill of this nature And I would that any voice durst be so bold or desperate as cry Away with this Bill The old Statute gives the penalty this new only speedier means to levy it I much marvel that men will or dare accuse Justices
to do our Countries good bereave them of that good help we may justly Administer M r Speaker Qui vadit planè vadit sanè Let us lay down our griefs in the Preamble of our Bill and make it by way of Petition And I doubt not but her Majesty being truly informed of it will give her Royal Assent M r Secretary Herbert said The making of Armamentaria is a Regality belonging only to the power of the King and the Crown of England and therefore no man can either cast or transport without Licence It stood perhaps with the Policy of former times to suffer transportation but as the times alter so doth the Government And we doubt it is now very hurtful and prejudicial to the State and therefore I am of opinion that it is very fit this transportation should be stayed and I concur only with them which would have it by way of Petition and not by Bill M r William Hackwell of Lincolns-Inn said I know the Authority of the Worthy Counsellor that last spake will incline you to yield to this Objection Yet notwithstanding I beseech you suppose him to be a man of my Condition or me to be a man of his sort so I doubt not but our persons being equalized the matter will soon be decided Where he saith transportation is necessary to aid our Friends and retain their Alliance I Answer That it is the subtilty and covetousness of our Friends who finding the inestimable gain and treasure they have by Ordnance brought from us do not only desire them for gain but also to gain to themselves Confederates by which means succouring our Friends we aid our Enemies For look whatsoever we give them we deduct from our selves Now let us stop this transportation and that greatly weakens their Forces by which means they will never be able to encounter us hand to hand Our Ordnance this pretious Jewel of our Realm worth even all we have is as familiarly sold in the Countries of our Confederates as any thing within this Land but being stopt they must be fain to take supply from their Ports to their Ships from their Ships to the Field c. Sir Francis Hastings said How swiftly and sweetly her Majesty apprehends our late griefs I think there is no Subject but knoweth For us then to deal in a matter so highly touching her Prerogative we should give her Majesty just cause to deny our Proceedings by Bill I think therefore by laying open our griefs in a Petition it will move the heart of her Majesty as much being a Case of this consequence as our first Motion by M r Speaker hath done And therefore I am of Opinion there is no way but this way Sir George Moore said It is in vain to dispute of the matter when the manner is only in question and as vain to lose the matter by over-long dispute of the manner The late experience of her Majesties Love and Clemency towards us and of her Care over us striketh such an awful regard into my heart that I wholly dislike this proceeding by Bill and only do approve our former Motion by way of Petition M r Hyde said M r Speaker It is doubted by some that this Bill will not pass by reason of the sudden ending of the Parliament for that I think if we give not too much stop to private Bills this Bill would quickly pass And I see no reason but we may well proceed by Bill and not touch her Majesties Prerogative for her Majesty is not more careful and watchful of her Prerogative than the noble Princes of Famous Memory King Henry the Eighth her Father and King Edward the Sixth her Brother were Then there was no doubt or mention of the Prerogative And therefore I think our surest and soundest course is by way of Bill c. M r Comptroller said I wish we should deal in such manner as we may have our desire and that I think we shall sooner obtain in speaking unto the Queen by way of Petition than in proceeding by way of Bill and Contestation We must note that her Self and her Progenitors will not be forced And I do not hold this course by way of Bill either to stand with respect or duty M r Swale of the Middle-Temple said I would but move thus much to the House if we let slip this Law and proceed by way of Petition then is there no Law to prohibit but the Law of 33 Hen. 8. and 2 d of Edw. 6. And those Laws give so small a remedy that it is no recompence to the loss of the thing M r Serjeant Harris said It hath been thought that the former Statutes do not stretch to Ordnance made of Iron But may it please the House to commit the Bill there shall be shewed to the Committees four or five Precedents and late Judgments that Iron Guns come within this Law M r Sollicitor Flemming said The Gentleman that spake last said very true for it was lately in Matchivells Case in the Exchequer So the Bill was committed to all the Privy Council and all the Queens Learned Councel being of this House Sir Walter Raleigh the Knights and Citizens of London Sir Francis Hastings M r Grevill Sir Robert Wroth Sir Robert Mansell Sir Richard Knightley Sir George Moore and divers others who were appointed to meet in this House at two of the Clock in the Afternoon Then followed a dispute touching the Information against M r Belgrave a Member of the same M r Belgrave said Mr. Speaker Modesty forbids me to speak in my own Case that so nearly concerneth me but necessity urgeth me to appeal to this High Court True it is there was an Information exhibited against me in the Star-Chamber by an Honourable Person of the Upper House the Earl of Huntington in the name of Mr. Attorney General for a Misdemeanor committed to this High Court the substance of that Information I confess yet I am to be an humble Suitor unto this House whether an Information is to be exhibited this House sitting against any Member thereof And for my own part I do submit my self to abide such Censure as this House shall in their Wisdoms think convenient Sir George Moore said viewing the Information I find the words to be against the High Court of Parliament which is as well the Upper House as this House and therefore I wish there might be a Conference with the Lords herein Now this House is but part and a Member of the Parliament and therefore we solely cannot proceed Mr. Serjeant Harris said In the 36 th of Hen. 8. when Ferris Case was who was a Member of this House did not we proceed without any Conference with the Lords Here might be libera suffragin and no man of this House to be chosen by any Friends or Mediation of any great Man neither ought we to be tyed by any Blue Coat in the World But as our Persons are Priviledged so should our Speeches be
was Ordered to be ingrossed The Bill that the Land of Edward Lucas Gentleman shall be lyable to the payment of certain Legacies was read the second time and committed unto Sir John Cutts Sir John Cotton M r Attorney of the Wards and others who were appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock Two Bills also had each of them one reading of which the second being the Bill for the Assurance of the Joynture of Rachell Wife of Edward Nevill of Birling in the County of Kent was read the third time and passed upon the question M r Serjeant Yelverton and M r D r Swale coming from their Lordships declared that their Lordships are ready for Conference according to the former appointment in the Bill concerning Letters Patents as also touching a Paper delivered unto their Lordships containing an Information against M r Belgrave a Member of this House in the Court of Star-Chamber It is Ordered that the Copy of Information exhibited into the Star-Chamber against M r Belgrave a Member of this House which was sent down from the Lords unto this House this day shall be forthwith examined with the Record and amended where it shall differ and be certified under the Clerks hand of the Star-Chamber to be a true Copy Vide concerning this business of M r Belgrave on Thursday the third day Monday the 7 th day Tuesday the 8 th day and on Thursday the 10 th day of this instant Decem ber foregoing as also on December the 16 th Wednesday ensuing Four Bills were sent up to the Lords by M r Secretary Cecill and others of which one was the Bill for recovering of certain surrounded Grounds in the County of Norfolk c. M r Browne a Committee in the Bill touching repairing of the Bridges near Carlisle brought in the Bill with some Amendments The Amendments in the Bill touching the repairing of the Bridges near Carlisle were twice read and the Bill was Ordered to be ingrossed The Additions in the Bill touching the Assize of Fuel were twice read and with the Bill Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill for relief of Souldiers and Mariners was read the second time and committed unto M r Secretary Cecill Sir Francis Hastings and others who were appointed to meet at the time and place before appointed for relief of the poor Thus far of these foregoing passages out of the Original Journal-Book or the House of Commons Now follow some remembrances of that which was agitated at a certain Committee of both Houses in the Painted Chamber this Forenoon out of a Private Journal The Lords Committees who were appointed to have Conference with the Committees of the House of Commons in the Bill touching Letters Patents c. being set in the Painted Chamber Mr. Secretary Cecill with the residue of the Committees of the said House repaired unto them where M r Secretary going to the Upper end of the Table spake to this effect That if their Lordships had already concluded what to do in the Bill for Patents then they had no Commission to proceed and if they had altered the Bill in any Point with Amendments they also had no Commission But if their Lordships had done neither but only were desirous to be resolved of any doubt which they in their wisdoms conceived and would willingly thereabout confer with them they would most willingly accomplish their Lordships desire for they had sufficient warrant from the House The Lord Buckhurst Lord Treasurer after a little whispering with the Lords together answered That he would not have us preoccupate their judgments with a Speech both strange improper and preposterous with other words c. M r Secretary said He could not answer his Lordship nor the rest without Order from the other Committees And therefore prayed they might confer together which was granted So they went forth into an outward room and there conferred what Speech or Answer to make and so after they returned again and Mr. Secretary said My Lords We of the Lower House are very sorry your Lordships should any way conceive otherwise than well of our Speech and good intent Your Lordships termed our Speech for so I may say because I spake in the name and behalf of the Committees strange improper and preposterous My Lords I think it not strange for it is not unknown of your Lordships that we be all Members of one Body and as we cannot be without your Lordships so your Lordships cannot be without us And when we are desirous it pleaseth your Lordships out of your favour to vouchsafe us a Conference so when you be willing it pleaseth us out of the desire we have to be observant to yield thereunto Neither have your Lordships been more forward to gratify us with your favours than we of the Lower House have been willing to further your Honours desires with our best furtherance And therefore my Lords it is no strange thing to have a Conference neither our Speech strange because it tended to draw us to some particular point of Conference For the Epithet improper I am to tell your Lordships that I delivered no more than I was commanded nor no less than I was required And therefore by your Lordships favour no Cause it should deserve the title of impropriety And I take it by your Lordships favour it was not preposterous for my Lords the first matter we took should be handled was the doubts which we imagined your Lordships had conceived of the Bill and if your Lordships had ought else conceived I thought fit to shew your Lordships that we then came without Commission So my Lords I hope I have made it appear that the Speech was neither strange improper nor preposterous But we of the Lower House who be here Committees do beseech your Lordships that you would not conceive otherwise of us than we deserve And your Lordships shall find us ever ready in all dutiful Service as coadjuting Members of one United Body the House of Parliament So after withdrawing of themselves a little from the Table the Lords hummed and whispered and at length calling us The Lord Treasurer said The Lords were satisfied with our Answer and very glad they found us so conformable by which they doubted not but we should well agree for the Conference whereby the Bill might have the better passage M r Secretary Answered That he was very glad their Lordships did conceive aright of them And that the Committees because they were many and would not be troublesome with multiplicity of Speech had chosen for their Speakers to satisfie their Honours M r Bacon M r Serjeant Harris M r Francis Moore M r Henry Mountague M r Philipps and M r Boice So the Lords called M r Attorney General for them who having spoken a while on the one side and been Answered by Serjeant Harris on the other side the
Conference or meeting of the said Committees brake up imperfectly and was further deferr'd till the next Morning The Passages of this Afternoon do now follow out of the Original Journal-Book of the House of Commons in manner and form following Post Meridiem Three Bills had each of them one reading of which the second being the Bill to prevent Perjury and Subornation of Perjury was read the third time and passed upon the question M r Mountague a Committee in the Bill touching Souldiers and others certified in the Bill with some Amendments whereof he prayed the reading The Amendments in the Bill for relief of Souldiers and Mariners were twice read and the Bill was Ordered to be ingrossed The Bill touching Policies of Assurances used amongst Merchants was read the second time and committed unto Sir Walter Raleigh M r Doctor Caesar Sir Francis Bacon Sir Stephen Soame and others And the Bill was delivered to Sir Francis Bacon who with the rest was appointed to meet to Morrow in the Afternoon in the Court of Wards at two of the Clock The Bill touching Hat-Makers was read the third time and upon the question and division of the House passed with the Yea ninety three and with the No forty six John Yakesley Esq returned into this present Parliament one of the Burgesses for the Town of Cambridge is for his necessary affairs licensed by Mr. Speaker to depart Upon Motion made by Serjeant Harris that Anthony Curwin Servant Attendant upon William Huddleston Esq a Member of this House hath been Arrested into the Counter in the Poultrey in London at the Suit of one Matthew a Chyrurgeon It is Ordered that the Serjeant that made the said Arrest and the said Matthew should be sent for to answer in this House for their said contempt as appertaineth M r Adam and Listers Councel are appointed to be heard to Morrow On Saturday the 12 th day of December the Bill to avoid the stealing of Cattle was read the second time and committed unto Sir George Moore Mr. Maynard Mr. Brown and others who were appointed to meet upon Tuesday next in the Middle-Temple Hall at two of the Clock in the Afternoon Two Bills had each of them one reading of which the second being the Bill for Confirmation of the Mannor of Sagebury aliàs Sadgbury unto John Harris and Samuel Sandys Gent. was read the third time and passed upon the question Some part of this Forenoons Passages doth now next follow out of private Journals An Act for redress of certain abuses used in Painting was read the third time It was moved by Sir George Moore and some others that the Bill might be let slip and the Cause refer'd to the Lord Mayor of London because it concerned a Controversie between the Painters and Plaisterers of London To which M r Davies Answered That the last Parliament this Bill should have past this House but it was refer'd as is now desired and Bonds made by the Plaisterers for performance of the Orders to be set down by the Lord Mayor yet all will do no good Wherefore M r Speaker I think it good to be put to the question Sir Stephen Soame desired that my Lord Mayor might not be troubled with them c. but that it might be put to the question and it seemed likely to go against the Painters But M r Heyward Townsend as it was putting to the question stood up and shewed that in the Statute of 25 Ed. 3. Cap. 3. Plaisterers were not then so called but Dawbers and Mudwall-Makers who had for their Wages by the day three pence and their Knave three half pence for so was his Labourer called they so continued till King Henry the Sevenths time who brought into England with him out of France certain men that used Plaister of Paris about the Kings Sieling and Walls whose Statute Labourers these Dawbers were These Statute Labourers learned in short time the use of Plaister of Paris and did it for the King who increased to be many then suing to the King for his Favour to Incorporate them he did fulfil their desire Incorporating them by the name of Gipsarium which was for Clay and Mud aliàs Morter-Makers An. 16 Hen. 7. being no Freemen for all their Corporation they obtained the Kings Letters in their favour to Sir William Remmington the Lord Mayor of London and the Aldermen to allow them Freemen which was granted at what time came in four of them paying ten shillings a piece for their Freedoms And in three years after that manner came in to the number of twenty but they paid four pound a piece for their Freedom They renewed their Patent in King Henry the Eighths time and called themselves Plaisterers aliàs Morter-Makers for the use of Loam and Lyme They made an humble Petition and Supplication after this to Sir John Munday then Lord Mayor and to the Aldermen to grant them Ordinances for the better Rule and Government of their Company in these words viz. We the good Folks of Plaisterers in London of Plaister and Loam of the said City for redress of certain abuses of Lath-Plaister and Loam wrought in the said Craft c. and had allowed unto them search for their Company for the use of Lath Loam and Lyme In all their Corporations at no time had they the word Colours neither yet in their Ordinances For all they were incorporated by the name of Plaisterers yet in all King Henry the Eighths time they were called Dawbers as appears in the Accompts of the Chamber of London paid to such and such Dawbers for so many days so much and to their Labourers so much The Plaisterers never laid any Colour upon any of the Kings Houses nor in the Sheriffs of London but this Year They wore no Livery or Cloathing in the seventeenth of King Henry the Eighth They have been suffered to lay Alehouse Colours as red Lead and Oaker with such like and now intrude themselves to all Colours Thus they take not only their own work but Painting also and leave nothing to do for the Painter Painters and Stainers were two several Companies in King Edward the Thirds time one for Painting of Posts and all Timber-Work and the other for Staining and Painting of Cloth of great continuance The two several Companies were joined both into one by their own consents and by the consents of the Lord Mayor and Court of Aldermen of the City the nineteenth year of King Edward the Fourth The Painters had Orders allowed them for the use of Oyl and Colours especially named in King Henry the Fourths time from the Lord Mayor and City Painters cannot work without Colours their only mixture being Oyl and Size which the Plaisterers do now usurp and intrude into Painters have her Majesties Letters Patents dated the twenty fourth year of Elizabeth forbidding any Artificer the use of Colours and Oyl or Size after the manner of Painting but only such as have been or shall be Apprentice namely
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
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
us proceed by Bill and see if the Queen would have denied it Another that the Patents should be brought here before us and cancelled and this were bravely done Others would have us to proceed by way of Petition which Course doubtless is best but for the first and especially for the second it is so ridiculous that I think we should have as bad success as the Devil himself would have wished in so good a Cause Why if idle courses had been followed we should have gone forsooth to the Queen with a Petition to have repealed a Patent of Monopoly of Tabaco Pipes which M r Wingfields note had and I know not how many conceits but I wish every man to rest satisfied till the Committees have brought in their resolutions according to your Commandments On Wednesday the 25 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill for the levying of Fines in the County and City of Chester was read the second time and committed unto all the Queens Learned Councel being of this House the Knights and Burgesses for the County and City of Chester Sir John Egerton and others who were appointed to meet upon Friday next in the Inner-Temple Hall at two of the Clock in the Afternoon Sir Edward Hobbie made Report of the Committees travel in the Bill touching M r Nevill and delivered in the Bill with some Amendments and a Proviso The Amendments and Proviso in the Bill for Mr. Nevill were twice read and Ordered with the Bill to be ingrossed and not to be read the third time until her Majesties Pleasure be further known to be signified unto this House by Mr. Sollicitor Mr. Speaker or some other thereunto appointed The Amendments in the Bill touching trifling Suits were twice read and with the Bill Ordered to be ingrossed The Bill to prevent double payment of Debt upon Shop-Books was read the second time and committed unto Sir Walter Raleigh Mr. Beeston Sir Francis Hastings and others and the Bill was delivered to Mr. Beeston who with the rest was appointed to meet in the Inner-Temple Hall at two of the Clock in the Afternoon upon Friday next The Committees for the Exchequer Bill who were appointed on Saturday the 21 th day of this instant November foregoing brought in the Bill with some Amendments and after some Speeches therein had upon the question resolved that it should be presently recommitted to be considered of in the Committee Chamber of this House and thereunto are appointed Mr. Mountague Mr. Winch Sir Robert Wroth Mr. Jones Mr. Martin Mr. Tate Mr. Johnson c. Mr. Henry Mountague brought in the Bill touching Process and Pleadings in the Court of Exchequer with Report of the Amendments The Amendments in the Bill for Orders in the Court of Exchequer were twice read and with the Bill Ordered to be ingrossed Mr. Speaker after a silence and every man marvelling why the Speaker stood up spake to this effect It pleased her Majesty to command me to attend upon her Yesterday in the Afternoon from whom I am to deliver unto you all her Majesties most gracious Message sent by my unworthy Self She yields you all hearty thanks for your care and special regard of those things that concern her State Kingdom and consequently our Selves whose good she had always tendred as her own for our speedy resolution in making of so hasty and free a Subsidy which commonly succeeded and never went before our Councels and for our Loyalty I do assure you with such and so great Zeal and Affection she uttered and shewed the same that to express it our tongues are not able neither our hearts to conceive it It pleased her Majesty to say unto me that if she had an hundred tongues she could not express our hearty earty good Wills And further she said that as she had ever held our good most dear so the last day of our or her Life should witness it And that the least of her Subjects was not grieved and she not touched She appealed to the Throne of Almighty God how careful she hath been and will be to defend her People from all Oppressions She said that partly by intimation of her Council and partly by divers Petitions that have been delivered unto her both going to the Chapel and also to walk abroad she understood that divers Patents which she had granted were grievous to her Subjects and that the Substitutes of the Patentees had used great Oppressions But she said she never assented to grant any thing which was Malum in se. And if in the abuse of her Grant there be any thing evil which she took knowledge there was she her self would take present Order of reformation I cannot express unto you the Apparent Indignation of her Majesty towards these abuses She said that her Kingly Prerogative for so she termed it was tender and therefore desireth us not to fear or doubt of her careful reformation for she said that her Commandment was given a little before the late troubles meaning the Earl of Essex's matters but had an unfortunate Event but that in the middest of her most great and weighty occasions she thought upon them And that this should not suffice but that further Order should be taken presently and not in futuro for that also was another word which I take it her Majesty used and that some should be presently repealed some suspended and none put in Execution but such as should first have a Tryal according to the Law for the good of the People Against the abuses her wrath was so incensed that she said that she neither could nor would suffer such to escape with impunity So to my unspeakable comfort she hath made me the Messenger of this her gracious Thankfulness and Care Now we see that the Axe of her Princely Justice is laid to the Root of the Tree and so we see her gracious goodness hath prevented our Counsels and Consultations God make us thankful and send her long to Reign amongst us If through weakness of memory want of utterance or frailty of my Self I have omitted any thing of her Majesties Commands I do most humbly crave Pardon for the same And do beseech the Honourable Persons which assist this Chair and were present before her Majesty at the delivery hereof to supply and help my imperfections which joined with my fear have caused me no doubt to forget something which I should have delivered unto you After a little pause and silent talking one with another M r Secretary Cecill stood up and said There needs no supply of the Memory of the Speaker But because it pleased him to desire some that be about him to aid his delivery and because the rest of my Fellows be silent I will take upon me to deliver some thing which I both then heard and since know I was present with the rest of my Fellow Counsellors and the Message was the same
that hath been told you and the cause hath not succeeded from any particular course thought upon but from private Informations of some particular persons I have been very Inquisitive of them and of the Cause why more importunity was now used than afore which I am afraid comes by being acquainted with some course of proceeding in this House There are no Patents now of force which shall not presently be revoked for what Patent soever is granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent if it be Malum in se but the Queen was ill apprized in her Grant But all to the generality be unacceptable I take it there is no Patent whereof the Execution hath not been injurious Would that they had never been granted I hope there shall never be more All the House said Amen In particular most of these Patents have been supported by Letters of Assistance from her Majesties Privy Council but whosoever looks upon them shall find that they carry no other stile than with relation to the Patent I dare assure you that from henceforth there shall be no more granted They shall all be revoked But to whom do they repair with these Letters to some out-house to some desolate Widow to some simple Cottage or poor ignorant People who rather than they would be troubled and undo themselves by coming up hither will give any thing in reason for these Caterpillars satisfaction The notice of this is now publick and you will perhaps judge this to be a Tale to serve the time But I would have all men to know thus much that it is no jesting with a Court of Parliament neither dares any man for my own part I dare not so mock and abuse all the States of this Kingdom in a matter of this consequence and importance I say therefore there shall be a Proclamation general throughout the Realm to notify her Majesties resolution in this behalf And because you may eat your meat more savourly than you have done every man shall have Salt as good cheap as he can either buy it or make it freely without danger of that Patent which shall be presently revoked The same benefit shall they have which have cold Stomachs both for Aquavitae and Aqua composita and the like And they that have weak Stomachs for their satisfaction shall have Vinegar and Alegar and the like set at liberty Train Oyl shall go the same way Oyl of Blubber shall march in equal rank Brushes and Bottles endure the like Judgment The Patent for Pouldavy if it be not called in it shall be Oade which as I take it is not restrained either by Law or Statute but only by Proclamation I mean from the former Sowing though for the saving thereof it might receive good disputation Yet for your satisfaction the Queens Pleasure is to revoke that Proclamation only she prayeth thus much that when she cometh on Progress to see you in your Countries she be not driven out of your Towns by suffering it to infect the Air too near them Those that desire to go sprucely in their Ruffs may at less charge than accustomed obtain their wish for the Patent for Starch which hath so much been prosecuted shall now be repealed There are other Patents which be considerable as the Patent of New Drapery which shall be suspended and left to the Law Irish Yarn a matter that I am sorry there is no cause of Complaint for the Salvageness of the People and the War hath frustrated the hope of the Patentee a Gentleman of good service and desert a good Subject to her Majesty and a good Member of the Common-Wealth M r Carmarthen Notwithstanding it shall be suspended and left to the Law The Patent for Calf-Skins and Fells which was made with a relation shall endure the censure of the Law But I must tell you there is no reason that all should be revoked for the Queen means not to be swept out of her Prerogative I say it shall be suspended if the Law do not Warrant it There is another Servant of her Majesties M r Onslow one of her Pensioners an honest Gentleman and a faithful Servant he hath the Patent for Steel which one M r Beale once had this too because of Complaints shall be suspended There is another that hath the Patent for Leather Sir Edward Dyer a Gentleman of good desert honest religious and wise this was granted unto him thirty years ago It crept not in by the new misgovernment of the time Yet this shall also be suspended The Patent for Cards shall be suspended and tryable by the Common Law The Patent for Glasses which though I do least apprehend to be prejudicial to the publick good yet it is lest to the Law There is another Patent for Saltpeter that hath been both accused and slandered It digs in every mans House it annoys the Inhabitant and generally troubleth the Subject For this I beseech you be contented Yet I know I am to blame to desire it it being condemned by you in foro Conscientiae but I assure you it shall be fully sifted and tryed in foro judicii Her Majesty means to take this Patent 〈◊〉 her Self and advise with her Council touching the same For I must tell you the Kingdom is not so well furnished with Powder now as it should be But if it be thought fit upon advice to be cancelled her Majesty commanded me to tell you that though she be willing to help the grave Gentleman that hath that Patent yet out of that abundant desire that she hath to give you compleat satisfaction it shall be repealed This hath come to the Ear of the Queen and I have been most earnest to search for the Instrument and as a Counsellor of State have done my best endeavour to salve the sore But I fear we are not secret within our selves Then must I needs give you this for a future Caution That whatsoever is subject to publick expectation cannot be good while the Parliament matters are ordinary talk in the Street I have heard my self being in my Coach these words spoken aloud God prosper those that further the overthrow of these Monopolies God send the Prerogative touch not our Liberty I will not wrong any so much as to imagine he was of this Assembly Yet let me give you this Note That the time was never more apt to disorder and make ill interpretation of good meaning I think those persons would be glad that all Sovereignty were converted into Popularity We being here are but the popular branch and our liberty the liberty of the Subject And the World is apt to slander most especially the Ministers of Government Thus much have I spoken to accomplish my duty unto her Majesty but not to make any further performance of the well uttered and gravely and truly delivered Speech of the Speaker But I must crave your favours a little longer to make an