brought him even made him one of the greatest Princes in Europe when her Majesties Forces there left him how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions For the Low-Countries how by her aid from a confused Government and State she brought them to an Unity in Counsel and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs which have so much gauled him that how many desperate practices have been both devised consented to and set on foot by commandment of the late King his Father I need not shew you neither trouble you with Arguments for proof thereof being confessed by them that should have been Authors themselves But de mortuis nil nisi bonum I would be loth to speak of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her blood I mean Jewels which have been given to her Physicians to have done that unto her which I hope God will ever keep from her but she hath rather worn them in Triumph than for the price which hath not been greatly valuable Then he fell to perswade us because new occasions were offered of consultations to be provident in provision of means for our own defence and safety seeing the King of Spain means to make England miserable by beginning with Ireland neither doth he begin with the Rebels but even with the Territory of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Nota That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November which next ensued by Sir Robert Cecill her Majesties principal Secretary who had done it to satisfy divers Members of the same who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House As soon as the Lord Keeper had ended his Speech and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it were departed down to their own House Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Knight Lord Chief Justice Francis Gawdy one of the Justices of the Kings Bench George Kingsmell one of the Justices of the Common Pleas D r Carew and D r Stanhop Receivors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir William Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the Common Pleas D r Swale and D r Howard They who will deliver Petitions to deliver them within six dayes Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Marquess of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House the Earl of Hartford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouch and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place at the Chamberlains Chamber Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord Le Ware the Lord Lumley and the Lord Burleigh All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them to meet and hold their place in the Treasurers Chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-Book in manner and form following Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Veneris proximè futurum viz. 30 m diem Octobris Nota That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House yet because it is very imperfectly and briefly Entred there I have therefore supplied it somewhat largely out of a private Journal of the House of Commons On Friday the 30 th day of October about one of the Clock in the Afternoon her Majesty came by Water to the Parliament Chamber commonly called the Upper House and being Apparelled in her Royal Robes and placed in her Chair of State divers also of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the Door of the said House with John Crooke Esq Recorder of London their Speaker Elect the full space of half an hour were at last as many as conveniently could let in and the said Speaker was led up to the Bar or Rayl at the lower end of the same House by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth MOST Sacred and Mighty Sovereign Upon your Majesties Commandment your most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House to be their Speaker but finding the weakness of my self and my ability too weak to undergo so great a burthen I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me and not to lay this charge so unsupportable upon my unworthy and unable Self And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that
Majesty also in peril whom O Lord preserve which being warned you may easily foresee and provide for And this is all that at this time I have to say And therefore here to make an end her Majesty is contented according to your Petition to grant her Royal Assent to such Ordinances and Laws as have been devised and agreed upon by you in such order and form as by the Clerk of the Parliament according to the antient Order shall be read and declared I have said After the Lord Keepers Speech was ended the Queen's Majesty did doubtless give her Royal Assent to such Acts as passed at this Session but neither the foresaid Speech nor the passing of the said Acts are at all mentioned in the Original Journal-Book of the Upper House and therefore as the said Speech was transcribed out of a Copy thereof I had by me so is the manner of her Majesties giving her Royal Assent to such Acts as now passed supplied here according to a pattern or Platform thereof set down in the Original Journal-Book of the same House in an 39 Regin Eliz. which may very well serve in this place in respect that matters of form and course do seldom or never differ The Clerk of the Crown standing up did first read the Titles of all the publick Acts to every one of which allowed by the Queen the Clerk of the Upper House read these French words following viz. La Roigne le veult i. e. The Queen wills it Then were read the Titles of all the private Acts to each of which that passed the said Clerk of the Upper House read the Queens Answer in these French words following viz. Soit faite come il est desire i. e. Be it done as it is desired These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty did forbear to allow the Clerk of the Upper House read in these French words following viz. La Roigne s'advisera i. e. The Queen will advise upon it Then in the third place after the Titles of all the publick and private Acts were read and the Answers to them as aforesaid then the said Clerk of the Crown standing up did read the title of the Bill of Subsidy and then the Clerk of the Upper House standing up likewise did read the Queens Majesties Answer in manner and form following viz. La Roigne remercye ses loyaulx subjects accept leur benevolence aussi le veult i. e. The Queen thanks her loyal Subjects accepts their benevolence and also wills it The said Clerk having read the Queens acceptance and thanks for the Subsidy given as aforesaid did then upon the reading of the Title of her Majesties Pardon by the Clerk of the Crown as aforesaid pronounce in these words following the Thanks of the Lords and Commons for the same Les Prelats Seigneurs Communes en ce present Parliament assembles an nom de touts vous autres subjects remercient tres humblement vostre Majestie prient à Dieu vous donner en santè bonne vie longue i. e. The Prelates Lords and Commons in this present Parliament Assembled in the name of all your other Subjects most humbly thank your Majesty and pray to God to give you in health a long and happy Life The manner of her Majesties Royal Assent being thus transcribed according to the Pattern of the said President in the end of the Original Journal-Book an 39 Regin Eliz. now followeth the Dissolution of this present Parliament by Sir Nicholas Bacon Knight Lord Keeper upon her Majesties Commandment which is entred in the Original Journal-Book of the Upper House in manner and form following Nicolaus Bacon miles Dominus Custos magni Sigilli ex Mandato Dominae Reginae tune praesent is praesens hoc Parliamentum dissolvit The Acts being thus passed her Majesty retir'd and put off her Parliament Robes and so returned to her Court at Whitehall ☞ Nota That Francis Spilman Esq at this time Clerk of the Upper House did after the Parliament ended transcribe out all such Acts as passed and certified them into the Rolls and did at the end of every publick Act transcribe the French words ensuing La Roigne le veult Being the same words which the Clerk of the Upper House doth usually and now did pronounce in the same House upon her Majesties allowance of each publick Act as aforesaid But as for the private Acts there was some more and greater Ceremony observed in the transcribing and Certifying of them into the Rolls by the said Clerk of the Upper House which although it be omitted in the end of the Original Journal-Book of this present Parliament an 1 Regin Eliz. yet I have caused to be supplied according to the form of a draught thereof set down in the end of the Original Journal-Book of the Upper House an 39 Reginae ejusdem which may very well serve to be supplyed and added unto the end of this present Journal in respect that matters of form do seldome or never differ in which I have only caused the direct times and persons to be sitted to this said foregoing Journal At the head therefore of every such private Act so certified into the Rolls as aforesaid was doubtless written in Latin as followeth In Parliamento inchoat tent apud Westm. die Jan. An. Regni serenissimae atque excellentissimae Dominae nostrae Elizabethae Dei grat Angl-Franc Hib. Regin fidei defensor c. Primo ibidem continuat usque ad in Octavam diem Maii tunc prox sequent communi omnium Dominorum tam spiritualium quam temporalium communitatis consensu Regiae Majestatis tunc praesentis assensu inter alia sancitum inactitatum ordinat stabilitum suit sequens hoc statutum ad verbum ut sequitur viz. And at the foot or end of every such private Act were these ensuing words in Latin likewise added as the said foregoing president doth very certainly infer Ego Franciscus Spilman who was Clerk of the Upper House in the first Year of Queen Elizabeth Armiger Clericus Parliamenti virtute brevis supradict dominae nostrae Reginae de Certiorand ntihi direct hiis annex certifico superius hoc scriptum verum esse tenorem Actûs Parliamenti supradicti in eo breve express In cujus rei Testimonium Sigillum nomenque meum apposui atque subscripsi Dat. die Anno Regni supradict dominae nostrae Reginae c. THE JOURNAL OF THE House of COMMONS A Journal of the Proceedings of the House of Commons in the Parliament holden at Westminster An. 1 Regin Eliz. An. Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th day of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May An. Dom. 1559. THIS Journal of the first Parliament of her Majesty is not
of Recording such presence in all the Original Journal-Books of the Upper House both of former and latter times which is so obvious to every mans curiosity that will search that it needs no further dilating Pr. Nicolaus Bacon Miles Dominus Custos magni Sigilli Pr. Marchio Winton Thesaurarius Angliae Pr. Dux Norfolciae Comes Mareschallus Angliae Pr. Marchio Northampton Pr. Comes Arundell Seneschallus Hospitii Dominae Reginae Pr. Comes Northumbriae Comes Westmoreland Pr. Comes Salop. Pr. Comes Darbiae Pr. Comes Wigorn. Pr. Comes Rutland Comes Cumberland Comes Sussex Pr. Comes Huntington Comes Bathon Pr. Comes Bedford Pr. Comes Pembrooke Pr. Vice-Comes Hereford Pr. Vice-Comes Mountague Vice-Comes Howard de Bindon In the next and second Rank after the Spiritual Lords are the names of the Lord Keepers and of all other Temporal Lords entred above the degree of Barons and the reason why the names of the Spiritual Lords are thus entred before the Lord Keepers and all other Temporal Lords although divers of them enjoy likewise the great Offices of the Kingdom is not because they have all precedence of them but either in respect that the Archbishop of Canterbury when there is one is the first Peer of the Realm and so one of the rank with whom they sit in the Upper House and therefore ought to be ranked with him or else in respect of their Ecclesiastical Dignities which are preferred before the Temporal as the Church is before the Common-Wealth Pr. Dominus Clinton Admirallus Angliae Pr. Dominus Howard de Effingham Camerarius Dominae Reginae Pr. Dominus Burgavenny Dominus Audley Pr. Dominus Strange Dominus Zouch Pr. Dominus Barkeley Pr. Dominus Morley Pr. Dominus Dacres Pr. Dominus Dacres de Gillesland Pr. Dominus Cobham Dominus Stafford Dominus Grey de Wilton Pr. Dominus Scroope Dominus Dudley Pr. Dominus Lumley Dominus Montery Dominus Ogle Pr. Dominus Darcie Pr. Dominus Mountegle Dominus Sandes Pr. Dominus Vauxe Pr. Dominus Windsor Pr. Dominus Wentworth Pr. Dominus Mordant Pr. Dominus St. John Pr. Dominus Cromwell Pr. Dominus Evers Dominus Wharton Dominus Riche Pr. Dominus Willoughbye Pr. Dominus Sheffield Dominus Pagett Pr. Dominus Darcie de Chiche Dominus North. Pr. Dominus Chandos Pr. Dominus Haistings de Loughborough Pr. Dominus Cary de Hunsedon Pr. Dominus St. John de Bletsoe In this third and last rank are placed the Barons names of which the two first precede in respect of their Offices the rest follow according to their several rights The presence of the Lords being thus transcribed out of the Original Journal-Book of the Upper House there is nothing worthy the further observation therein but only that the Abbot of Westminster who sat all the last Parliament is not here at all mentioned and the reason was because himself with five other Abbots and Abbesses and many other of the Popish Clergy were deprived of their Ecclesiastical Promotions in An. Dom. 1559. at the end of the last Parliament And now in the next place follows the manner of the Presentment of the Speaker with his several Speeches and the Lord Keepers Answers at large out of a Memorial thereof I had by me which I conceive for the most part to be the very Autography or Original Copy thereof taken by the hand of some industrious Member of one of the Houses or at least some other Hearer at this time present in the Upper House It being set down in a hand at that time and full of interlinings and amendments The Queens Majesty being set under her Cloth of Estate and the Lords having placed themselves according to their several Ranks in their Parliament Robes the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repairing to the Upper House with Thomas Williams Esq their Speaker Elect were as many of them as conveniently could let in and the Speaker was led up unto the Bar or Rail at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir William Cecill Knight her said Majesties Principal Secretary all of them making in their proceeding up thither three Obeysances and the said Speaker being placed there after he had made three other like Obeysances began as followeth RIght Excellent and most Vertuous Prince our Renowned and Dread Soveraign Lady on Tuesday last it pleased your Highness by the Mouth of the Right Honourable the Lord Keeper of the Great Seal for the more ease of the nether House of this Parliament to Command them to go and Assemble themselves and to Elect one being wise discreet and learned to be their Speaker who after a Consultation had with one Voice did Elect me being indeed insufficient as by and for divers Causes I did then to them declare Howbeit whether it were that they being so many wise men together at the Electing of me and therefore would not seem to speak against their own Election or for what other cause I know not but they refused my denial and stood to their said Choice and now present me here to be at your Graces Appointment I therefore knowing my own imbecillity and yet not arrogantly refusing the same as one amongst the Romans chosen from the Plough to a place of Estimation and after to the Plough again even so I a Countryman sit for the same and not for this place most humbly desire your Majesty to discharge me hereof and to appoint some other more able and I as I am bounden will not only pray for your Highness but also serve your Highness and my Country to my power in the place of a Citizen whereunto first I was Elect and appointed Then the Queen Called the Lord Keeper to her declaring to him her Opinion for the Answering of him whereupon he returned to his place and Answered as followeth M r Williams The Queens Majesty hath well heard and pondered your Speech and doth well perceive your modest and humble manner in the disabling your self to that place whereunto her well-beloved Subjects have Elected and Chosen you and now accordingly presented you and hath also heard your Suit for discharge of the said Room and for Answer she hath Commanded me to declare unto you that she commendeth well your modest and humble manner in so disabling your self knowing that Judgment appertaineth to the Caller and not to the party Called And forasmuch as her Majesty is credibly informed as well of your knowledge and experience in other Parliaments as in other great and weighty matters she thinketh now therefore she cannot disable you without some peril to the Realm and the rather for that the wise Knights Citizens and Burgesses have nominated and Chosen you she cannot grant your Petition And besides that your modest Order in disabling your self doth right well declare your ability to furnish the place for which cause the doth allow this Election and Presentation made of you not doubting your care to be such but
had notice that divers of the Lords Spiritual and Temporal with Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England were Assembled in the Upper House and expected their repair thither they presently went up unto the Lords where the Lord Keeper shewed forth a Commission from her Majesty under the Great Seal of England directed unto him which he Commanded the Clerk openly to read Which said Commission as also the greatest part of the foregoing days passages are transcribed out of the Original Journal-Book of the Upper House and inserted here as into the due and proper place Which very things were in part also mentioned in the Original Book of the House of Commons with the passages of this present Tuesday although in both I have not omitted to supply some things my self which might easily be gathered by the comparing of several things together The Tenor of the said Commission ensueth verbatim ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our right Trusty and right well Beloved Chancellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England Greeting Where in the beginning of this present Parliament holden at Westminster the 12 th day of January in the fifth Year of our Reign the Knights Citizens and Burgesses being Assembled in the same Year in the same Parliament were Commanded by us to go to their accustomed place and there to chuse among themselves one to be their Speaker according to their accustomed manner whereupon the same Knights Citizens and Burgesses did Elect and chuse one Thomas Williams Esq to be their Speaker and the same their Election did afterwards certifie unto us which we did allow and ratifie since which time this our present Parliament hath been continued by divers Prorogations until the 30. of September in this present eighth Year of our Reign at which day the Lords Spiritual and Temporal and also the said Knights Citizens and Burgesses being Assembled for this present Parliament at Westminster in their accustomed places the said Knights Citizens and Burgesses have declared unto us that the said Thomas Williams since the last Session of this present Parliament is dead And thereupon have made their humble Suit and Petition unto us that they might have Licence and Commandment from us to proceed to elect among themselves one other to be their Speaker for the rest of this present Parliament yet to come Wherefore We having certain and perfect knowledge that the said Thomas Williams is dead as they have alledged and considering their humble Petition and Request very meet and necessary to be granted have appointed and Constituted you and by these Presents We do Will Command Constitute and Appoint you for us and in our Name to call the said Knights Citizens and Burgesses before you and other the Lords Spiritual and Temporal Assembled in this our present Parliament in the Higher House of our Parliament at Westminster and there for us and in our Name to Will and Command the said Knights Citizens and Burgesses to resort to their accustomed place and there to Elect and chuse amongst themselves one sufficient and able person to be their Speaker for the rest of this present Parliament to come And after they have so made their Election that then three or four of them for and in all their names shall signifie the same unto us And thereupon we will further signifie our pleasure unto them what day and time they shall present the person Elected before us as heretofore hath been in like cases accustomed to be done wherefore our Will and Pleasure is that you do diligently attend about the doing of the premises and execute the same with effect In Witness whereof we have caused these our Letters of Commission to be Sealed with our Great Seal of England Witness our Self at Westminster the first day of October in the Eighth Year of our Reign The residue of this Days Passages follows out of the Journal of the House of Commons As soon as the said Commission had been read the Knights Citizens and Burgesses and Barons of the House of Commons departed into their own House where Sir Edward Rogers Knight Comptroller of her Majesties Houshold declared unto them that for as much as Richard Onslow Esq her Majesties Sollicitor General was a Member of their said House being Elected a Burgess for the Borough of ..... in the County of Sussex they would use some means to have him restored unto them who as yet attended in the Upper House to join with them in their Election of a Speaker And thereupon notice thereof being given to the Lords of the Upper House upon Consultation had amongst them the said M r Onslow was sent down with the Queens Serjeant at Law M r Carus and M r Attorney General to shew for himself why he should not be a Member of this House who alledging many weighty reasons as well for his Office of Sollicitor as for his Writ of Attendance in the Upper House was nevertheless adjudged to be a Member of this House And thereupon proceeding to the Election M r Comptroller nominated M r Onslow to be Speaker who humbly disabled himself as well for non-ability of substance meet for that place as also for his Oath made to the Queens Majesty and required them to proceed to a new Election upon whose Arguments the House was divided and the number to have him Speaker was eighty two and the contrary was sixty And immediately M r Comptroller and M r Vice-Chamberlain brought him from his place to the Chair and there set him down On Wednesday the second day of October between three and four of the Clock in the Afternoon the Knights Citizens and Burgesses of the House of Commons repaired to the Upper House having notice that her Majesty with the Lords and divers others were already set in the said House expecting their coming where Richard Onslow Esq their Speaker Elect was led up to the Rail or Bar at the lower end of the said House between Sir Edward Rogers Knight Comptroller of her Majesties Houshold and Sir Francis Knolles Knight her Highness Vice-Chamberlain and so presented unto her Majesty where having disabled himself in many respects he was notwithstanding allowed by her Majesty by the Mouth of the Lord Keeper After which having desired free access to her Highness and pardon for himself if he should in any thing unwittingly fail or mistake the Lord Keeper by her Majesties Commandment declared her full Assent to the said particulars And thereupon the said Speaker being now compleatly and perfectly invested in his place departed back with the residue of the House of Commons unto their own House where according to the usual Form one Bill had its first reading viz. The Bill how Sanctuary-persons shall be compellable for payment of their Debts Nota That the Passages of this Afternoon containing in them the manner of the Presentment and Allowance of
and working of Wax was read the second time and committed unto M r Comptroller M r Edgecombe M r Lieutenant M r Recorder and Mr. Cromwell to consider presently in the Committee Chamber Mr. Chancellor of the Exchequer brought in the Bill for Sheriffs with some Amendments and Additions and also a new Bill touching the return of Jurors which all were read Post Meridiem The House being called and some returned into the places of others Deceased since the last Session of this present Parliament and yet some of them supposed to be living some in place of others sick and diseased and some in place of others imployed in the Queens Majesties Service it is Ordered that all the said returns of this Session be Examined and the Orders and Precedents of this House in like Cases formerly used be also considered by some of this House and thereupon report to be made to this whole House of the state of the said Returns and Precedents to the end further order may be taken therein accordingly Whereupon were appointed for that purpose M r Treasurer M r Chancellor of the Dutchy M r Treasurer of the Chamber Sir Thomas Shirley Sir Edward Horsey Sir William Moore Sir Henry Gate Sir John Hibbott M r Attorney of the Dutchy M r Diggs M r Cromwell and M r Poole William Boreman Esq one of the Burgess for the Town of Wells was Licensed by Mr. Speaker to be absent for his necessary Affairs at the next Assizes in the County of Somerset On Saturday the 25 th day of February Two Bills of no great moment had each of them one reading of which the second being the Bill for the Explanation of the Statute of 32 H. 8. for Limitation of prescription was read the third time and passed upon the Question Tuesday next in the Afternoon in the Exchequer Chamber is appointed for the Committees to meet together to examine the returns and defaults appearing upon the calling of the House The Bill for the better fortifying of the Borders and Frontiers towards Scotland was read the second time and after many Arguments committed unto all the Privy-Council being Members of this House M r Treasurer of the Chamber M r Knight Marshal Sir Thomas Cecil Sir Henry Lea Sir Henry Knivett and others who were appointed to meet upon Monday next in the Exchequer Chamber at two of the Clock in the Afternoon On Monday the 27 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill touching the Examination of Witnesses in Towns Corporate was read the second time and Ordered to be ingrossed The two Bills which passed yesterday were now sent up to the Lords by M r Comptroller and others The Bill touching Leases of Tenants in Tail was read the second time and committed unto Sir Thomas Sampoole M r Sandes M r Amerdeth M r Cromwell M r Edward Stanhope and M r Shirley who were appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the City of Carliol was read the second time and committed unto Mr. Comptroller Mr. Knight Marshal Sir Henry Knivett Sir John Dawney Sir Edward Horsey Sir Robert Stapleton Sir Henry Gate and others who were appointed to meet on Wednesday next at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Serjeant Anderson and Mr. Dr. Barkeley did bring from the Lords word that their Lordships have appointed to meet with the Committees of this House at the Court in the Council Chamber at two of the Clock in the Afternoon touching the Bill of disobedient Subjects It is Ordered thereupon for this time that the former Committees with some others now added and no more shall attend the Lords to Morrow in the Afternoon according to the Message brought from their Lordships in the Bill for Religion The Bill for the punishment of Hereticks called the Family of Love was read the second time and committed unto Mr. Comptroller Mr. Vice-Chamberlain Mr. Chancellor of the Exchequer Mr. Secretary Wilson and others who were appointed to meet upon Wednesday next at two of the Clock in the Afternoon It was Ordered that the House should be called again upon Saturday next at two of the Clock in the Afternoon On Tuesday the 28 th day of February Five Bills of no great moment had each of them one reading of which the third being the Bill touching Clothes called Tauntons and Bridgewaters was read the third time and Ordered to be ingrossed Mr. Doctor Barkley and Mr. Doctor Ford did bring from the Lords a Bill touching the assurance of certain Lands to the Lord Compton The Bill against Moor-burning was read the second time The Bill touching Examination of Witnesses in Corporate Towns and these words viz. without Commission or Warrant from some of her Majesties Courts or Councels and these words or nisi prius are upon the Question Ordered to be put into the Bill and the word heretofore already in the Bill was upon the division of the House after the doubtfulness of the Question Ordered to remain in the Bill by the advantage of the number of nine persons and the Bill so amended was passed upon the Question On Wednesday the first day of March Three Bills had each of them one reading of which the third being the Bill for granting one Subsidy two Fifteenths and Tenths was read the third time and passed upon the Question On Thursday the second day of March Six Bills of no great moment had each of them one reading of which the last being the Bill for the Mayor Bailiffs and Commonalty of the City of Coventry was read the third time and passed upon the Question Five Bills were sent up to the Lords by all the Privy-Council being of this House and others of which one was the Bill touching Limitation of prescription in a Formedon in the Descender and another against the false packing of Hops Three Bills also had each of them one reading of which the third being the Bill against the Corporation of the Merchant Adventurers being Freemen of the City of London was read the second time and committed unto Mr. Treasurer Mr. Chancellor of the Exchequer Mr. Comptroller Mr. Chancellor of the Dutchy Mr. Vice-Chamberlain Mr. Secretary Wilson Mr. Lieutenant of the Tower the Master of the Jewel-House M r Dale Master of the Requests and others who were appointed to meet in the Exchequer Chamber to Morrow at two of the Clock in the Afternoon And further that the said Committees shall have Authority to hear such proofs on both parts as shall make request to come before them touching the contents of the said Bill On Friday the third day of March the Additions and Amendments in the Bill touching Tinners and Spaliers were twice read and the Bill Ordered to be ingrossed Two Bills also of no great moment had each of them one reading of which the first being the Bill for the preservation of
this House to attend the Lords yesterday at Court touching the Bill of Captains and Souldiers were there accordingly and shewed unto their Lordships the opinion of this House touching the same Bill and that their Lordships did make answer unto the same But what their answers were is wholly omitted through the negligence of the Clerk Mr. Doctor Carie and Mr. Powle do bring word from the Lords that their Lordships do desire present Conference with some of this House in a Bill for continuation and perfecting of certain Statutes and thereupon it was upon relation thereof made to the House by Mr Speaker ordered that the former Committees in the same Bill and divers others now added unto them be presently sent to their Lordships accordingly and withal the Bill for confirmation of two Subsidies granted by the Clergy and the Bill touching Jurors both which passed the House this Morning and the Bill touching the Free School of Tunbridge in Kent were sent up to their Lordships by Mr. Vice-Chamberlain and others with request of this House for special Commendation to be made to their Lordships for their favourable considerations of the said Bill touching the said Jurors The Bill for maintenance of Houses of Husbandry and Tillage was upon the second reading committed unto all the Privy-Council Mr. Cromwell Mr. Wroth and others to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill that the Children of Aliens shall pay Strangers Customs was read the second time and after many Speeches both ways it was committed to the former Committees to meet at the said former time and place and both the same Bills were delivered to Mr. Vice-Chamberlain On Wednesday the 26 th day of March the Bill concerning Denizens Children was read the second time the Bill also against Strangers retailing of Foreign Wares was amended by the Committee appointed on Wednesday the 12 th day of this instant March foregoing which said Amendments being brought in by them with the Bill were now twice read although it be mistaken in the Original Journal-Book that the Bill it self had its second reading Mr. Doctor Cary and Mr. Powle did bring from the Lords the Bill against privy and secret Outlawries which had its first reading Sir John Parrott shewed that her Majesty told him that she thought it requisite that provision were had for her Majesty as well as for her Subjects against the imbozelling and purloining of her Armour Weapons and other Habiliments of War and offereth a Bill to the House to that end and prayeth a present reading of the same The Bill against imbezelling of Armour Munition and other Habiliments of War was twice read and Ordered to be ingrossed and read the third time and passed upon the question and presently sent up to the Lords by Sir John Parrot and others The House was this day called and the defaults noted upon a former Motion this day made by Sir John Parrot by her Majesties Pleasure upon some intelligence given to her Highness of the small number of the Members of this House presently attending the service of the same the one half at the least supposed to be absent Mr. Vice-Chamberlain and the residue of the Committees returning from the Lords he shewed that according to the Commission of this House they prayed Conference with their Lordships touching such parts in the Bill concerning Houses of Husbandry and Tillage as this House had thought meet to be considered of and that thereupon their Lordships asked them if they then were ready for Conference Whereunto he and the residue Answered they were And thereupon the Committees of this House being sequestred their Lordships did send unto them a Committee of themselves unto whom he and the residue of the Committees of this House did impart the opinion of this House touching the said Bill together with such Amendments of the same as this House prayed their Lordships Assent and good-liking unto And that thereupon the Committees of the Lords willing the Committees of this House to stay a while for Answer went in again to the Lords and some of them shortly after returning brought from their Lordships this Answer That we of this House were possessed of the said Bill and might do therewith as should seem good unto us and that when it should come back again to them their Lordships would then likewise do therewith as they should think good On Thursday the 27 th day of March the Bill against secret Outlawries had its second and third reading and passed upon the Question The Councel learned both of the Earl of Warwick and also of George Ognell were brought into this House to the Bar and heard at large and then sequestred again and afterwards being called in again received their Answer of this House by the Mouth of Mr. Speaker Vide principium dici Martis diei 25 Martii instantis The Bill against Forestalling regrating and ingrossing had its first reading and upon another Motion was read again and upon the question Ordered to be ingrossed The Amendments and a Proviso in the Bill for maintenance of Houses of Husbandry and Tillage being thrice read and the Bill read the third time the said Bill Amendments and Proviso passed upon the question Mr. Doctor Cary and Mr. Doctor Stanhop do bring from the Lords the Bill for the relief of the City of Lincoln with some Amendments of their Lordships unto the same with further Advertisement from the Lords that their Lordships do suspend their proceeding in the Bill for continuance and perfecting of certain Statutes lately sent from this House to their Lordships until their Lordships do hear from this House of the Proceedings of this House in the Bill for maintenance of Houses of Husbandry and Tillage The Bill against privy and secret Outlawries and the Bill with Amendments and Proviso lately passed in this House are sent up to the Lords by Mr. Vice-Chamberlain and others Nota That both the sending down of the former Bill from the Lords and the sending up of this latter to their Lordships are omitted in the Original Journal-Book of the Upper House where it should seem there being no Bill read the Clerk of that House being then Anthony Mason did very negligently omit the Entrance of any thing else besides the continuance of the Parliament to a further day The Bill to avoid Horse-stealing had its third reading and passed upon the question On Friday the 28 th day of March the Amendments of the Lords in the Bill touching forcible Entries and also the Amendments of this House being all thrice read are agreed by this House upon the question to be passed accordingly The Bill against Forestalling Regrating and Ingrossing was upon the question and division of the House Ordered to be presently read for the third reading thereof viz. with the Yea fifty six and with the No thirty A Proviso to the same Bill was offered to the House and twice read and ingrossed and also once read for the
this Journal of the Upper House save only the return of divers unusual Proxies and a Speech used by her Majesty her self at the conclusion of the Parliament which also is supplied out of a certain Journal of the House of Commons very claborately taken by an Anonymus And Sir Christopher Haton the late Lord Chancellor being dead since the last Parliament whose death was occasioned from the grief he conceived at some harsh Speeches of her Majesty used unto him touching divers great sums due unto her from him Sir John Puckering her Highness Serjeant who had been twice before Speaker or Prolocutor of the House of Commons succeeded him in the full power and priviledges of his place though not in his title he having only the Stile of Lord Keeper of the Great Seal of England The Summons for this Parliament being Returnable upon this Monday the 19 th day of February it held accordingly the Queen coming privately by water accompanied with Sir John Puckering Lord Keeper of the Great Seal and many of the Lords Spiritual and Temporal There being present this day these Peers and others ensuing Archiepiscopus Cantuarien Johannes Puckering Miles Dominus Custos magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Wintoniae Comites Comes Oxon. Magnus Camerarius Angliae Comes Darby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Cantiae Comes Wigorn. Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembroke Comes Hartford Comes Essex Comes Lincoln Vice-Comes Bindon Episcopi Episcopus London Episcopus Dunelmen Episcopus Assaphen Episcopus Cestren Episcopus Covent ' Lich. Episcopus Lincoln Episcopus Petriburgen Episcopus Hertf. Episcopus Cicestren Episcopus Bangor Episcopus Wigorn. Episcopus Landaven Episcopus Salopiae Episcopus Bathon Wellen. Barones Dominus Howard mag Maresc ' Adm. Angliae Dominus Hunsdon Camerarius Reginae Dominus Strange Dominus Morley Dominus Stafford Dominus Grey Dominus Scroope Dominus Montjoy Dominus Sandes Dominus Windsor Dominus Cromwell Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Sheffield Dominus North. Dominus Shandois Dominus St. John Dominus Buckhurst Dominus De la Ware Dominus Crompton Dominus Norris And the Queen and the Lords Spiritual and Temporal having on their Parliamentary Robes and having seated themselves in their several places The Knights Citizens and Burgesses of the House of Commons had notice thereof and repaired to the Upper House Where contrary to the Ancient use and Custome they found the door shut upon them which happened by reason that divers of the House and others having gotten in privately before and filled up the place at the Bar or Rayl at the lower end of the said House Sir John Puckering Lord Keeper of the Great Seal by Commandment from her Majesty had already made some enterance into his Speech before the said Knights Citizens and Burgesses had any Notice of it who sate in their own House expecting to be called up to the said Upper House upon her Majesties coming But the door at length being opened by her Majesties Commandment about two of the Clock in the Afternoon as many as conveniently could were let in Where the Lord Keepers Speech was directly in these words following or not much differing from them He shewed in the first place as matter of Preface and Ornament not much material somewhat touching the Antiquity Nature and use of Parliaments Then he came to set forth as the principal matter which her Majesty did desire to have made known and manifest to all her loving Subjects the great Malice of the King of Spain which he had towards this Realm And that he shewed by sundry instances as his last Invasion intended his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma And then he proceeded in the rest of his Oration verbatim or much to the intent and purpose sollowing The high and mighty Ships that then he prepared and sent for that purpose because he found them not fit for our Seas and such a purpose he is building of Ships of a less Bulk after another Fashion some like French Ships some like the Shipping of England and many hath he gotten out of the Low Countries He is now for the better invading of England planting him in Britanie a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds of that Country In Scotland he hath of late wrought most of the Nobility to conspire against their King to give Landing to his Forces there and to assist him in his Invasion thither A greater part of the Nobility in Scotland be combined in this Conspiracy and they have received great Sums of Money for their service therein And to assure the King of Spain of their assistance they have Signed and sent their promises sealed to the King This Conspiracy the King of Scots was hardly brought to believe but that her Majesty advertised him thereof having entertained Intelligence thereof as she hath of all things done and intended in those parts And that the King might better advise thereupon her Majesty hath sent one of her Noblemen now into Scotland and the King hath assured her Majesty with all his Ability and endeavour to prevent the Spaniard whose purpose is on the North parts to assault us by Land and on the South side to invade us by Sea which is the most dangerous practice that could be devised against us And now the rage of this Enemy being such his Forces joyned with other Princes his Adherents greater the charge of her Majesty for defence of her Realm both with Forces by Sea and Armies by Land hath been such as hath both spent the Contribution of her Subjects by Subsidies and what otherwise they have offered her and also consumed her Treasure yea caused her to sell part of her Highness's Crown And it is not to be marvelled how all this is consumed but rather to be thought how her Majesty could be able to maintain and defend this her Realm against so many Realms conspired against us Wherefore we her Majesties Subjects must with all dutiful consideration think what is fit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an insupportable Charge Were the cause between Friend and Friend how much would we do for the relief one of another But the Cause is now between our Soveraign and our selves seeing there is so much difference in the Parties how much more forward ought we to be The Aid that formerly hath been granted unto her Majesty in these like Cases is with such slackness performed as that the third of that which hath been granted cometh not to her Majesty A great shew a rich grant and a long summ seemeth to be made but it is hard to be gotten and the summ not great which is paid
treble Subsidies and like proportionable Fifteenths and 〈◊〉 and some by other sorts of benevolences resolved upon the question that the former Committees of this House for consultation to be had for necessary supply of Treasures to be had for the repelling of the said dangers should meet in this House in the Afternoon of this present day to confer and consult generally touching the said great dangers as also touching the remedies that the same being digested may be reported over unto this House into such form as to the same shall be thought good to the end that afterwards it may in the Afternoon be imparted unto the Lords accordingly Nota That there is no more of this days Passages found in the Original Journal-Book of the House of Commons although there followed divers Speeches upon the foregoing Motion of Sir Thomas Heneage her Majesties Vice-Chamberlain concerning the great business of supply to be given to her Majesty all which are therefore inserted out of that foresaid Anonymous Journal taken by some Member of the said House during this Parliament which are there set down with very little alteration added to them in manner and form following Sir Thomas Cerill speaking next after Sir Thomas Heneage had ended his former Speech said that three Subsidies might be set down to be paid in four years and to be charged upon men of ten pound and upwards to spare them that were under Sir Henry Knivet affirmed the poverty of our Country against the reasons used The principal reason of our poverty he said was because we brought in more Foreign Wares than we vented Commodities and so by this means our money was carried out of our Country Alledging it to be like a Pond fed with a Spring but having a breach through which more passeth than cometh in so c. He made these two Motions First that the Queen should be helped by a survey taken of all mens Lands and Goods in England and so much to be yearly levyed as to serve the Queen to maintain Wars the proportion being set a hundred thousand pound yearly And secondly if this were misliked every man upon his word and power to deliver what were the profits of his Lands and worth of his goods and so a proportion to be had accordingly Sir Francis Hastings said The preparations of the Enemies Forces are both ready and great and intus they conspire therefore a great Aid must be yielded And I could wish three Subsidies to be levyed in this matter in the first of them those to be charged of five pound Lands and five Marks Goods in the second those of twelve pound Lands and eight pound Goods and in the third all to be charged as these have been Sir Walter Raleigh Answered them that spake of the Poverty of the Land which they argued by the multitude of Beggars he gave these reasons That the broken Companies in Normandy and the Low Countries who returned maimed hither never went back again to the Towns from whence they came For a multitude of Clothiers take their Looms into their own hands spinning their Wooll themselves and except we would work unto them better cheap than they can make themselves they will set none on work This grossing of so many Trades into their own hands beggereth so many as usually lived by the Trade He thought it inconvenient to have so many mens livings surveyed For many are now esteemed richer than they are and if their Land and Wealth were surveyed they would be found Beggars and so their credit which is now their Wealth would be found nothing worth He reported of his own knowledge that the West Country since the Parliament begun had taken from them the worth of four hundred and forty thousand pound They of Newcastle lie still for fear because Burdeaux Fleet was taken this year by the Enemy For the Enemy approaching us and being our Neighbour as he is gotten to be our Trades will decay every day and so our poverty encreaseth every day more and more And this is most certain the longer we defer Aid the less able shall we be to yield Aid And in the end the greater Aid will be required of us And so sparing them now we shall charge them when they shall be less able to bear it For this is most true one hundred thousand pound would have done the last year that which three will not now do and three will do this year that which six will not do hereafter So in conclusion he agreed to three Subsidies in them the three pound men to be spared and the summ which came from them to be levied upon those of ten pound and upwards and the payment to be speedy Sir Henry Umpton agreed that there should be three Subsidies granted according to the old payment only that a care should be had of assessing it on them that were best able And his conclusion was that it might be soon agreed upon for so it would be more acceptable because Tardè velle nolle instar est Sir Edward Stafford thought Subsidies were not so fit a remedy for the dangers we were in but advised rather there being ten thousand Parishes in England that it should be imposed on every Parish to find so many men for the Wars and the richer Parishes to help the poorer And the allowance for every man yearly to be twelve pound After this he moved to have the Parliament Prorogued Sir Francis Drake described the King of Spains strength and cruelty where he came and wished a frank Aid to be yielded to withstand him and he agreed to three Subsidies Serjeant Harris moved for three Subsidies but the ancient custom of payment to be retained besides no three pound men to be excused for then every man will labour by his Friend to be set three pound And that it was not needful to find men for the Field For by the Tenures of which there are three in England this is provided for The first Chivalry that is to do service in the Field the second Socage that is to find us victum vestitum by the Plough the last Frankal moign who are to pray for us to God Now every one by whom fealty is to be done by his Tenure he is to be forty dayes in the Field with his Lord. Sir Robert Cevill said I am glad to see the willingness of the House and readiness to yield Aid and having a feeling of the necessity requiring it my desire is that the Sentence which had had so many Parentheses might now be brought to a Period and the Bears Whelp that hath so many times been licked over might now be made somewhat For that is always the most Honourable Conclusion which having received many Contradictions is in the end concluded So he desired this matter of Subsidying might be committed to some special Committees in the Afternoon Sir John Fortescue thought it liberal to grant three Subsidies but did assure of his proper knowledge that three
be thought ill or hurtful unto the general State And I would be sorry to see within this Kingdom that piece of Ovids Verse prove true jam seges ubi Troja fuit so in England instead of a whole Town full of people nought but green Fields but a Shepherd and a Dog The Eye of Experience is the sure Eye but the Eye of Wisdom is the quick-sighted Eye and by Experience we daily see Nemo putat illud videri turpe quod sibi sit quaestuosum And therefore there is almost no Conscience made in destroying the savour of the life Bread I mean for Panis sapor vitae And therefore a strict and rigorous Law had need to be made against those Viperous natures who fulfil the Proverb Si non posse quod vult velle tamen quod potest which if it be made by us and life given unto it by Execution in our several Counties no doubt but they will prove Laws tending to Gods Honour the renown of her Majesty the same of this Parliament and the everlasting good of this Kingdom And therefore I think them worthy to be read and received Thus far out of the aforesaid fragmentary and imperfect Journal that which follows is out of the Original Journal-Book it self In the end of which said Speech as it should seem the said M r Bacon did move the House that a Committee might be appointed to consider of the said matter touching Inclosures Which done Sir John Fortescue Chancellor of the Exchequer in like manner shewed his opinion in this Case much answerable to the said Speech of the said M r Bacon and so moving for a Committee to that end the House did nominate all the Privy Council being Members of this House all the Knights of the Counties and all the Citizens of the Cities returned into this present Parliament Sir Edward Hobby M r Francis Bacon M r Nathaniel Bacon Sir Wiliam Moore M r Sollicitor M r Finch and divers others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon of this present day M r Finch shewing sundry great and horrible abuses of idle and vagrant Persons greatly offensive both to God and the world And further shewing the extream and miserable estate of the Godly and honest sort of the poor Subjects of this Realm moved for a Committee of this House to be selected for consideration to be had for redress thereof Whereupon the same was referred to the former Committees in the Bill touching Inclosures and converting of Tillage into Pasture M r Speaker putteth the House in remembrance for a Committee to be nominated to deal and travel in the examination of such Causes as shall occur in this House touching Priviledge and Returns during this present Sessions of Parliament and from time to time to make Report to this House of their travel and proceedings therein as occasion shall serve Whereupon were nominated all the Privy Council being Members of the House Sir William Moore M r Recorder of London Sir Thomas Knivet M r Attorney of the Dutchy M r Attorney of the Court of Wards M r Doctor Heyward Master of the Requests M r Luke M r Edward Lukenour M r William Cecill M r Robert Wroth Sir William Eyre Sir Francis Hastings M r Miles Sandes M r Michael Stanhop M r Francis Bacon Sir Edward Hobbie M r Sollicitor M r Tasbrough M r Conisby M r George Moore Sir Edward Hastings M r Finch M r Crew M r Peak M r Serjeant Hayle M r Lyel M r Jeram Horsey M r Hubbard M r Amersam M r Edward Boer M r Litten M r Nathaniel Bacon M r Angeire M r Combes and M r Robert Knolls who were appointed to meet upon Monday next at two of the Clock in the Afternoon in the Star-Chamber Sir Thomas Knivet being a Member of this House returned one of the Citizens of the City of Westminster shewed unto this House that being a Member of this House he was since the beginning of this Parliament served with a Subpoena to appear in the Chancery which he taketh to be done to the infringing of the priviledge and liberties of this House Wherein praying the consideration of this House in that behalf he is referred to attend the Committees formerly nominated at the said time and place before appointed Vide November 9. The Bill for taking away of Clergy from Offenders against a Statute made in 3 Hen. 7. concerning the taking away of Women against their wills unlawfully was read the first time On Monday the 7 th day of November Four Bills of no great moment had each of them one reading of which the last being the Bill against Forestallers Regrators and Ingrossers was upon the second reading committed unto M r Chancellor of the Exchequer M r Francis Bacon the Citizens for London York Coventry Bristol and Gloucester M r Nathaniel Bacon and others who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon and the Bill and Committees names were delivered upon Tuesday next following to M r Chancellor of the Exchequer one of the Committees The Bill for taking away of Clergy from Offenders against a Statute made in the third year of H. 7 th concerning the taking away of Women against their wills unlawfully was upon the second reading committed unto M r Sollicitor M r Peutridge M r Recorder of London M r Bayes Mr. Finch Mr. Bourcher and Mr. Duport to go presently together into the Committee Chamber of this House who taking the Bill with them and returning again very soon after they had inserted into the Bill these words viz. hereafter to be committed Which words being read unto the House and not well liked of were strucken out and these words were set down therein by the consent of the House viz. to be committed after the end of this present Session of Parliament and were then twice read And so the Bill upon the question was Ordered to be ingrossed On Tuesday the 8 th day of Nov. Two Bills of no great moment had each of them one reading of which the second being the Bill touching the transporting of Sheep-Skins and Pelts was read the first time Mr. George Moore shewed the great and burthensome charge of the Subjects of this Realm being compelled upon great penalties with the keeping and having of sundry sorts of Armour and Weapons which are altogether unprofitable for any use or service and are charged nevertheless with the finding and providing of such other Armour and Weapons besides from time to time as the Captains which were appointed to take charge upon any occasion of service will call for and appoint at their own pleasure And so for redress thereof and for some certainty to be set down by Law touching the having and keeping of such Armour and Weapons moved that a selected number of this House may be appointed to have Conference and consideration about the same Whereupon were
Town of Northampton Mr. Edward Mountague Sir Edward Hobbie and others And the Bill was delivered to Sir Thomas Cecill All which were appointed to meet at two of the Clock in the Afternoon of this day at Sir Thomas Cecill's House Sir Edward Hobby one of the Committees for the Information of Grants lately moved in this House in Ecclesiastical Causes moved for a new day of meeting Whereupon Monday next in the Afternoon was appointed for the same and to be in this House Nota That although her Majesty had formerly been exceeding unwilling and opposite to all manner of Innovations in Ecclesiastical Government yet understanding at this Parliament of divers gross and great abuses therein she had on Monday the 14 th day of this instant November foregoing not only given leave and liberty to the House of Commons to treat thereof but also had encouraged them to proceed in the reformation thereof by a Message brought unto the said House by Sir John Fortescue Chancellor of the Exchequer Whereupon the aforesaid Committee here mentioned by Sir Edward Hobby was appointed Touching whose further proceedings in the said matter see on Monday the 21 th and on Tuesday the 22 th day of this instant November ensuing The Bill for keeping of Horses from stealing was upon the second reading committed unto M r Hubberd Sir Robert Wroth M r Maynard M r Portington Sir William Brereton M r Henry Nevill M r Pennington and others And the Bill and Committees names were delivered to M r Hubberd who with the rest was appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall The Amendments in the Bill against Forestallers Regrators and Ingrossers were twice read and the Bill was committed to the former Committees who were appointed to meet on Monday the 7 th day of this instant November foregoing And there were added unto them M r Hext Sir Robert Wroth M r Francis Moore M r Litton M r Henry Maynard Sir George Carew M r Henry Hubberd all Barons of Ports and Sir Nicholas Parker who were appointed to meet to Morrow in the Afternoon in the Middle-Temple Hall And the Bill was delivered to M r Francis Moore and M r Lawrence Hide The Proviso which came from the Lords in the Bill from taking Clergy from certain Offendors and lately passed in this House and sent up unto their Lordships was three times read and passed upon the question M r Hext one of the Committees in the Bill for the Town of Langford Estover who were appointed on Thursday the 10 th day of this instant November foregoing shewed the meeting of the Committees and many Causes wherefore he thinketh the Bill very unmeet to have any passing in this House Whereupon none offering to speak for the said Bill the same was rejected upon the question for ingrossing The Bill for repeal of a Statute of the twenty third of the Queens Majesty Intituled An Act for encrease of Mariners and maintenance of Navigation had its first reading And after some Speeches both with the Bill and against it it was in the end passed upon the question Sir John Fortescue Chancellor of the Exchequer shewed unto the House that this Afternoon being appointed for two Commitments the one touching Monopolies and Patents of Priviledge and the other for the true Answering of the Tenths and Subsidies from the Clergy to her Majesty in both which himself is a Committee amongst others and that himself and M r Secretary Cecill are specially commanded to wait upon her Highness this Afternoon and therefore cannot attend the said Commitments and so moving for a new day of meeting wished the same to be upon Saturday next at two of the Clock in the Afternoon Which albeit it was well liked of and yielded unto by some yet was it over-ruled by number of Voices That as concerning the said Monopolies and Patents of Priviledge the said Commitments should be continued to be held in the Afternoon of this present day in this House Vide plus touching this business on Tuesday the 8 th day of this instant November foregoing On Thursday the 17 th day of November Two Bills of no great moment had each of them one reading of which the last concerning the Lands and Debts of Sir Henry Unton Knight deceased had its first reading M r Thomas Jewks is added to the former Committees for Examination of Priviledges and Returns who were appointed on Saturday the 5 th day of this instant November foregoing and are to meet this Afternoon in the Middle-Temple Hall The Bill also for erecting of Houses of Correction and the punishment of Rogues and Sturdy Beggars was read the first time On Friday the 18 th day of November Twelve Bills had each of them one reading of which the last being the Bill for erecting of Hospitals or abiding or Working-Houses for the Poor was upon the second reading committed unto Sir John Hart M r Recorder of London M r Tasbrough all the Readers of the Middle-Temple M r Boyce M r Henry Bellasis and others And the Bill was delivered with the Committees names to the said M r Boyce who with the rest was appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers who were appointed on Monday the 17 th day of this instant November foregoing shewed that the Committees have withdrawn out of the said Bill those points that concerned Corn Grain and other Victuals and have framed a new Bill for that purpose Intituled An Act to make void Contracts upon Ingrossing of Corn Grain or Victual which had its first reading And the old Bill for as much thereof as was not withdrawn was upon the question Ordered to be ingrossed Sir Francis Hastings M r Francis Bacon and M r Secretary moved touching the further preparing of the Bills for the re-edifying of Houses and encrease of Tillage Whereupon after some other Speeches it was resolved that the Committees therein should meet again for the same this Afternoon in this House The Bill against dying of Cloths with black Wood alias Logwood was upon the second reading committed unto the Citizens for London York Coventry Canterbury Bristol the Burgesses of Hull and Redding M r Finch and others And the Bill was delivered to Sir John Hart who with the rest was appointed to meet in the Guild Hall upon Tuesday next at two of the Clock in the Afternoon M r Sherley one of the Committees for continuance of Statutes who were appointed on Friday the 11 th day of this instant November foregoing shewed that the greater number of the residue of the Committees being Yesterday imployed in sundry other Committees could not be present at the same Committee and so prayed another day of meeting Whereupon Monday next at two of the Clock in the Afternoon was appointed at the former place viz. the Inner-Temple Hall The Bill to restrain the carrying of Worsted-Yarn
Presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is not at all marked in the Original Journal Book of the Upper House although this entrance following of the said day be there thus Recorded viz. Die Mercurij 25. die Januarij proceres tain Spirituales quam Temporales quorum nomina subsequuntur presentes fuerunt But before this Title there is nothing specified touching the presence of her Majesty or of any of the Lords for the Letters which should be set at the beginning of the names of such Peers as this day attended her Majesty in the Upper House are not at all prefixed to any of them which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the Upper House Yet most certain it is that her Majesty Sir Nicholas Bacon the Lord Keeper the Duke of Norfolk and divers other Peers were present but the direct manner of the ranking of them in respect of the negligent omission of setting the Pr. as aforesaid at the beginning of every Lords name that was present could not be orderly and and directly entred in his place although this was the first day of this first Parliament of her Majesty nor on Saturday the 28th day of this instant January being the second day of the same because by like negligence of Francis Spilman Esq at this time Clerk of the Upper House there is no presence of any Lords there set down in the Original Journal Book of the same House nor any mention of the Speakers presentment by the Knights Citizens and Burgesses of the House of Commons and therefore of necessity it could not be supplied until the third day of this foresaid first Parliament of her Majesty being Monday the 30th day of this instant January on which day the names of all the Lords Spiritual and Temporal being entred the Letters Pr. are prefixed before the name of the Lord Keeper and of such Peers as were then present as see at large on the said Monday next ensuing and therefore that President there so expresly Transcribed may serve as a Pattern for all the residue that follow in all the Journals of the Upper House during her Majesties Reign in which there are no other names inserted but of such Lords as were marked to be present unless it be upon Thursday the 21th day of March following in the afternoon in this present Journal and on Fryday the 15th day of January in the Session of Parliament A. 5. of her Majesty in the Journal of the Upper House And although the names of her Majesty and the Lords that attended could not be exactly set down yet it will not be impertinent in the next place to insert the manner of their sitting in the said House which being not at all mentioned in the aforesaid Original Journal Book of the same A. 1. Reg. Eliz. I have therefore partly supplied it according to 3 other Presidents in these ensuing Journals on which the first was on Thursday the 12th of Jan. in the Session of Parliament A. 5. Reg. Eliz. the second on Wednesday the 2d day of Octob. pomerid ' in the second and last Session of that Parliament being held in A. 8. Reg. 〈◊〉 and the third on Monday the 2d day of Apr. in the Parliament A. 13. Regin praedict ' all which do follow in the several Journals of the Upper House Annis praesatis and it is partly supplied also out the Printed Statute A. 31. H. 8. C. 10. and partly out of that elaborate written Treatise intituled Modus tenendi Parliament ' apud Anglos first confusedly gathered by Wil. Bowyer Esq as I conceive and now lately digested into a Methodical Treatise and enlarged by H. Essing Esq at this time Clerk of the Upper House viz. in A. 1630. L. 1. C. 3. de loco modo sedendi Sect. 3. of the manner of sitting in Parliament at this day Her Majesty sate in the Chair of Estate and when she stood up her Mantle was assisted and born up from her Arms by two Noblemen or others of Eminent Rank thereunto appointed The Two Seats on the right and left-hand of the Chair of Estate were void in respect that the first was Anciently for the King of Scots when he used to come to our Parliaments and the other on the left hand is for the Prince the immediate Heir of the Crown On the Form on the right side of the Chair of Estate which stands on the North-side of the Upper House sate the Spiritual Lords the Archbishop of York beginning the Form and the Abbot of Westminster ending it Who was the last Abbot that ever sate in the said House in England since this first Parliament of her Majesty But at this day the two Archbishops sit upon one Form by themselves and then the other Bishops in order upon two Forms on the right hand of the State the Bishop of London sits first the Bishop of Durham second and the Bishop of Winchester hath the third place and then all other Bishops according to the Antiquity of their Consecrations On the left side of the Chair of Estate which is on the South-side of the Upper House upon the foremost Form sate all the Temporal Lords above the degree of Barons The Marquess of Winchester Lord Treasurer of England beginning that Form and the Viscount Bindon ending it The Barons sate on the second Form on the left hand of the State and it should seem at this Parliament as it fell out also in the next Sessions following in A. 5. Regin Eliz. on Tuesday the 12th day of January that one Form held them all so as the Lord Clinton Lord Admiral of England began the said Form by reason of his Office and the Lord St. John of Bletsoe ended it But at this day the number of Peers being much encreased divers of the Barons do sit upon other Forms Places Cross-ways at the lower end of the House Sir Nicholas Bacon the Lord Keeper because he was under the degree of a Baron as also her Majesties chief Secretary being but a Knight were to have been placed at the uppermost part of the sack in the midst of the said House upon one Form by the fore recited Statute A. 3. H. 8. Cap. 10. But at this present Parliament as also at this day during her Majesties being present the Lord Keeper stood behind the Cloth of Estate on the right-hand and when her Majesty was absent then his Lordship sate on the first Woolsack which is placed athwart the House the Seal and Mace by him On the Woolsack on the North-side of the House and of the right-hand of the Estate sate the two Chief Justices and divers other Judges On the Woolsack on the left-hand of the Estate and on the South-side of the House sate the Master of the Rolls the Lord Chief Baron the Queen 's Learned Council and others And note That all these may properly besaid to sit on the Inner-side of
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
second time and Ordered to be ingrossed On Saturday the 11th day of February two Bills of no great Moment had each of them their third reading and were sent unto the House of Commons by Mr. Solicitor and Mr. Lewis of which the first was the Bill for explanation of the Statute of Seditious words and rumours Two Bills were brought up to the Lords from the House of Commons by Mr. Treasurer and others viz. The Bill of a Subsidy granted to the Queen's Majesty by the Temporalty and the Bill of a Subsidy of Tonnage and Poundage The said Mr. Treasurer being the Principal 〈◊〉 accompanied with divers other Members of the House of Commons came in the first rank of them to the Rail or Bar at the lower end of the Upper House and after three Congies made declared unto their Lordships That the Knights Citizens and Burgesses of the House of Commons had sent unto them two Bills of which he read the Titles and then Sir Nicholas Bacon Lord Keeper rising srom his seat came down to the Bar to receive them to whom the aforesaid Mr. Treasurer did in all humble manner deliver them and thereupon with the residue of his Company having made other three Congies departed On Monday the 13th of February the Bill for one Subsidy and two Fifteens and Tenths granted by the Temporalty was Read prima vice and Committed or rather reserr'd to the Queen's Attorny and Solicitor of which see a like improper Commitment on Saturday the 10th day of this Instant February foregoing in fine diei The Bill also of a Subsidy of Tonnage and Poundage was Read the second time but no mention is made that it was either referr'd to Committees or Ordered to be ingrossed and the Reason thereof was that this Bill had pass'd the House of Commons and was sent up unto the Lords on Saturday the 10th day of this instant February foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great Cause in respect that each House holding Correspondency with other they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the Wisdom of the whole House A second reason that sometimes a Bill may neither be reserred to Committees nor Ordered to be ingrossed upon second reading although it hath not Passed the House of Commons may be because Bills of Grace viz. for the Restitution of Blood of Naturalization and such like are sent to the House from her Majesty fairly ingrossed in Parchment and Signed with her hand which for the most part do pass the House without any Stop or Question A third and last reason thereof may be when the Lords defer the Committing or ingrossing of any Bill unto some other time as sell out in the Bill touching the Commission of Sewers in A. 13. Regin Eliz. which was Read secunda vice on Fryday the 20th day of April and referred to Committees on the day following although sometimes it may be omitted likewise through the negligence of the Clerk of the Upper House The Bill lastly whereby the Queen's Majesty was restored in Blood to the Late Queen Ann her Highnesse's Mother was read tertia vice Communi omnium procerum assensu conclus Custos magni Sigilli continuavit presens Parliamentum usque in diem Mercurij prox ' hora nona On Wednesday the 15th day of February The Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed vid. Consimil on Monday the 13th day of this instant February foregoing The Inhabitants of the Shires of Wales and County Palatine of Chester who are Charged as well with Mises as divers Subsidies now immediately due made Petition to the Lords to be respited and to have longer day for the payment thereof whereupon it was thought good by the Lords that the Queen's Majesty should be moved therein by the Lord Keeper of the Great Seal who having knowledge of her Will and Pleasure in that behalf signified the same unto the Lords according to which and for more Corroboration thereof it was in her Highnesse's name commanded that an Entry thereof should be made as followeth It is Ordered and Decreed by the Queen's Highness and assented unto by the Lords that in that year in which our Sovereign Lady the Queen's Highness shall award her Commission for the assessing and payment of any her Majesties Subsidies now due or by the Authority of this present Parliament to be due the Shires of Wales and Counties Palatine of Chester chargeable with the payment of the same and every of them shall not be charged or chargeable with the payment of the Mises now due to her Majesty nor in that year in which her Highness shall have payment of the said Mises the said Subsidies or any of them shall be paid by any the said Shires or County Palatine aforesaid Custos Magni Sigilli continuavit presens Parliamentum usque in diem Jovis prox ' bora nona On Thursday the 16th day of February the Bill of a Subsidy and two Fifteens and Tenths granted by the Temporalty being read tertia vice and by common consent concluded with certain Amendments to be inserted was delivered to Mr. Attorny and Mr. Vaughan to be carried to the House of Commons In which Bills sending down because both the manner of writing the said Amendments and the Subscription of the Lords under them do differ from all ordinary Proceedings if the Bill had Passed the Upper House without such Amendments therefore I have thought good to add the whole manner and form thereof according to a like President in the Original Journal Book of the House of Commons An. 39. 40. Regin Eliz. Decemb. 20th Tuesday although there be not mention there made in the Original Journal Book of the Upper House on this foresaid present Thursday the 16th day of February But because it is difficult to conjecture the Express manner of the Lords proceedings at this time therefore I can only apply the imitation of that President to this present occasion by probability The Lords having added certain Amendments to the Bill of Subsidy which had formerly Passed the House of Commons and been sent up from thence to their Lordships ingrossed in Parchment and so remained still the Bill of the same House did cause the said Amendments to be written in Paper and annexed them to the Bill shewing the Line and the place of the Line in the Bill where such words or Amendments should be put in and where any other former words in the Bill should be put out And then their Lordships subscribed or indorsed under the Superscription or indorsment of the House of Commons in the same Bill à Ceste Bille avecque les amendments à mesme le Bille annexe les
frequent as they need no further vouching And it is very well worthy the Observation that whereas in the Session of Parliament de an 8 Regin Eliz. when Richard Onslow Esq her Majesties Sollicitor was Elected and allowed Speaker by reason of the Death of Thomas Williams Esq who had been Speaker in the Session de an 5. Regin Eliz. and did Decease in the interim of the several Prorogations between the said two Sessions the said Richard Onslow did upon his Presentment to her Majesty and allowance by her only desire in the name of the House of Commons free access to her Majesty and did either ignorantly or wittingly omit to make those two other Petitions on their behalf for freedom of Speech and freedom from Arrests and Suits yet in the said Session de an 8 Regin Eliz. the House of Commons falling upon that great business of her Majesties Declaration of a Successor did use greater liberty of Speech than they had done or did before or after in any other Parliament during her Majesties Reign when the said Speakers did most precisely desire the allowance of the said priviledge of freedom of Speech from her Majesty And now thirdly and lastly touching that Petition which Sir Thomas Gargrave the Speaker made unto her Majesty for freedom from Arrests It is plain that the Commons and the Lords of the Upper House have not only always enjoyed the same for themselves and their necessary attendants but also have been exempted from Suits at Law during the continuance of the Parliament not only in legal Courts but in the very Court of Chancery Star-Chamber and such like unless some Criminal matter be laid unto their Charge which draws into question the life it self which I have caused to be inserted into the preceeding abstract of Sir Thomas Gargraves Speech because he either did Petition for freedom from Suits as well as for freedom from Arrests or he ought to have done it For it is plain by the close Rolls of Ed. 2. remaining in the Tower that the Barons and such others as were Summoned to Parliament in the seventh and eigth Years of his Reign were exempted from Answering to any Suits before tho Justices of Assize during the Parliaments continuance where the Proclamations sent to the said Justices for that purpose contain these words viz. Quod supersedeant ubi Barones alii summoniti ad Parliamentum Regis sunt partes vide Rot. Claus. de an 7 Ed. 2. Membrana 24. de an 8 Ed. 2. m. 22 23. And for the several Presidents how frequently the Members of the House of Commons were exempted both from Arrests and Suits during all the Parliaments of her Majesties Reign they are so many and fell out so often as may be seen by every ensuing Journal almost of the House of Commons that they need no vouching These Animadversions being thus added touching the Speakers Speech and the Petitions on the behalf of the House of Commons contained therein now follows the departure of the said Speaker being fully invested in his place by her Majesties allowance down unto the House of Commons out of the Original Journal-Book of the same with some Additions in matter of Form Sir Thomas Gargrave aforesaid being now setled in the place of Speaker after his humble reverence made unto her Majesty departed with the other Members of the House of Commons unto their own House the Serjeant of the same carrying the Mace all the way before the said Speaker which was in like sort born before him during this Parliament both when he repaired unto and when he departed from the said House The Speaker being placed in the Chair ..... Seymore Esq Clerk of the foresaid House of Commons who sate uncovered at a Table at the upper end of the House just before the Speaker stood up and read a Bill which had been treated of in the last Parliament being intituled The Bill touching felling of Wood and Timber Trees in Forrests and Chases which done kissing his hand he delivered the said Bill to the Speaker who standing up uncovered whereas otherwise he sitteth covered and holding the Bill in his hand said The Bill is thus Intituled and then having read the Title of the Bill as is before set down he opened to the House the substance thereof which it is most probable he did out of the Breviate which was filed to the Bill and had been delivered unto him together with the Bill by the Clerk of the House aforesaid which being done he then said This is the first reading of the Bill and so delivered it unto the Clerk again which ended the House arose which hath been the constant use and custom ever since as also divers years before that after the presentment and allowance of the Speaker one Bill be once read after his return from the Upper House unto the House of Commons On Monday the 30 th day of January the Bill for the avoiding of French Wares and Wines and the Bill touching any variance of Grants made by Corporations were each of them read the first time M r Treasurer with 23. others of this House whose names are wholly omitted in the Original Journal-Book of the House of Commons through the negligence of ..... Seymour Esq at this time Clerk of the same were appointed to meet together and to treat for a convenient Subsidy and also to consider touching the validity of the Writ of Summons both of the last Parliament and also of this present Parliament in which said Writ the words Supremum caput Ecclesiae Anglicanae were wanting vide February 3. postea On Tuesday the 31 th day of January it was agreed in the House that a Book for the Subsidy be drawn by several of the Committees On Wednesday the first day of February the Bill touching levying of Fines in the County Palatine of Durham and the Bill touching thicking of Hats or Caps in Mills were each of them read the first time The Bill also touching the grant of Tonnage and Poundage was read the first time On Friday the 3 d of Feb. the title of a Bill which had this day its second reading is thus entred in the Original Journal-Book of the foresaid House The Bill for felling of Wood and Timber in Forrests or Chases And under the entrance of the title of it in the Original Journal-Book of the House of Commons was written M r Sackvill by which it should seem that this Bill was committed upon the first reading to him and as it is probable to others also By which manner of entring the title of the said Bill it may plainly be collected that the Bill it self had at this time its second reading and was thereupon committed to M r Sackvill to whom it seemeth the Bill was delivered and others whose names are omitted the manner of which being there also left unmentioned I thought good to supply according to the usual Form both then doubtless used and at this day also The
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
which is contained in it I have thought it worthy the transcribing it being as followeth M r John Young after that the said Bill of Subsidy had been read the first time offered the House some Speech and silence being obtained he spake to this effect that the burden of the Subsidy and charge by Loans imposed by the Prince upon us and the charge of the richest and most noblest Prince being considered it were not amiss if it ------ But what should here follow is hard to be conjectured in respect that here the aforesaid Anonymous Journal breaketh off abruptly Sir Robert Read and M r Doctor Yale did bring from the Lords a Bill against Bulls c. procured from the See of Rome as a Bill amongst the residue of necessary Bills meet to be considered of and prayed Expedition for the reading and passing thereof The Bill for the Erection of seven Banks or Stocks of money was read the first time On Monday the 23 th day of April the Bill for Bristol which was committed on Thursday the 12 th day of this instant April preceeding and brought in by M r Comptroller on Saturday the 21 th day of the same Month foregoing was this day upon the Question Ordered to be ingrossed M r Serjeant Manwood M r Serjeant Lovelace M r Bell M r Mounson M r Baber M r Fenner M r Shute and M r Bedell are added to the former Committees for Vagabonds but it should rather seem that those were the first Committees appointed in this Bill and that this was the second reading thereof for on Friday the 13 th day of this instant April foregoing it had its first reading and in the mean time since between the said day and this present committing of it there is no mention made in the Original Journal-Book of the House of Commons that the said Bill was at all read the second time or committed The Bill for reformation of Promoters was read the first time and after many long Arguments rejected And M r Attorney of the Dutchy M r Recorder of London M r Sands M r Sampoole M r Bell M r Popham and M r Alford were appointed to make a new Bill and to meet in the Temple Church upon Wednesday next at two of the Clock in the Afternoon M r Norton M r Fenner and M r Fleetwood were appointed to draw a Bill for the preservation of Wood and to receive information of all such as for that purpose shall repair unto them The Bill against Bulls c. procured from the See of Rome was read the first time and M r Attorney of the Dutchy M r Serjeant Jeffry M r Wilbraham M r Yelverton M r Norton and M r Sands were appointed to consider of the Bill and to meet at the Temple Church at three of the Clock this Afternoon The Bill against untrue Demeanors of Tellors Receivors Treasurers and Collectors was read the second time and after many long Arguments was committed unto M r Chancellor of the Dutchy M r Chancellor of the Exchequer M r Heneage Mr. Attorney of the Dutchy Mr. Seckford Master of the Requests Mr. Bell Mr. Alford Mr. Iresby Mr. Yelverton Mr. Sampoole Sir John Thynne Sir Nicholas Arnold Mr. Norton Mr. Knivet Mr. Mounson and Mr. Dalton either to alter or add unto the Bill or else to make new Provisoes at their discretions and to meet at the Savoy upon Thursday next at two of the Clock in the Afternoon On Tuesday the 24 th day of April Three Bills had each of them one reading of which the third being the Bill against Fugitives was read the second time and after many long Arguments was upon the Question committed unto Sir Thomas Smith Mr. Bell Mr. Mounson Mr. Thomas Snagg and Mr. Yelverton who were appointed to meet in the Star-Chamber at two of the Clock in the Afternoon It was Ordered by the House that a Note be made against to Morrow of the Titles of all the Bills offered unto this House and to be then read to the end the House may make their choice with which of them they will first proceed On Wednesday the 25 th day of April Sir Robert Lane Sir Henry Gate Mr. Henry Knolles Sen. Mr. Astley Master of the Jewel-House Mr. Sands and Mr. Wentworth were appointed to attend the Lord of Canterbury his Grace for Answer touching matters of Religion Vide Apr. 6. antea May 17. postea at large The Bill for respite of Homage was read the second time and M r Recorder of London Mr. Fleetwood M r Sands and M r Baber were appointed to mend the Bill presently The Bill lastly for the Subsidy was read the second time On Thursday the 26 th day of April Two Bills of no great moment had each of them one reading and were Ordered to be ingrossed of which the second was the Bill for Conservation of Order and Uniformity in the Church The note of the Titles of the Bills being read it was Ordered that M r Treasurer Sir Arthur Mildmay Sir Thomas Smith Sir Christopher Heydon Sir Henry Gate Sir John Thynne Sir Nicholas Arnold M r Serjeant Manwood M r Serjeant Lovelace M r Stocks M r Alford M r Yelverton M r Fleetwood M r Norton and M r Dalton shall be Committees for appointing such Bills for the Common-Weal as shall be first proceeded in and preferred before the residue but not to reject any and are appointed to meet at the Star-Chamber to Morrow at two of the Clock in the Afternoon Nota That the appointing of the abovenamed Members of the House for the purposes aforesaid as it is in it self a very rare President and may prove worthy of often imitation so it should seem that the House was induced unto it upon a Message sent unto them from the Lords by M r Treasurer and others on Saturday the 21 th day of this instant April foregoing by which they advised them to expedite the more publick and necessary Bills and pass by those of less moment The two Bills concerning certain offences to be made Treason were twice read and upon the division of the House were Ordered to be joined together and made one Bill with the difference of thirty six Voices upon the said Division and after long arguing it was upon the Question Ordered to be ingrossed M r Sollicitor and Mr. Doctor Huick came from the Lords to demand Bills with speed if any were ready and were answered that within few days their Lordships shall receive some The Committees in the Bill against Fugitives as also in the Bill of Bulls c. procured from the See of Rome which were committed on Monday the 23 th day of this instant April foregoing were this day appointed to meet in the Star-Chamber at three of the Clock to Morrow in the Afternoon On Friday the 27 th day of April the Bill against Usury was read the second time and Ordered to be ingrossed Four Bills also had each of them their third reading and
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
Saturday last continued The Bill for the reviving of a Statute made an 8 Eliz. for the Town of Shrewsbury was returned from the House of Commons conclusa The Bill against delays in Judgment in the Common Law was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the House of Commons on Saturday the 28 th day of this instant June immediately foregoing In the Parliament Chamber where the Lords Spiritual and Temporal Assembled the day abovesaid in an 14 Regin Eliz. c. Whereas upon Complaint and Declaration made to the said Lords Spiritual and Temporal by Henry Lord Cromwell a Lord of the Parliament that in a Case between one James Tavernor against the said Lord Cromwell depending in the Court of Chancery for not obeying to an Injunction given in the said Court of Chancery in the absence of the Lord Keeper of the Great Seal at the Suit of the said Tavernor the person of the said Lord Cromwell was by the Sheriff of the County of Norfolk attached by virtue of a Writ of Attachment proceeding out of the said Court of Chancery contrary to the antient priviledge and immunity time out of memory unto the Lords of Parliament and Peers of this Realm in such case used and allowed as on the behalf of the said Lord Cromwell was declared and affirmed wherein the said Lord Cromwell as a Lord of Parliament prayed remedy Forasmuch as upon deliberate Examination of this Case in the said Parliament Chamber in the presence of the Judges and other of the Queens Majesties Learned Council there attendant in Parliament and upon Declaration of the opinions of the said Judges and Learned Council there hath been no matter directly produced or declared whereby it did appear or seem to the said Lords of Parliament there Assembled that by the Common Law or Custom of the Realm or by any Statute Law or by any President of the said Court of Chancery it is warranted that the person of any Lord having place and voice in Parliament in the like case in the said Court of Chancery before this time hath been Attached so as the awarding of the said Attachment at the Suit of the said Tavernor against the said Lord Cromwell for any thing as yet declared to the said Lords appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the Lords of this Realm Therefore it is the day and year aforesaid Ordered by consent of all the said Lords in Parliament there Assembled that the person of the said Lord Cromwell be from henceforth discharged of and from the said Attachment Provided nevertheless and so is the mind of the said Lords in Parliament plainly by them with one assent declared That if at any time during this Parliament or hereafter in any other Parliament there shall be shewed sufficient matter that by the Queens Prerogative or by the Common Law or Custom of this Realm or by any Statute Law or sufficient Presidents the person of any of the Lords of Parliament in such Case as this Case of the Lord Cromwell is ought to be attached or attachable then and from thenceforth it is by this order intended that to take place which so shall be shewed and warranted as above is said This Order or any thing therein to the contrary notwithstanding In the Original Journal-Book of the Upper House is no entrance of any continuance of the Parliament which seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the same House although it may very easily be gathered that the Parliament was continued unto some hour in the Afternoon of this present day and most probable it is that it was continued by the Lord Keeper because it appeareth without all question that he was present in the Afternoon Post Meridiem In the Afternoon the Queens Majesty as may easily be gathered was present with the Lord Keeper and divers Lords Spiritual and Temporal but their names through the great negligence of the above-named Anthony Mason Esq are not at all noted with the mark of being present neither are any of the passages of this Afternoon there entred saving only the Adjournment of the Parliament although it be most certain that her Majesty being present this Afternoon did put an end to this Session of Parliament by giving her Royal Assent to thirteen publick Acts and four private But yet there passed no Bill of her Majesties free and general pardon to the Subject nor of any Subsidies from them to her Majesty and the reason of it is plain because this Session of Parliament although some Statutes did of course pass in it was doubtless convocated chiefly for that great business touching the Scottish Queen of which there are divers passages in this proceeding Journal which see on Monday the 12 th day and on Wednesday the 28 th day of May on Tuesday the 10 th day and on Thursday the 26 th day of this instant June foregoing And therefore now lastly as touching the manner of her Majesties giving her Royal Assent to such Acts as passed in respect that it is matter of form and seldom differeth it is therefore supplied omitting that only which concerns the Bills of Subsidy and Pardon out of a draught thereof set down in the end of the Original Journal-Book of the Upper House in the Parliament de an 39 Regin Eliz. although it be omitted in that of this present Session of Parliament To every publick Act that passed after that it had been read the Clerk of the Upper House standing up did openly pronounce her Majesties Allowance in these French words following La Roigne le veult To every private Act that passed the said Clerk read the Queens Answer in these French words following Soit fait come il est desiré These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament read in these French words following La Roigne s'advisera The several Acts being thus passed the next matter that followed was the Adjournment of the Parliament which is Entred in the Original Journal-Book of the Upper House in the manner and form following Dominus Custos magni Sigilli ex Mandato Dominae Reginae adjournavit praesens Parliamentum usque in festum omnium Sanctorum proximum futurum By the Entrance of which Adjournment it doth plainly appear that her Majesty was present in respect that it is said that the Lord Keeper Adjourned the Parliament ex mandato Dominae Reginae And it is also worthy the observation that as the greatest part of the passages of this foregoing Monday on which this Session of Parliament ended are through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House
in some such matters as he hath favoured hath without Licence of this House spoken to the Bill and in some other Cases which he did not favour and like of he would prejudice the Speeches of the Members of this House with the Question On Friday the 17 th day of March the Bill for maintenance of Mariners and of the Navigation was read the third time The Bill against seditious words and rumors uttered against the Queens most Excellent Majesty which passed in this House yesterday was sent up to the Lords by M r Treasurer and all the residue of the Privy-Council being of this House and then present with others and also the Bill for the Borders wherein their Lordships are to be moved for the perfecting only of the sence in some parts of their Amendments that this House may proceed to their further dealing in the said Bill accordingly M r Serjeant Anderson and M r Doctor Gibbon did bring from the Lords again the Bill for the Borders amended according to the request of this House with Commendation also from her Majesty from the Lords of the Bill for the maintenance of Mariners and of the Navigation Whereupon the amendments being finished and three times read and passed upon the question the Bill was remanded unto their Lordships by M r Comptroller and others together with the Bill against deceitful stuff used in dying of Cloths wherein their Lordships are to be moved for the perfecting of some part of their Lordships Amendments sent by them to this House viz. the mistaking of a line in the Bill to the end that the same being done this House may proceed in perfecting of the said Bill accordingly in the said amendments M r Chancellor of the Exchequer M r Henry Ratclyffe Sir Thomas Sampoole M r Aldersey M r Wroth M r Cromwell Mr. Norton Mr. Alford and Mr. Grice were appointed to consider presently in the Committee Chamber of the Bill for maintenance of Mariners and of the Navigation The Bill for the Lord Zouch was read the third time M r Comptroller returning from the Lords brought word from their Lordships that they do add some amendments to the Bill against seditious words and rumors uttered against her Majesty and did pray that when their Lordships shall now forthwith send down the same Bill and amendments to this House it may then have speedy Expedition and did eftsoons recommend unto this House the Bill for maintenance of Mariners and of the Navigation Mr. Doctor Lewes and Mr. Doctor Clark did bring word from the Lords that their Lordships do pray present Conference with half a score of this House touching the Bill against seditious words and rumors uttered against her Majesty And thereupon were appointed Mr. Treasurer Mr. Comptroller Mr. Chancellor of the Exchequer Mr. Vice-Chamberlam Sir Thomas Sampoole Mr. Doctor Dale Master of the Requests Mr. Recorder of London Mr. Cromwell Mr. Cowper and Mr. Alford to confer with their Lordships accordingly Vide concerning this matter on Wednesday the first day of February foregoing M r Doctor Lewes did bring from the Lords the Bill for abolishing certain deceitful stuff used in the dying of Cloths with the reformation in their Lordships said amendments done and made according to the Request of this House to their Lordships in that behalf It is Ordered upon the Question that the Bill for the Lord Zouch be committed to be reformed by M r Treasurer M r Chancellor of the Exchequer M r Cromwell M r Wentworth M r Snagg M r Diggs M r S t Leger M r Lewkenor M r Carleton and M r Ameredith and appointed to meet in the Exchequer Chamber this Afternoon Vide de ista materia on Tuesday the 14 th of this instant March foregoing Mr. Treasurer and others coming from Conference with the Lords Mr. Treasurer declared that their Lordships have delivered unto them certain notes in writing to move unto the House touching the Bill against seditious words and rumors uttered against her Majesty which notes in writing were by Mr. Vice-Chamberlain declared that their Lordships would feel the opinion of this House whether this House could be content to leave in force unrepealed so much of the Statute of the first and second of King Philip and Queen Mary as concerneth such matter as in this said Bill is not provided for or met with as partly touching slanderous words against Noblemen and the Lords of the Clergy And further whether this House can like to have the words directly or indirectly added to the said Bill in such parts thereof as do make mention of tending to her Majesties Death It was upon the Question of these Motions to the House in these points resolved That the repeal of the said Statute of the first and second of King Philip and Queen Mary should stand in sort as it is already passed by this House in the said Bill for that her Majesty may at any time by her Commission renew or receive thereof repealed at her Highness Pleasure And also that these words or any words directly to that effect shall be put in and inserted in their Lordships said notes to be added to the said Bill in that part thereof which maketh mention of any person willing wishing or desiring her Majesties Death Vide concerning this matter on Wednesday the first day of February foregoing On Saturday the 18 th day of March the Amendments and Proviso in the Bill against certain deceitful stuff used in the dying of Cloths was read the third time and passed upon the question Mr. Cromwell one of the Committees for Examination of the returns and defaults noted upon the last calling of the House made report unto the House of the state of the same Examinations Whereupon after sundry Motions and Arguments it was resolved by the House That all such Persons as have not been duly returned into this present Parliament as in lieu and place of others absent being either sick or employed in her Majesties Services or otherwise and not dead shall be for this time holden excused of their attendance and of their sitting in this House until this present time but shall from henceforth stand and be utterly discharged and disabled of their said rooms and places in the stead of such other persons not being dead unless special Order shall be therein taken by this House to the contrary And then perusing the said returns and defaults and also the former Precedents of this House in like Cases it is adjudged and Ordered by this House That Edward Flowerdewe Esq Serjeant at Law and who the last former Session of this present Parliament did stand and appear a Burgess of Castle-Riseing in the County of Norff. and was nevertheless returned into this present Session of Parliament a Citizen for the City of Norwich in lieu and place of Thomas Beamont sick shall still stand and remain in his place for Castle-Riseing and not for the said City of Norwich And for as much also as it is
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and the Isles The Archbishop of York the Earl of Oxford Great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
touching Collectors of Issues by Juries was upon the second reading committed unto Mr. Cromwell Mr. Nathanael Bacon Mr. Henry Barkley and others and the Bill was delivered to the said Mr. Barkley who with the rest was appointed to meet in the Middle-Temple Hall to Morrow at two of the Clock in the Afternoon The Lords did this Morning send down to the House of Commons a Bill touching the assurance of certain Lands to Sir Thomas Lucy Knight and others The business of Mr. Arthur Hall of which the House had been informed upon their first meeting this Morning was before the rising of the House referred to Mr. Wolley Mr. Cromwell Mr. Diggs and Mr. Sandes to peruse the order touching the same against Monday next being the day appointed by the House for the said Mr. Hall to appear before them On Monday the 14 th day of December further day was given unto the Committees for the Bill touching Tanners c. and to meet at the Yeeld-Hall alias Guild-Hall to Morrow at two of the Clock in the Afternoon The Bill for Confirmation of Letters Patents granted unto Walter Rawleigh Esquire for the discovery of Foreign Countries was read primâ vice Three Petitions touching the liberty of Godly Preachers and to exercise and continue their Ministries and also for the speedy supply of able and sufficient men into divers places now destitute and void of the ordinary means of Salvation were offered unto the House the first by Sir Thomas Lucy the second by Sir Edward Dymock and the third by Mr. Gates which were all thereupon read and further proceedings therein deferred until a more convenient time Vide concerning this matter on Monday the 22 th day of February following and more largely on Thursday the 25 th day of February ensuing Which notwithstanding Doctor Turner a little after rose up and put the House in remembrance of a Bill and Book heretofore offered by him unto the said House which had been digested and framed by certain Godly and Learned Ministers and which said Bill and Book did tend to no other end as he conceived than the Glory of God the Safety of her Majesty and the benefit of the Common-Wealth and therefore prayed that it might be read Against which Sir Francis Knolles Knight Treasurer of her Majesties Houshold spake first but in few words and after him Sir Christopher Hatton Knight her Majesties Vice-Chamberlain more largely who pressed and moved the House so far therein that it was at length resolved that the said Book and Bill should not be read But touching all necessary and fit liberty of the aforesaid Ministers or supply of able men in places that wanted they did not doubt but that her Majesty would take some speedy order concerning the same according to whatsoever was justly required either in the aforesaid Petitions that had been read or in the last mentioned Book and Bill the reading whereof had been forborn of which also the said Mr. Vice-Chamberlain did affirm that he doubted not but that it would be done accordingly Vide concerning this business on Saturday the 27 th day of March following He also further moved that for the better and more speedy expedition of other great matters now in hand this Court would be pleased to appoint to sit again at two of the Clock this Afternoon to give reading to a Bill but now lately finished wherein provision was made for the safety and preservation of the Queens Majesties most Royal Person Which he the rather desired because he conceived that this House would very shortly be adjourned till after Christmas The Bill against fraudulent Conveyances was read the third time Post Meridiem In the Afternoon the before-mentioned Bill for provision to be made for safety of the Queens Majesties most Royal Person and the quiet State of the Realm was read the first time The Bill also for provision of maintenance for Ministers and Preachers in Towns Corporate c. was after the second reading and much dispute put to the question whether it should be committed and upon the division of the House the major part of the Voices fell out to be against the commitment After which also upon another Question whether it should be ingrossed or no the Bill it self was lastly upon another division of the House dashed The Bill lastly for Confirmation of Letters Patents made unto M r Walter Rawleigh was read the second time and committed unto M r Vice-Chamberlain M r Secretary Sir Philip Sidney Sir Francis Drake Sir Richard Greensield Sir William Courtnay Sir William Mohun and others On Tuesday the 15 th day of December three Bills of no great moment had each of them one reading of which the first being for the relief of the Creditors of Edward Fisher Esquire was after the second reading committed unto M r Sollicitor M r Morrice M r Cromwell M r John Fisher and M r Cradock who were appointed to meet at two of the Clock this Afternoon in Lincolns-Inn-Hall The Committees for M r Rawleighs Bill were appointed to meet presently in the Committee-Chamber of this House The Bill for the good Government of the City of Westminster was after the second reading committed unto Sir George Carie M r Recorder of London M r Thomas Knivet M r Thomas Cecill and others who were appointed to meet this Afternoon in the open Exchequer-Court The Bill against Informers was brought in by M r Vice-Chamberlain one of the Committees in the name of all the Committees with allowance of the same only he further moved the reviving and continuing the former Act in that behalf made in the 18 th year of her Majesties Reign The Bill for provision to be made for the surety of the Queens Majesties most Royal Person and the good estate of the Realm was upon the second reading Ordered to be ingrossed The Bill for bringing in of Staple Fish and Ling was brought in again by Sir Edward Dymock one of the Committees without any thing done in the same for that the Committees could not in their meeting assent to any alteration of the same Bill The Bill against Jesuits Seminary Priests and such like disobedient persons was upon the second reading ordered to be ingrossed On Wednesday the 16 th day of December three Bills of no great moment had each of them one reading of which the second being a new one touching Hue and Cry was read the first time M r Ash one of the Committees in the Bill for Swearing of Under-Sheriffs in the name of himself and the residue of the same Committees brought in the old Bill and also a new Bill framed by them praying the reading thereof M r Treasurer one of the Committees in the Bill for disposing of Parsonages impropriate to charitable and pious uses for himself and the residue of the same Committees brought in the old Bill and also a new Bill praying the reading thereof The Bill for perfecting of Assurances was upon the second reading committed unto M r
were indorsed in the upper or higher part of the same which the said M r Treasurer and the rest at this time sent up to the Upper House with the aforesaid three Bills did accordingly impart to their Lordships Vide plus de ista materia on Monday the 21 th day of this instant December following The Bill for Hue and Cry was read the second time during the absence of M r Treasurer and the rest as aforesaid The reading of which Bill being ended M r Treasurer and the residue returning from the Lords brought word that he the said M r Treasurer imparted unto their Lordships the Request of this House for Conference with their Lordships both for the Bill touching the Sabbath de qua Billa vide on Wednesday the 17 th day of March ensuing and also for the Petitions of the griefs of this House unto both which the Lords said they would by and by send their Answer Vide concerning Petitions on Thursday the 25 th day of February ensuing M r Vice-Chamberlain declared unto this House That her Majesty graciously considering the great pains and careful travel of this House in the Service and Affairs of the Realm hath determined upon Monday next to adjourn the Court of Parliament until some other convenient time after Christmas that such Gentlemen and other Members of this House may the more conveniently repair home to their houses in the mean time for their better ease and recreation And so moved further That as before that time of Adjournment being upon Monday next there can nothing of great moment possibly be prepared to passing so he wished that the same short time may be imployed in the speeding of such Bills as are nearest to the passing and mentioned some of those which came unto us from the Lords and that the residue may rest in the same case of furtherance in the mean time as now they are in M r Serjeant Gawdy and M r Doctor Ford did bring from the Lords again the Bill for the restitution in blood of the Lord Thomas Howard amended in the indorsement viz. indorsed under the Bill and the former indorsement above razed out The Bill for restitution in blood of the Lord Thomas Howard was sent up to the Lords by M r Treasurer and others and also the Bill for paving of the Town of Newark upon Trent the Bill for the Town of Caernarvon and the Bill for fraudulent Conveyances all which came from their Lordships before not rightly indorsed were sent up to their Lordships to have the same indorsements reformed and amended as that in the Bill for the Lord Thomas Howard was before amended The Bill for the true answering of the Debts of Edward Fisher was read the first time Vide on Monday the 22. day of February ensuing M r Richard Lewkenor one of the Committees in the Bill to avoid partial Juries and Tryals in the name of himself and the residue of the same Committees brought in the old Bill and also a new Bill praying that the same new Bill may be read accordingly The Bill for reformation of Errours in Fines and Common Recoveries in the twelve Shires of Wales was upon the second reading committed unto M r Sollicitor Sir William Herbert M r Penruddock M r David Williams and others who were appointed to meet upon Thursday next in the Afternoon in Lincolns-Inn-Hall After which the Bill for continuance and explanation of divers Statutes had its second reading M r Serjeant Gawdy and M r Doctor Barkeley did bring from the Lords the Bill touching the Sabhath day with Message from their Lordships that they can find by no Precedent that they can now add any thing at all upon our Conference to their former Additions inserted into the said Bill and do think withal that those things we desire are already provided for in their said Additions as the Bill now standeth and do therefore pray that being so good a Bill as this is they will have care it do not miscarry and so departed Whereupon it was then thought good to reserve the Bill in state as it was till it may be further considered of by view of the Precedents of this House in like cases And Sir Thomas Heneage M r Sollicitor M r Recorder Sir William Moore M r Cromwell and M r Sandes were appointed to search the Precedents of this House for that purpose in the mean time of the next sitting of this Court after the said Adjournment Vide plus de ista materia on Wednesday the 17 th day of February ensuing The Bill for the preservation of Grain was ordered upon the Question to be discontinued and divers others of no great moment as touching Ecclesrastical Livings Maintenance of the Navy and the like were continued until the end of this Adjournment which was now drawing on on Monday next being the 21 th day of December And the Committees appointed for the continuance of them were these following viz. M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Thomas Heneage Sir Thomas Cecil Sir William Moore M r Sollicitor M r Lieutenant of the Tower Sir Richard Knightley M r Francis Hastings Sir Nicholas Woodroofe M r Dannet M r Haymond M r Cromwell M r Owen M r Rawleigh M r Grafton Sir Francis Drake M r Doctor Hammond M r Wolley M r Grice Sir Henry Nevill Sir John Peter Sir William Drury Sir Robert Conestable Sir Robert Germin Sir Henry Cock who were appointed to meet on Thursday after Christmas-day in the Afternoon at two of the Clock at Ely place After M r Vice Chamberlain's late former Speeches delivered unto this House of her Majesties good and grateful acceptation of the earnest and dutiful care and proceedings of this House in providing for the safety of her most Royal Person and of her Highnesses said most loving and favourable regard of adjourning this Court of Parliament for some such convenient time as during which the greater part of the Members of this House may at their pleasure repair home to their dwellings as well for their better recreations and ease as for their further dealing in their own private affairs it was moved by Mr. Speaker That some due form or course of yielding unto her Majesty most humble and dutiful thanks for the same her said Highnesses most honourable and gracious acceptation and consideration in the name and behalf of this whole House in most loyal humble dutiful and obedient manner may be considered of and devised Whereupon after a few Speeches resolved and prayed that the same should and might be done most fitly and conveniently by those honourable Personages Members of this House which are of her Majesties most honourable Privy Council who being then present did very willingly and honourably undertake to execute the same most faithfully and effectually On Monday the 21 th day of December three Bills of no great moment had each of them one reading of which the first being the Bill for the true payment of
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
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
Clock in the Afternoon of this present day and the Bill with a note of the said names was delivered then to Sir Edward Dymock one of the said Committees The Committees names in the Bill for repeal of certain Statutes appointed on Friday the 21 th day of this instant February foregoing were read by the Clerk and the Committees appointed to meet at the Rolls at two of the Clock in the Afternoon of this present day and the Bill with a note of the said Committees names was then delivered to Mr. Cromwell one of the said Committees The Bill touching Mortmain with a note of the names of the Committees in the same was delivered to Humfrey Waring Servant to Mr. Aldersey one of the Committees in the same Bill to be by him delivered to the said Mr. Aldersey but it appeareth not certainly in what place or upon what occasion the said Bill was delivered to the Servant of the above-named Mr. Aldersey for although it be Entred in the Original Journal-Book of the House of Commons amongst such other matters as were debated in the House yet it is most probable it was delivered unto him out of the House either after or upon the very rising thereof On Wednesday the 26 th day of February the Bill concerning Captains and Souldiers was read the first time and argued unto by Mr. Outred Sir Edward Dymock Mr. Cromwell Sir Henry Knyvet Mr. Treasurer Mr. North and Mr. Markham and afterwards Mr. Cromwell Mr. Outred Mr. Serjeant Walmesiey Mr. North Mr. Wroth Sir William Moor Sir Edward Dymock Sir Henry Knyvet Mr. Markham and Sir Ralph Bourchier were appointed to Article to the said Bill and to meet this Afternoon at two of the Clock in the Exchequer Chamber and the Bill was delivered to Mr. Cromwell Upon a Speech used by Mr. Alsord purporting that some that had spoken to the said Bill had uttered some words of rejecting the same Bill and casting it out of the House where in very deed there was no such Speech used at all by any that had spoken to the said Bill nor yet any word tending to such effect It was upon the Question resolved by the Judgment of the whole House that there had been no such Speech used at all by any of them that did speak Mr. Francis Bacon one of the Committees in the Bill concerning Forestallers Regraters and Ingrossers shewed the meeting and travail of the Committees in the said Bill and that they had made a new Bill and shewing the reasons moving them so to do sufficiently and at large offereth in the end the new Bill and prayeth the good and speedy expediting of the same On Thursday the 27 th day of February the Bill for sour Fifteenths and Tenths and two entire subsidies had its second reading M r Serjeant Puckering and M r Sollicitor do bring word from the Lords that their Lordships have this morning received a Message from her Majesty delivered unto them by two of the Lords of her Majesties most Honourable Privy Council which Message their said Lordships of the Upper House do mind to impart unto this House and pray that some convenient number of this House may to that end be appointed to meet with fourteen of their Lordships in the Room next to the Higher House of Parliament either this present Forenoon or else to Morrow in the Forenoon at the choice of this House and so requiring the answer of this House presently they departed and stayed without in the mean time Where the said Message being opened by M r Speaker It was resolved upon the Question that twenty eight or thirty of this House should attend upon their Lordships this present Forenoon accordingly And then the said M r Serjeant Puckering and M r Sollicitor being called in again and receiving the answer of this House by the Mouth of M r Speaker all the Privy Council being of this House and now present viz. four Sir Henry Cobham Sir Henry Gray Sir William Moore Sir Edward Dyer Sir George Bary Sir Edward Hobby Sir Edward Dymock Sir Henry Knyvet Sir Thomas Palmer Sir George Moore M r Serjeant Walmesley M r Francis Hastings M r Alford M r Wroth Sir Richard Knightly Sir Robert Jermin M r Heydon M r Recorder of London M r Beamond M r Cook M r Beale M r Cradock M r Markham M r Lieutenant of the Tower M r Tho. Knivet M r Cromwell M r Richard Brown M r Conisby Sir Philip Butler and Mr. Outred were nominated and sent up to the Higher House to attend the said fourteen Committees of the Lords touching their imparting unto this House the said Message delivered unto them from her Majesty and the paper Bill touching Purveyors was deliver'd to Mr. Cromwell one of the said Committees and the Note of the Committees names to Mr. Vice-Chamberlain M r Recorder one of the Committees in the Bill for Reformation of disorders of common Inns and other Victualling Houses shewed the meeting and travail of the Committees and some Causes which moved them to deal only with that part thereof which concerneth Casks and the Gaging of Vessels for Beer and Ale and so offereth a new Bill for that purpose with request for good expediting thereof Mr. Apsley moved this House touching the great inconveniences grown by the great number of Pluralities and Non-Residents and offereth a Bill for Reformation thereof praying the same might be presently read which was so done by the order of the House accordingly The Council and the Residue returned from the Lords and Mr. Treasurer reported that my Lord Treasurer shewed them that the Message from her Majesty delivered this day unto the Lords of the Upper House was concerning two Bills lately passed this House and sent to the Upper House the one concerning Purveyors and the other touching Process and Pleadings in the Court of Exchequer a thing misliked of her Majesty in both those Cases the one tending to the Officers and Ministers of her own Household and the other to the Officers and Ministers of her own Court of her own Revenues in both of which if any should demean themselves any way unlawfully or untruly her Majesty was of her self he said both able and willing to see due Reformation and so would do to publick example of others upon any of the said Officers or Ministers which at any time should be found to offend in any particularity either in her said Household or in her said Court. Whereupon after sundry Motions Speeches and advices what might best be done for satisfying her Majesty of the doings of this House concerning their dealings in both the said Bills either by way of excuse or confession or otherwise howsoever It was in the end resolved to make choice of some Committee of this House both to consider further of the course and also to search such Precedents as might best serve for that purpose And then were named the said former Committees and Mr. John Hare Mr. Morrice Mr. Clark Mr.
Liefield Sir Francis Gudolphin and Mr. Augyer were added unto them and appointed to meet to Morrow in the Afternoon at two of the Clock in the Star-Chamber Vide concerning this business on Monday the 17 th day of this instant February foregoing in principo hujus diei and touching the other matter being the Bill of Purveyors see upon Saturday the 15 th day of this instant February last past de utrisque materiis vide diem Martis diem 4 Martii sequentem diem Jovis diem 6. ejusdem mensis diem Sabbathi diem 8. diem Lunae diem 17. On Friday the 28 th day of February Four Bills of no great moment had each of them one reading of which the last being the Bill for maintenance of the Pier of Hartilpool was upon the second reading committed unto M r George Cary M r Stubbs M r Beale the Burgesses of Newcastle Lin and Yarmouth and others who were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock and the Bill was delivered to Sir Edward Hobby one of the said Committees The Bill also touching Costs to be recovered against common Informers had its first reading and upon a further Motion was read again for the second reading and upon the question Ordered to be Ingrossed Upon some Motions had touching a Scruple conceived yesterday by some few of this House upon putting of the Bill of Subsidy to the question of Ingrossing it was by divers and sundry Members of this House at this time delivered in their Speeches that it was not any way meant by any Member of the House to have the said Bill then longer deferred from ingrossing upon that question in any other respect than only to the end that some such as then seemed to offer some Provisoes or Speeches to the said Bill might first be further heard and partly also that some other necessary Bills for the Common-Wealth might the better be treated of and expedited in the mean time before the said Bill of Subsidy if it were so soon ingrossed were prepared so ready to the passing upon their conjectural opinions that when the Subsidy Bill were once passed the House the end of this Session of Parliament was like to ensue shortly after And then afterwards the said Bill was upon the question Ordered to be ingrossed accordingly On Saturday the first day of March Two Bills of no great moment had each of them one reading of which the second being the Bill concerning Pluralities and Non-Residents was read the second time and after sundry Arguments many with the Bill and some against it was in the end committed unto M r Treasurer M r Morrice M r Beale Sir Robert Jermin M r Francis Hastings and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon The Bill for Tunbridge-School with Amendments was brought in by M r Cooke one of the Committees and the reasons of the same Amendments were shewed by him M r Doctor Amberry and M r Doctor Cary do bring from the Lords two Bills viz. An Act to avoid Horse-stealing and an Act upon Writs of Proclamations and Exigents to be currant within the County Palatine of Durham with further signification from their Lordships that if this House have either Bills ready to send them or else any Motions for Conference to be had with them their Lordships are presently at good leisure for the same The Bill concerning the Pier of Hartipool is deferred to be considered of by the Committees upon Monday next in the Afternoon and Mr. Vice-Chamberlain and Sir John Parrot are added unto the former Committees The fitting of the Committee touching the Bill of Mortmain appointed on Saturday the 22 th day of this instant February foregoing is likewise deferred till the same time John Luttwich Gentleman one of the Burgesses for the Borough of Bridge-North in the County of Salop Christopher Wike Gent ' one of the Burgesses for the Borough of New Sarum in the County of Wilts John Bennet Gentleman one of the Burgesses for the Borough of Westbury in the said County of Wilts and M r John Shirley one of the Burgesses for the Borough of Lewes in the County of Sussex are all of them Licensed about their necessary business and occasions to depart The Bill for Tunbridge-School the Bill touching Writs of Covenant c. and the Bill for relief of George Ognell Esquire were brought in by the Committees with some Alterations and Amendments whereof none at all were then read or expedited The Paper-Book of the Bill touching Process and Pleadings in the Court of Exchequer is delivered to the Serjeant of this House to be by him delivered over this present Afternoon to the Committees for search and Conference On Monday the third day of March upon many Speeches used by M r Graston touching a report to be made to this House by the Committees for Examination of the Return of one of the Barons of the Port of New Rumney in the County of Kent not yet certified into this House from the Clerk of the Crown M r Cromwell one of the said Committees sheweth that the same Committees had met about the same according to the Commission of this House and so shewing his own opinion it was after sundry other Speeches resolved in the end upon the Question that he that was chosen by the said Town should be received into this House as a Member thereof accordingly M r Cromwell one of the Committees appointed for Articling the Bill concerning Captains and Souldiers sheweth that they have Articled the same Bill and so delivered in both the Bill and the Articles M r Morris one of the Committees in the Bill touching the benefit of the Clergy in some Cases of offences sheweth that the Committees have altered the old Bill and framed a new Bill and yieldeth the reasons of the same their doings and delivereth in both the old Bill and the new and prayeth the new Bill may be read The Bill for the true payment of the Debts of Thomas Hanford was read the third time and passed upon the Question The Bill for the maintenance of Orford-Haven was read the third time and after many Arguments both with the Bill and against it is in the end passed upon the Question The Bill this day passed for the true payment of the Debts of Thomas Hanford and the Bill also for abridging of Proclamations upon Fines were sent down before unto this House by the Lords with some Amendments and being amended accordingly are sent to the Lords by Mr. Treasurer and others which M r Treasurer moved before he went that the Lords might be desired by this House that M r Sollicitor being returned a Member of this House might come hither into this House and give his attendance in the same which was assented unto and required that he would move the Lords and the said M r Sollicitor also to that end
Subjects whose most faithful and approved good love and fidelity towards her she more esteemeth than all the Treasures of the world besides very shortly to cause a Collection to be made of all the Laws already in force touching Purveyors and also all the constitutions of her Highnesses Household in that case and thereupon by the advice of her Judges and her Learned Council to set down such a Form and Plot for the said Redresses yea and that before the end of this present Session as shall be as good and better for the ease of the Subjects than that which this House had attempted without her Privity and in which they would have bereaved her Majesty the Honour Glory and Commendation of the same And touching the Exchequer she said it was her Chamber and so more near unto her than the Household And that in the tenth year of her Raign her Majesty had caused certain Orders and Constitutions to be set down for the due and fit course of such things in the said Court as her Subjects seem to be grieved for Vide concerning this matter on Saturday the 15 th day on Monday the 17 th day and on Tuesday the 27 th day of February foregoing as also on Tuesday the 4 th day and on Thursday the 6 th day of this present March The Committees in the Bill for the Pier of Dover and Hartilpool appointed to meet this day on Friday the 28 th day of February foregoing are defered till Monday next in the Afternoon at two of the Clock in the former place M r Serjeant Shuttleworth and M r Doctor Awberry do bring from the Lords two Bills of which the first was an Act for the maintenance of Houses of Husbandry and Tillage with commendation of the same Bills to the good consideration of this House to be dealt in by the House with all convenient speed that may be M r Morrice and divers other Members of this House arguing to the Bill last read yesterday it afterwards in the end passed upon the question M r Edward Cook Esquire one of the Burgesses returned into this House for the Borough of Alborow in the County of Suffolk is for his necessary affairs licensed to depart On Monday the 10 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill touching Writs of Covenant c. was read the third time and a Proviso for the Lord Powes and Sir Edward Herbert and their Heirs was thrice read and after many Speeches both with the Bill and against the Bill the said Bill was dashed upon the question The Bill against Pluralities and Non-Residents lately passed this House was sent up to the Lords by M r Treasurer and others who returning again from thence with the said Bill shewed that their Lordships would be ready for them half an hour hence and willed them then to come again Upon which report it was thought good to attend their said Lordships leisure therein half an hour hence accordingly And afterwards the said Bill was sent up by the said M r Treasurer and others The Bill for the maintenance of the Pier of Dover with a Note of the Committees names are delivered to M r Wroth one of the Committees in the same who were appointed on Friday the 28 th day of February foregoing The Bill for granting of four Fifteenths and Tenths and two entire Subsidies to her Majesty being ordered upon the question to be read was then read for the third reading and passed upon the question accordingly On Tuesday the 11 th day of March the Bill for relief of the City of Lincoln was upon the second reading committed unto M r John Stubbs the Burgesses of Norwich the Burgesses of York and others who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Treasurer one of the Committees in the Bill for repairing of Dover-Haven appointed on Friday the 28 th day of February foregoing shewed that the said Committees have met and travailed in the said Bill and do think good that concerning some things in the same there be a Conference prayed with the Lords and thereupon it was assented that the Bills last passed in this House should presently be sent up and withal to make that request also unto their Lordships accordingly After which the Bill touching Pleadings in Actions of Trespass under the value of forty shillings having had its last reading this Morning and passed the House was with the Subsidy Bill sent up to the Lords by M r Treasurer and others with Commission to pray Conference with the Lords touching the Amendments desired by this House to be made in the said Bill for Dover-Haven Three Bills of no great moment had each of them one reading of which the last being the Bill concerning the bringing in of salted Fish and salted Herrings was upon the second reading committed unto Mr. Treasurer Mr. Comptroller Sir John Parrot Mr. Vice-Chamberlain the Burgesses of Orford Alborow York Norwich Lincoln Lin and Barwick and others who were appointed to meet to Morrow at two of the Clock in the Exchequer Chamber M r Doctor Awberry and M r Doctor Cary do bring from the Lords the Bill lately passed this House for assurance to be made of the Jointure of Anne the Wife of Henry Nevill Esquire with some Amendments which their Lordships pray to be considered of by this House M r Treasurer and the residue returning from the Lords he shewed that they have had Conference with the Lords touching some parts of the said Bill for Dover-Haven and reciting some particularities of the same shewed that the Lords can like of such course of Amendment as by the said Committees of this House was moved unto them if the House shall think good to set down and require those Amendments And thereupon this form of amendment was assented unto by this House viz. linea 18. after the word And put out all that followeth unto these words be it in the 20 th line put out all from the end of the 20 th line unto this word that in the 30 th line Sir Edward Hobby M r Markham M r Buckley and Mr. Peter Evers were added to the Committees in the Bill for the City of Lincoln and the Bill with the names was delivered to Sir Edward Dymock one of the Committees On Wednesday the 12 th day of March Five Bills of no great moment had each of them one reading of which the last being the Bill against Aliens and Strangers retailing of Foreign Wares was upon the second reading committed unto Mr. Vice-Chamberlain Mr. Comptroller Sir Robert Jermin Sir William Moor and others who were appointed to meet upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Sir John Parrot one of the Committees for the Pier of Hartilpool brought in the Bill in the name of himself and the residue of the said
and not to have been so suddenly assented to as is noted in the foresaid Anonymous Journal more particularly mentioned at the beginning of this present Journal But that the Speaker perceiving the Privy Counsellors of the House desirous to have the Bill expedited did over-reach the House in the subtile putting of the Question by which means it had been only considered of in the Committee-Chamber by those eighteen Members of the House appointed in the beginning of this Forenoon and by them brought back again into the House before the ending thereof and so was agreed on by the said House as is aforesaid The Bill for Vesses which was committed on Friday the 9 th day of this instant March foregoing was delivered to Sir Francis Hastings one of the Committees The Bill for Perpetuities committed on Friday the 9 th day of this instant March foregoing was delivered to Sir Edward Hobby one of the Committees The Bill against Counterfeiting of Counsellors Hands c. committed on Saturday the 10 th day of this instant March foregoing was delivered to Sir William Knolls one of the Committees Nota That the Bill against Recusants which had been newly brought in by the Committees on Monday the 12 th day of this instant March immediately foregoing and the old Bill rejected and had in the beginning of this Forenoon been read the second time was now in the end of the same spoken unto by divers Members of the House Which speeches containing in them matter of good consequence are wholly omitted in the Original Journal-Book it self and are therefore supplied out of the aforefaid Anonymous Journal more particularly mentioned in the beginning of this present Journal in manner and form following M r Sands spake to the Bill for Recusants that it might be as it went first for Recusants generally and not restrained to Popish Recusants only So that under this Bill there might be included Brownists and Barrowists M r Lewes shewed that it was not fit that the Bill should include any other than Popish Recusants M r Speaker said that the Preamble of this Bill being conferred with the body of this Bill other Recusants than Popish Recusants could not be comprized therein For the Title of the Bill and the Preamble run only in this manner Against such as are enemies opposed to our State and adherents to the Pope So another Bill might be framed against those persons but these cannot be comprized therein M r Dalton would have Recusants that be Brownists comprized in the Bill as well as Popish Recusants and to that end would have the Preamble altered and be to repress disloyal Subjects and to impose upon them more due obedience and so to go directly to the Act Be it Enacted leaving out all the Preamble for he cited some Bills overthrown as he said only by reason of superfluous words in the Preamble Doctor Lewin made a long Speech His end was only to have the Brownists and Barrowists as well provided against as Papists but whether in this Bill or in some other he left that to the Wisdom of the House After which Speeches the said Bill was committed again to the former Committees which were appointed on Wednesday the 28 th day of Febr. last past Thus far out of the aforesaid Anonymous Journal that which follows is out of the Original Journal-Book it self On Wednesday the 14 th day of March Sir Edward Hobby one of the Committees in the Bill touching M r Read Stafford brought in the Bill with some amendments and opening the effects of the said Amendments to the House the same Amendments then also being read by the Clerk It was Ordered by this House that the same Amendments should be inserted accordingly into the same Bill The Bill for M r Anthony Cook had it first reading M r Richard Lewkenor one of the Committees in the Bill concerning the lawful deprivation of Edward Bonner late Bishop of London brought in the Bill with some Amendments and opening the Contents of the same Amendments to the House the same Amendments also being then read to the House by the Clerk it was Ordered by this House that the same Amendments should be inserted in the said Bill accordingly M r John Hare one of the Committees in the Bill concerning M r Valentine Knightley brought in the Bill with some Amendments and opening the Contents of the said Amendments to the House the same Amendments being then also read to the House by the Clerk It was Ordered by this House that the same Amendments should be also inserted into the said Bill accordingly The Bill for reducing of her Majesties Subjects to their due obedience committed Yesterday to the former Committees who were appointed on Wednesday the 28 th day of February last past was this day delivered to M r Treasurer one of the Committees M r Lewes one of the Committees in the Bill touching salted Fish and salted Herrings brought in the Bill with some amendments and shewing the Contents of the said Amendments and the same being read by the Clerk of the House it was Ordered bythis House that the said Amendments should be inserted in the said Bill accordingly M r Serjeant Yelverton one of the Committees in the Bill concerning the Exemplifications of Fines and Recoveries brought in the Bill with some Amendments which Amendments being twice read the Bill after many Speeches both with and against the same Bill was dasht upon the question for ingrossing Three Bills also had each of them one reading of which the last being the Bill touching the over-lengths of broad Cloth was upon the second reading committed unto Mr. Chancellor of the Exchequer the Burgesses of Worcester and Coventry the Knights and Citizens of Yorkshire and the City of York and others who were appointed to meet upon Friday next at two of the Clock in the Afternoon in this House Richard Goodwin returned one of the Citizens for the City of Wells in the County of Somerset is for his better recovery of health licenced by Mr. Speaker to depart home into his Country and the said Mr. Goodwyn left two shillings and six pence with the Serjeant of the House to be distributed amongst the Poor The Bill to avoid stealing of Oxen Kine Sheep and other Cattle was upon the third reading dashed upon the Question On Thursday the 15 th day of March Sir Edward Dymock one of the Committees in the Bill for Confirmation of Letters Patents to the Mayor Sheriff Citizens and Commonalty of the City of Lincoln appointed on Saturday the 10 th day of this instant March foregoing brought in the Bill with some Amendments and opening the Contents of the same Amendments the said Amendments were afterwards read by the Clerk and then upon the question agreed by the House to be inserted in the said Bill accordingly Two Bills of no great moment had each of them one reading of which the second being the Bill touching Execution of Process was upon the second reading committed unto M
21 th day and on Friday the 23 th day of this instant March foregoing Matthew Jones Gentleman being found sitting in this House and no Member of the same was brought to the Bar and there being charged by M r Speaker for his said offence humbly excused himself by Ignorance and appearing unto the House to be a simple ignorant old man was upon his humble submission pardoned to be discharged to Morrow paying his Fees and Ordered in the mean time to remain in the Serjeants Ward of this House M r Serjeant Owen and M r Doctor Stanhop do bring word from the Lords That upon Thursday next at two of the Clock in the Afternoon in the accustomed place Three Earls three Barons and three Bishops of the Upper House are appointed to have Conference with some of the Members of this House if this House should so like touching a Proviso to be devised for 〈◊〉 Coverts mentioned in the Amendments of this House to the Bill which passed with their Lordships for restraining of Popish Recusants to certain places of aboad And shewed that their Lordships did like very well of the residue of the said Amendments Which passage being opened unto the House by M r Speaker it was Ordered that a competent number of Committees in the said Bill who had been appointed on Wednesday the 28 th day of February foregoing should attend their Lordships which was so signified unto the said M r Serjeant Owen and M r Doctor Stanhop After which the said M r Serjeant Owen and Mr. Doctor Stanhop do again bring word from the Lords that touching the date of the beginning or of a Prorogation of a Parliament mentioned in the Bill touching Sir Francis Englefield's Lands their Lordships do desire that at the Conference about Recusants already appointed on Thursday next a Committee of this House may then also confer with their Lordships in that matter also Which was then granted The Bill for Mr. Anthony Cooke was read the third time and passed upon the Question On Wednesday the 28 th day of March the Bill for reviving continuing explanation and perfecting of certain Statutes was twice read and committed to the former Committees whose names see before on Monday the 12 th day of this instant March foregoing and unto Mr. Heiman Mr. Dewhty Mr. Rotheram Mr. Finch Mr. Attorney of the Dutchy the Burgesses of the Cinque-Ports Mr. Broughton Mr. John Hare Mr. Penruddock and Mr. Doctor Caesar and the Bill was delivered to Mr. Wroth one of the former Committees who with the rest was appointed to meet in this place at two of the Clock in the Afternoon of this present day Sir Robert Cecill one of the Committees in the Bill for the relief of poor maimed Souldiers who had been appointed on Monday the 12 th day of this instant March foregoing shewed that the Committees have met together but in effect upon sundry reasons shewed amongst them by divers of the said Committees to contrary effects they could come to no Conclusion but rather to a meer confusion upon the points of the matter for his own private part said in the end That as this House had committed the said Bill unto him and the residue of the said Committees so had he thought good to commit the same Bill to Prison rather than to return it to this House again in the same or no better state than they did before receive it M r Treasurer one of the Committees touching Clapboards and Casks appointed on Saturday the 24 th day of this instant March foregoing shewed the meetings of the Committees and their Amendments to the Bill Whereupon the said Amendments being read the Bill and Amendments after some Speeches had to the same were recommitted to the former Committees and M r Bucking now added unto them to meet this Afternoon The Bill for Naturalizing of certain Englishmens Children born beyond the Seas was read the third time and passed upon the Question M r Boucher one of the Committees in the Bill for the Town of Stonehouse which had been appointed on Monday the 26 th day of this instant March foregoing shewed the meeting of the Committees and their Amendments to the Bill which Amendments being twice read the Bill with the Amendments were Ordered by the House to be ingrossed The Bill for restitution in blood of Sir Thomas Parrot Knight had its third reading and passed upon the question The five Bills which last passed this House viz. the Bill for restitution in blood of Sir Thomas Parrot Knight the Bill concerning the Lands of Henry late Lord Burgavenny the Bill against Strangers retailing of Foreign Wares the Bill for Mr. Anthony Cooke and the Bill for Naturalizing of certain English Mens Children born beyond the Seas were sent up to the Lords by Mr. Treasurer and others The Bill for the Lord Harowden had the second reading and thereupon was committed to Sir John Harrington Mr. Wroth Mr. Hare and others and the Bill was delivered to Sir John Harrington who with the rest was appointed to meet this Afternoon in this House Matthew Jones Gentleman Prisoner in the Serjeants Ward being brought to the Bar and charged by Mr. Speaker with the greatness of his misbehaviour in presuming to intrude himself yesterday into this High Court of Council being no Member of the same and giving him grave admonition for his future dutiful behaviour shewed him in the end that in regard of his humble submission this House doth discharge him paying his Fees The Bill for the maintaining of Wier-Works was upon the second reading committed unto Sir Edward Dymock Mr. Doctor Caesar the Knights and Burgesses for York and Yorkshire Mr. Wroth and others and the Bill was delivered to Mr. Doctor Caesar who were appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber On Thursday the 29 th day of March Mr. Broughton Mr. Attorney of the Dutchy Sir Thomas Dennis and Sir Francis Gudolphen were added to the former Committees in the Bill for the Haven of Plymouth who had been appointed on Monday the 26 th day of this instant March foregoing and appointed to meet at two of the Clock in the Afternoon of this present day The Bill concerning the Haven of Colchester and the paving of the said Town was upon the second reading committed unto Mr. Vice-Chamberlain the Burgesses of Colchester Mr. Grimston and others And the Bill was delivered to Mr. Wroth one of the said Committees who with the rest were appointed to meet at two of the Clock this Afternoon in the Exchequer Chamber Mr. Treasurer one of the Committees in the Bill touching Clapboards and Casks appointed on Saturday the 24 th day of this instant March foregoing brought in the Bill with some Amendments which being twice read the Bill was Ordered to be ingrossed Mr. Serjeant Harris one of the Committees for the Lord Harrowden appointed on Wednesday the 28 th day of this instant March immediately foregoing bringing in
the Bill and after Report made by him of the Travel of the Committees therein the Bill was read for the third reading and passed upon the Question Mr. Finch one of the Committees in the Bill for Continuation Explanation and perfecting of certain Statutes who had been appointed on Wednesday the 28 th day of this instant March foregoing reporteth the meeting and Travel of the Committees and also the Amendments of the Bill in sundry things which Amendments after many long Arguments and sundry questions with the division of the House were in the end Ordered to be inserted into the said Bill On Friday the 30 th day of 〈◊〉 〈◊〉 Broughton and Sir Edward Dyer were appointed to attend my Lord Keeper touching the Return of the Habeas Corpus cum Causa for the bringing up of the Body of Mr. Fitzherbert Esquire Vide concerning this matter on Thursday the first day Friday the second day and on Saturday the 17 th day of this instant March foregoing as also on Tuesday April the 3 d and on Thursday April the 5 th postea The Amendments in the Bill for Continuation Explanation and Confirmation of the Queens Majesties Title to the Lands and Tenements late of Sir Francis Englefield Knight being twice read to the House and the Bill it self and the same Amendments read the third time also passed upon the Question The Amendments in the Bill for Continuation Explanation and perfecting of certain Statutes being twice read were upon the Question after many and sundry Arguments to divers particular points in the same Ordered upon the question in the end to be ingrossed M r Vice-Chamberlain one of the Committees in the Bill for maintenance of the Haven of Colchester and the paving of the Town appointed on Thursday the 29 th day of this instant March foregoing shewed that he and the residue of the Committees have met together and upon their Conference thought good to suppress the said Bill for that they could not conveniently agree to such conclusion in the same as might satisfie the Inhabitants of the said Town And shewed further the imparting of himself and the other Committees unto the Lords touching the Collection and distribution of the money to poor maimed Souldiers And that thereupon their Lordships had appointed four of themselves for that purpose which in that Case should join with such of this House as by this House shall be appointed Whereupon M r Vice-Chamberlain was Ordered to give their Lordships most humble thanks and to shew them that after their Lordships shall have sent the Bill again to this House in such sort passed as their Lordships shall think meet this House will thereupon then do therein what shall appertain Doctor Carew and M r Powle do bring from the Lords a Bill Intituled An Act for Confirmation of the Subsidies granted by the Clergy together with the instrument for the same with request also from their Lordships to this House for speedy Expedition of the same A Proviso to the Bill concerning the over-length of broad Cloth was offered to the House and after the twice reading thereof was Ordered to be ingrossed M r Treasurer Mr. Warren Sir Francis Drake Mr. Wroth Mr. Doctor Herbert Sir Henry Unton Sir Thomas Cecill Sir Thomas Morgan Mr. Oliver S t John Sir Thomas Baskervile Sir Thomas Shirley Mr. John Hart Mr. Flower Sir Robert Sidney Sir Thomas Conisby are appointed to join with the Lords in the joint disposing of the Contribution of both Houses collected towards the relief of poor maimed Souldiers Nota That this is all which is found in the Original Journal-Book of the House of Commons of this days Passages and therefore there being an excellent Vote or Resolution of the House touching the Addition and Amendments of Bills after their passing of either House set down in the often before-recited Anonymous Journal more particularly mentioned at the beginning of this present Journal I have thought good to have it inserted in manner and form following If a Bill having passed the Upper House be sent down to the House of Commons and be likewise upon the third reading allowed and expedited in that House and from them sent back again to their Lordships with Alterations and Amendments thereunto added here the Lords may either reject the said Bill or must pass it with the said Additions and that nothing more can be inserted into the said Bill by their Lordships but they must frame either a new Bill in the same matter or business or send down the former old Bill with other Additions or Provisoes as a new Bill Or if a Bill being sent from the Lords to the House of Commons do pass the said House also as it had their Lordships before the sending down it can never be again dealt in further by them Thus far out of the aforesaid Anonymous Journal The next days Passages follow out of the Original Journal-Book it self On Saturday the 31 th day of March the Bill for Confirmation of the Subsidies granted by the Clergy and read the first Time passed upon the Question The Bill touching Casks brought in with more Amendments by Mr. Wroth one of the Committees and the same Amendments being twice read the Bill was upon the Question Ordered to be ingrossed The Bill for reviving continuing explanation and perfecting of certain Statutes was read the third time And after sundry Arguments the two Provisoes touching the dealing with the reputed Fathers of Bastards being withdrawn upon the Question the Bill upon the Question was passed afterwards accordingly Mr. Attorney General and Mr. Doctor Ford do bring from the Lords two Bills the one Intituled an Act for the restraint of new Buildings converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster and the other for the Explanation of a branch of a Statute made in the twenty third year of the Queens Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due Obedience with some Additions to the same with a Message also from their Lordships to know the pleasure of this House touching their Lordships request for the further Explanation by their Lordships to be made of some part of the Amendments of this House in the Bill lately passed their Lordships and sent hither unto this House and afterwards by this House returned again unto their Lordships with some Amendments of this House Intituled An Act for restraint of Popish Recusants to some certain places of aboad And the said Mr. Doctor Ford also shewed that their Lordships prayed Expedition of the said Bills now brought down for that the time of Parliament is like now to grow very short Mr. Speaker remembred unto the House the effect of the said Message from the Lords whereupon it was resolved by the House that Answer should be made unto the said Mr. Attorney and Mr. Doctor Ford That if their Lordships should add any declaratory Proviso
men not guilty will be included in it And that Law is hard that taketh life and sendeth into banishment where mens intentions shall be judged by a Jury and they shall be Judges what another means But that Law that is against a Fact is but just and punish the fact as severeley as you will If two or three thousand Brownists meet at the Sea at whose charge shall they be transported or whither will you send them I am forry for it I am afraid there is near twenty thousand of them in England and when they be gone who shall maintain their Wives and Children M r Finch said There be great faults in the Preamble and in the Body of this Bill It pretendeth a punishment only to the Brownists and Sectaries but throughout the whole Bill not one thing that concerneth a Brownist and if we make a Law against Barrowists and Brownists let us set down a Note of them who they are But as the Bill is not to come to Church or to speak against the government established this is not the opinion of the Brownists The Law that is intituled An Explanation is nothing else save that it hath a name of it For Laws Explanatory are no New Laws of themselves but part of the old for there ought to be nothing in the declaratory Law that was not in the former as appeareth in the Cause of Surnand and Stowell the Statute of 32 Hen. 8. being but an Explanation of 4. H. 7. This Law being allowed to be an Explanation of 25. maketh all the offenders in that Statute to be Traytors This Law excepts no Person So all are in the former penalties of that Law for 23 of Eliz. is only for such as are of the Romish Religion and now to make it include all the opinions is to make additions to that but no Explanations The Clause of speaking against the Law is very dangerous For who can be safe from this Non Hospes ab hospite tutus For if a man speak against Non-Residents Excommunication as it is used or any other abuse in the Church he incurs the danger of the Law The Clause against Conventicles is very dangerous For the Conference of any Persons together being of any number the Prayers of Holy Exercise being not allowable in any place by the Law is an assembling against the Laws for the words be very strict howsoever not contrary to the Law the offence is all one Now in the body of the Law the words Ecclesiastical are not such as be meant in primo of the Queen but such as are intended in this Statute And the annexing of the words He must be an obstinate Recusant and also write and speak c. This is very suspicious for Obscuris vera is never good Whosoever repaireth not to his own Parish Church is a Recusant within this Law Vide Apr. 6. die Veneris sequent Thus far out of the aforesaid Anonymous Journal the residue of this days passages and part of the next are transcribed out of the Original Journal-Book it self After which said Speeches touching the Bill of Explanation of the Branch of a Statute made in the twenty third year of the Queen for reducing of disloyal Subjects to their due obedience the said Bill in the end was committed unto all the Privy Council Sir Walter Raleigh Sir Henry Unton Sir Francis Hastings Doctor Jo. James Doctor Lewen M r Doctor Caesar Sir William Moore M r Francis Bacon M r Serjeant Harris M r Wroth Sir Thomas Cecill M r Finch M r Skinner M r Mainard M r George Moore Sir Henry Cocke M r Fuller Mr. Robert Knowls Sir William Knowls Sir Edward Dymock Sir Edward Stafford Mr. Edward Lewkenor Mr. Henry Brett Mr. Periam Sir Thomas Dennies Sir Robert Sydney Mr. Wroth Sir William Bowes Mr. Atie Mr. Helcroft Sir Thomas West Sir Matthew Morgan M r Berkeley Mr. Sands Mr. Boucher Mr. John Payton Sir Richard Molineux Mr. Tasborough Mr. Horsey Mr. Attorney of the Dutchy Mr. Finch Mr. Fuller Mr. Amersam Sir George Cary and Sir George S t Poole and the Bill was delivered to Mr. Treasurer who with the rest was appointed to meet in this House to Morrow at two of the Clock in the Afternoon Mr. Serjeant Owen and Mr. Attorney General do bring word from the Lords that their Lordships do pray Conference with some selected Members of this House to be held this Afternoon touching the Bill for the reviving continuance explanation and perfecting of certain Statutes lately passed this House and sent up to their Lordships and do shew that their Lordships for that purpose have made choice of twenty of themselves whereupon the said Mr. Attorney and Mr. Serjeant Owen being sequestred and the Message declared to the House by Mr. Speaker it was required by the House that forasmuch as the Bill last read was then and long before had been in dispute and Argument Answer thereof might be returned unto their Lordships that this House prayeth that a Committee of this House may rather wait upon their Lordships in the Afternoon for that the House is now occupied in Speeches and Arguments to a Bill which came into this House from their Lordships Which being so signified to the said M r Serjeant Owen and M r Attorney General accordingly shortly after M r Doctor Carey and M r Powle brought word from the Lords that their Lordships would be ready this Afternoon to confer with the Committees of this House in the Chamber next to the Upper House Which done it was Ordered that the former Committees of this House who had been nominated on Monday the 28 th day of March foregoing be appointed to attend their Lordships at the said time and place and a note of the Committees names were delivered to M r Treasurer On Thursday the 5 th day of April the Bill for true Assizing and marking of Timber was read the second time and committed unto M r George Moore M r Dalton M r Wroth M r Browne Sir John Hart and others and the Bill was delivered to the said Sir John Hart who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber M r Serjeant Owen and M r Doctor Powle do bring from the Lords a Bill Intituled An Act for Explanation of the Statute made in the thirty fourth year of King Henry the Eighth as well touching Grants made to his Majesty as for Confirmation of the Letters Patents made by his Highness to others and do pray from their Lordships the speedy Execution of the same M r Vice-Chamberlain one of the Committees with the Committees of the Lords in the Bill for reviving continuing explanation and perfecting of certain statutes sheweth the meeting and Conference with the Committees of the Lords and that their Lordships have thought good to add some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in the point of Transportation of Corn as
the like whereof was in the Statute of 13 o of her Majesties Reign Nota That the business so much before agitated touching M r Fitzherbert received this day the final resolution of the House as is plainly set down in the often before-cited Anonymous Journal although it be wholly omitted in the Original Journal-Book it self which said Case was singly this Thomas Fitzherberts being elected a Burgess of the Parliament two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit as may be collected out of the reasons given of their said Resolution and then his Indenture was returned to the Sheriff Upon all which matters there grew two Questions First whether the said M r Fitzherbert were a Member of the House And secondly admitting he were yet whether he ought to have priviledge Which said matters having been formerly much debated on Thursday the first day Friday the second Saturday the 17 th day and on Friday the 30 th day of March last past as also on Tuesday the third day of this instant April foregoing received now at last the Judgment of the House which is inserted out of the aforesaid Anonymous Journal in manner and form following The Judgment of the House was That Thomas Fitzherbert was by his Election a Member thereof yet that he ought not to have priviledge in three respects First Because he was taken in Execution before the return of the Indenture of his Election Secondly Because he had been Outlawed at the Queens Suit and was now taken in Execution for her Majesties debt Thirdly and lastly in regard that he was so taken by the Sheriff neither Sedente Parliamento nor eundo nor redeundo Thus far out of the aforesaid Anonymous Journal the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original Journal-Book it self The Bill concerning Clapboards and Casks which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of M r Fitzherbert had the third reading and passed upon the Question M r Attorney General and M r Doctor Carey do bring from the Lords the Bill for renewing continuing explanation and perfecting of certain Statutes lately passed this House with some Amendments and a Proviso which Bill was sent up to their Lordships from this House The Bill for necessary relief of Souldiers and Mariners was read the third time and passed upon the Question Upon a Motion made by Francis Neale Esq one of the Burgesses for the Borough of Grantham in the County of Lincoln That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn at the Suit of one Wessellen Weblen a Beer-Brewer and shewing further that he had satisfied the money due upon the said Execution but yet nevertheless in regard of the preservation of the Liberties and priviledges of this House thought it his duty to make this House acquainted with the matter and so refer and leave it to their grave Wisdoms Whereupon it was upon the Question Ordered that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow to answer their contempt accordingly Vide diem sequentem On Friday the 6 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster was upon the second reading committed unto all the Privy-Council the Knights and Burgesses of London M r Francis Bacon and others and the Bill was delivered to M r Wroth one of the said Committees who with the rest was appointed to meet this Afternoon in the Exchequer Chamber The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question The Proviso in the Bill for reviving continuing Explanation and perfecting of certain Statutes the Amendments being first read and Ordered afterwards to be inserted was three times read and they were all passed upon the question accordingly The Proviso of the Lords to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of aboad was three times read and passed upon the Question The Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion was read the third time and passed upon the Question Eight Bills which lately passed this House viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts The Bill concerning Spinners and Weavers The Bill touching Clap-boards and Casks The Bill for relief of Souldiers and Mariners The Bill concerning Devonshire Kerseys The Bill for reviving and perfecting divers Statutes with a new Proviso The Bill for restraining of Popish Recusants to some certain places of aboad And the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion were sent up to the Lords by M r Treasurer and others M r Doctor Carey and M r Powle do bring from the Lords a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and prayed from their Lordships the speedy expediting of the same Bill for that this Parliament draweth near unto an end Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh Sir Francis Drake M r Lewkenor M r Wroth M r Finch and M r Flower and the Bill was delivered to Sir Francis Drake who were appointed to meet in the Afternoon of this present day The Bill against persons Outlawed and such as will not pay their debts was read the second and third time and dashed upon the question M r Vice-Chamberlain one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Addition to the same shewed the meeting of the said Committees yesterday their long tarrying together in the end their desisting without any determinable resolutions occasioned by reason of many and sundry Arguments and opinions and afterwards somewhat intimating the unkindness of the Lords in neglecting the said Bill in this House adviseth that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered
Serjeant Harris and Serjeant Heyle were added unto them M r Simnell one of the Committees in the Committee touching the abuses for Licences for Mariages without Banes appointed on Friday the 11. day of this instant November foregoing shewed that the Committees have met together but did not conclude of any thing by reason that it was doubtful whether they were to treat of that matter only or else both of the same and also touching the stealing away of Mens Children without assent of their Parents and touching the abuses in the Probates of Testaments and Processes ex Officio by Ecclesiastical Officers in matters of the same being before several propounded at the Motion of sundry Members of this House Sir John Fortescue Chancellor of the Exchequer shewed that her Majesty did yesterday last call Mr. Secretary and himself unto her and telling them that her Highness had been informed of the horrible and great incestuous Marriages discovered in this House and minding due punishment and redress of the same commanded them to take information of the grievances in particular of the Members of this House that her Highness having certain notice thereof may thereupon give order for the due punishment and redress accordingly Whereupon after sundry other Speeches tending to sundry courses but yet most of them very well liking and approving the said Message delivered to this House therein from her Majesty by the said Mr. Chancellor it was in the end resolved that the former Committees who were appointed on Friday the 11 th day of this instant November foregoing to draw a Bill for reformation of abuses occasioned by Licences granted for Marriages without Banes asking should meet this Afternoon in the Exchequer Court at two of the Clock for that purpose and that Sir Thomas Cecill Sir Francis Hastings Sir Robert Wroth Sir Edward Hobby Mr. Robert Wingfield Mr. Fulk Grevill Mr. Nathaniel Bacon Mr. Symnell Mr. George Moore Mr. Francis Bacon Mr. Francis Goodwyn Sir Edward Hastings Sir Henry Worth Sir Anthony Cope Sir William Moore Mr. Hexte Sir John Sudmore Mr. Finch and Mr. Francis Moore should receive Informations of the grievances touching Ecclesiastical Causes this day moved in the House and should meet to that purpose upon Friday next at two of the Clock in the Afternoon in the Exchequer Chamber Vide Nov. 16. M r Francis Bacon one of the selected Committees concerning Inclosures and Tillage moved for a time to be appointed for the same selected Committees to impart their travels therein to the general Committees who were appointed in the same Cause upon Saturday the 5 th day of this instant November foregoing to the end that thereupon the same may afterwards be reported unto this House accordingly Whereupon it was Ordered that they should for that purpose meet in this House to Morrow next at two of the Clock in the Afternoon M r Francis Moore one of the Committees in the Bill against Forestallers Regrators and Ingrossers c. shewed the meeting of the Committees in that Bill and some Amendments by them made in the same and so delivereth in the same Bill so amended The Bill for repressing of Robberies and touching Huy and Cry was read the second time and upon the question for Commitment was denied to be committed and upon another question for the ingrossing was denied to be ingrossed and so rejected On Tuesday the 15 th day of November Five Bills of no great moment had each of them one reading of which the first being the Bill for extirpation of Beggars was read the first time Sir Robert Wroth one of the Committees in the Bill for Repeal of the Statute of the 23 d year of the Queen Intituled An Act for encrease of Mariners and for maintenance of Navigation who were appointed on Thursday the 10 th day of this instant November foregoing brought in the Bill with some Amendments made by the Committees which Amendments being twice read in the House the Bill was afterwards and after some Speeches against the Bill Ordered to be ingrossed upon the question M r Serjeant Drew and M r D r Stanhop do bring from the Lords the Bill lately passed in this House for the taking away of Clergy from Offendors against the Statute made 3 Henr. 7. concerning the taking away of Women against their Wills unlawfully which Bill their Lordships have also passed with a Proviso thereunto annext The Bill concerning the establishing of the Town-Lands of Wanting in the County of Berks was read the third time and passed upon the question M r Chancellor of the Exchequer putting the House in remembrance of the Speech delivered unto this House by the Lord Keeper upon the first day of this present Parliament by her Majesties direction touching the Causes of her Highnesses calling of this Parliament and shewing at large her Majesties great and excessive Charges sustained for the defence of her Highnesses Realms and Dominions against the force of the King of Spain amounting to more than a treble value of the last three Subsidies and six Fifteenths and Tenths granted unto her in the last Parliament and declaring further the great necessity of some Mass of Treasure to be provided towards the supply of her Highness Charges in the continuation of the maintenance of her Majesties Forces in defence of her Highness Realms Dominions and Subjects against the Forces and Invasions of the said King of Spain and further referring the particularities of the designs and attempts of the said King of Spain since the last Parliament to be reported unto this House by M r Secretary moved for a selected Committee of this House to be nominated to treat and consult concerning that matter M r Secretary Cecill shewed at large the purposes practices and attempts of the said King of Spain against her Majesty and her Realms Dominions and Subjects in divers sorts and at sundry times together with his great overthrows in the same by the mighty hand of God and of her Highnesses Forces to his perpetual ignominy and great dishonour throughout the whole World And so after a large discourse most excellently delivered by him concluded with a Motion for proceeding to the said Committees Whereupon some Speeches being had to that end by Sir Edward Hobby and Mr. Francis Bacon It was agreed that all the Privy-Council being Members of this House all the Knights returned for the Counties into this present Parliament and all Citizens for Cities returned into this House should meet about the said business on Friday next at two of the Clock in the Afternoon in this House and any other of this House then to come to them also at their pleasures that will Vide plus on Wednesday the 7 th day of December following On Wednesday the 16 th day of November Four Bills had each of them one reading of which the last being the Bill for the Town of Northampton was upon the second reading committed unto the Knights for the County of Northampton and the Burgesses for the
Friday the 11 th day of this instant November foregoing delivered some particular informations to Mr. Chancellor and a Licence with a Blank to M r Speaker Vide concerning this matter on Wednesday the 16 th day of this Instant November foregoing M r Winch one of the Committees in the Bill to keep Horses from stealing who were appointed on Wednesday the 16 th day of this instant November foregoing shewed the meeting of the Committees and some Amendments in divers parts of the Bill and so delivereth in the Bill with some Amendments and the Bill was re-delivered unto him again to be further considered of by the Committees and the Committees names were read and thereupon were appointed to meet again at two of the Clock in the Afternoon of this present day in the Middle-Temple Hall M r Bourcher moved the House touching the discovery of the Counsel of the same by some Member thereof as it should seem for his said motion is set down very briefly and imperfectly in the Original Journal-Book of the said House neither is there any other issue of it there inserted than that Sir Edward Hobbie moved to have the matter proceeded to further Examination and the Party to be named Sir John Fortescue Chancellor of the Exchequer brought in the Articles for the three Subsidies and six Fifteenths and Tenths with the manners and days of Payments which being read unto the House and well liked of were presently delivered to Mr. Sollicitor to draw the Book Vide December the seventh Wednesday postea On Tuesday the 22 d day of November the Bill for the necessary habitation and relief of the Poor Aged Lame and Blind in every Parish was read the second time and committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars who were appointed on Saturday the 19 th day of this Instant November foregoing The Bill for relief of Hospitals poor Prisoners and others impoverished by casual losses was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues c. Vide Committees names pag. seq The Bill for Supply of Relief unto the Poor was upon the second reading committed unto the said former Committees for erecting of Houses of Correction and punishment of Rogues c. The Bill for setting the Poor on work was read the second time and dashed upon the third question for the Committee and rejected upon the question for ingrossing The Bill for petite Forfeitures to go to the relief of the Poor was upon the second reading committed unto the former Committees in the Bill for erecting of Houses of Correction and punishment of Rogues and sturdy Beggars Sir Edward Hobby moved the House for priviledge for Sir John Tracie being a Member of this House and now presently at the Common Pleas to be put on a Jury Whereupon the Serjeant of this House was presently sent with the Mace to call the said Sir John Tracie to his attendance in this House which was thereupon so done accordingly and the said Sir John then returned to this House The Bill for the better relief of Souldiers and Mariners was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and sturdy Beggars who were appointed on Saturday the 19 th day of this instant November foregoing and Mr. Arnold was added unto them The Bill for the better governing of Hospitals and Lands given to the relief of the Poor was upon the second reading committed unto the former Committees for the erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars and Mr. Hubbard was added unto them The Bill for Hospitality was read the second time and dashed upon the questions for committing and ingrossing The Bill for the relief of the Poor out of Impropriations and other Church Livings was read the second time And after some Speeches both with the Bill and against the Bill upon the doubtfulness of the double question for the committing was upon the division of the House rejected with the difference of twenty nine Voices viz. with the Yea a hundred and seventeen and with the No a hundred forty six The Bill for levying of certain sums of money due to the Poor was upon the second reading committed unto the former Committees for erecting of Houses of Correction and punishment of Rogues and Sturdy Beggars And the Bill for extirpation of Beggery was committed to the same Committees And then were the said eleven Bills concerning the relief of the Poor and the punishment of idle and sturdy Beggars delivered to Sir Robert Wroth together with the names of the Committees whose names being for the most part omitted upon the said Saturday the 19 th day of this instant November foregoing when the said first Bill touching the erecting of Houses of Correction and punishment of Rogues and sturdy Beggars was first committed unto them are here all expresly named with such as were added unto them Now in respect that nine other Bills were this present Tuesday referr'd likewise to them as Committees to consider of them being a thing scarce to be pattern'd that one and the same Committee had at one and the same time eleven Bills in agitation before them though all upon the matter tending to a like end and purpose the said Committees were as followeth viz. Mr. George Moore Masters Attorneys of the Dutchy and Court of Wards Mr. Francis Bacon Sir Thomas Philips Sir Thomas Cecill Sir William Moore Sir Robert Wroth Mr. Edward Philips Mr. Recorder of London Sir Thomas Maunsell All the Readers of the Houses of Court Mr. Nathaniel Bacon Mr. Miles Sandes Mr. Finch Mr. Colbrond Mr. Edmund Boyer Mr. Edward Leukenor Mr. Henry Warner Mr. John Boyer Mr. Rosse Mr. Whalley Sir William Cornwallis Mr. Lea Mr. Hext Mr. Richard Mills Mr. Thomas Smith Mr. Lea of Lincolns-Inn All the Serjeants at Law Mr. James Harrington Mr. Wingfield Sir Thomas Hobbie Sir Anthony Cope Mr. Mark Steward Mr. Henry Yelverton Mr. William Coke Mr. George Rotheram Mr. Fettiplace Mr. Winch Mr. Hide All the Knights of Shires the Burgesses of Hull Mr. John Hare Mr. Coleman Mr. Hugh Biston All Citizens of Cities and Mr. Tasborough to which Committees this present Tuesday also were added Mr. Arnold and Mr. Hubbard Sir Edward Hobbie one of the Committees in the Bill against Counterfeiting of the hands of the Lords who were appointed on Saturday the 12 th day of this instant November foregoing shewed their meeting yesterday and complaining that albeit Yesterday last in the Afternoon was appointed for their meeting and the Committees names with the time and place read yesterday in the House none except Mr. Comptroller Mr. Chancellor himself and one other more of the said Committees came to the said Committee so that nothing was done therein And so the names of the said Committees being eftsoons now read by the Clerk the
Members of the same House at other times did as appeareth plainly by that which immediately followeth and upon like departure of Sir Henry Knivet set down at the end of this present day also Sir Robert Wroth and M r Sowtherton are nominated to make Collection of the Members of this House both for the Minister his pains in saying Prayers in this House and for the Poor Two Bills of no great moment had each of them one reading of which the second being the Bill for maintenance and reparation of Stains Bridge and Egham-Cawsey was upon the second reading committed unto Mr. George Moore Sir Robert Wroth Mr. Amersham and others And the Bill was delivered to Mr. George Moore who with the rest was appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of the Clock Four Bills also had each of them their third reading of which the last being the Bill against Forestallers Regrators and Ingrossers was read the third time and after sundry Speeches both with the Bill and against it passed upon the question Mr. Serjeant Drew and Mr. Doctor Stanhop do bring from the Lords a Bill Intituled An Act concerning the School at Seavenoake Two Bills lastly had each of them one reading of which the second being the Bill for the better Execution of the Statute made in the twenty third year of the Queens Majesties Reign for the abolishing of Logwood alias Blockwood in the dying of Cloth Wooll or Yarn was read the third time and passed upon the question Sir Henry Knivet one of the Burgesses for the Borough of Malmesbury in the County of Wilts is for his necessary businesses licensed by Mr. Speaker to depart into the Country leaving with Mr. Fulk Onslow Clerk of this House ten shillings for the Poor and three shillings and four pence towards the recompence of the Minister that said Prayers in the House which he received accordingly On Friday the second day of December the Bill for the establishing of an Award made between Edmund Cotton Gentleman and Thomas Harvey Yeoman was read the first time Mr. Edward Moore one of the Committees for drawing of a Bill concerning Armour and Weapons whose names see before on Tuesday the 8 th day of this instant November shewed the meeting and travel of the Committees and delivered in a Bill for that purpose and another Bill also for the Company of Armorers for the suppressing of false and deceitful Armour and Weapons brought into this Realm from beyond the Seas Mr. Wingfield one of the Committees in the Bill for draining and recovery from the Water of certain over-flown grounds in the County of Norfolk who were appointed on Friday the 25 th day of November foregoing shewed the meeting and travel of the Committees and their Amendments in some parts of the said Bill and so delivered in the same Bill to the House Four Bills of no great moment had each of them one reading of which the last being the Bill to prevent double payment of Debts upon Shop-Books was upon the second reading committed unto Mr. Jackson Mr. Maynard Mr. George Moore Sir Edward Hobbie Mr. Wingfield Mr. Fettiplace Sir Francis Hastings Sir Thomas Cecill and others and the Bill was delivered to Mr. Fettiplace who with the rest was appointed to meet to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Sir Edward Hobbie one of the Committees for the Hospital of Warwick who were appointed on Friday the 18 th day of November foregoing shewed the meeting and travel of the said Committees with some Amendments in the Bill and so delivered in the Bill to the House The Bill for the re-edifying of Whitby-Haven had its second reading and upon the several questions for the committing or the ingrossing was rejected Mr. Bourchier one of the Committees in the Bill touching the transporting of Sheep-Skins and Pelts who were appointed on Saturday the 26 th day of November foregoing shewed the meeting and travel of the Committees and their Amendments in some parts of the Bill and so delivered in the Bill to the House The Councel Learned on both sides in the Bill concerning the Towns of Lowestoft and Yarmouth in the County of Norfolk were this day heard at large in this House at the Bar till the breaking up of this Court On Saturday the third day of December Four Bills had each of them one reading of which the last being the Bill for the speedy punishment of certain Felons and the manner of their delivery was read the first time Mr. Thomas Balg Recorder of Stamford and one of the Burgesses of the same is for his necessary business in her Majesties Service licensed to depart and left five shillings with the Clerk of this House for the relief of the Poor and the pains of the Minister Mr. George Moore one of the Committees in the Bill for Staines-Bridge and Egham-Cawsey who were appointed on Thursday the first day of December foregoing shewed the meeting and travel of the Committees and some Amendments in the said Bill which Amendments being twice read the Bill was Ordered to be ingrossed The Amendments in the Bill for Bristol being twice read the same was Ordered to be ingrossed Mr. Serjeant Yelverton one of the Committees in the Bill for repairing of the Bridge of Newport who were appointed on Tuesday the 29 th day of November foregoing shewed the meeting and travel of the Committees and their adding a Proviso to the Bill which Proviso being twice read the Bill was Ordered to be ingrossed The Bill for recovery of surrounded Wastes Marish and Watery grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln and Norfolk was upon the second reading committed to Sir Thomas Cecill the Knights of Norfolk Northampton Lincoln Cambridge Huntington Suffolk Essex Sussex and Bedford the Burgesses of the Boroughs in the said Shires Mr. Oxborow and others And the Bill was delivered to Sir Thomas Cecill who with the rest was appointed to meet this Afternoon at two of the Clock in the Exchequer Chamber The Bill for the Hospital called Nevill's Hospital in the County of York had its third reading Upon the Motion to have Mr. Bird the Master of the said Hospital heard with his Councel before the Bill be put to the Question for the passing day was given for him to be heard with his Councel in the House upon Monday next Five Bills were sent up to the Lords from the House of Commons by Mr. Comptroller and others of which the first was the Bill against Forestallers Retaylers c. the second concerning Arthur Hatch and a third was for the abolishing of Loggwood alias Blockwood in Dying of Cloths Two Bills of no great moment had each of them one reading of which the second being the Bill concerning the Confirmation and establishment of the deprivation of divers Bishops in the beginning of her Majesties Reign was upon the second reading committed unto Mr. Serjeant
the Lord Keeper to tell us that she hoped we would not hereafter meddle in Cases of this nature so nearly touching her Prerogative Royal. Mr. Martin spake to this effect I agree with one that said Learning should have her Reward but I say more that our Souls should have their Spiritual Food And I do wish that Divines may have promotion not only with good convenience but also with good abundance Though I be Zealous yet I hope to refrain and restrain my self from that heat which the heat of my Zeal and love of my Country drew me into very lately for which I do not only acknowledge my self guilty in your Censures but also crave Pardon of every particular Member of this House that heard me but most especially of him I offended But touching this Bill Mr. Speaker and so he spake to the Bill c. After this Speech an old Doctor of the Civil Law spake but because he was too long and spake too low the House hawk'd and spat and kept a great coil to make him make an end Which Speech finished Sir Francis Hastings stood up and said My Masters I utterly dislike this strange kind of course in the House it is the antient usage that every man here should speak his Conscience and that both freely and with attention yea though he speak never so absurdly I beseech you therefore that this may be amended and this troubling of any man in his Speech no more used But to the matter Mr. Speaker I protest that which I shall speak I will utter to you all out of the Conscience of a Christian Loyalty of a Subject and heart of an Englishman I know that Distributio Parochiarum est ex jure humano non Divino But he that said so much give me leave to tell him that Distributio verbi Divini est ex jure Divino humano If then by the distributing and severing of Benefices to divers learned men the Word may be the better distributed unto the people and preached as God be thanked it hath been these forty three years under her Majesties happy Government the point of whose dayes I beseech the Almighty may be prolonged I see no reason Mr. Speaker why we should doubt of the goodness of this Bill or make any question of the committing thereof c. Mr. Roger Owen after particular Answers to divers particular Objections by Doctors shewed that a Statute was but privatio communis Juris And this Act will make no Innovation because it repeals only the Proviso and not the Body Whereas it was said by a Doctor that Honos alit artes and much more to that purpose And if you take away the honour and reward then you take away the Study it self For Answer thereunto Mr. Speaker I say under favour that this Statute takes away no Benefices from the Clergy but doth only better order the distribution of Benefices among the Clergy For another Doctor that alledged a Canon confirmed under the Great Seal of England I say under favour that they of the Clergy and not we of the Laity are bound thereby for they are as it were By-Laws to them but not to us Then the Speaker stood up and put it to the question for the Commitment Whereupon it was Ordered by the more Voices that it should be Committed But the Committees Names being omitted in the private Journal they are supplied out of the Original Journal-Book it self and were as followeth viz. All the Queens Privy Council and all the Learned Councel being Members of this House Sir Walter Raleigh Sir Francis Hastings Sir Carew Reignolds Mr. Francis Bacon and divers others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Mr. Speaker did lastly this Forenoon move the House to resolve whether they would sit to Morrow or no it being the day of her Majesties most Blessed and Hereditary Succession to the Crown of England To which after a little Speech had It was agreed by the House that after the Sermon was done at Westminster which would be ended by ten of the Clock they would sit the residue of the Forenoon And this was affirmed to be the antient Custom On Tuesday the 17 th day of November Three Bills of no great moment had each of them one reading of which the first being 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 Copy-hold Lands c. was read the first time And the third being the Bill against unlawful Hunting of Deer or Conies in the Night time was read the second time and upon the question of ingrossing was rejected Heyward Townsend of Lincolns-Inn Esq delivered in a Bill to Mr. Speaker Intituled An Act to prevent Perjury and Subornation of Perjury and unnecessary expences in Suits of Law Upon the delivery whereof he said Mr. Speaker I take every man bound in Conscience to remove a little mischief from the Common-Wealth before it take Head and grow to a great inconvenience This mischief is ordinary and general and therefore though but small to be considered and provided for And if a Heathen Philosopher could admonish us obstare principiis I see no reason but men indued with Christianity should be sensible of the least hurt or sore growing in his Country either regardless or respectless For which purpose a Gentleman well experienced having found this grief common to the poorer sort like a good Subject tendring all the parts of this Common-Wealth engaged me at my coming into the House this Morning to offer unto all your considerations this Bill which it may please you to entertain with that willingness it is offered I doubt not but this inonvenience will quickly be redressed And thereupon the Bill according to the desire of the said Mr. Townsend had its first reading The Bill for Confirmation of Letters Patents made by King Edward the Sixth unto Sir Edward Seymour Knight was upon the second reading committed unto the Queens Learned Councel Members of this House the Masters of Request Sir Robert Wroth Sir Maurice Barkley and others who were appointed to meet in the Committee Chamber of this House upon Friday Morning next The Bill for the strengthening of the Grant 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 was read the second time and committed unto all the Queens Learned Councel being Members of this House Mr. Doctor Caesar Sir Edward Hobbie Sir Robert Wroth Mr. Dr. Bennet and others who were appointed to meet upon Saturday next at Lincolns-Inn Hall at two of the Clock in the Afternoon The remainder of this days Passages follows out of the private Journal An Act to suppress the Sin of Adultery was read the first time The substance whereof was that if a Woman or Man or both were
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.
House when the Bill is brought in again p. 603. An Amendment of a Proviso added to a Bill in the Upper House agreed upon by the Committees of both Houses at a Conference it is consented unto by the whole Upper House that the Amendment shall be made in the House of Commons and be sent up in paper to the Lords to be by them inserted in the Proviso p. 616 Answers by the Lord Keeper given unto Messages sent from the House of Commons use to be given by him sitting with his Hat on and all the Lords keeping their places p. 439 440 Apparel a Bill against buying it without ready money save by men of such a degree p. 69 70. A Bill to avoid excess in it p. 112. dashed p. 134. Another for not buying wares sold for Apparel without ready money dashed p. 188. Another Bill for reformation of excess in Apparel p. 228. another for the same p. 424. another having passed the Commons is rejected by the Lords and why p. 594 Arch-bishops a Bill declaring the manner of making and consecrating of them and other Bishops to be good p. 108. 110. Arch-bishop of Canterbury the first Peer of the Realm p. 140 Assistants Vide Committees Attach No Peer to be Attached during the Sessions of Parliament p. 203. nor any of their Menial Servants committed to Prison p. 314. 323. 530 c. but other of their servants may p. 315. two committed close Prisoners to the Fleet for arresting a Servant of the Lord Chandois p. 530. another also for arresting the Arch-bishop of Canterbury's Servant p. 532. on what conditions they have their enlargement p. 533. A question moved whether an ordinary servant of the Queens being no Parliament-man be priviledged from being attached in the time of Parliament p. 603 604 606. When a servant of a Peer is committed to Prison upon Execution resolved that he shall be brought to the House not by issuing out a Writ of priviledge of Parliament to the Sheriff but by immediate order from the House to the Gentleman Usher or Serjeant at Arms. p. 605. but the contrary resolved upon search of Precedents and the Lord Keeper to make out the Writ p. 608 Queens Attorney made a Joint-Committee with the Lords p. 142 Award Ordered that if the parties at variance will not enter into such Bond as is appointed by the House to stand to the Award of such Lords as the matter is reserr'd to they shall be committed to Prison p. 618 B. BAbington's Conspiracy 28 Eliz. a Parliament called thereupon p. 375 Bacon Sir Nicholas made Lord Keeper 1 Eliz. p. 1. his Speech to the first Parliament of the Queen in an 1. of her Reign p. 11. His Speech to the Speaker of the House of Commons in the same Parliament at his admission p. 15. and his Reply to the Speakers disabling himself and to his Petitions p. 16. His Reply to the Speaker's Speech at the end of this Session p. 31 32 33. His Speech to the Parliament 5 Eliz. p. 59. at the end of the Session p. 75. and so at the beginning and end of each Session during his life till 23 Eliz. when he was succeeded by Sir Thomas Bromley p. 226 Baron Lord Chief Baron who is but an Assistant to the Upper House made a Committee p. 108 109 Belgrave a Member of Parliament his Case against whom was preferred a Bill in the Star-Chamber for a misdemeanour against a Peer p. 612 Bills usually not spoken to upon the first reading p. 17. Precedents of the contrary ibid. When a Bill has past one House it is seldom Committed or Ordered to be Ingrossed by the other and why ibid. and p. 19 20. 147 148. 326. sometimes Committed upon the first reading Precedents thereof p. 17 18 69. sometimes neither Committed nor Ingrossed either upon the first or second reading p. 111. the manner of delivering a Bill from the House of Lords to the House of Commons p. 19. the manner of passing of a Bill ibid. Bills of Grace seldom Committed nor Ingrossed and why p. 20. sometimes have but one reading p. 73. 91. 464. how passed into Acts. p. 116. Bills sometimes in Queen Elizabeths time not ingrossed till the day after the second reading but now always on the same day p. 26 27. The manner of giving the Royal Assent unto such Bills as are passed into Acts and of disallowing those that are not p. 35. 76. 116. A Bill is sometimes rejected after it has passed the third reading p. 271. A Bill passed by the Lords and rejected by the Commons the Lords expect an account of the reasons of such rejection p. 272 273. Bills of general pardon and of Subsidies not passed into Acts like other Bills p. 274. 328. When Bills are sent up from the Commons the Lord Keeper and the rest of the Lords are to arise from their places and to go down to the Bar to receive them p. 439 440 Bishops are commanded to reform abuses in Religion p. 345. Why their names are placed on the dexter side of the Journal of the Upper House p. 422. Vide Popish and Arch-bishop Bloud Vide Restitution in Bloud Bromley Sir Thomas made Lord Chancellor 22 Eliz. p. 226. he died in April 29 Eliz. p. 419 Lord Burleigh his place in Parliament p. 543. C. CAnterbury Vide Arch-bishop Chancellor a Bill declaring his Authority and that of the Lord Keeper to be all one p. 70. Letters Patents to the Lord Chief Justice to supply his place when absent p. 143 A Bill that Chancellors Commissaries c. shall be Graduates in one University p. 72 Clergy Vide Subsidy Coaches a Bill to restrain the excessive use of them within this Realm in 43 Eliz. p. 602. Collection of money for the poor usually made towards the end of a Parliament p. 616. Commissions to certain Lords to Prorogue the Parliament p. 77. 93 94. 274. Verbal Commission to the Lord Treasurer to supply the Lord Keepers place p. 99. A Commission in writing to the Lord Chief Justice to the same purpose p. 102. 383. a revocation of the same p. 108. A Commission 35. Lords or any three of them to dissolve the Parliament p. 275. the like p. 329. and 389. A Commission to three Lords to supply the Queens place in the Parliament 28 29 Eliz. p. 377. These Lords are stiled Lords Lieutenants p. 378. The Parliament cannot be dissolved without a Commission unless the Sovereign be present to give the command to the Lord Keeper c. p. 547. Committees the Judges Queen's Serjeants Baron c. made Joint-Committees with the Lords vide Judges Serjeant Baron c. An Order of the House that a Committee who disallows the Amendments of a Bill or something in the body of the Bill it self may give his reasons to the House when the Bill is brought in again p. 603. A Bill may be delivered to the eldest or youngest Baron of a Committee or indifferently to any of them p. 607. 610.
Two Committees for two several Bills made one Committee for both Bills p. 607 Common Prayer vide Uniformity Conference to be had before a Bill passed either House be rejected by the other p. 272 273. 388. Vide the Table to the Journal of the House of Commons Contribution of two shillings in the pound made by the Lords towards the Queens extraordinary charge in defence of the Realm p. 387. Contribution made by them for relief of such poor Souldiers as went begging in the Streets of London p. 462. An Order that such Lords as were absent the whole Session should pay double to what others did who constantly attended the service of the House and those that came but seldom to the House a third part more p. 463 464 Convocation-days the House of Lords either sit not or do little business on them p. 67 Crown a Bill restoring to it the ancient jurisdiction over the State Ecclesiastical and Spiritual c. p. 28 D. ABill for Denization of Peregrine Berty and Katharine Dutchess of Suffolk his Wife p. 145. of William Watson p. 148 Dissolve vide Commissions Doctors of the Civil Law made Joint-Committees with the Lords p. 145 E. EGerton Sir Thomas made Lord Keeper 38 Eliz. p. 522. His Speech to the Parliament 39 and 40 Eliz. p. 524. Q. Elizabeth enter'd on the Government Nov. 17. ann Dom. 1558. p. 1. and within nine weeks summons a Parliament viz. Jan 23. ibid. A Bill in that Parliament to make her inherit able to the late Q. Anne her Mother p. 19. she is averse from declaring a Successor p. 107. 127 128. Her sharp Speech to the Parliament in ann 8 and 9. for their Petition to that purpose p. 116. She remitteth the third payment of a Subsidy to take the Parliament off from urging her to declare a Successor p. 131. Her Pious Speech at the end of the Session 27. of her Reign p. 328. In the Parliament 28 and 29 of her Reign called upon the discovery of Babingtons conspiracy she appeared not in person but gave Commission to three Lords to supply her place with the title of Lords Lieutenants p. 377 378. Both Houses petition her to execute the sentence upon Mary Queen of Scots with her Answer thereto p. 380 381 382. Her Speech at the end of the Parliament in 35 of her Reign p. 466. Her great success against the Spaniard set forth in a Speech by the Lord Keeper p. 599. Jewels given to her Physicians to poyson her p. 599 G. GArgrave Sir Thomas chosen Speaker to the Commons in the Parliament holden 1 Eliz. p. 15. and 40. The manner of his disabling himself to the House first and then to the Queen ibid. His Petitions of course on behalf of the House of Commons p. 16. His Speech at the conclusion of the Session p. 31 Gavelkind what and in what places it obtaineth p. 272. A Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom p. 533 Gentleman-Usher of the House claims right to bring such persons before the Upper House as are accused of breach of priviledge and sayes it does not belong to the Serjeant at Arms. p. 603. He is sent for an ordinary servant of the Queens committed to the Fleet for debt upon Execution and for him that arrested him p. 605. 607. This not to injure the Serjeant at Arms in his pretensions to that office p. 607 Grace Vide Bills and Acts. H. HAtton Sir Christopher made Chancellor 29 Eliz. upon the death of Sir Thomas Bromley p. 419 Herald at Arms in ordinary to the Queen not to have priviledge from Arrest on account of the Session of Parliament p. 608. 611 Hexamshire a Bill to annex it to the County of Northumberland and its Ecclesiastical Jurisdiction to the Bishoprick of Durham 8 9 Eliz. p. 103. but not passed into an Act till 14 Eliz. p. 200 Horses a Bill against conveying them into Scotland 1 Eliz. being a revival of an Act made 23 H. 8. p. 21 22 Lord Hunsdon's place in Parliament between the Lord Chandois and the Lord S t John of Bletso p. 530. 543 I. INgrossing of a Bill what p. 18. Vide Bills Injunctions to stop proceeding at Law in Parliament time p. 21 Judges who are but assistants to the Upper House made Joint Committees with the Lords p. 67. 71. 99. and so in every Parliament till 39 40 Eliz. p. 142. 527. but only to consider of some ordinary Bill and which concerned matter of Law for they were never of such Committees as were to have Conference with the Commons p. 423. They have leave from the Lord Chancellor or Keeper to sit covered in the House but are always uncovered at a Committee p. 527 K. KEeper vide Chancellor Kentish-Street in Southwark a Bill for the paving of it 8 and 9 Eliz. p. 112 L. THE River Lee a Bill to bring it to the North-side of London 13 Eliz. p. 150 Low-Country Wars a voluntary contribution of both Houses towards the maintaining of them p. 387 M. MArry see the word in the Table to the Journal of the House of Commons the Queen Petition'd by the House of Lords to marry with her Answer p. 105. 107. The advice and consent of the Parliament often required for the marrying of the Kings of England p. 117 119. Earl Marshal his place in Parliament is betwixt the Lord Chamberlain and the Lord Steward p. 535 Queen Mary died Nov. 17. 1558. in the sixth year of her Reign p. 1 Mary Queen of Scots Vide the Table to the Commons Journal Mason Anthony Esq Clerk of the Upper House 13 Eliz. p. 137. He is succeeded by Thomas Smith Esquire in the Parliament 39 40 Eliz. p. 522 Melcomb Regis Vide Weymouth Messages sent from the House of Commons to the Upper House are received by the Lord Keeper and the rest of the Lords at the Bar whither they are to go and meet those that come from the Commons p. 539 540 Mises not to be paid by the Shires of Wales and County Palatine of Chester when Subsidies are paid nor the contrary p. 20 Monopolies Petition'd against in 39 40 Eliz. which the Queen judges an invasion of her Prerogative ibid. N. A Bill of Naturalization of Gerson Wroth a German p. 22. of William Sidney and his Wife and of Sir John Wingfield and his Lady p. 462. of Justice Dormer and George Sheppy p. 464. of Samuel Saltingstal p. 488 Newgate the Keeper of it committed to the Fleet for not obeying an Order of the Lords for the bringing of one that was Prisoner there upon Execution and was Servant to a Peer p. 608 Duke of Norfolk a Bill for the confirmation of his marriage with the Lady Margaret his Wife 1 Eliz p. 22. and for the assurance of certain Lands for her Jointure p. 25 Earl of Nottingham his place in Parliament betwixt the Earl of Lincoln and Lord Viscount Bindon p. 543 O. OBjections against a