ac vobis per seperalia Brevia nostra apud Civitat diem praedict interesse mandaverimus ad tractandum consentiendum concludendum super hiis in dicto Parliamento nostro tunc ibidem proponerentur tractarentur quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usque ad quartam diem Februarii prox futur duximus prorogandum Ita quod nec vos nec aliquis vestrum ad dictum duodecimum diem Novembris apud Civitatem praed comparere teneamini seu autemini volumus enim vos quemlibet vestrum nos penitus openerari Mandanies tenore presentium firmiter injungendo precipientes vobis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum quartam diem Februarii apud praedictum Civitate Westmonaster personaliter compereatis intersitis quilibet vestrum compereat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de Communi consilio dicti Regni nostri favente Domino contingerint ordinari In cujus rei testimonium has literas nostras sieri fecimus Patentes Teste meipsam apud Westm quinto decimo die Octobris Anno Regni nostri tricesimo Per ipsam Reginam Ha. Gerrarde And according to this Prorogation the Parliament held on the fourth day of February following when the Queen's Majesty in her accustomed state and order came to the Upper House accompanied by Sir Christopher Hatton Knight then Lord Chancellor of England and divers of the Nobility of which the Journal-book maketh mention in manner and form following On Tuesday the fourth of February Feb. 4. The Q. comes to the House of Lords in the 31th year of the Reign of Queen Elizabeth to which day the Parliament had been last prorogued and accordingly now held the Queen's Majestie was personally present in Parliament but the Journal-book doth not mention the names of such Lords as were then present The Queen being set under her Cloath of Estate and the Lords placed in their several ranks and order and as many of the House of Commons as conveniently could being let in and standing before the Bar Sir Christopher Hatton Knight Lord Chancellor of England Heads of the L. Chancellor Hatton's Speech in a well-framed and discreet Speech did there declare unto them at large 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 enjoyeth by her Government and remembred the great Conquest over the Spanish late wonderful Army or Fleet on the Seas viz. Anno Dom. 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed that 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 as by councel of man is possible to be made and provided that Arms Souldiers and Moneys may be in readiness and an Armie prepared and furnished against all Events The Lord Chancellor's Speech being ended the Clerk of the Parliament read the Names of the Receivers and Triers of Petitions in French according to the usual form which were these Receivers of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Committees or Receivers and Triers of Petitions Sir Gilbert Gerrard Kt. Master of the Rolls Sir Robert Shute one of the Justices of the Kings-bench Dr. Aubery and Dr. Ford. Receivers 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 Dr. Clarke and Dr. Cary. Triers 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 the Lord Cobham and the Lord Gray of Wilton Triers of Petitions for Gascoigne and for other Countries on the other side the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrooke the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and Lord Buckhurst During this Parliament upon several days seven Temporal Lords sent their Proxies so did five Spiritual Lords Et norandum That all the said Spiritual Lords excepting one did every one constitute two several Proctors and the fifth being John Bishop of Carlisle whose Proxie was returned February the fifth made onely one viz. the Archbishop of Canterbury his Proctor It likewise seldom happeneth that any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one Nota That the Lord Burleigh had this Parliament four Proxies sent unto him viz. one from the Lord Dacres one from the Earl of Warwick one from Viscount Mountacute and one from the Lord Lumley Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox hora secunda post meridiem On Thursday February 6. to which day the Parliament had been last continued the Queens Majestie was personally present coming to the said Parliament in her accustomed state and order about three of the clock in the afternoon it being the time appointed for the House of Commons to present their Speaker who they had been authorized to chuse on Tuesday last when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesses of the House of Commons being let into the Upper House two of the most eminent persons of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law Geo. Snagg their Speaker presented to the Queen Excuses himself who was chosen the Speaker of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majestie to discharge him of that great Place and to nominate some other more able and sufficient Member of the same House Whereupon the Lord Chancellor by commandment from the Queen The Queen approves of him did let him know That her Majestie did very well allow of his Choice and thereupon encouraged him willingly and cheerfully to undertake and execute that Charge and Place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor's the said Speaker according to the usual course and form rendering all humble thankfulness to the Queens Majestie for her underserved
First that all should remove into the Court of Requests There the Lord High-Steward sitting at the door called the Knights and Burgesses of every County according to the letters of their names in the Alphabet Alphabetically every one answered as he was called and having answered departed thence up to the Parliament-house-door and there took the Oath of Supremacy given him by one of the Queens Majesties Privy Counsellors His Oath taken The Members are sworn then he entered again and took his place as Knight or Burgess of the House The Fee for entering his name into the Serjeants book is 2 s. the Rewards to the Door-keepers being 3 s. and 8 d. the Fee for returning the Indenture 2 s. This done there was no further proceeding in any matter till two of the clock in the afternoon about which time the Nobility came and were set in the Upper House The Qu. comes to the House of Lords the Queen came privately by water After her Majesties coming and the Lords being all sat the Lower House had intelligence thereof and went to attend in the Upper House below the Bar being well repleated with those that had gotten in before privately The door was shut upon us until the Lord Keeper had gone a good step in his Oration The Lower house finding themselves discontented at this because of custome the way ought to have been opened murmured so loud that the noise came to her Majesties ears who presently commanded the doors to be set open which was done and by that time the Lord Keeper was upon these words following The former part of his Oration seemed to set forth matter of form onely as the manner of Parliaments their Antiquities c. The Lord Keeper's Speech HE set forth the great malice of the King of Spain which he had towards this Realm and that he shewed by sundry instances His last Invasion intended Heads of the Lord Keeper's Speech Vide Journal of the House of Lords his Forces then addressed out of the Low Countries for that purpose to have been conducted by the Duke of Parma The high and mighty Ships that he then prepared and sent for that purpose which because he found not fit for our Seas and such a purpose he is building Ships of a lesser bulk Spaniards preparations by Sea after another fashion some like French Ships some like the Shipping of England and many he hath gotten out of the Low Countries He is now for the better invading of England planting himself in Britain Plants himself in Britany a Country of more facility to offend us than the Low Countries there he hath fortified himself in the most strong Holds in 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 Corrupts the Scots against their King to assist him to invade England and to assist him in his Invasion and a great part of the Nobility in Scotland are combined in this Conspiracy and they have received great sums of money for their service herein And to assure the King of Spain of their Assistance To which they consent they have signed and sent their Promises sealed unto that King These Conspiracies the King of Scots was brought hardly to believe but that her Majesty advertised him thereof having received intelligence thereof as she hath of all things done and intended in those parts The King of Scotland informed of their practices by the Queen And that the King might better advise thereupon her Majesty hath sent one of her Noblemen into Scotland and that King hath assured her Majesty with all his ability and endeavour to prevent the Spaniard whose purpose is on the North part 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 the Enemy being such his Forces joyned with other Princes his adherency is great the charge of her Majesty for the defence of her Realm both with Forees by Sea and Armies by Land hath been such that 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 Crown-lands 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 sit for us to do and with all willingness yield part of our own for the defence of others and assistance of her Majesty And therefore he wished that care might be had for advancing of the Subsidies from the wealthier and better sort and concluded with a desire that the greatest part of the time might be spent by material short Speeches in advising and providing for the defence of the Kingdom against the forraign Enemy After which Speech ended her Majesty calling the Lord Keeper unto her by whose commandment he gave the Lower House authority to chuse their Speaker and to present him on Thursday following the 22th day of February unto which day he adjourn'd the Parliament Upon this Adjournment the Knights Citizens and Burgesses of the House of Commons departed into the Lower House and there chose Edward Cooke Esq the Queen's Sollicitor to be their Speaker who after a discreet and modest excuse of himself was notwithstanding called to the Chair and placed in it After the Ceremony ended the House of Commons likewise departed for this day On Thursday Feb. 22. the Knights Citizens and Burgesses of the House of Commons met about one of the clock in the afternoon and about three the same day having notice that the Queens Majesty and the Lords were sat in the Upper House expecting them and their Speaker they repaired thither and as many as could getting in the Speaker was placed at the Bar where having with all humility excused himself and confessing that in the said House there were many more experienced Members thereof and better enabled for that service To which Speech the Lord Keeper having Instructions from the Queen answered That her Majesty did very well allow of himself to the Place to which he was chosen and did also commend the House of Commons for so discreet and fit a Choice Upon which Speech the Speaker accepting of the said Charge with all humble acknowledgment of her Majesties grace and favour towards him did in the conclusion thereof make these Petitions of course for the House of Commons and in their Names That they might have free liberty of Speech and freedom from Suits and Arrests of themselves and their followers and that they might have Access to her Majesties Royal Person upon all urgent and important occasions petitioning also for himself that if any thing were
to lie with it upon the Cape and at Lambuck to which places comes all his Ships with Riches from all places and then they may set upon all that comes Saturday March 3. there ensued some discouse touching the Priviledges of the House Sunday March 4. Munday March 5. Mr. Beale HE desired to satisfie the House Mr. Beale by reason it was conceived by the Lords the other day that upon his Motion and by the President he shewed the House was led to deny a Conference with the Lords he acknowledged he mistook the Question appointed for there being but a Conference desired by the Lords and no confirming of what they had done he thought we might and thought fit we should confer And to this end he onely shewed the President That in the ninth year of Hen. 4. the Commons having granted a Subsidy which the Lords thought too little and they agreed to a greater and would have had the Commons to confirm that they had done This the Commons thought they could not do without prejudice to their honour Wherefore he acknowledged himself mistaken in the Question and desired if any were led by him to be satisfied for that he would have been of another opinion if he had conceived the matter as it was meant Sir Robert Cecill I Desire now I may be somewhat long Sir Rob. Cecill because I must include an Answer to three Speeches Those two honourable persons which sit above the one of them declared the true state of the Question the other what was sit we should do but my Answer shall tend onely to the other Tales that followed The first was a kind of satisfaction for a former mistaking but in the same satisfaction a new mistaking was also which was by way of information casting it into the House that the Queen should seem to demand three Subsidies Now the Queen never demanded three nor one so here is a new mistaking added to the former satisfaction The second mans Motion thus far I allow that the Councels of this House be secretly kept and that nothing be reported in Malam partem but if his meaning be that we may not impart any thing that is done here unto the Queen but that all things must be kept secret from her I am altogether against it This onely I should desire what ought to be observed that nothing ought to be reported unto her in Malam partem The third mans Motion consisted upon three points The first was News the second History the third and last a Motion His News was that mens Names were given up to the Queen this was News for I heard it not before The History was a large Report of the whole progress of this matter His Motion was that we should confer with the Lords about a Subsidy but not conclude a Subsidy with them His Motion seems contrary to his meaning or else is more than ever was meant for it was never desired of us by the Lords that we should confer with them about a Subsidy Sir Walter Rawleigh HE informed the House that he thought the Division of the House the last day Sir Walter Rawleigh to grow upon the mistaking of the Question and that some had since reported to him That had the matter been resolved that onely a general Conference was desired most of them that sat would not have been against it Wherefore he desired Mr. Speaker to put it to the question Whether they should confer with the Lords generally or no without naming a Subsidy This Motion being well liked Sir Walter Rawleigh was desired by the House to repeat it again that so it might be the better heard of them all And thereupon he said That touching the aforesaid Question which had receiv'd a No upon Saturday last he would not make it a Question again for by the Order of the House he could not but propound this for a new Question in these or the like words Whether the House would be pleased to have a general Conference with the Lords touching the great and eminent dangers of the Realm and State and the present necessary supply of Treasure to be provided speedily for the same according to the proportion of the necessity Which Question being propounded it was assented unto by all without any negative voice On Tuesday March 6. two Bills had each of them one reading of which the second being a Bill for confirming Letters-Patents granted to the Mayor Sheriffs Citizens and Commonalty of the City of Lincoln was read the second time Sir Edward Hobby one of the Committees for Returns and Priviledges shewed that for the Burrough of Calmesford in the County of Cornwall one Richard Leech was returned to the Sheriff for a Burgess by a false Return and that afterwards Sir George Carew Knight was returned Burgess by the true Return and alleadging that the said Richard Leech offer'd to yield the place to the said Sir George Carew he moved for the Order of this House therein And thereupon Mr. Speaker was appointed to move the Lord Keeper in the said Case for his Order either for his allowance of the said Sir George Carew in the place of the said Richard Leech or else in awarding a new Writ for chusing another at his Lordships pleasure And so for his Lordships Order in the Case of the Burgess returned for the Burrough of Southwark in the allowance of Richard Hutton already returned or else in awarding a new Writ for chusing another at his Lordships pleasure And so also for his Lordships altering the name of John Dudley to the name of Thomas Dudley in the return of one of the Burgesses of Newtown in the County of Southampton or else to award a new Writ at his Lordships pleasure Divers other Bills were read on this day On Wednesday March 7. Sir Edward Hobby moved the Case of Mr. Fitz-Herbert his bringing up unto this House by a Hab. Cor. cum causa from the Lord Keeper sheweth that he hath moved the Lord Keeper touching the said Writ and that his Lordship thinketh best in regard of the ancient priviledges of this House that a Serjeant at Arms be sent by order of this House for the said Mr. Fitz-herbert at his own charge by reason whereof he may be brought hither to this House without peril of being further arrested by the way and the state of his Cause consider'd of and examined when he shall come hither which was thereupon well liked and allowed of by this House Three Bills had each of them one reading of which the second concerning the lawful deprivation of Edward Bonner late Bishop of London was read the second time On Thursday March 8. Mr. Speaker shewed unto this House that according unto the appointment of this House he hath attended the Lord Keeper touching his Lordships pleasure for the directing of a new Writ for the chusing of another Burgess for the Burrough of Southwark in the County of Surrey instead of Richard Hutton Gentleman
with an Amendment thought fit to be put into the Bill the Amendment thrice read and appointed to be fixed in the Schedule of the Bill On Munday Nov. 28. the Bill that was sent from the Lower House with this Title viz. an Act for the repeal of a Statute made in the 23 year of her Majesties Reign entituled An Act for the increase of Marriners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereto viz. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title as also of some Amendment in the body of the Bill added by the Committees sent by Mr. Atturney-General and Dr. Carew On Thursday Decem. 1. Decemb. 1. the Parties that arrested the Lord Chandois servant viz. Wood and Stevenson with two others brought into the House by the Serjeant at Arms and upon some notice taken of the matter Mr. Justice Owens and Mr. Serjeant Drew were appointed to examine the same and make Report thereof to the Lords The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and Lord St. John of Bletsoe This day an Act concerning the School at Sownocke tertia vice lect and sent to the Commons House On Saturday Decemb. 3. An Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title which Act was sent to the Lower House from hence for their consideration and allowance of this Title and some Amendments in the body of the Bill Upon the Report of Mr. Justice Owens and Mr. Serjeant Drew unto whom the Examination of the matter was committed concerning the Arrest of my Lord Chandois servant by one Stevenson a Serjeant in London at the Suit of one William Wood being found and judged to have wilfully offended therein against the Priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further directions from the Lords And whereas and were this day brought into the House before the Lords L. Chandois serâant Barston released out of Prison as supposed partakers in the same offence they upon examination being found not to have wilfully committed any fault therein were dismissed and order given by the Lords for the discharge of Edward Barston out of the Prison of the Counter Munday Decemb. 5. an Act for the better and safer recording of Fines to be levied in the Court of Common-Pleas read secunda vice and referred to the same Committees as before with the addition of the two Lords Chief Justices and Mr. Atturney-General The absence of the Earl of Essex the Lord Viscount Byndon the Earl of Cumberland the Lord Scroope the Lord Willoughby of Ersby and the Lord Bishop of Rochester were excused by the Lord Rich the Lord Chandois the Lord Wharton the Lord Zouche and the Lord Bishop of Bath and Wells Order was given for the release of Stevenson the Serjeant who arrested my Lord Chandois his servant On Tuesday Decemb. 6. an Act for erecting of houses of correction and punishment of Wanderers prima vice lecta On Wednesday Decemb. 7. an Act for the confirmation of the Joynture of Dame Christian the Lady Sandies secunda vice lect and commanded to be ingrossed On Thursday Decemb. 8. an Act for the erecting of houses of correction and for punishment of Rogues Vagabonds and sturdy Beggars secunda vice lect and referred to the Committees for the former Bill and the same time and place appointed for their meeting And also authority was given to the Committees to call such of the Lower House unto them at this meeting as they should finde cause to confer withal for the better perfecting of the Bill An Act for Arthur Hatch her Majesties Ward for the enjoying the Rectory and Personage of South-Moulton according to an Agreement secunda vice lect upon which reading it was ordered That all Parties whom this Bill may concern either on the part of Mr. Hatch or against him shall be heard openly in the House upon Munday next by their Counsel learn'd and all specialties concerning the same then to be produced to the end that it may be considered whether it shall be convenient to pass this Act or not Mr. Serjeant Drew and Mr. Atturney-General being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the Poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights An Act for the establishing of the possession of Henry Vpton Kt. deceased and for payment of his Debts read secunda vice A Motion made by some of the Lords and agreed to by the House that there should be respit of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alleadge if they finde cause why the Bill should not proceed the next Tuesday assign'd for this purpose William Cole the Knight-Marshal's man that arrested James Yorke the Lord Archbishop's servant was brought before the Lords by the Serjeant at Arms and being found upon his Examination before the Lords wilfully to have offended therein against the Priviledge of the House was Committed to the Fleet there to remain until their Lordships should give further directions for his enlargement On Friday Decemb. 9. an Act for the establishing of the Hospital of Queen Elizabeth in Bristol Bill to establish Q. Eliz. Hospital in Bristol and for relief of Orphans and Poor there read secunda vice Upon this reading some Amendments were thought fit by the House to be added which were presently drawn and agreed by the House and also twice read and commanded to be ingrossed On Saturday Decemb. 10. an Act that the Lord Montjoy may dispose of his lands whereof he is Tenant in tail as other Tenants in tail by the Laws and Statutes of this Realm may do a private Statute made to the contrary 27 Hen. 8. not withstanding secunda vice lect Upon the Motion of the Lord Marquiss of Winchester it was ordered that the Cause shall be heard openly in the House on Munday-morning by the Counsel learn'd on both sides An Act for the better recording of Fines to be levied in the Court of Common-Pleas returned and allowed by the House of Commons without any alteration expedited On Munday Decemb. 12. a Motion and Request made by the Lower House and delivered by Mr. Secretary Cecill accompanied with many others for a Conference to be had concerning the Bill entituled An Act concerning Tellers Receivers c. and assented unto Whereupon the Committees formerly named upon this Bill were appointed
in delivering an Answer from the Lords by the mouth of the Lord Keeper in other form and manner than as was pretended by the Knights and Burgesses in former times used as they did interpret it to the prejudice and derogation of the Liberty of the Lower House For whereas on the 14th instant Sir Walter Rawleigh Kt. with divers others of the Lower House were sent to the Lords to deliver a certain Message to this House after consultation had thereupon by the Lords and after signification thereof given to the said Sir Walter Rawleigh and the rest staying in the outward room for answer that they might come in and receive the same it was thought meet that the Lord Keeper should deliver the said Answer sitting in his place and every of the Lords keeping their places and not going out to the Bar as the use and form is when the Lords receive either Bills or Message from the Lower House and as the Lords had done once or twice before by errour or not attending the Formality and Order of the House in that point This was the Exception taken by the Message delivered this day from the Knights and Burgesses of the Lower House wherein they desired to receive satisfaction Upon which Message the Lords having consulted and delivered their Opinions touching that Order and Custome of the House as it had been observed and particularly noted by some of them that were the most antient and of longest continuance in Parliament and especially by the Lord Burleigh Lord Treasurer the most antient Parliament man of any that are at this present either of the Upper or the Lower House and likewise by the Lord Arch-bishop of Canterbury and by the Lord Admiral the Lord North the Lord Buckhurst and others that had been present at many Parliaments It was resolved The resolution of the Lords upon the Complaint That the Order and Usage of this House was and is that when any Bills or Messages be brought from the Lower House to be preferred to the Upper House the Lord Keeper and the rest of the Lords are to rise from their places and to go down to the Bar there to meet such as come from the Lower House and from them to receive in that place their Messages or Bills But contrary wise when any Answer is to be delivered by the Lord Keeper in the name and behalf of this House to such Knights and Burgesses as came from the Lower House the said Knights and Burgesses are to receive the same standing towards the lower end of the House without the Bar. And the Lord Keeper is to deliver the same sitting in his place with his head covered and all the Lords keeping their places and that whensoever it had been done otherwise the same was by errour or mistaking and therefore not to be drawn into an Example or President as it was acknowledged by the Lord Keeper this day and the rest of the Lords that the going of the said Lord Keeper and the rest of the Lords from their places unto the Bar some few days before once or twice to give answer to some of the Lower House whereof the Lower House seemed to take some advantage was onely by miscognizance or rather for want of due remembrance at the present of the Order and Custome of this House whereunto their Lordships having regard rather to the dispatch of matters of importance in the House than to Formalities were not greatly intentive This to have been the ancient usage of the House and that the same ought still to be was concluded by common and general consent of the Lords both upon particular remembrance and observations of the like course and Order holden afore-time by other Lords that held the place in the House of Lord-Chancellor and Lord Keeper and also by divers reasons urged and alleadged to prove and shew that the said Order doth best stand with the dignity and gravity of the House and with the conveniency and aptness for dispatch of Affairs appertaining to the Parliament and that the contrary course is both indecent and inconvenient This being so resolved and concluded The Lords send to the Commons to come up and know their Resolutions it was agreed that Mr. Atturney-General and Mr. Serjeant Drewe should go down to the Lower House and signifie from the Lords to the Knights and Burgesses That if they would send any of that House up to the Lords to receive Answer unto their aforesaid Demand Answer should be given them Whereunto the said Knights and Burgesses returned signification of their Assent by the said Mr. Atturney-General and Mr. Serjeant Drewe And within a very little time after sent up accordingly the said persons and divers of them who before had been sent to demand satisfaction but being come into the House and having placed themselves at the lower end of the room as at other times they accustomed expecting that the Lord Keeper and the rest of the Lords would come from their places and meet them at the Bar to deliver them Answer When the Lord Keeper moved them to come nearer to receive Answer 39 Eliz. and when they perceived the Lords were resolved not to come from their places to the Bar they protested by the mouth of Sir William Knolls The Commons protest that they had no Commission to receive Answer in that Form and so refusing to receive any Answer departed The Question and Difference thus remaining betwixt the Houses it was afterwards upon a motion sent from the Lords to the Lower House agreed on both parts The Question continuing the Lords desire a Conference that a Conference should be had and that the aforesaid selected persons of the House or so many of them as shall be needful should meet with divers of the Lords of the Upper House being nominated by the House for that purpose in the outward great Chamber before the Chamber of Parliament-presence to debate the matter and bring it to a conclusion Which Meeting and Conference being assented unto and afterwards accordingly there performed on the 19 of Jannuary and the Question debated and the reason and observation of former times for the aforesaid Order and Custom of the House being alleadged by the Lord Arch-bishop of Canterbury the Lord Treasurer the Lord Admiral the Lord North and the Lord Buckhurst that had been present in many Parliaments and especially by the Lord Treasurer the most antient Parliament-man it was found and resolved that the Order and Custom of the House was as is before written viz. where the Dispute is determined That when any Bills or Messages are brought from the Lower House to be presented to the Upper House the Lord Keeper and the rest of the Lords are to rise from their places and to go down to the Bar there to meet such as come from the Lower House and from them to receive in that place their Messages or Bills But contrarywise when any Answer is to be delivered
the putting thereof to the Question whether it should pass or no the Lady Fane yielded her consent to the passing of the same being thereunto perswaded by sundry of the Lords The Bill to avoid the double payment of Debts was read secunda vice The Lord Treasurer made Report That the Committees in the Bill concerning Letters-Patents c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose in respect of some doubts that were conceived whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon Mr. Atturney-General was required to deliver his Opinion on that behalf which being done by him accordingly to this effect That he thought the said Proviso needless and unnecessary and the Judges also concurring with him in that opinion nevertheless upon a Motion made by the Lord Bishop of London that the Counsel learned of the Earl of Shrewsbury and Mr. Holcroft whom the said Proviso did concern in particular might be heard in the House as they desired touching the same it was thought meet and agreeable to the honour and equity of the House that they should be so heard to which end their Counsel were appointed to give their attendance to morrow by eight in the morning And moreover for the better satisfaction of the House of Commons for the present Mr. Serjeant Yelverton Dr. Carewe and Dr. Stanhopp were sent unto them with this Message to signifie their Lordships desire to have proceeded to Conference with them this morning about the said Bill as was yesterday appointed and that the Lords were the more willing to give furtherance to the expediting of the said Bill in regard the same was especially recommended unto their Lordships from the said House but forasmuch as they found not themselves sufficiently prepared for this Conference by reason of some doubts that were not yet cleared unto them they desired the said Conference might be respited until Friday morning next at eight of the clock at the outward chamber neer the Parliament-presence unto which Motion the House of Commons willingly consented On Thursday Decemb. 10. the Bill for the establishing of the remainder of certain lands of Andrew Ketleby Esq upon Francis Ketleby was read tertia vice and sent to the House of Commons by Dr. Stanhopp and Dr. Hone. Two other Bills had each of them one reading of which the first being the Bill to avoid double payment of Debts was read tertia vice and expedited The Bill concerning Resumptions c. was this day delivered to the Lord Treasurer one of the Committees The Counsel learned as well on the behalf of the Earl of Shrewsbury as on the behalf of Thomas Holcrost Henry Candish and William Candish Esquires were heard at large in the House and thereupon Mr. Atturney was required to deliver again his Opinion concerning the said Provisoes offered on either part which being done accordingly in more ample and particular manner than he had done before and having also delivered his Resolution to sundry Questions propounded to him by divers of the Lords concerning the said Cause it was ordered as followeth Upon Debate in the House concerning several Provisoes offered by the Earl of Shrewsbury and Thomas Holcroft Henry Candish and William Candish Esquires to be annexed to the Bill entituled An Act for confirmation of Grants made unto the Queens Majesty and of Letters Patents made by her Highness to others it was at last agreed That the Lord Chief Justice of her Majesties Bench and the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and Mr. Atturney-General should draw some new Provisoes such as they should think indifferent for all parties and meet to be annexed to the said Bill and should present the same to the Lords to morrow in the morning before their Conference with the House of Commons concerning the said Bill The Lord Keeper signified unto their Lordships that he received command from her Majesty to let them understand her pleasure to be that the Parliament should end on Thursday the 17. or Friday the 18. of this instant Decem. at the furthest to the end that their Lordships may repair home to their Countries against Christmas and therefore she required them to employ and spend that time that remaineth in matters concerning the Publick and not in private causes Memorandum The Commons desire a Conference with the Lords about a Bill preferred in the Star-chamber against a Member of their House Quod dicto decimo Decembris those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matters touching the honour of both Houses did make known to the Lords the Committees nominated for that purpose That the occasion of such their Message was for that as they were informed Mr. Atturney-General had preferred a Bill into the Star-chamber against one Belgrave a Member of the House of Commons for and concerning some matter of Misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House and therefore they desired this mutual Conference letting their Lordships understand That to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects first that Belgrave being a Member of the House of Commons was thereby vexed and molested during his service in time of Parliament contrary to the honour and priviledge of the House saying that no Member of that House ought by any such means in time of his service to be distracted either in body or minde The other because in the said Bill They reflect on the Att. Gen. for preferring the said Bill because he had formerly been their Speaker and so ought to be tender of their Priviledge and Honour preferred by Mr. Atturney-General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same Certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and forasmuch as it appeared that it was not an authentical Bill testified by the hand of the Clerk of the Star-chamber as it had been meet the Lords thought it not fit though otherwise they were willing to have it read nor agreeable to the proceedings of such a Court that the said Bill or Scroul shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by Mr. Serjeant Yelverton and Dr. Hone who finding the House risen before they came brought the said Bill back again On Friday Decemb. 11. the Bill concerning Gaptains Souldiers and other in the Queens
made amongst the Lords for the Poor and it was this day moved by the Lord Archbishop of Canterbury that the like Collection might be made at this time it was upon this Motion ordered by the House That there should now be such a Collection made and that the Lord Bishop of Chichester the Lord Bishop of Peterborough the Lord Zouche and the Lord Rich should be Collectors of the same after such Rates as have been usually given and bestowed by the Lords for the said charitable purpose as in former Parliaments and they to take order for the distribution of it On Thursday Decemb. 17. the Bill for the relief of the Poor was read secunda vice It was ordered That Edward Thomas of the Middle-Temple should be presently sent for and brought before the Lords in the House for that contrary to the Priviledge of the House he hath caused one Thomas Gerrard Gent. to be arrested And it was likewise ordered That such persons as made the Arrest or did assist in doing the same shall likewise be sent for by the Serjeant at Arms to answer their doings therein The Bill for the necessary relief of Souldiers and Mariners was read secunda vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford was expedited Two other Bills had also each of them one reading of which the second being the Bill for reformation of deceits and frauds in certain Auditors and their Clerks in making deceitful and untrue Particulars was read tertia vice and sent to the House of Commons by Dr. Carewe and Dr. Hone. The Bill was brought back from the House of Commons entituled An An for confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others and expedited The Bill for confirmation of the Subsidy granted by the Clergy was returned from the House of Commons and was expedited The Bill concerning the Assize of Fewel was read tertia vice and expedited Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam secundam post meridiem instantis diei About which hour the Lord Keeper and divers other Lords assembling five Bills had each of them one reading of which the second being the Bill for strengthening of the Grants made for the maintenance and government of the house of the Poor called St. Bartholomew's Hospital of the foundation of King Hen. 8. was read secunda vice The Bill for recovery of many hundred thousand acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington c. was read tertia vice and expedited Upon the third reading of this Bill it was moved that certain Additions might be put in the title of the Bill and Amendments in some points in the body thereof and the Lord Chief Justice and Mr. Atturney-General were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by Mr. Atturney and Dr. Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the title of the Counties of Sussex Essex Kent and the County Palatine of Durham Three other Bills had also each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gent. deceased Executor of the last Will and Testament of John Flowerdew Esq deceased liable c. was read secunda vice Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of deceits and frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward chamber neer the Parliament-presence On Friday Decemb. 18. four Bills had each of them one reading of which the last being the Bill for her Majesties most gracious general and free Pardon was read prima vice and sent to the House of Commons by Mr. Atturney-General and Dr. Stanhopp Memorandum That whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong Order of the House about the dispute between Painters and Plaisterers And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary yet nevertheless the said Lords of the said Upper House have thought it meet and convenient that some course may be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for setting some good agreement and order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without incroaching one upon the other It is therefore ordered by the said Court of the Upper House of Parliament That the said complaint and cause of the said Painters which proceeded not in Parliament shall be referred to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and ordered as in Justice and Equity shall be found meet And that at the time or times of hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy and Mr. Baron Clarke and Mr. Atturney-General or any four three or two of them shall assist and give their help for the making and establishing of some good Order and Agreement between the said two Companies And that the said Parties Complainants and also the Company of Plaisterers shall observe and keep such Order as the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy Mr. Baron Clarke Mr. Atturney General and Mr. Recorder of London or any six five four or three of them whereof the Lord Mayor the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas shall be two shall be set down and prescribed Memorandum That whereas William Crayford of Mongham in the County of Kent Gent. was this day brought before the Lords in the Upper House of Parliament to answer an Information made against him That he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gent. servant to the Earl of Shrewsbury contrary to the Priviledge of the
Fellow could say nothing for himself but only That he knew not Mr. Pemberton to be of the House So the Serjeant was commanded to Remove them both forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with Numbers of Offences of this Nature and only our Impunity is the Cause Mr. Edmond Morgan said Mr. Speaker The Gentleman is a Man of good Sort Desert and Carriage And I think if he had known me to be of the House he would not have served me with a Subpoena Truly he came to my Lodging and acknowledged his great Fault and prayed me to Extenuate it I protest I think he did not know I was of the House And therefore I pray in regard of his Person and good Service done to Her Majesty his Offence may be as freely Remitted by the House as it is by Me And that it would please you All to Refer your Justice to Matters of greater Importance Which was marvellously well liked by the House Mr. Pemberton being asked What he could say whether William Mackerles knew him He answer'd I and that his Man had told him he said That he knew the said William was a very Knave And therefore he would not intreat the Favour of the House but let him have the Justice of the House Which Speech was generally misliked Mr. Fleetwood a Councellor of Grays-Inn shewed unto the House That one Holland a Scrivener by Temple-Bar and his Man had Beaten his Servant and he humbly prayed they might be sent for And the Question grew upon Dispute in the House whether this were Punishable And after upon a Precedent vouched by Mr. Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament c. it was agreed That they should be sent for Mr. Kennel and Mackerles were brought to the Bar And after their Offence laid open by the Speaker he said It pleased the House to have so favourable Consideration of their Offence That they should only have but Three Dayes Imprisonment in the Custody of the Serjeant and pay his Fees Mr. Downold moved the House Mr. Downold moves to have the Queen's Message entered in the Journal First That the Gracious Message sent from Her Majesty might be written in the Books of the Records of this House As well it is worthy to be written in Gold as well as written and fixed in the True Hearts of every good Subject Secondly That the Honourable of this House would move Her Majesty and be an earnest Means of Speed lest that which is now meant indeed should by Protraction of Time be altered or perhaps not so happyly Effected Mr. Secretary Cecil said Secretary Cecil speaks to it I promised to be as Silent as I could Amongst much Speech of the Wise there wants not much Folly much more in Me. I do not Speak because I do dislike the Motion of that Gentleman that last spake but to defend the Diligence and Grace of the Queen It is no matter of Toy for a Prince to Notifie in Publick a Matter of this Weight Though the Idol of a Monopoly be a great Monster yet after Two or Three Dayes I doubt not but you shall see him Dismember'd And I do protest there is not any Soul living deserves Thanks in this Cause but our Sovereign Yesterday the Queen gave Order for the Draught of a Proclamation I had the Minutes thereof even now in my Hands You all know I went even now out of the House then I Read it and sent for him that should Deliver it to Her Hands Now What needs this new Zeal Mr. Davies said Mr. Davies Mr. Speaker I stood up before to Speak It was not much I had to say only this That which was deliver'd unto You from Her Sacred self I think to be Gospel that is Glad Tydings And as the Gospel is Written and Registred so would I have that also For Glad Tydings come to the Hearts of the Subjects This is all Sir George Moore said Sir George Moore This eating and fretting Disease of Monopolies I have ever detested with my Heart and the greater the Grievance is and hath been the more Inestimable is the Grace of Her Majesty in Repealing them And therefore to think we can sufficiently Record the same it were to hold a Candle before the Sun to dim the Light And seeing that She in Her Clemency and Care to Us hath taken the Matter into Her own Hands I wish the Matter may be no more spoken of much less proceeded in Sir Francis Hastings said Sir Francis Hastings It ought to be Written in the Tables of our Hearts Mr. Laurence Hide I think that this Gentleman that set this Motion on Foot spake out of Joy for Her Majesty's Grace and Zeal to have Performance of Her Promise In that he wish'd it might be Recorded in Paper here or in Parchment it is not to be intended but he also meant in our Hearts which remain no longer than we Live but Records remain longer and will give a Lively Remembrance in Ages to come And therefore for that part of his Motion I think it very Good and wish the Clerk may do accordingly Mr. Comptroller said Mr. Comptroller I think that he that moved first this Question exceedingly forgat himself and exceedingly detracted from Her Majesty who I know out of her abundant Grace and Favour to this House hath taken such speedy Course as hath been delivered by my Fellow-Councellour With that Affection She embraceth this House that in more Familiar than Princely sort it hath pleased Her to say Recommend me to the House with Thanks for their Promise and Care for the Common Good Mr. Speaker said Mr. Speaker My Heart is not able to conceive nor my Tongue to utter the Joy I conceive for Her Majesty's Gracious and Especial Care for our Good and Wellfare Wherefore as God said Gloriam meam alteri non dabo so may Her Majesty say in that That She Her self will be the only and speedy Agent for the Performance of our most Humble and Wished Desires Wherefore let us not doubt but as She hath been so She still will be our most Gracious Sovereign and Natural Mother unto Us Whose Dayes the Almighty God prolong to our Comforts And all the House cryed Amen On Saturday Novemb. 28. The Bill Intituled An Act for Explanation of the Statute of 39. Eliz. Cap. 6. touching Charitable Uses was Read the second time to which Mr. Tate spake and said amongst other things that That could be no Law which was contrary to the Great CHARTER of England And this was because it gave Power against the Great CHARTER which giveth Challenges to Jurors which this Law alloweth not Therefore he wished there might be a Commitment to Consider whether it were fit to be continued or repealed And the House would have appointed Monday
goodness towards him He returns his thanks in conceiving him able and worthy for the execution of a Place of that great Charge and Trust and promising his care and readiness with all diligence to undergo the same he did offer up unto her Majestie divers Petitions in the name and on the behalf of the House of Commons First Petitions the Queen in behalf of the Commons That during the continuance of this Sessions themselves and their necessary Attendants and Servants might be freed from all Suits and Arrests Secondly That they might have free access to her Majestie upon all urgent and important occasions Thirdly That they might have free liberty of speech in the said House to debate and dispute of such matters and things as should be there proposed And lastly he petitioned her Majestie on his own behalf that if any thing should be mistaken or unwillingly omitted by himself that she would be graciously pleased to pass by and pardon the same To which Speech the Lord Chancellor The Queen allows of them by commandment from the Queen shortly replied That her Majestie was graciously pleased to grant all his Petitions and that he the said Speaker and the House of Commons should use and enjoy all such Liberties and Priviledges as others in like cases before them had been accustomed to use and enjoy in the times of her Majesties most noble Progenitors withal admonishing them not to extend the said Priviledges unto any irreverent and mis-beseeming Speeches or unnecessary Accesses to her Majestie After which Speeches ended the Lord Chancellor by command from the Queen continuavit praesens Parliamentum usque in diem Sabbati prox hora nona On Saturday Feb. 8. to which the Parliament was continued were present the Archbishop of Canterbury the Lord Chancellor the Lord Treasurer the Marquiss of Winton the Earl of Derby great Steward six Earls twelve Bishops and eighteen Barons more An Act concerning Captains and Souldiers prima vice lect Two Bills read about the Souldiery and Husbandry An Act for maintainance of Husbandry and for increase of Tillage prima vice lect Dominus Cancellarius continuavit praesens Parliamentum usque in diem Lunae prox hora nona February the ninth Sunday On Munday Feb. 10. were four Bills read whereof the last being a Bill concerning Captains and Souldiers secunda vice lect commissa Domino Thesaurario Marchioni Winton six other Earls three Bishops eleven Barons Serjeant Puckering nostro Atturnato Nota That here meer Attendants of the Upper House Observation of the Collector of this Journal and no Members of it are made joynt Committees with the Lords which is very usually done in the Parliaments foregoing in the Reign of this Queen where also the Judges being but meer Assistants of the said House are often nominated Committees also Whereas in the last Parliaments of her Majesties Reign viz. in Anno 39 Anno 43. and in the latter times of King James and our present Soveraign his Son these are seldom or never nominated as Committees but onely as Assistants to the Committees to give their advice if it shall be required and not otherwise And although the Clerk of the Parliament might at some times mistake and erre in setting such down for Committees as were onely commanded to be attendant upon or assistant unto the said Committees yet that he should so often mistake in so many Parliaments and the rather because such Committees are frequently named divers times in sundry of the several Sessions it is most unlikely and improbable Dominus Cancellarius continuavit praesens Parliamentum usque in diem Veneris prox hora nona On Friday Feb. 14. an Act for the more speedy payment of Dismes and Tenths primae vice lect Memorandum The Lords Committees brought in the Bill concerning Captains and Souldiers with Amendments And by reason of divers defects in the same Bill they had framed a new Bill which new Bill by consent of all the Lords was received and prima vice lect An Act touching Constats of original Conveyances made by the Queens Majestie Bill about Original Conveyances Bill about Writs of Errour read and committed secunda vice lect An Act to save discontinuance of Writs of Errour upon Errours in the Courts of Exchequer secunda vice lect commissa Archiepisc Cant. Ebor. Dom. Senescallo three Earls three Bishops six Barons Magistro Rott Servient Shuttleworth nostr Attur Solicitor Nota here also as in the Page before going such as are no Members of the Upper House are made joynt Committees with the Lords Dominus Cobham Dominus Stafford Robis Parliamentaribus induti introdxerunt Dominum Talbott cumque ad locum suum perduxerunt praeeunte Gartira Principale Rege Armorum qui etiam tunica Armorum indutus erat Because the dayly continuing of the Parliament in these words Dominus Cancellarius continuavit praesens Parliamentum c. is but matter of form it is henceforth omitted unless somewhat extraordinary fall out in respect of the person or manner of continuing of it On Saturday Feb. 15. three Bill were read whereof two of them the first being an Act for maintainance of Houses Three Bills read two committed viz. for Tillage and Husbandry and against Horse-stealing for Husbandry and Tillage and the second being an Act against Horse-stealing were secunda vice lect tunc commissa Domino Thesaurario 4 Comitibus 2 Episcop 8 Baronibus Justiciario Gawdy Servienti Puckering Solicitatori Reginae Nota That here also one Assistant of the Upper House and two Attendants upon it are made joynt Committees with the Lords February the 16th Sunday On Munday Feb. 17. four Bills were read whereof the first was an Act for Reformation of Excess in Apparel Bill against Excess in Apparel read committed secunda vice lect commissa Domino Thesaurario 3 Comitibus 2 Episcop 6 Baronibus Servienti Shuttleworth Solicitatori Reginae On Tuesday the 18th of February four Bills were read whereof the first was an Act providing Remedy against discontinuance in Writs of Errour in the Exchequer and Kings-bench tertia vice lect conclus and sent to the House of Commons by Serjeant Shuttleworth and Doctor Awbry and three other Bills Die Jovis xx o Feb. were four Bills read the first a Bill for having Horse Armour and Weapons prima vice lect and three other Bills Die Sabbati xxij o Feb. were three Bills read whereof the last was an Act concerning Captains and Souldiers tertia vice lect conclus and together with the two Bills aforesaid sent to the House of Commons by Serjeant Puckering and Doctor Ford. Three Bills were also sent from the House of Commons viz. an Act concerning Informers and two others of no great moment Feb. 23. Sunday On Munday Feb. 24. four Bills were read whereof one of them being a Bill for Writs upon Proclamation upon Exigents to be currant within the County Palatine
of Durham secunda vice lect commissa Justiciario Gawdy quod nota On Tuesday Feb. 25. two Bills were read whereof the first was an Act concerning Informers prima secunda vice lect conclus Bill about Informers and so expedited An Act for the abridgment of Proclamations upon Fines to be levied at the Common Law secunda vice lect wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and Doctor Clarke to the House of Commons Lords desire a Conference to pray a Conference with some of that House which being granted the Lords for Committees were Lord Treasurer Lord Steward Bishop of Winton the Lord Cobham and the Lord Chief Justice of the Common-Pleas to attend the Lords Nota Observation That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all the former places where the Judges or the Queens learned Counsel are named as Committees it is no errour or mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens learned Counsel being but Attendants of and upon the House were ever nominated or appointed as joynt Committees with the Lords because the very Members of either House onely are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords amongst themselves do appoint a Committee to consider of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it hath been anciently used and may still without any prejudice to the honour of that House be continued that the Kings learned Counsel but especially the Judges may be nominated as Committees alone or as joynt Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee but all matters shall still depend on the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the amendments of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and were sent down to the House of Commons to be amended by them by Doctor Carewe and Master Solicitor It appeareth by the Journal-book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday Feb. 27. were two Bills read whereof the first being an Act for Reformation of Excess of Apparel Two Bills read was secunda vice lect commiss ad unum Comit. 4 Baron On Saturday March 1. March 1. were two Bills read of no great moment This forenoon also the Lords Committees return'd the Bill for the having Horses Two Bills read Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in it The whole House presently proceeded to the Question Whether it should be ingrossed or no Upon which Question the Lords with one consent agreed it should be ingrossed March 2. Sunday On Munday March 3. two Bills were read whereof one of them concerning the sale of Tho. Hanford's Lands towards the payment of his Debts and another of no great moment had been sent up to the Lords this morning from the Commons On Tuesday March 4. two Bills were read whereof the latter was a Bill for Sale of Tho. Hanford's Lands c. secunda vice lect Whereupon the Lords ordered that as well the said Thomas Hanford as those that followed the Bill should be warned to be before them with their learned Counsel at the next sitting of the Court which shall be on Thursday next at nine a clock Two Bills of no great moment were this forenoon also sent up to the Lords House from the House of Commons On Thursday March 6. the Amendments of the Bill for maintainance of Husbandry were prima secunda vice lect commiss ad ingross Three Bills also of no great moment had each of them one reading And one Bill concerning the preservation of Orford-haven was brought up to the Lords from the House of Commons On Saturday March 8. were three Bills each of them once read of no great moment March 9. Sunday On Munday March 10. four Bills whereof the last being a Bill for an Assurance to be made of the Joynture of Anne Bill to assure the Joynture of Anne Nevill Wife of Henry Nevill Esq secunda tertia vice lect communi omnium Procerum assensu conclus Memorandum That before the third reading and the passing of the Act of the Joynture of the Wife of Henry Nevil by which all former Conveyances made by the said Henry Nevil of the Mannors of Waighfield and Wadhurst c. in the County of Sussex were made frustrate and void The Lords ordered That the said former Conveyance should by the Parties to the same be brought into this House and delivered to the Clerk of the Parliament sealed up to the end that if it shall please her Majesty to give her Royal assent unto the said Act that then the said Indentures and Conveyances should be forthwith cancelled But if it shall not please her Majesty to give her Royal assent that then the said Indentures and Conveyances should safely be redelivered to the said Parties unseen of any and uncancelled And to this all the Parties agreed as well before the Lords the Committees as before the whole House Memorandum That according to the said Order the Deeds mentioned therein were cancelled the 12th day of May Anno Regni Reginae Elizabethae tricesimo primo On Tuesday the 11th of March was one Bill read of no great moment Subsidy-Bill brought from the Commons And two Bills were brought up to the Lords from the House of Commons whereof the first was an Act of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty and another of no great moment On Thursday the 13th of March the Amendments of the Bill for having of Horses Arms and Weapons prima secundae vice lect commiss ad ingross The Amendments also and a new Proviso annexed unto the Bill against Informers secunda tertia vice lect communi omnium Procerum assensu conclus and one other Bill of no great moment read prima vice On Friday March 14. the Bill of Subsidie was once read And the Bill for the Provision for Orford-Haven lect est conclus and sent to the House of Commons by Serjeant Shuttleworth and Mr. Powell
Subsidy-Bill read On Saturday March 15. were six Bills read whereof one being an Act against erecting and maintaining of Cottages Bill against Cottages tertia vice lect conclus and sent to the House of Commons by Dr. Clarke Another Bill being an Act for the confirmation of the Subsidies of the Clergie prima secunda vice lect commiss ad ingross Sunday March 16. On Munday the 17th of March were four Bills read whereof the first was the Bill of the Subsidie Subsidy-Bill assented to being tertia vice lect communi omnium Procerum assensu conclus There were also sent up to the Lords this sorenoon six Bills of no great moment On Tuesday March 18. were seven Bills read whereof one being an Act that the Children of Aliens shall pay Strangers Customs tertia vice lect conclus and sent with the former to the House of Commons by Dr. Clarke and Dr. Carewe There were also this morning brought up to the Lords from the House of Commons four Bills which were of so little moment as two of them were not mentioned in the Journal-Book On Wednesday March 19. were three Bills read of no great concernment On Thursday the 20th of March were two Bills read of no great moment And the same forenoon one other Bill of small consequence brought from the Commons On Friday March 21. were four Bills read whereof the first being an Act concerning the Hospital of Lamborn tertia vice lect conclus and sent to the House of Commons by Serj. Puckering and three other Bills of no great moment There were also sent up to the Lords from the House of Commons this forenoon three Bills of no great moment On Saturday March 22. were four Bills of no great concernment brought from the House of Commons Bill for maintainance of the School at Tunbridge And the Lords having this forenoon given three readings to the Bill for the better Assurance of Lands and Tenements for the maintainance of the Free Grammar-School of Tunbridge in the County of Kent did send the said Bill with those new Amendments to be passed also in the House of Commons the Bill it self having before passed that House and had been sent up from them to the Lords on Munday last March 23. Sunday On Munday March 24. three Bills of no great moment and the Amendments of the fourth were read And five Bills of as little consequence were sent up to the Lords from the House of Commons Memorandum quod Christopherus Wray Miles Capital Justiciar de Banco Reg. secum adduxit in Parliamento in Camera Parliamenti intra Dominos Breve de Errore Billam de Regina indorsat ac Rotnl in quibus continebantur placit processis in quibus supponebatur error ibid. reliquit transcript totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento On Tuesday March 25. An. 1589. 25. three Bills were brought up to the Lords from the House of Commons of no great moment and other Bills of as small consequence read in the House whereof one was read twice and the other thrice No mention is made of the continuance or adjournment of the Parliament being omitted by the Clerks negligence On Wednesday March 26. three Bills were read whereof the first being an Act to avoid secret Outlawries of her Majesties Subjects Bill to avid secret Outlawries For relief of Jurors tertia vice lect and sent to the Commons by Dr. Carewe And the last being an Act for the relief of Jurors read secunda tertia vice and rejected An Act also of no great moment was this forenoon sent up to the Lords from the House of Commons On Thursday the 27th of March nothing was done but the Parliament continued to the hour accustomed On Friday March 28. three Bills were sent up to the Lords from the House of Commons whereof the first was an Act for the explanation or declaration of the Statute of 8 Hen. 6. concerning forcible Entries Bill concerning forcible Entries the Indictments thereupon found expedit and two other Bills of no great moment An Act also for naturalizing Joyce the Daughter Ralph Elkin Gent. and Wife of Richard Lambert Merchant Bill for Naturalization born beyond the Seas read thrice expedit Dominus Cancellarius continuavit praesens Parliamentum usque in diem Crastinam dimid horae ante septimam On Saturday March 29. a Bill for continuance of divers Statutes tertia vice lect and sent to the House of Commons by Dr. Stanhopp and Mr. Powell Here by the negligence of the Clerk the Lords Spiritual that were present are omitted but the Lords Temporal that attended the Queen are thus named who was there personally present this day at the dissolving the Parliament Lords Temporal present at the Dissolution of this Parliament Sir Christopher Hatton Miles Dominus Cancellarius Dominus Burleigh Dominus Thesaur Angliae Marchio Winton Comes Darby Magnus Senescallus Comes Northumberland Comes Kane Comes Cumberland Comes Sussex Comes Hundingdon Comes Bathon Comes Pembrooke Comes Hartford Comes Essex Barones Dominus Howard Admirall Dominus Hunsdon Camer Dominus Willoughby Dominus Morley Dominus Cobham Dominus Talbott Dominus Stafford Dominus Grey Dominus Darcy Dominus Sands Dominus Windsor Dominus Wentworth Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Northe Dominus St. John Dominus Buckhurst Dominus De-la-ware Dominus Norris These being thus set and the Commons House with their Speaker and as many as conveniently could being let in the said Speaker Bills presented to the Queen for Royal Assent according to the usual form presenting her Majesty with the Bill of two Subsidies and four Fifteenths granted by the Temporalty desired her Highness graciously to accept thereof as the free Testimony of the faithful and loyal Respect of her Subjects and withal desiring her Majesty to give her gracious consent to such Acts as had been prepared and expedited by the two Houses of Parliament To the Bill of Subsidies the Queen answered Queen passes the Subsidy Le Royne remercee ses loyaule Subjects accept leur benevolence ainsi le veult The Clerk of the Parliament having read this former Answer of the Queens acceptance of the Bill of Subsidie did then read in these French words following the thanks of the Lords and Commons for her Majesties most free and gracious Pardon Les Prelats Seigneurs Communs in ce present Parliament assembles Lords and Commons return thanks in French au nom de touts vos autres Subjects remercient tres-humblement vostre Majestie prient a Dieu que il vous donne en bonne vie longue To every publick Act allowed by the Queen the Clerk of the Parliament read in French these words following La Royne le veult To every private Act that passed Soit fait comme il est desire These two last Answers to the Publick and Private
Acts that pass are to be written by the Clerk of the Parliament at the head of every Act. To such Acts as her Majesty did forbear to allow the Clerk of the Parliament did read in French these words Le Royne se advisera After which ended the Dissolution of the Parliament followed in these words They are dissolved Dominus Cancellarius ex mandato Dominae Reginae tunc praesentis dissolvit praesens Parliamentum A Journal of the House of Commons in the Parliament held at Westminster Anno 31 Reginae Eliz. Annoque Dom. 1588. begun the 4th of February and ended on the 29th of March 1589. ON Tuesday Feb. 4. the Parliament did begin Feb. 4. 1588. and the House of Commons had authority to chuse their Speaker and they chose George Snagg Serjeant at Law House of Com. assembled Serj. Snagg chosen Speaker for their Speaker who having modestly disabled himself was notwithstanding allowed of by the House and thereupon placed by two of the most eminent Personages thereof in the Chair On Wednesday Feb. 5. the House sat not because their Speaker was not yet presented to her Majesty On Thursday Feb. 6. the Knights Citizens and Burgesses of the House of Commons having notice about two of the clock this afternoon that her Majesty with the Lords Spiritual and Temporal were already come into the Upper House expecting their attendance repaired thither with George Snagg Serjeant at Law their Speaker and presented him unto her Majesty Presented to the Queen Disables himself Is allowed to be Speaker by the Queen who notwithstanding his humble disabling and excusing of himself her Majesty did by the mouth of the Lord Chancellor signifie her allowance of him and afterwards also in like manner answered to his Petitions of course made in the name of the House of Commons for freedom of Access liberty of Speech freedom from Arrests and Suits and lastly in his own name for pardon for himself and that the said House of Commons and himself should enjoy and use all such Priviledges and Freedoms as had in the like case been enjoyed by any others in the times of her Majesties most noble Progenitors Whereupon the said Knights Citizens and Burgesses with their Speaker departed to their own House And then was read the Bill for reformation of deceitful Practices used in reversal of Fines at the Common Law Bill against deceitful practices in Law On Friday Feb. 7. the Bill touching Informers and Informations upon penal Statutes was read the first time This day the House was called over House called over and all those that did then sit in the House and were present at the calling of the same did thereupon severally answer to their names and departed out of the House as they were called On Saturday Feb. 8. the Bill to avoid the Abuses grown by Forestalling Bill to avoid Forestalling c. Ingrossing and Regrating was read prima vice Also the Bill touching Informers and Informations upon Penal Statutes was read the second time and committed to all the prime Counsel of this House Mr. Recorder of London Sir William Moore Mr. Grafton and others who were appointed to meet in the Star-chamber at two of the clock in the afternoon February 9. Sunday On Munday Feb. 10. the Bill touching the benefit of Clergie in some cases of Offenders Bill touching benefit of Clergy was upon the second reading committed unto Mr. Cromwel Mr. Secretary Woolley and others who were appointed to meet in the Star-chamber on Wednesday next at two of the clock in the afternoon A Bill was brought in that Lands intailed and Copyhold-lands may be liable to the payment of Debts and read the first time and after sundry Arguments rejected upon the Question On Tuesday Feb. 11. a Bill touching the pursuit of Hue and Cry Bill touching Hue and Cry was read the first time The Committees touching Informers and Informations which should have met this afternoon are deferred until Friday next in the afternoon Mr. Speaker moved the House on the behalf of Mr. Fulke Onslow the Clerk of the same That having of late been long sick and yet somewhat recovered albeit but weak still and sickly and enjoying his Office by Letters-Patents of the grant of her Majesty to exercise the same by himself or his sufficient Deputy or Deputies it might please this House in his absence if it shall happen in regard of his health and necessary ease to withdraw himself from the exercise of his Office in this House in his own person to vouchsafe therein the attendance of his own Clerks or Servants such of them as before their intermedling therein within this House shall first have taken the Oath usually administred unto all the Members of this House And thereupon it was so granted and assented unto by the whole House accordingly On Wednesday Feb. 12. two Bills of no great moment had each of them a reading Bill touching Orford-Haven in Suff. of which the first was a Bill touching Orford-Haven in the County of Suffolk Also two other Bills of no great moment had each of them a reading of which the second being a Bill to avoid the Abuses grown in Forestalling Regrating and Ingrossing was read the second time and after many Arguments had upon the same was committed unto Sir Valentine Dale Master of Requests Mr. Recorder of London Sir Edward Dymmocke and others who were appointed to meet on Munday next in the afternoon at two of the clock in the Star-chamber On Thursday Feb. 13. three Bills had each of them one reading of which the last being the Bill to reform Disorders of common Innes and other Victualling-houses Bill concerning Disorders in Innes c. was read the second time and after many Speeches and Arguments committed unto Sir Valentine Dale Master of Requests Mr. Francis Hastings Mr. Coke and others who were appointed to meet upon Wednesday next at two of the clock in the afternoon in Serjeants-Inne-hall in Chancery-lane The Bill touching Orford-haven was read the second time and after some Speeches committed unto Mr. Arthur Hopton Mr. Anthony Wingfield Mr. Recorder Mr. Grimston Mr. Robinson and others who were appointed to meet upon this day sevennight at two of the clock in the afternoon in the Exchequer-chamber On Friday Feb. 14. four Bills had each of them one reading of which the second being the Bill touching Exactions upon the Subjects of this Realm by the Officers of the Exchequer was read the first time which said Bill was brought into the House by Sir Edward Hobby who alleadged that the said Exaction did nothing tend to any further profit or commodity of her Majesty Two other Bills also had each of them one reading whereof the second being the Bill for abridging of Proclamations upon Fines to be levied was upon the second reading committed unto Mr. Morice Mr. Broughton Sir Henry Knivit and others who were appointed to meet in Serjeants-Inne-hall in Fleet-street
on Tuesday next at two of the clock in the afternoon Also the Bill touching Orford-Haven committed yesterday was this day delivered to Mr. Arthur Hopton one of the Committees On Saturday Feb. 15. a Bill to reform Disorders in Purveyors was read the first time Mr. Treasurer Mr. Cradock Sir William Moore and others did speak unto the Bill and afterwards it was ordered upon the Question That the said Bill should be read again this present day whereupon the said Bill was then presently read again and upon the Question committed unto all the Privy Council being of this House and all those that spake unto the Bill and some others added unto them who were appointed to meet in this House upon Munday next at two of the clock in the afternoon And the same time and place is also appointed for the Committees in the Bill for Informers and Informations Feb. 16. Sunday On Munday Feb. 17. the Bill touching the multiplicity of Suits and the excessive numbers of Atturneys Bill against excessive numbers of Suits and Atturneys was upon the second reading committed unto the Knights for the Counties of Norfolk and Suffolk Mr. Recorder of London Mr. Cromwel and others who were appointed to meet upon Wednesday next at two of the clock in the afternoon at Serjeants-Inne in Chancery-lane Sir Edward Hobby sheweth with his great grief That since the last sitting of this House ãâ¦ã he hath been of some great Personage being no Member of this House very sharply rebuked for some of his Speeches delivered in this House by him on Friday last in the setting forth of the Bill for Reformation of Abuses in some Officers in the Court of Exchequer and that the same his Speeches have been delivered by some unto the said great Personage very untruly as tending to all the Officers of the said Court. And so shewing other the particularities as well of his own said former Speeches as of the said untrue Report and sinister construction of the same somewhat at large doth in the end refer himself therein to the testimony of this whole House and withal praying the good consideration of this House towards him in this his honest and just excuse as in like former cases hath been oft accustomed towards other Members of this House and especially in regard of the maintainance and preservation of the ancient Liberties of the same desired that by some of this House the said great Personage may be satisfied of the truth of the Case And also moved to shew the name of the Reporter of the said untrue Speech and to that end citeth to them two like Presidents of this House one in the time of King Edw. 6. and the other of the Queens Majesty that now is And shewed further That he thinketh his said Speech was discover'd after Mr. Speaker his late Admonition generally given to the whole House against the uttering the Secrets of this House either in Table-talk or Notes in Writing and not before And so concluding giveth all commendation to the said Bill and prayeth another reading of it presently and also all good and speedy course both in the commitment and other passages of the same Sir Henry Knivit entering into some Speech doth testifie his approbation of the said Speech of Sir Edward Hobby and well liking and allowing of due consideration to be had thereof by this House reciteth very briefly the whole substance in effect both of the said first Speech of Sir Edward Hobby and also of his said late motion and giving due commendation of his first Speech and also of his said Protestation of excuse urgeth the present reading and proceeding upon the said Bill with all speed Whereupon after sundry other Speeches tending likewise to the prosecution of the said Bill to commitment upon the Question it was ordered that the same Bill should be presently read which was done accordingly On Tuesday Feb. 18. four Bills had each of them one reading of which the last was for the relief of Thomas Hasilrigg Esq Mr. Serjeant Shuttleworth and Dr. Awbery brought down from the Lords a Bill intituled An Act providing Remedies against discontinuance of Writs of Errours in the Exchequer and Kings-bench On Wednesday Feb. 19. Mr. Serjeant Malmsey one of the Committees in the Bill touching the abridging of Proclamations appointed on Wednesday the 12th of this month upon Fines of the Common Law shewed That they have met and conferred upon the said Bill and having in some parts amended the same offered another Bill containing the same Amendments Mr. Vicechamberlain shewed that he and others the Committees in the Bill concerning Purveyors had met and had conference together with some of her Majesties Officers of the Green-cloath and according to the Commission of this House And further that they have in some parts amended the same Bill and added a Proviso thereto such an one as they think fit both for her Majesties service and also for the better passage of the Bill and relief of the Subjects and prayed the same Amendments and Proviso may be read which said Amendments and Proviso were then read twice Which done there then followed sundry Speeches upon the same Amendments and Proviso and so for that time left it at large without any further course then of question to ingrossing the House being ready to rise The Bill touching Quo titulo ingressus est was delivered to Sir Edward Hobby one of the Committees in the same The Bill concerning common Innes and Victualling-houses was delivered to Mr. Pratt one of the Committees for the same And the Bill touching the multiplicity of Suits and excessive numbers of Atturneys was delivered to Mr. Heydon one of the Committees Thursday Feb. 20. three Bills had each of them one reading of which the last being for the relief of Tho. Hasilrigg Esq was upon the second reading committed unto Sir Richard Knightly Sir Henry Knivit Mr. Recorder of London and others who were appointed to meet on Munday next at two of the clock in the afternoon in the Star-chamber The Committee in the Bill touching Informers and Informations is deferred until Saturday next at two of the clock in the afternoon in the same place of meeting On Friday Feb. 21. the Bill for the true payment of the Debts of Thomas Hanford was upon the second reading committed unto Mr. Controuler Sir Henry Knivit Mr. Alford Mr. Hare Mr. Grafton and Mr. Francis Moore who were appointed to meet to morrow-morning at seven of the Clock in the Committee-chamber of this House and then Mr. Hanford to attend the said Committees And also the Bill passed in the last Parliament from this House to the Lords to be also deliver'd to the said Committees both which Bills were then deliver'd unto Mr. Controuler Four other Bills had each of them one reading of which the the last being a Bill for the repealing of certain Statutes was read the second time and upon the Question committed to Mr. Cromwel Mr. Broughton
brought in by Mr. Coke one of the Committees and the reasons of the said Amendments were shewed by him The Bill concerning the Poor of Hartlepool is deferred to be considered of by the Committees on Munday next in the afternoon and Mr. Vicechamberlain and Sir John Parrot are added to the former Committees 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 March 2. Sunday On Munday March the third upon many Speeches used by Mr. Grafton touching a Report to be made to this House by the Committees touching the Examination of the Returns of one of the Batons of the Port of New Rumney in the County of Kent not yet certified into this House by or from the Clerk of the Crown Mr. Cromwel one of the said Committees sheweth That the said 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 upon the Question That he that was chosen by the said Town should be received into this House as a Member thereof which was done accordingly The Bill for the true payment of the Debts of Thomas Hanford was read the third time and passed upon the Question Which Bill being passed the Bill also for abridgment of Proclamations upon Fines sent down before to this House from the Lords with some Amendments and being amended accordingly were sent to the Lords by Mr. Treasurer and others which Mr. Treasurer moved before he went that the Lords be desired by this House That Mr. Sollicitor being return'd a Member of this House might come 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 Mr. Sollicitor also to that end accordingly Richard Leveson Esq returned into this House one of the Knights for the County of Salop for his occasion of business is licensed to depart On Tuesday March 4. the Amendments of the Bill touching Writs of Covenant c. and a Proviso added thereunto were both twice read and upon the Question ordered to be ingrossed Two Bills did both pass upon the third reading of which Bill against common Informers c. the first was against common Informers and the second against the Denial for the assurance of the Joynture of Anne the Wife of Henry Nevil Esq in which there were these several Amendments incerted viz. in one place this word but put out and this word and put in and in another place this word like put out and this word good put in and after this word effect and no other as if this Act had never been made were clean put out And in another place after this word title this word and is put out and these words claim and demand are put in All which Amendments being thrice read in the end after some Speeches had the Bill was passed upon the Question which said Bill with another were sent up to the Lords by Mr. Vicechamberlain and others On Wednesday March 5. the Bill concerning Richard Southwell was read prima vice Bill about Dover-haven Also the Bill for the maintenance of the Peer of Dover was read the second time and after sundry Speeches committed unto all the Privy Council being of this House Mr. Mills Mr. Alford Sir Edward Hobby and others who were appointed to meet to morrow at two of the clock in the afternoon in the Exchequer-chamber The Bill against Forestallers Regrators and Ingrossers Bill against Forestallers Regrators c. was read the first time and upon further examination read again and upon the division of the House thereupon upon the Question after the same division with the yielding of the negative Voices ordered to be committed unto all the Privy Council being of the House Mr. John Hare Mr. George Moore Sir William Moore Mr. Grimston Mr. Cromwel and others who were appointed to meet on Friday next at two of the clock in the afternoon in the Exchequer-chamber On Thursday March 6. three Bills had each of them one reading of which the second being a Bill touching Cordwayners and the third concerning Curriers they were both committed unto Mr. Alford Sir William Moore Mr. Grafton Mr. Thomas Knivit and others the Bills being then also read the second time who were appointed to meet upon Saturday next in the afternoon at Guild-hall Mr. Doctor Awbury and Dr. Cary do bring word from the Lords That their Lordships desire that the Committee of this House which were with their Lordships the last day may now be sent to their Lordships for that now their Lordships have charge from her Majesty to make their Answer And thereupon the names of the Committees being read they were presently sent unto the Lords And the Bill for the maintenance of the Haven at Orford was then also sent up to their Lordships by Mr. Vicechamberlain and the residue of the said Committees Whereupon Mr. Treasurer then one of the Committees touching gaging of Casks c. having shewed their meeting about the same yesterday moved for another time of conference about the same and that being appointed upon Saturday next at Guild-hall in the afternoon it was ordered That the Brewers and such others as shall think good may then and there be heard before the Committees what they can say On Friday March 7. four Bills had each of them a reading whereof the third being a Bill for the relief of Thomas Hasilrigg was read the first time and thereupon it was ordered upon a motion That Mr. Thomas Drury should come into the House and be heard who was brought in and heard The Amendments in the Bill touching the Free Grammar-School in Tunbridge in the County of Kent was twice read and Andrew Fisher Gent. after the reading of the same being brought into the House did presently give his assent unto the said Bill and then the Bill upon the Question was ordered to be ingrossed The Bill against Forestalling ingrossing and regrating committed the fifth of March instant was this day delivered unto Sir George Barney one of the Committees in the same Bill On Saturday March 8. Mr. Speaker shewed unto the House her Majesties great and inestimable care towards her loving Subjects Speaker acquaints the House of the Queen's care about the abuses of the Purveyors c. yea more than of her own self or than any of them have of themselves And as to the parts of the present humble Petition of this House unto her Highness in the grievance by the Purveyors and in the Court of Exchequer it pleased her Majesty to tell them That for the one to wit the Abuses of Purveyors her Highness of her own Princely care towards her Subjects had given order unto the late Lord Steward deceased to address her Letters-Patents to all the Shires
each of them one Reading of which the third being a Bill for repeal of certain Statutes Bill for repeal of certain Statutes past was read the third time and passed upon the Question The Amendments made by the Lords in the Bill for the relief of Thomas Haeselrigg Esquire and in the Bill for the better recovery of Costs and Damages against common Informers before passed in this House and sent up to their Lordships and the Proviso added by the Lords to the said last-recited Bill were three times read and the same Proviso and Amendments were then passed upon the Question accordingly On Saturday March 22. Mr. Palmer one of the Committees in the Bill touching Gaging of Casks and of other Forreign Vessels bringeth in the Bill with some Amendments and Provisoes being twice read the Bill was upon the question Ordered to be ingrossed Four Bills were sent up to the Lords by Mr. Treasurer and others of which the two first were one for the Relief of the City of Lincoln and the other against the abuse in Elections of Scholars and Presentations to Benefices with the Amendments and a Proviso March 23. Sunday On Munday March 24. Mr. Anderson being licensed to depart about her Majesties service two Bills had each of them one reading whereof the first being the Bill concerning Glass-houses was brought in by Mr. De la bar one of the Committees in such sort as it was delivered unto them and thereupon being twice read was after sundry Speeches and division of the House ordered to be ingrossed viz. with the Yeas forty three and with the Noes thirty five On Tuesday An 1589. March 25. it was ordered upon the Question That both the learned Counsel of the Earl of Warwick and also the learned Counsel of George Ognell do attend this House to morrow-morning The Bill for maintenance of houses of Husbandry and Tillage was upon the second reading committed unto the Privy Counsellors of this House Mr. Wroth Mr. Cromwel and others who were appointed to meet this afternoon at two of the clock in the Exchequer-chamber On Wednesday March 26. the Bill concerning Aliens Children was read the second time The Bill also for Strangers retailing of forraign Wares was amended by the Committee which 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 The House was this day called over The House called over and the Defaulters noted and the Defaulters noted upon a 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 least being supposed to be absent On Thursday March 27. the Bill against secret Outlawries had its second and third reading and passed upon the Question Dr. Cary and Dr. Stanhopp brought 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 their Lordships that their Lordships do suspend their proceeding on the Bill for continuance and perfecting of certain Statutes sent from the House of Commons to their Lordships until their Lordships do hear from this House of the proceedings of this House in the Bill for the maintenance of Houses of Husbandry and Tillage On Friday March 28. the Amendments of the Lords in the Bill touching forcible Entries and also the Amendments of this House being all thrice read are agreed upon the Question in this House to be passed accordingly The Bill against such as steal or imbezzle the Goods Chattels or Treasure of her Majesty being put in trust with the same was read the first time Also the Bill that Aliens Children shall pay Strangers Customes was read the third time and a Proviso added unto it thrice read the Bill and Proviso upon the Question and Division of the House dashed with the Yeas sixty four and the Noes seventy four On Saturday March 29. Dr. Stanhopp and Mr. Powle do bring from the Lords the Bill lately passed this House for the continuation and perfecting of certain Statutes with a Schedule unto the same added and annexed by their Lordships and the same Schedule being thrice read passed upon the Question The Bill for the relief of the City of Lincoln being perfected according to the Amendments of the Lords and the Bill also for continuance of Statutes with the Schedule to the same were sent up to the Lords by the Master of the Wardrope and others Dr. Cary and Dr. Stanhopp brought from the Lords two Bills viz. the Act of her Majesties gracious and free Pardon and the Act of the four Fifteenths and Tenths and two intire Subsidies which had before passed this House The Bill of the Queens Majesties most gracious and free Pardon being once read passed thereupon which Bill so passed was presently sent up unto the Lords by Mr. Fortescue and others After which Acts passed her Majesty having given her assent unto the passing of sixteen publick Acts and eight private Acts being all the Acts that passed this present Parliament Parl. dissolved Sir Christopher Hatton Kt. Lord Chancellor by her Majesties Commandment dissolved this Parliament An exact and perfect Journal of the Passages of the Vpper House of Parliament 35 Eliz. holden at Westminster Anno xxxv o Reginae Eliz. Anno Dom. 1592. which begun there on Munday the 19th of February and then and there continued until the Dissolution thereof on Tuesday the 9th of April Anno Dom. 1593. THE Summons for this Parliament being returnable upon this Munday February 19 it held accordingly Feb. 19. 1592. The Queen goes to the House of Lords 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 The Names of the Peers there sitting Archiepisc Cant. Johannes Puckering Miles Dom. Custos mag Sigill Dom. Burleigh Dom. Thesaurar Angliae Marchio Wintoniae COMITES Comes Oxon. Magnus Camerarius Angliae Comes Derby Magnus Seneschallus Comes Northumbriae Comes Salopiae Comes Kanciae Comes Wignor Comes Cumberland Comes Sussex Comes Huntingdon Comes Bathon Comes Pembrooke Comes Hartford Comes Essex Comes Lincoln Vicecomes Bindon EPISCOPI Episc London Episc Dunelmen Episc Asaphen Episc Cestren Episc Covent Litch Episc Lincoln Episc Peterburgh Episc Heref. Episc Cicestrens Episc Bangor Episc Wignor Episc Landaven Episc Salopiae Episc Bathon Wells BARONES Dom. Howard Mag. Maresch Admir Dom. Hunsdon Camerarius Reginae Dom. Strange Dom. Morley Dom. Stafford Dom. Grey Dom. Scroope Dom. Montjoy Dom. Sands Dom. Windsor Dom. Cromwel Dom. Wharton Dom. Rich. Dom. Willoughby Dom. Sheffield Dom. North. Dom. Shandois Dom. St. John Dom. Buckhurst Dom. De-la-ware Dom. Compton Dom. Norris The Queen and
the Lords being thus sate An. 1592. and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could be let in about two of the clock in the afternoon Sir John Puckering Lord Keeper of the Great Seal by command from the Queen spake to this effect The Lord Keeper's Speech THat though the assembling of Parliaments hath antiently been and still were for the Enacting of Laws and Reforming of Abuses and Grievances of the Subjects within the Realm The Lord Keepers Speech ãâã to direct the ââsââââs in this Session yet at this time the Queens Majesty was desirous to have the Advice of all her loving people concerning the Defence and Preservation of her Self her Realms and Subjects from the Power and Oppression of a forreign Enemy Then he declared that this Enemy was the King of Spain and that his malice was increased by his loss and shame received in 88. That his resolution still was to invade this Kingdome The Spaniards Design of Reveenge discovered did plainly appear by his building and getting together many Ships of less bulk which would be fitter for service in our Seas than those greater Galliasses and Gallions had been in 88. That he desired some nearer place from whence to invade England and therefore at this time was labouring to plant himself in Britain a part of France And his Designes laid open That he had raised Factions in Scotland and Conspiracies against the King there finding him an enemy to his ambitious desires And therefore we her Majesties Subjects said he must with all dutiful consideration think what is fit for us to do Exâ⦠them to raise Moneys and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an unsupportable charge Were the cause between Friend and Friend how much would we do for the relief of one 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 formerly granted to her Majesty in these like cases is so ill answer'd ãâ¦ã Supplies paied and with such slackness performed as that the third of that which was granted cometh not to her Majesty A great shew a rich grant and a long sum seems to be made but little it is hard to be gotten and the sum not great which is paid and ãâ¦ã Her Majesty thinks this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability so that one dischargeth himself and th' other is not able to satisfie that he is charged withal these things should be reformed by such as are Commissioners in this service Wherefore it is her Majesties pleasure ãâ¦ã the time be not spent in devising and enacting new Laws the number of which are so great already as it rather burtheneth than easeth the Subject but the principal cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding those intended Invasions which are now greater than ever before were heard of And where heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and vain ostentations more than in speaking things of substance the time that is precious would not be thus spent This Session cannot be long the Spring-time is fit that Gentlemen should repair to their Countreys the Justices of Assize also to go their Circuits so the good hours would not be lost in idle Speeches but the little time we have should be bestowed wholly on such business as is needful to be considered of and Thursday next is appointed the day to present the Speaker Assoon as the Lord Keeper's Speech was ended Receivers of Petitions named the Clerk of the Parliament read the names of the Receivers of Petitions for England Ireland and Wales and Scotland Sir Francis Popham Lord Chief-Justice of the Kings-Bench John Clinch one of the Justices of the said Bench Dr. Awbery Dr. Ford and they which will deliver Petitions are to deliver the same within six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief-Justice of the Common-Pleas Sir William Peryam Lord Chief-Baron Tho. Walmesley one of the Justices of the Common-Pleas Doctor Cary Doctor Stanhop and they which will deliver Petitions are to deliver them within six days next ensuing Triers of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquiss of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton all these or four of them calling to them the Lord Keeper of the Great Seal of England and the Lord Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triers of Petitions for Gascoigne and other parts beyond the Seas and the Isles the Earl of Oxford great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincolne the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley the Lord Buckhurst all these or any four of them Although the usual Custome in the Original Journal-books is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it more methodical to place all such Returns in those days upon which they were delivered to the Clerk of the Parliament and always upon the day on which the first Return was to make some short Observations of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Monday therefore being the Nineteenth day of February and the first day of the Parliament was returned only this one usual Proxie Decimonono die Februarii introductae sunt Litterae Procuratoriae Edwardi Episcopi Norwicensis in quibus Procuratores suos constituit Johannem Episcopum Lond. Richardum Episcopum Peterburgen Nota This is one of those Proxies I call an usual or ordinary Proxie when a Spiritual Lord maketh but two Proctors and a Temporal Lord but one and those of their own Order but when a Temporal Lord nominateth a Spiritual Lord for his Proctor or nominateth more than one Proctor and when a Spiritual Lord nominateth a Temporal Lord for his Proctor or but one Proctor or more than two these I call unusual and extraordinay Proxies And therefore at this very time of nine Temporal Lords that sent their Proxies but one named two Lords of which see afterwards on Munday March 5. all the rest naming but one Indeed of six Spiritual Lords which sent their
Proxies there was but that one set down in the Page before-going which made two Proctors all the rest naming three or but one all which see afterwards on the 22.24.27 days of February and on the 7. and 28. days of March Where also it may be noted That John Archbishop of Canterbury had this Parliament five Proxies Now follows next in order to be set down the continuing of this Parliament which in the original Journal-book it self followed immediately upon the names of the Lords foregoing being present this afternoon So that the substance of the Lord Keeper's Speech foregoing and this also that follows at the presentment of the Speaker was supplied by my self out of a very exact Journal which I had of the Passages of the Lower House this present Parliament conceiving those Speeches in all my Journals ought more fitly to be referred to the Passages of the Upper House than of the House of Commons Dominus Custos Magni Sigill ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur On Thursday Feb. 22. the Queens Majesty her self came about three of the clock in the afternoon accompanied with divers of the Lords Spiritual and Temporal there being present this day the Archbishop of Canterbury Sir John Puckering Kt. Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquiss of Winchester twelve Earls two Viscounts fifteen Bishops and twenty three Barons being for the most part the very same that are by name set down to have been present on Munday last The Queen and the Lords being thus sat the House of Commons having notice thereof Edw. Cooke the Queens Sollicitor chosen and presented immediately came up with Edward Coke Esq the Queens Sollicitor into the Upper House whom they had chosen for their Speaker who being led up to the Bar at the nether end of the said House between two of the most eminent Personages of the Lower House as soon as silence was made and the rest of the House of Commons had placed themselves below the Bar he spake as followeth The Speaker's Speech YOur Majesties most loving Subjects the Knights and Burgesses of the Lower House have nominated me your Graces poor Servant and Subject to be their Speaker This their Nomination hath hitherto proceeded that they present me to speak before your Majesty yet this their Nomination is onely a Nomination yet and no Election until your Majestie giveth allowance and approbation For as in the Heavens a Star is but opacum corpus until it hath received light from the Sun so stand I corpus opacum a mute body until your high bright shining wisdom hath looked upon me and allowed me How great a Charge this is The Speaker disables himself to be the Mouth of such a Body as your House of Commons represent to utter that is spoken Grandia Regni my small experience being a poor professor of the Law can tell but how unable I am to undergo this Office my present Speech doth tell that of a number of this House I am most unfit for amongst them are many grave many learned many deep wise men and those of ripe Judgments but I an untimely Fruit not ripe nay bud a but not scarce fully blossomed so as I fear your Majesty will say Neglecta fruge liguntur folia amongst so many fair fruits you have plucked a shaking leaf If I may be so bold to remember a Speech used the last Parliament in your Majesties own mouth Many come hither ad consulendum qui neseiunt quid sit consulendum a just reprehension to many as to my self also an untimely fruit my years and judgment ill befitting the gravity of this place But howsoever I know my self the meanest and inferiour unto all that ever were before me in this place yet in faithfulness of service and dutifulness of love I think not my self inferiour to any that ever were before me And amidst my many imperfections yet this is my comfort I never knew any in this place but if your Majesty gave him favour God who also called them to this place gave them also the blessing to discharge it The Lord Keeper having received Instructions from the Queen answered him Mr. Sollicitor HER Graces most Excellent Majesty hath willed me to signifie unto you that she hath ever well conceived of you since she first heard of you which will appear when her Highness selected you from others to serve her self but by this your modest wise and well-composed Speech you give her Majesty further occasion to conceive of you above that she ever thought was in you by endeavouring to deject and abase your self and your desert you have made known and discovered your worthiness and sufficiency to discharge the place you are called to And whereas you account your self corpus opacum her Majesty by the influence of her Vertue and Wisdom ãâã is commanded and aâââââed by the Qs. order doth enlighten you and not onely alloweth and approveth you but much than keth the Lower House and commendeth their discretions in making such a Choise and electing so fit a man Wherefore Mr. Speaker proceed in your Office and go forward to your Commendation as you have begun The Lord Keepers Speech being ended the Speaker began a new Speech COnsidering the great and wonderful Blessings The second Speech of the Speaker besides the long Peaece we have enjoyed under your Graces most happy and victorious Reign and remembring withal the Wisdom and Justice your Grace hath reigned over us with we have cause to praise God that ever you were given us and the hazard that your Majesty hath adventured and the charge that you have born for us and our safety ought to make us ready to lay down our Lives and all our Living to do you service After this he related the great Attempts of her Majesties Enemies against us especially the Pope and the King of Spain adhering unto him how wonderfully were we delivered in 88 and what a favour therein God manifested unto her Majesty His Speech ãâ¦ã after this tended wholly to shew out of the Histories of England and the old State how the Kings of England ever since Henry the third's time have maintained themselves to be Supream Head over all Causes in their own Dominions and recited the Laws that were made in his and other Kings times for maintaining their own Supremacy and excluding the Pope He drew down his Proofs by Statute in every Kings time since Hen. 3. ãâ¦ã unto Edw. 6. This ended he came to speak of the Laws that were so great and so many already that they were fitly to be termed Elephaentinae Leges Wherefore to make more Laws it might seem superfluous Too great a multiplicity of our Laws and to him that might ask Quid Causa ut Crescunt tot magna volumina Legis it may be answered In promptu Causa est Crescit in orbe
malum The malice of our Arch-enemy the Devil though it was always great yet never greater than now and that Dolus and Malum being crept in so far amongst men it was necessary that sharp Ordinances should be provided to prevent them and all care to be used for her Majesties preservation Now am I to make unto your Majesty three Petitions in the names of your Commons First That liberty of Speech and freedom from Arrests according to the ancient custom of Parliament be granted to your Subjects That we may have access to your Royal Person to present those things which shall be considered of amongst us And lastly That your Majesty will give us your Royal Assent to the things that are agreed upon And for my self I humbly beseech your Majesty if any speech shall fall from me or Behaviour found in me not decent and unsit That it may not be imputed blame upon the House but laid upon me and pardoned in me To this Speech the Lord Keeper having received new Instructions from the Queen he replied HE commended the Speaker greatly for his Speech Lord Keeper's Reply and he added some Examples for the Kings Supremacy in Henry the second 's time and Kings before the Conquest As for the Deliverance we received from our Enemies and the Peace we enjoyed he said the Queen would have the praise of all those to be attributed to God onely To the Commendations given to her self she said Well might we have a wiser Prince but never should they have one that more regarded them and in Justice would carry an evener stroke without acceptation of Persons and such a Princess she wished they might always have Yo your three Demands the Queen answereth Liberty of Speech is granted you but how far this is to be thought on there be two things of most necessity and those two do most harm which are Wit and Speech the one exercised in Invention the other is uttering things invented Priviledge of Speech is granted A good caution about liberty of speaking in the House but you must know what Priviledge you have not to speak every one what he listeth or what cometh in his brain to utter but your Priviledge is to say Yea or No. Wherefore Mr. Speaker her Majesties pleasure is That if you perceive any idle heads which will not stick to hazard their own Estates which will meddle with reforming of the Church and transforming of the Common-wealth and do exhibit any Bills to such purpose That you receive them not until they be viewed and considered of by those whom it is fitter should consider of such things and can better judge of them To your Persons all Priviledge is granted As also about priviledge of their persons with this Caveat That under colour of this Priviledge no mans ill doings or not performing of duties be cover'd and protected The last free Access is also granted to her Majesties Person so that it be upon urgent and weighty Causes and at times convenient and when her Majesty may be at leisure from other important Causes of the Realm After this Speech was ended the Lord Keeper continued the Parliament in manner and form following Dominus Custos Magni Sigill ex mandat Dominae Reginae continuavit praesens Parliamentum usque in diem Sabbati prox futur This day was returned the Proxie of John Bishop of Carlisle by which he constituted John Archbishop of Canterbury John Bishop of London and Matthew Bishop of Durham his Proctors quod nota On Saturday Feb. 24. a Bill for restraining and punishing vagrant and seditious persons who under fained pretence of Conscience and Religion corrupt and seduce the Queens Subjects prima vice lect Eodem die Returnat est Breve quod Richardus Wigorn. Episcopus praesenti Parliamento interesse summonebatur idem Episcopus ad suum praeheminenciae sedendi in Parliamento locum admissus est salvo cuiquam jure suo Dominus Custos magni Sigill continuavit praesens Parliamentum usque in diem Lunae hora nona This day was returned the Proxie of John Archbishop of York by which he constituted onely one Proctor viz. John Archbishop of Canterbury quod nota Feb. 25. Sunday On Munday Feb. 26. Returnatum est Breve quo Edwardum Dom. Cromwel praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliamento locum salvo jure alienae The Writ returned whereby Gilbert Earl of Shrewsbury was summoned The several Writs returned whereby George Bishop of Landaff William Lord Compton and Edward Earl of Worcester were summoned It seemeth by the Journal-book that nothing else was done this day but the Parliament continued in usual form As on Thursday the 22th of February and on Saturday the 24th day of the same month two extraordinary Proxies were returned from two Spiritual Lords the first constituting three Proctors and the other but one for the most ordinary use of the Bishops is to constitute two Proctors So also on the 27th of February being Tuesday though the Lords did not sit yet was one unusual Proxie returned from another Spiritual Lord who constituted but one Proctor to give his voice in Parliament in his absence whereas it is before often observed no Temporal Lord nominateth usually above one Proctor and no Spiritual Lord fewer than two This said Proxie is thus entered in the Journal-book of the 35 year of the Queen at the beginning of it 27º Februarii introductae sunt Littera Procuratoriae Thomae Wintoniensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepiscopum Cantuariensem On Wednesday Feb. 28. two several Writs were returned whereby John Bishop of Bath and Wells and Matthew Bishop of Durham were summoned to come to this Parliament who accordingly took their places Also this morning two Bills had each of them one reading Nota That because the dayly continuing of the Parliament in these words Dominus Custos Magni Sigilli continuavit praesens Parliamentum c. being but matter of course is omitted in all the Journal afterwards unless something extraordinary and unusual doth happen in respect of the Person time or manner On Thursday March 1. March 1. two Bills were each of them once read On Saturday March 3. to which day the Parliament had on Thursday been continued four Bills had each of them one reading March 4. Sunday On Munday March 5. three Bills were read and the second upon the second reading was committed to be ingrossed Nota This day also was returned a Proxie for a Temporal Lord by which he constituted two Proctors which because it is extraordinary and unusual I desired to have it inserted and the rather because of eight other Temporal Lords none of them constituted above one Proctor according to the ordinary practice both in these times and since The said Proxie before mentioned is thus entered in the beginning of the original Journal-book of this Upper House of Parliament Quint. Marcii
help of a number of Souldiers that are seen in the time of this Parliament maimed and so hurt in the Wars of France the Low Countries and on the Seas for the service of the Queens Majesty and of the Realm and for that purpose have allowed that every Archbishop Marquiss Earl and Viscount should pay towards the Contribution the sum of 40 s. every Bishop 30 s. and every Baron 20 s. For collection whereof there hath been appointed the Queens Majesties Almoner the Bishop of Worcester to collect the same of Bishops the Lord Norris to collect the sums payable by the Lords Temporal which hath been diligently done and received by them for all the Lords Spiritual and Temporal that have been present and that have attended to their great charge on the service of the Realm in this Parliament And considering the number of the Souldiers be very many to be relieved therewith notwithstanding the Knights and Burgesses of the Commons House have yielded very good and large Contributions according to their degrees for the better relief of the said maimed Souldiers It is by the said Lords Spiritual and Temporal that have given their chargeable attendance here and have charitably and honourably yielded to this Contribution thought meet and so it is ordered and decreed by them with common and free consent That all the Lords of Parliament that have been altogether absent in this Sessions The absent Peers to pay a double proportion for the relief of the indigent and maimed Souldiers by Order of the House and that shall not have contributed to this charitable Relief before the end of this Sessions shall be required by Letters to be sent to them by the Lords that had their Procurations for their absence or by Letters from the Lord Keeper of the great Seal required and charged to make payment to be made according to their degrees and vocation double the sums of money paid by the Lords that have been here present and continued their attendance that is to say every Earl that hath been absent 4 l. the Archbishop of York to pay as much and every Bishop also to pay 3 l. and every Baron 40 s. And for such as have been here present sometimes and yet very seldom but have been absent most part it is thought meet That every such Lord Spiritual and Temporal shall according to their degrees pay a third part more than the Lords that have been present All which sums of money they shall cause to be delivered to the hands of the Lord Keeper of the great Seal to be afterwards by such Spiritual Lords of Parliament as are chosen for that purpose distributed to the maimed Souldiers as shall be found to have most need thereof The Commons having taken the same method The like whereof the Commons assembled in this Parliament have ordered for all the Members of that House that are absent and have not paid to contribute in double manner which Order is thought very just considering the Lords and others that have been absent and have been at no charge to come up and give their attendance may very reasonably and with a great saving to their charges contribute to this Order And if any Lord Spiritual or Temporal shall refuse or shall forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday April 6. Four Bills were each of them once read Eight Bills were this Morning sent up to the Lords from the House of Commons whereof the last was an Act to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday April 7. two Bills only were each of them once read April 8. Sunday On Munday April 9. were Three Bills each of them read secunda tertia vice and so expedited Also eight Bills this Morning were sent up to the Lords from the House of Commons whereof one was read prima secunda vice and another read prima vice This Morning finally whereas a Bill entituled an Act touching Power and Repeal of certain uses of a Deed Tripartite therein mentioned of and in certain Mannors Lands and Tenements of Anthony Coke of Rumford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful estates or titles there was a Saving drawn for her Majesty and all others which was offer'd to this House And some question and ambiguity did grow whether the Saving should be now added to the Bill and in the end it was Resolv'd the same should be added to the Bill for that it is usual and requisite to have such Savings in every Bill and for that there was nothing in the Saving contrary to any matter in the Bill and that her Majesties Right and all others be saved thereby And nevertheless upon weighty Considerations the Lords have ordered that this shall not hereafter be drawn to make any president Then the Lord Keeper continued the Parliament till the Morrow following on which it ended which said Continuance is entred in the Original Journal-book in Manner and Form following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque in diem Martis hora octava On Tuesday April 10. In the Morning were two Bills read whereof the first was an Act for Naturalizing of certain Englishmens Children born beyond the Seas tertia vice lect expedit And the second was an Act for the Queens most gracious and free Pardon which was read only once and then passed the House Nota That the Bill or Act for the Queens general Pardon passeth each House upon the first reading whereas other Bills cannot be expedited without being thrice read both by the Lords and Commons The Queens Majesty came not till the Afternoon and therefore in this place through the negligence of the Clerk the continuing of the Parliament until some hour in the Afternoon is omitted which should have been inserted Between 5 and 6 a Clock in the Afternoon this present Tuesday being the 10 of April the Queens Majesty The Queen comes to Dissolve the Parliament accompanied with her Officers and dayly Attendance came to the Upper-House and assoon as her Majesty with her Lords Spiritual and Temporal and the rest that have place there were set the Knights Citizens and Burgesses of the House of Commons having notice thereof came up with their Speaker bringing with them the Bill of the Subsidy The Speaker being placed at the Bar of the upper-Upper-house and as many of the Commons as could conveniently be let in after humble Reverence to her Majesty spake as followeth The Speakers Speech to the Queen THe High Court of Parliament most High and Mighty Prince is the greatest and most antient Court within this Your Realm for before the Conquest
in the high places of the West-Saxons we read of a Parliament holden and since the Conquest they have been holden by all your Royal Predecessors Kings of England and Queens of England In the times of the West-Saxons a Parliament was held by the Noble Queen Ina by these words I Ina Queen of the West-Saxons The Antiquity of Parliaments in this Island have caused all my Fatherhood Aldermen and wise Commons with the Godly-men of my Kingdome to consult of weighty matters c. Which words do plainly shew the parts of this Court still observed to this day For in Queen Ina is Your Majesties most Royal Person represented The Fatherhood in antient time were those whom we call Bishops and still we call them Reverend Fathers an antient and free part of our State By Aldermen was meant your Noblemen for so honourable was the word Alderman in antient time that the Nobility only were called Aldermen By wisest Commons is signified your Knights and Burgesses and so is your Majesties Writ De discretioribus magis sufficientibus By Godliest men is meant your Convocation-house it consisteth of such as are devoted to Religion and as godliest men do consult of weightiest matters so is your Highness Writ at this day Pro quibusdam arduis urgentissimis negotiis nos statum defensionem Regni nostri Ecclesiae tangentibus Your Highness Wisdome and exceeding Judgment with all careful Providence needed not our Councels yet so urgent Causes there were of this Parliament so importunate Considerations as that we may say for we cannot judge if ever Parliament was so Needful as now or ever so Honourable as this If I may be bold to say it I must presume to say that which hath been often said but what is well said cannot be too often spoken This sweet Council of ours I would compare to that sweet Commonwealth of the little Bees Sic enim parvis componere magna solebam The little Bees have but one Governour whom they all serve he is their King Quia latrea habet latiora he is placed in the midst of their habitations ut in tutissima turri they forage abroad sucking honey from every flower to bring to their King Ignavum Fucos pecus à Principibus arcent the Drones they drive out of their Hives non habentes aculeos and whoso assails their King in him immittunt aculeos tamen Rex ipse est sine aculeo Your Majesty is that Princely Governour and Noble Queen whom we all serve being protected under the shadow of your wings we live and wish you may ever sit upon your Throne over us and whosoever shall not say Amen for them we pray ut convertantur nè pereant ut confundantur nè noceant Vnder your happy Government we live upon Honey we suck upon every sweet Flower but where the Bee sucketh Honey there also the Spider draweth Poyson some such there be but such Drones and Dore-Bees we will expel the Hive and serve your Majesty and withstand any Enemy that shall assault You our Lands or Goods Our lives are prostrate at your feet to be commanded yea and thanked be God and honour be to your Majesty for it such is the power and force of your Subjects that of their own strengths they are able to encounter your greatest Enemies and though we be such yet have we a Prince that is Sine aculeo so full of that Clemency is your Majesty I come now to your Laws The Laws we have conferred upon this Session of so honourable a Parliament are of two natures the one such as have life but are ready to die except your Majesty breathe life into them again the other are Laws that never had life but being void of life do come to your Majesty to seek life The first sort are those Laws that had continuance until this Parliament and are now to receive new life or are to die for ever The other that I term capable of life are those which are newly made but have no essence until your Majesty giveth them life Two Laws there are but I must give the honour where it is due for they come from the noble wise Lords of the Vpper House the most honourable and beneficial Laws that could be desired the one a Confirmation of all Letters-Patents from your Majesties most noble Father of all Ecclesiastical Livings which that King of most renowned Memory took from those superstitious Monasteries and Priories and translated them to the erecting of many foundations of Cathedral Churches and Colledges thereby greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinant Recusate and the dangerous Sectary both very pernicious to your Royal Government Lastly your most loving and obedient Subjects the Commons of the Lower House most humbly and with dutiful thanks stand bound unto your gracious goodness for your general and large Pardon granted unto them wherein many great Offences are pardoned but it extendeth onely to Offences done before the Parliament I have many ways since the beginning of this Parliament by ignorance and insufficiency to perform that which I should have done offended your Majesty I most humbly crave to be partaker of your most gracious Pardon The Lord Keeper then received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speaker's Oration very excellently and exactly done and those things which followed were to this or the like purpose The Lord Keeper HE said The Lord Keeper replies That her Majesty most graciously did accept of the Service and Devotions of this Parliament commending them that they had employed their time so well and spent it on necessary Affairs save onely that in some things they had spent more time than needed but she perceived some men did it more for their satisfaction than the necessity of the thing deserved She misliked also that such irreverence was shewed towards Privy-Counsellors who were not to be accounted as common Knights and Burgesses of the House Gently rebukes them for some Miscarriages that are Counsellors but during the Parliament whereas the other are standing Counsellors and for their wisdom and great service are called to the Council of State Then he said That the Queens Majesty had heard that some men in the case of great necessity and grant of Aid had seemed to regard their Country and made their necessity more than it was forgetting the urgent necessity of the time and dangers that were now eminent That her Majesty would not have the People feared with Reports of great dangers Gives them Cautions but rather to be encouraged with boldness against the Enemies of the State And therefore that she straightly charged and commanded that the mustred Companies in every County should be supplied if they were decayed and that their Provisions of Armour and Ammunition should be better than heretofore it hath been used
That for this offer of three Subsidies her Majesty most graciously in all kindness thanketh her Subjects but except it were freely and willingly given she did not accept of it for her Majesty never accepteth any thing that is not freely given That if the Coffers of her Majesties Treasure were not empty or if the Revenues of the Crown and other Princely Ornaments could suffice to supply her Wants and the Charges of the Realm in the word of a Prince she doth pronounce it she would not now have charged her Subjects nor accepted of this they gave her The Lord Keeper's Speech being ended after some time of intermission the Queen being sat in her Chair of State used a Princely Speech unto the Houses of which the greatest part was to the effect and purpose following THis Kingdom hath had many wise The Qu. speaks her self noble and victorious Princes I will not compare with any of them in Wisdom Fortitude or any other Vertues but saving the duty of a Childe that is not to compare with his Father in Love Care Sincerity and Justice I will compare with any Prince that ever you had or shall have It may be thought simplicity in me that all this time of my Reign I have not sought to advance my Territories and enlarge my Dominions for opportunity hath served me to do it I acknowledge my womanhood and weakness in that respect but though it hath been not hard to obtain yet I doubted how to keep the things so obtained that hath onely held me from such attempts And I must say my minde was never to invade my Neighbours or to usurp over any I am contented to reign over mine own and to rule as a just Prince Yet the King of Spain doth challenge me to be the Quarreller and the beginner of all these Wars in which he doth me the greatest wrong that can be for my Conscience doth not accuse my thoughts wherein I have done him the least injury but I am perswaded in my Conscience if he knew what I know he himself would be sorry for the wrong that he hath done me I fear not all his Threatnings his great Preparations and mighty Forces do not stir me for though he come against me with a greater power than ever was his Invincible Navy I doubt not God assisting me upon whom I always trust but that I shall be able to defeat and overthrow him I have great advantage against him for my Cause is just I heard say when he attempted his last Invasion some upon the Sea-coast forsook their Towns and flew up higher into the Country and left all naked and exposed to his entrance But I swear unto you by God The Q. swears by God the will punish Cowards if I knew those persons or of any that shall do so hereafter I will make them know and feel what it is to be so fearful in so urgent a Cause The Subsidies you give me I accept thank-fully if you give me your good wills with them but if the necessity of the time and your preservations did not require it I would refuse them But let me tell you that the sum is not so much but that it is needful for a Prince to have so much always lying in her Coffers for your defence in time of need and not to be driven to get it when we should use it You that be Lieutenants and Gentlemen of Command in your Countries I require you to take care that the People be well armed and in readiness upon all occasions You that be Judges and Justices of the Peace I command and straightly charge you that you see the Laws to be duely executed and that you make them living Laws when we have put life into them Thus with most gracious thanks to both Houses the Princely Speech ended Then were the Titles of all the Acts read in due order and first the Bill of Subsidies to which the Clerk of the Parliament standing up did read the Queens Answer in manner and form following La Royne remercie ses loyaule Subjects accept leur benevolence ainsi le veult The Clerk of the Parliament having read the Queen's acceptance and thanks for the Subsidies given as aforesaid did then upon the reading of the Pardon pronounce in these French words following the Thanks of the Lords and Commons for the same Les Prelates Seigneurs Communes en se present Parliament assembles au nome de touts vous autres Subjects remercient tres-humblement vostre Majesty prient a Dieu que il vout done en sante bonne vie longue Nota here to the Subsidy-bill because it is the meer gift of the Subject the Queen's consent is not required for the passing of it but as it is joyned with her thankful acceptance nor to the Bill of Pardon because it is originally her free gift no other circumstance is required than that the thankful acceptance thereof by the Lords and Commons be likewise expressed it being but once read in either House before it comes thus at last to be expedited Now to all other Bills either private or publick the Queen 's express consent though in different words is always requisite as followeth The Bills of Subsidies and Pardon being passed in manner and form as aforesaid then were the Publick Acts read to every one of which allowed by the Queen the Clerk of the Parliament reads in French these words following Le Royne le veult To every Private Act that passeth the Clerk of Parliament reads 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 Clerk of Parliament at the end of every Act. To such Acts as her Majesty forbears to allow the Clerk of the Parliament reads in French these words following Le Roynes advisera After which ended the Dissolution of the Parliament followed in these words Dominus Custos Magni Sigilli ex Mandato Diminae Reginae tune praesentis dissolvit praesens Parliamentum A Journal of the Parliamentary Proceedings in the Lower House Anno xxxv o Eliz. Annoque Dom. 1592. very laboriously collected Being chiefly called for Consultation and Preparation against the ambitious Designes of the King of Spain in which some unusual Distastes happened between her Majesty and the House by reason of their intermeddling with her Majesties Successor to the Crown which she had forbidden This Session begun on Munday February 19. 1592. and ended April 9. 1593. MVnday Feb. 19. Feb. 19. The Parl. meet This day the Knights and Burgesses met and at this day appeared after that their Names were declared to the Clerk of the Crown and there entred into his book they entred into the House The House being set the Earl of Darby High-Steward for this Parliament came into the House to take their Oaths Sir Thomas Henage gave him instructions what order he should use
unwittingly miscarried by himself the same might not light upon the House but upon himself and be pardoned in him To which last Speech of the Speakers the Lord Keeper also by commandment from the Queen replied That her Majesty did well allow thereof and for his Petitions which concern'd both the House and himself her Highness was willing that they should enjoy all their ancient and lawful Priviledges but with this caution That she did not allow that any man should speak unreverently or scandalously either of the Church or State And then the Lord Keeper by the Queens commandment continued the Parliament until Saturday following being Feb. 24. Nota That the aforesaid Speeches are set down more at large in the Journal of the Paslages of the Upper House of this Parliament to which they do more properly belong And on Friday the House met not Saturday Feb. 24. the Knights Citizens and Burgesses of the House of Commons did meet in the Lower House about nine of the clock but by the Clerk of the Parliament it was signified that the Speaker had been ill at ease the night past and could not without peril of further sickness adventure to come abroad wherefore he craved in his name leave of the House to be absent that day This day Mr. Peter Wentworth and Sir Henry Bromley delivered a Petition unto the Lord Leeper A Petition delivered to the Lord Keeper by Mr. Wentworth c. for intailing the Succession to the Crown The Queen offended at it causes them to be confined therein desiring the Lords of the Upper House to be Suppliants with them of the Lower House unto her Majesty for entailing the Succession to the Crown whereof a Bill was ready drawn by them Her Majesty was highly displeased therewith after she knew thereof as a matter contrary to her former straight Commandment and charged the Council to call the Parties before them Sir Thomas Henage presently sent for them and after speech with them commanded them to forbear coming to the Parliament and not to go out from their several Lodgings About this matter A Committee appointed for this thing but few come to it in the beginning of the Parliament was a Committee appointed to be had of many wise grave and antient Parliament-men as were of the House but at this time few met at the place appointed at least such men as were expected It was appointed at this time to Mr. Stevens to peruse the penning of the Petition that should have been delivered to that House and to have provided a Speech upon the delivery of it but this office by reason of other occasions he could not attend What other things were done in that Conference were as I heard confessed unto some of the Privy Council Their Secrets discovered by some of them to the Privy Council by some of those Parties that were present at the Conference All that were except those before-named went free and were never called in question The day after being Sunday and Feb. 25. and the House sat not yet the aforesaid Mr. Wentworth Sir Henry Bromeley and some others were called before the Lord Burleigh Lord Treasurer of England the Lord Buckhurst and Sir Thomas Henage who intreated them very favourably and with good Speeches but so highly was her Majesty offended that they must needs commit them Wentworth and Bromeley ãâã and so they told them Whereupon Mr. Peter Wentworth was sent Prisoner to the Tower Sir Henry Bromeley and one Mr. Richard Stevens to whom Sir Henry Bromely had imparted the matter were sent to the Fleet as also Mr. Welche the other Knight for Wercestershire On Munday Feb. 26. after the Letany was read which is the first thing done when the Speaker is set in his Chair was read an Act entituled An Act for continuing her Majesties Subjects in more due Obedience This Bill contained all these Particulars following 1. The Party so indicted and convicted A Penal Act. shall forfeit all his Goods and Chattels which he hath in his own right or in the right of his Wife 2. He shall forfeit two parts of his Lands Tenements and Hereditaments if he be born under her Highness Allegiance and of the age of sixteen years 3. A Feme Covert shall lose her Dowry or Joynture which she might have by her Baron 4. If a man match with an Inheritrix being a Recusant he shall lose two parts of those Lands to the Queen and neither of them shall administrate to any man 5. Such Party being a Recusant shall be disabled to make any Purchase or Sale of Lands 6. He shall be disabled to take or make any Lease either to the use of himself or to the use of his Wife 7. A Recusant shall forfeit for keeping any such Recusant person in his house either Servant or Stranger 10 l. every month being at one time so long in his house or at several times in his yard 8. He shall be barred to bear any Office in the Land or to practise as Counsellor Doctor Sollicitor Proctor Atturney or Advocate to the Law 9. He shall have his Children taken from him if they be above the age of seven years and to be disposed of by the Lords of the Council or the Ordinary or the Judges of Assizes and their maintenance to be raised out of the third part of such Recusants Livings 10. He shall be disenabled to make any sale of any of his Goods or Chattels 11. If he be a Copyholder he shall forfeit his Copyhold during his life whereof two parts is to go to the Queen and the third to the Lord of the Mannor 12. If any person be indicted for Recusancy of malice he shall have the remedy against the party at the Common Law 13. If any person having been a Recusant shall at any time recant he shall make his submission in the Parish-Church where he dwelleth acknowledging the Queens proceedings to be just and detest the Church of Rome which he shall also do in open Court before the Judges of Assize 14. If any such person after his Recantation fall into relapse he shall lose the benefit of the former Recantation for ever 15. Lastly there is a Proviso That those that have already bought any Lands of any that now are or shall be indicted for a Recusant the Bargain shall be as good and stand in effect as if this had never been made This Bill upon a Committee received all these Alterations following whereupon it came as a new Bill again The first Article omitted altogether being thought too hard The Penal Bill amended The third That the women are to lose but two parts of Dowry or Joynture after her Husbands death The Husband not being a Recusant to forfeit no part of his Land for his Wives Recusancy The fifth All Sales made by Recusants since 2º Eliz. of Lands whereof he taketh the profits or which Conveyauce is to his use or upon any Trust or confidence to be void
abuses of the Bishops in every one of them He delivering the Bill made this his request That if the House thought good to receive it that then they might be Suitors unto her Majesty to have it allowed The Bill being delivered by Mr. Morris his hand unto Mr. Speaker Mr. Dalton of Lincolns-Inne stood up and spake with much earnestness against it saying IT is hard for me upon a sudden to answer a long premeditated Speech but as I am able I will say and shew what I think of the Bill exhibited It pretends great things in shew things tending to the hindrance of God's Service to the derogation of her Majesties Prerogative to the overthrowing of our Laws and violating of our Liberties things great in shew but no such things to be found in matter spoke against It is easie to make of a Mole-hill a Mountain in words so by a well compiled Speech to make a great and dangerous thing of nothing nay indeed a thing needless for that the State hitherto hath always stood upon this Government And so shewed how the Ecclesiastical Government was distinct from the Temporal The Reasons he gave were few or none onely his great mislike was that having received straight Commandment from her Majesty not to meddle with things concerning the Church and State of this Realm therefore in his opinion the Bill ought to be suppressed Mr. Speaker IN favour and in free love above my merits and deserts you have elected me to do all my best service and to be faithful to you This Bill delivered to me is long and containeth important matters of great weight and such matters as cannot be expressed in few words It hath many parts and if you put me presently to open it I cannot do it as I should for indeed it is a matter far above my ordinary practice and so I cannot so readily understand it and to deliver a thing before I conceive it I cannot Wherefore if it would please you to give me leave to consider of it I do profess I will be faithful and will keep it with all secrecy Hereupon it was put to the question Whether it should be committed to the Speaker onely or to the Privy Council and him But it was held to be against the Order of the House that a Bill should be committed before it was read Therefore upon a Motion made by Mr. Wroth it was agreed that Mr. Speaker should keep it This afternoon at two of the clock Mr. Speaker was sent for unto Court where the Queens Majesty her self gave him commandment what to deliver unto the House On Wednesday Feb. 28. after Prayers the Bill for Recusants was read This morning Mr. Morris was sent for to Court and from thence he was committed unto Sir John Fortesoue's keeping This Bill against Recusants was opened and read by Mr. Speaker who made fourteen divided parts of the same Mr. Speaker YEsterday a great Member of this House after a Speech used and his Reasons laid forth delivered two Bills unto me which Bills though not being read yet were diversly spoken of They being long and the matters grave and of great importance and the day being almost spent I desired further time to consider of the parts of the Bill I humbly thank this honourable House time was granted me freely it being almost twelve of the clock I have perused and read both of the Bills I have them about me and they have been continually with me ever since they were delivered to me never any man saw them nor ever any mans eye more than my own ever saw one word of them A little after I had perused the Bills I was sent for by a special Messenger from her Majesty Coming in her Royal presence I was commanded to deliver these words from her most excellent Majesty unto the body of the Realm for so she termed this House The matter I have to speak is great yea it is the greatest matter I ever had to deal in wherefore I pray God direct mentem linguam hanc I must be short for her Majesties words were not many and I may perhaps fail in the delivery of them for though my Auditors be great yet who is so impudent that the presence of such a Majesty would not appale him and it did greatly fear me when I did see none of these honourable persons in her presence who were present at the holding of the matter in this House yet so God in his providence had appointed it that even in this while came in some of the persons here present who if I fail in delivering what was given me in charge can report it unto you and I glad am that there are witnesses with me in this action what was my faithful service for the House I protest a greater comfort never befel me than that this my Integrity and faithful Promise to this House is not violated for her Majesty in her most gracious wisdom before my coming determined not to press me in this neither indeed did she require the Bill of me for this onely she required of me What were the things spoken of by the House which points I onely delivered as they that heard me can tell The Message delivered me from her Majesty The Speaker ãâ¦ã Message to the Commons consisteth of three things First the end for which the Parliament was called Secondly the Speech which her Majesty used by my Lord Keeper Thirdly what her Pleasure and Commandment now is For the first it is in me and my power I speak now in her Majesties person to call Parliaments and it is in my power to end and determine the same it is in my power to assent or dissent to any thing done in Parliament The calling of this Parliament was onely that the Majesty of God might be more religiously served and those that neglect this service might be compelled by some sharper means to a more due obedience and more true service of God than there hath been hitherto used And further that the safety of her Majesties Person and of this Realm might be by all means provided for against our great Enemies the Pope and the King of Spain Her Majesties most excellent Pleasure being then delivered unto us by the Lord Keeper it was not meant we should meddle with matters of State or in Causes Ecclesiastical for so her Majesty termed them She wondered that any would be of so high commandment to attempt I use her own words a thing contrary to that which she had so expresly forbidden wherefore with this she was highly displeased And because the words then spoken by my Lord Keeper are not now perhaps well remembred or some be now here that were not there her Majesties present Charge and express Commandment is That no Bills touching matters of State or Reformation in Causes Ecclesiastical be exhibited And upon my Allegiance I am commanded if any such Bill be exhibited not to read it On Thursday March 1. after Prayers
read March 1. an Act was read against Strangers born to sell forreign Wares by retail no Stranger born to do it except he hath served seven years with an Englishman in the same Trade Serjeant Yelverton HE spake concerning the Priviledges of this House Yelverton The Burgess of Misteard in Cornwall being elected the Town refused to deliver up their Indenture to the Sheriff but the Party elected made his Indenture and delivered it to the Clerk of the Crown who filed it with the rest of the Indentures returned by the Sheriff the Sheriff having indorsed it upon his Writ but this Indenture was never executed by the Sheriff nor return'd and yet this Return was held as it should seem by the Committees to be good Sir Edward Hobby THe Party outlawed is not out of his wits therefore capable Sir Edward Hobby and then he is a man able to be chosen and Idoneus to be a Burgess onely a difference may be made where the Outlawry is for a Cause Criminal and a Cause Personal as in this Cause Is this disability greater then a man outlawed may not be a Burgess as well as an Atturney to a man or as an Executor And I think it will stand with the Priviledge of the House to deliver him though he were outlawed Mr. Finch HE said he could not tell which to hold Mr. Finch or on which side to speak The book of 20 Hen. 7. doth prove that there were elected such as were attainted and that disability was taken against them The Writ to chuse a Burgess is not legalem hominem as in all places but Idoneum therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawries was onely for Causes Criminal as for Treason or Felony but these Outlawries in Personal Causes onely by the Statute 11 Hen. 4. not so great a difficulty as that at the Common Law On the other side utlegatus ne villen cannot be a Champion which is as a Judge to decide then à Fortiori he can be no Judge in this House Outlawry is an Attainder therefore the Party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parum suorum the outlawed man is not of the number of Parium and so not to be a Judge Vide 8 Ed. 3. utlegatus ne puit estre c. On Friday March 2. the old Question touching an outlawed man to be a Burgess was again spoken unto Mr. Tanfield HE held Mr. Tanfield that a Person outlawed might be a Burgess He made an Exception where the difference of a Burgess grew upon matter before the Election and where after If the Exception grew after then a Burgess elected must not be out of the House If Exception be taken to this Election and this Outlawry now alleadged to disenable him the Statute of 23 Hen 6 cap. 15. will disenable most of this House for they ought to be Burgesses resident Now if this be a good Election then it follows that the Party elected is to have his Priviledge And although the Common Law doth disenable the Party yet the Priviledge of the House being urged that prevaileth over the Law Sir William Moore FIrst Sir Will. Moore he shewed that her Majesty had more cause to have Subsidies than had Hen. 8. Edw. 6. or Queen Mary for Hen. 8. Wars continued not though they were violent In his time the Wars were impulsive not defensive he had the suppression of all the Abbeys a matter of great Riches unto him he had a Benevolence and then a Subsidy paid within three months to Sir Geo. Peckham Edw. 6. had Chauntries and all the Church-plate for relief paid him Queen Mary had a Relief paid her which she never repaid But her Majesty that now is hath been a continual Defence of her own Realms and her Neighbours France and the Low Countries yet hath she repaid the Loans and hath had no such helps Sir George Carey I Speak for the Subsidy Sir Geo. Carey first answering one that hath said we must regard them and their Estates for whom we be here saying he regarded and came for them as was meet and they will more thank us for taking something from them than if we should abandon them and leave them and all that they have to the spoil of the Enemy which will be if with Forces we provide not to withstand them for eminent dangers hangs over our SPEAKERs and are intended to us this Summer The Spaniards already have sent 7000 Pistols of gold into Scotland to corrupt the Nobility and to the King 20000 Crowns now lately were dispatched out of France into Scotland for the levying of 3000 men which the Scotish Lords have promised and the King of Spain will levy 30000 men and give them all Pay Her Majesty is resolved to send Sir Francis Drake to Sea to encounter them with a great Navy wherefore this our Danger is to be prevented and these her Majesties infinite Charges supplied by us Sir Walter Rawleigh HE spake of the Subsidy not onely as he protested Sir Walter Rawleigh to please the Queen to whom he is infinitely bound above his desert but for the necessity he both saw and knew He very well discovered the great strength of the King of Spain and to shew his mightiness he told how he possessed all the world and also that his malice and ill purpose was evident to this Realm He shewed how on every side he had beleaguered us In Denmark that King being young he hath corrupted the Council and Nobility so as it was very likely he would speed himself of Shipping from thence in the Marine-Towns of the Low Countries and in Norway he hath laid in great store of Shipping in France he hath the Parliament-Towns at his command in Britain he hath all the best Havens and in Scotland he hath so corrupted the Nobility that he had promised them Forces to assist the Papists that they were ready to joyn with any forreign Forces that would make them strong to be by themselves and to resist others for as he thought there were not six Gentlemen of that Country to be of one Religion In his own Country there is all possible preparing and he is coming with sixty Gallies besides other Shipping with purpose if he goes forward and hath good success we must then have no Ships if he invade us riding at Anchor but all will be little enough to withstand him At his coming he fully resolveth to get Plimouth or at least to possess some of the Havens this Summer within our Land and Plimouth is in most danger for no Ordnance can be carried thither to remove him the passages will not give leave Now the way to defeat him was this To send a Royal Army and supplant him in Britany and to possess our selves there and to send a strong Navy to Sea and
Bill have met and had conference together and that in sundry respects then open'd by him to the House they thought good to frame a new Bill and so offer'd the same new Bill and pray'd it might be read Divers other Bills were this day read On Saturday March 24. the Bill touching Clap-boards and Casks was twice read and committed to Mr. Treasurer Mr. Wroth Mr. Francis Bacon Mr. Finch and others and the Bill was deliver'd unto Mr. Treasurer who with the rest were appointed to meet this afternoon at two of the clock in the Exchequer-chamber Mr. Thomas Fane return'd into this Parliament one of the Barons of the Port of Dover and Mr. henry Fane also return'd into the same Parliament one of the Barons for the Port of Hyeth are licens'd by Mr. Speaker for their necessary business to depart Divers other Bills were this day read March 25. Sunday An. 1593. On Munday March 26. two Bills had each of them one reading of which the last concerning Spinners and Weavers was upon the second reading committed unto Mr. Chancellor of the Exchequer Sir William Knowls Sir Moyle Finch Sir Francis Hastings and others and the Bill was delivered to Sir William Knowls who with the rest were appointed to meet to morrow in the afternoon in the Exchequer Mr. Speaker shewed That he had received a Bill signed by her Majesty for the restitution in bloud of Sir Thomas Parrott Knight son and heir of Sir John Parrott Knight deceased lately attainted of High-Treason whereupon the Bill of restitution of bloud of Sir Thomas Parrott Knight son and heir of the said Sir John Parrott attainted of High-Treason was twice read On Tuesday March 27. Mr. Fuller one of the Committees in the Bill for repealing of a branch of a Statute made 4 5 Philip. Mariae entituled An Act for making of Woollen-cloaths sheweth the travel of the Committees whereupon then after some other Speeches then moving the House the said Bill was recommitted to the former Committees who had been appointed on Wednesday the 14th of this instant March to meet again this afternoon The Bill touching the true and lawful assizing of Bread was read the second time and upon the doubtfulness of the Voices whether it should be ingrossed or no was upon the Question upon the division of the House rejected with the difference of twenty seven Voices viz. with the Yeas sixty five and with the Noes ninety two Divers other Bills were this day read March 28. being Wednesday The Bill for renewing continuing explanation perfecting and enabling of certain Statutes was twice read and committed to the former Committees and unto Mr. William Hiningham Mr. Doughty Mr. Rotherham Mr. Finch Mr. Atturney of the Dutchie the Barons of the Cinque-Ports Mr. John Hare Mr. Penrudeck and Dr. Cesar and the Bill was delivered unto Mr. Wroth one of the former Committees who with the rest were appointed to meet in this place at two of the clock in the afternoon Sir Robert Cecill one of the Committees in the Bill for the relief of poor maimed Souldiers shewed That the Committees had met together but in the effect upon sundry reasons shewed unto them by divers of them in the said Committee to contrary effects they could come to no conclusion but rather to a confusion upon the points of the matter For his own private part he said in the end That as this House had committed the 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 the same to this House in the same form or no better state than they did before receive it Divers other Bills were this day read On Thursday March 29. Mr. Broughton Mr. Atturney of the Dutchie Sir Thomas Dennis Sir Francis Godolphine were added to the former Committees in the Bill for the Haven of Plimouth and appointed to meet at two of the clock in the afternoon this present day The Bill concerning the Haven at Colchester and the paving of the said Town was upon the second reading committed to Mr. Vicechamberlain the Burgesses of Colchester Mr. Grimston and others and the Bill was delivered unto 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 Divers other Bills were this day read On Friday March 30. Mr. Broughton and Mr. Dier were appointed to attend the Lord Keeper touching the return of the Hab. Cor. cum Causa for the bringing up of the body of Thomas Fitz-herbert Esquire Vide concerning this matter on the first day the second day and the 17th day of this instant March and also on April 3. and 15. following The Amendments in the Bill for the 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 Amendments read the third time also passed upon the Question Divers Bills more were this day read On Saturday March 31. the Bill for confirmation of Subsidies granted by the Clergy was read the first time The Clergies Subsidy confirmed and 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 upon the Question was ordered to be ingrossed Divers other Bills were this day read April 1. Sunday April 1. On Munday April 2. the Bill concerning Woollen-cloaths called Devonshire Kersies was upon the second reading committed to the Knights and Burgesses of Devon Mr. Serjeant Harries Mr. George Moore and others and the Bill was delivered to Sir Thomas Denny one of the same Committees who with the rest were appointed to meet at two of the clock this afternoon in the Exchequer-chamber Six Bills were sent up to the Lords by Mr. Treasurer and others of which the first was the Act for confirmation of the Subsidies granted by the Clergy and another touching the Lands of Sir Francis Englefield Knight Divers other Bills were this day read On Tuesday April 3. the Bill concerning Spinners and Weavers was twice read and committed to the former Committee and Mr. Wroth and the Burgesses of York and Norwich were added to them Sir Thomas Dennis one of the Committees for Devonshire Kersies shewed the meeting of the Committees and that they had in some few things amended the Bill praying the reading of the Amendments which being twice read the Bill upon the Question was ordered to be ingrossed Divers other Bills were this day read On Wednesday April 4. Mr. Barker one of the Committees in the Bill concerning Spinners and Weavers shewed the meeting and travels of the Committees and their Amendments of the Bill praying the reading of the same which being read and ordered to be inserted by the House into the Bill the same Amendments were twice read and the Bill
upon the Question was ordered to be ingrossed Mr. Wreth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments of the said Bill and prayed the reading of the said Amendments which being read and ordered by the House to be inserted into the said Bill and also twice read upon the Question the Bill was ordered to be ingrossed The Bill for explanation of a branch of a Statute made in the 23 year of her Majesties Reign entituled An Act to retain the Queens Majesties Subjects in their due Obedience with some Amendments to the same was read the second time upon which divers Speeches in the House passed before the said Bill was committed some of them being of very good moment which because they are omitted in the original Journal-book it self is therefore supplied out of the Anonymon-Journal mentioned at the beginning of this present Journal in manner and form following Sir Thomas Cecill Dr. Lewyn Mr. Sands Sir Thomas Henage Sir Edward Dymmocke and some others spake diversly to this Bill touching the explanation of a branch of the Statute made Anno 23 Reginae for reducing disloyal Subjects to their Obedience as is aforesaid Sir Walter Rawleigh Sir Walter Rawleigh said In his conceit the Brownists are worthy to be rooted out of a Common-wealth but what danger may grow unto our selves if this Law passes it were fit to be considered For it is to be feared that men not guilty will be included in it and that Law is hard that taketh Life or sendeth into Banishment where mens intentions shall be judged by a Jury and they shall be Judges what another man meant But that Law that is against a Fact that is just and punish the Fact as severely as you will If two or three thousand Brownists meet at the Sea side at whose charge shall they be transported or whither will you send them I am sorry for it I am afraid there is neer twenty thousand of them in England and when they are gone who shall maintain their Wives and Children Divers other Bills were this day read On Thursday April 5. the Bill for the true assizing and marking of Timber was read the second time and committed to Mr. George Moore Mr. Dalton Mr. Wroth Sir John Hart and others and the Bill was delivered unto Sir John Hart who with the rest were appointed to meet to morrow at two of the clock in the afternoon in the Exchequer-chamber Mr. Serjeant Owen and Mr. Powle brought in from the Lords an Act for explanation of the Statute made 34 Hen. 8. as well touching Grants made to his Majesty as for confirmation of the speedy Letters-Patents made by his Highness to others and did pray from their Lordships the speedy execution of the same Mr. Vicechamberlain 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 adde some small Amendments to the said Bill and a Proviso also for her Majesties Prerogative in point of transportation of Corn as the like whereof was in the Statute of the 13 of her Reign Nota That the business so much before agitated touching Mr. Fitz-herbert received this day the final resolution of this House as is plainly set down in the often-before-cited Anonymon-Journal more particularly mentioned in the beginning of this present Journal although it be wholly omitted in the original Journal-book which said Case was singly thus Thomas Fitz-herbert being elected a Burgess of the Parliament two hours after his election and before the return of the Writ to the Sheriff with an Indenture of his Election the said Sheriff arresteth him upon a Capias utlegatum 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 unto the Sheriff Upon all which matters there grew two Questions First whether the said Mr. Herbert were a Member of the House and secondly admitting he was Whether he ought to have priviledge Which said matter having been much formerly debated on the 1 2 17. and 30. days of March last as also on the 3. instant received now at last the Judgment of the House which is inserted out of the aforesaid Anonymon-Journal-book Divers Bills were this day read On Friday April 6. two Bills had each of them one reading of which the second being the Bill for restraint of new buildings converting of great houses into several Tenements and for restraint of Inmates and Inclosures in and neer unto the Cities of London and Westminster was upon the second reading committed unto all the Privy Counsellors of this House the Knights and Burgesses of London Mr. Francis Bacon and others and the Bill was delivered unto Mr. Wroth one of the said Committees who with the rest were appointed to meet this afternoon at two of the clock in the Exchequer-chamber The Bill concerning Devonshire Kersies was read the third time and passed upon the Question Divers other Bills were this day read On Saturday April 7. the Bill concerning Coopers was upon the second reading committed unto Mr. Serjeant Harries Mr. Dalton Mr. Wroth and others and the Bill was delivered unto Sir John Hart one of the said Committees who with the rest were appointed to meet at two of the clock this afternoon in the Exchequer-chamber The Bill for naturalizing of Justice Dormer and George Sheppie was upon the second reading ordered to be ingrossed Mr. Finch one of the Committees in the Bill for the avoiding of deceits used in the making and selling of the twice-laid Cordage and for the better preserving of the Navy of this Realm shewed the meeting of the Committees and some few Amendments to the Bill which being read and allowed by the House the said Amendments were twice read and the Bill and the said Amendments also read the third time passed upon the Question Divers other Bills were likewise this day read April 8. Sunday On Munday April 9. Westlen Webben Beer-brewer and John Lightbonne Serjeant at Mace Prisoners at the bar after admonition given them by Mr. Speaker were discharged of their Imprisonment paying their Fees Mr. Chancellor of the Exchequer one of the Committees in the Bill for explanation of a Statute made 34 Hen. 8. as well touching Grants made to his Majesty as for confirmation of Letters-Patents made by his Majesty to others shewed the meeting of the Committees and that they had considered of some small Amendments and shewed further that four several Provisoes were offered to them one by Mr. Adams one by Tipper one by and one by Daws and so offered in both the Bills the Amendments and the said four Provisoes leaving the same to the further consideration of the House Divers other Bills were read this day April 9. Sir John Hart one of the
Committees in the Bill concerning Coopers brought in the Bill again as not dealt in by the Committee for lack of convenient time The Bill for restraint of new buildings converting of great houses into several Tenements and for restraint of Inmates and Inclosures neer unto the Cities of London and Westminster with one Amendment to the said Bill was sent up to the Lords by Mr. Treasurer Sir John Woolley and others with a Remembrance to move their Lordships for sending down of the Bill for grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty to the end Mr. Speaker may this afternoon present the same unto her Majesty according to the former accustomed usage of this House Mr. Serjeant Owen Mr. Atturney-General and Mr. Powle brought down from the Lords an Act entituled An Act for the Queens most gracious general and free Pardon Divers other Bills were this day read This Afternoon the Parliament was dissolved 39 Eliz. A Journal of such things as passed in the Vpper House of Parliament in the Parliament that held Anno xxxix o Eliz. Reginae and began October 24. in the same year and ended February 9. following ANno Dom. 1597. Regni Eliz. Reginae 39. die Lunae 24. Mensis Octob. Inchoatum est Parliament Westmonasterii in Domo consuet quo die Regina diversi Domini tam Spiritual quam Temporal viz. Archiepiscopus Cant. Tho. Egerton Miles Dominus Custos Magni Sigilli Dominus Burleigh Dominus Thesaurarius Angliae Marchio Winton Comes Sussex Magnus Marescall Comes Nottingham Magnus Scenescall eight other Earls one Viscount fifteen Bishops and twenty three Barons were present whose Name are particularly set down in the Journal-book Dicto 24. die Octob. viz. primo die hujus Parliamenti Oct. 24. introduct est Breve quo Archiepiscopus Ebor. praesenti Parliamento interesse summonibatur admissus est ad suum praeheminenciae sedendi locum salvo jure alieno Consimilima Brevia introduct sunt 4 Comitibus 10 Episcopis 5 Baronibus The Lord Keeper by the Queens commandment delivered to both Houses the Causes that moved her majesty to summons this Parliament The Lord Keeper's Speech THE Queens most excellent Majesty Lord Keeper's Speech my most gracious and dread Soveraign hath commanded me to declare unto you my Lords and others here present the Causes which have moved her Highness to summons this Parliament at this time which before I can express I must confess truely that the Royal presence of her Majesty the view of your Lordships and this honourable Assembly together with the consideration of the weightiness of the service and of my own weakness doth much appale me and cause me to fear Wherefore if either through fear I forget or through the many wants and imperfections which I have I fail to perform that duty which is required I do most humbly crave pardon of her Majesty and beseech your Lordships to bear with me The great Princely Care which her Highness now hath An. 1597. as heretofore she hath ever had to preserve her Kingdoms in Peace and safe from all forreign Attempts hath caused her at this present to assemble this honourable and great Council of her Realm to advise of the best and most needful means whereby to continue this her peaceable and happy Government and to withstand the malice of her mighty and implacable Enemy which hitherto by the space of many years through her provident and Princely wisdom hath been performed to the great and inestimable benefit of her Subjects as that the simplest amongst them could not but see and the wisest but admire their happiness therein the whole Realm enjoying Peace in all security when our Neighbour-Countries have been torn in pieces and tormented with cruel and bloody Wars This her Majesty is pleased to ascribe to the mighty power and infinite mercy of the Almighty And therefore it shall well become us all most thank-fully upon the knees of our hearts to acknowledge no less unto his holy Name who of his infinite goodness still preserve her Highness and send her many years more over us in all happiness to reign In this her blessed Government her Highness chief care and regard of all hath been of the honour and service of the Almighty God that true Religion might be planted and entertained in the hearts of her People through all the parts of her Realms and as well in that behalf as for the peace and benefit of her Subjects she hath from time to time established many good Laws to meet with the Disorders and to punish the offences of wicked and ungodly men that continuing in their bad ways they may not be hardened and go forward in their wickedness for Mora in peccato dat incrementum sceleri And whereas the number of the Laws already made are very great some also of them being obsolete andworn out of use others idle and vain serving to no purpose some again over-heavy and too severe for the offence others too loose and slack for the faults they are to punish and many of them so full of difficulties to be understood that they cause many controversies and much trouble amongst the Subjects You are to enter into a due consideration of the said Laws and where you finde superfluity to prune and cut off where defect to supply and were ambiguity to explain that they be not burthen-some but profitable to the Common-wealth Which being a service of importance and very needful to be required yet as nothing is to be regarded if due means be not had to withstand the malice and force of those professed Enemies which seeks the destruction of the whole State This before all and above all is to be thought of and with most endeavour and care to be provided for for in vain are Laws made and to little purpose will they serve be they never so good if such prevail as go about to make a Conquest of the Kingdom and destruction of the People Wars heretofore were wont to be made either out of Ambition to enlarge Deminions or out of Revenge to requite Injuries but this against us is not so In this the holy Religion of God is sought to be rooted out the whole Realm to be subdued and the precious life of her excellent Majesty to be taken away which hitherto by the powerful hand and great goodness of the Almighty have been preserved maugre the Devil the Pope the Spanish Tyrant and all the misohievous designes of all her Enemies Wherefore it is high time that this be looked into and that no way be left unsought nor means unused that may serve for defence thereof Her Majesty hath not spared to disburse a mass of Treasure and to sell her Land for the maintenance of her Armies by Sea and Land whereby with such small helps as from her Subjects hath been yielded she hath defended and kept safe her Dominions from all such forcible attempts as have been made which
being still to be performed by infinite Charge her Majesty notwithstanding hears of nothing more unwillingly than of Aids and Subsidies to be received from her People though what she doth receive she doth carefully bestow and infinitely more of her own The Taxations at this day howsoever they seem are nothing so great as heretofore in the Reigns of former Kings they have been In the times of Edw. 3. and the two next before him and those three which succeeded next after him the payments of the Commons then did far exceed any that have been since her Majesties Reign which is of Record in the Histories of those times to be seen but never cause so great to employ great sums of money as now Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties Charge which at present she is at and is to continue at for the defence of the Realm He cannot be well advised which in this case will not be forward to contribute and bestow whatsoever he hath for if with the Common-wealth it goes not well well it cannot be with any private or particular person That being in danger he that would seek then to lay up Treasure and inrich himself should be like to him that would busie himself to beautifie his house when the City wherein he dwelleth is on fire or to him that decketh up his Cabin when the Ship wherein he saileth is ready to sink To spare in that case is to spare for those which seek to devour all and to give is to give to our selves Her Majesties part being onely carefully to bestow what is delivered into her hands wherein men performing their duties there is no cause at all to fear for the War is just it is in defence of the Religion of God of our most gracious Soveraign of our Native Country of our Wives Children Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging this point as a poor Remembrancer to her Majesty I shortly say to your Lordships Quod justum necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due Maintenance for the same And to you of the House of Commons that you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is You should according to your accustomed manner go down to the Lower House and there make choice of some grave learned and wise man amongst you to be your Speaker who shall be for understanding sufficient and for discretion fit as your mouth to signifie your minds and to make your Petitions known unto her Highness and him upon Thursday next to present in this place The Lord Burgh was absent being the Lord Deputy of Ireland The Lord De-la-ware was absent because he made question of his place intending to make suit to the Parliament concerning the same Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur viz. 27º diem Octobris On Thursday Octob. 27. the Queens Majesty the Archbishop of Canterbury Sir Thomas Edgerton Kt. Lord Keeper of the Great Seal the Lord Burleigh Lord Treasurer the Marquiss of Winton the Earl of Sussex great Mareschal the Earl of Nottingham Mag. Seneschall six Earls one Viscount thirteen Bishops the Lord Hunsdon Chamberlain and twenty two other Barons present Mr. Serjeant Yelverton Serj. Yelverton chosen Speaker being chosen Speaker of the Lower House was by divers Knights Citizens and Burgesses brought into the Upper House and by the hands of Sir William Knolls Controuler of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented to her Majesty who by a Speech full of Gravity and Modesty signifying the accomplishment of the duty of the House in making an Election but he excusing himself by pretence of many disabilities and imperfections Excuses himself and wishing earnestly that he were of sufficiency to perform the duty of that Place made humble suit to her Majesty that he might be discharged and that the Lower House might proceed to a new Election Which Excuse was not allowed by her Majesty Is allowed commended by the Queen as the Lord Keeper delivered by answer and the Choice of the said Mr. Yelverton being by her Majesty very well approved and his Sufficiency much commended He then proceeded in another Speech according to the manner to undertake that Charge and Place and to present unto her Majesty on the behalf of the Lower House certain humble Petitions viz. For Access unto her Majesty Petitions for the House in the usual form For the using and enjoying of such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making answer by the Lord Keeper did yield her gracious assent Which are granted with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum mensis Novembris On Saturday 5 Novembris introductum est Breve Thomae Dom. Grey de Wilton quo praesenti Parliamento interesse summonebatur Nov. 5. admissus est ad suum praeheminenciae sedendi in Parliamento loco salvo jure alieno The Petition of the Lord De-la-ware presented to this House for restitution of the same place in the Parliament which his Ancestors had in the Rank and Order of the Barons and referred to Committees viz. to the Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury Lord Bishop of London Lord Bishop of Winton Lord Zouche Lord Stafford Lord Windsor Lord Sheffield Lord North Lord St. John of Bletsoe Lord Buckhurst Lord Chief Justice of the Common-Pleas Lord Chief Baron and Edward Coke Esq the Queens Atturney who appointed to meet at the Council-chamber at the Court at Whitehall on Sunday Nov. 6. at two of the clock in the afternoon Munday Nov. 7. An Act for the speedy satisfaction of her Majesty against Accomptants secunda vice lect and committed to the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral three Earls three Bishops three Barons the Lord Chief Justice of England Mr. Baron Ewens and Mr. Atturney General to attend their Lordships and appointed to meet at the little Council-chamber in Whitehall to morrow at four a clock in the afternoon Introductum est Breve Com. Derby quo praesenti Parliamento interesse summonebatur c. On Thursday Nov. 10. the Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord De-la-ware and how it was resolved by them upon hearing and debating the matter with certain learned Counsel in the
Law brought before the said Committees by the said Lord That the Place which he claimed in the Order and Rank of the Barons was due unto him viz. next after the Lord Willoughby of Ersby which Report being made to the House and the Voices of all the Lords being demanded the Opinions of the Committees was allowed by the consent of all the Lords the Lord Willoughby onely excepted And the Lord Keeper was desired to acquaint her Majesty with the Determination of the House and to know her pleasure concerning the same The Lord Treasurer made a Motion to the House The Treasurers Motion about the Journal-book that forasmuch as the Journal-books kept heretofore by the Clerk of the Parliament seemed to have some Errours in them in misplacing the Lords so as it was doubted how the same might be of true Record That it would please their Lordships to take order that the said Books that should from henceforth be kept by the Clerk of the Parliament may be viewed and perused every Parliament by certain Lords of the House to be appointed for that purpose and the List of the names of the Lords in their order to be subscribed by them taking unto them for their better information the King at Arms and that this Order might begin this present Parliament On Saturday Nov. 12. the Bill for taking away the benefit of Clergy from Offenders A Bill against the benefit of Clergy for such as take away women against their wills against a Statute made Anno 3 Hen. 7. concerning the taking away of women against their wills was read secunda vice On Munday Nov. 14. the Lord Treasurer moved the House that such Lords as were absent from the Farliament and had not sent their Proxies and such others as had made their appearance at the beginning of the Parliament and have since neglected their attendance may be admonished to reform the same Upon the same day upon the Petition of the Lord De-la ware exhibited to her Majesty concerning his place in the Order of the Barons of the Parliament and with her Majesties commandment and direction presented unto the Lords Spiritual and Temporal in this present Parliament the fifth of this instant November and referred the same day upon the reading unto Committees as is recorded in the Session of the same day the said Committees having at the time and place appointed assembled themselves and advisedly considered of the said Petition and of all Arguments that were brought and alleadged both for the Petition and against it did resolve and determine That in their opinions the said Petition of the said Lord De-la-ware was just and that the Place which he sought was due unto him viz. to have his place betwixt the Lord Willoughby of Ersby and the Lord Berkley being the same place which his great Grandfather had held before as appeareth by Record Of which Resolution and Determination Report having been made by the Lord Burleigh Lord Treasurer first of the Committees the tenth of this instant November in the Session of the same day as before is recorded and the same being allowed and approved of by the consent of the Lords Spiritual and Temporal then present in the House it was thought meet and ordered That her Majesty should be acquainted by the Lord Keeper with the Opinion and Resolution of this House Which having been performed by his Lordship her Majesty having allowed of the proceedings of this House and of the determination of the Question touching the place of the said Lord De-la-ware as hath been declared to this House by the Lord Keeper it was and is agreed and ordered by her Majesty and the Lords Spiritual and Temporal That the Lord De-la-ware should be brought into the House and placed in the room and order before mentioned to have place and voice betwixt the Lord Willoughby and Lord Berkley which was accordingly done this day The Lord De-la ware was brought in his Parliament-robes unto the place aforesaid by the Lord Zouch supplying the place of the Lord Willoughby and by the Lord Berkley in their Robes Garter the King of Arms attending them and doing his service according to his Office On Tuesday Nov. 15. an Act for the taking away the benefit of Clergy from Offenders against a Statute made 3 Hen. 7. concerning the taking away of women against their wills unlawfully together with the Proviso annexed unto it by the consent of the House was read On Saturday Nov. 19. the absence of the Lord Marquiss of Winton and the Earl of Huntingdon severally excused by two of the Temporal Lords and the like Excuse delivered by the Bishop of Norwich for the Bishop of Chichester's absence Report was made by the Lord Keeper that the Earl of Essex received not his Writ of Summons until the 17th of this month through the negligence of the Messenger to whom the same was delivered and now his Lordship wanting health to give his attendance desired to be excused for his absence the Earls of Worcester and Southampton testifying of his sickness Introduct est Breve Richardi Dom. Eure quo praesenti Parliamento interesse summonebatur admissus est ad locum praeheminenciae sedendi in Parliamento salvo jure alieno On Munday Nov. 21. a Bill for the confirmation of the deprivation of divers Bishops in the beginning of her Majesties Reign was read On Tuesday Nov. 22. a Bill formerly sent to the Commons with a Proviso from this House thereto added concerning taking away of Clergy from Offenders that take away women against their wills unlawfully expedited The Committees upon the Bill of Tellers and Receivers meeting at the little Chamber near the Chamber of the Parliament-presence and conferring on the Bill and the Provisoes that were thought on and came in question amongst them by reason of sundry doubts that were moved did refer the Bill to her Majesties Atturney-General to be reviewed On Thursday Nov. 24. an Act for the better explanation and execution of the Act made in the thirteenth year of the Queens Majesties Reign concerning tellers and Receivers prima vice lect This Bill was renewed by Mr. Atturney-General by the appointment of the Committees to whom the former Bill was referred as is mentioned in a Note in the last Session and brought instead of the former Bill On Saturday Nov. 26. an Act for the explanation and execution of an Act in the thirteenth year of the Queens Majesties Reign concerning Tellers Receivers c. secunda vice lect and commanded to be ingrossed A Serjeant at Arms to be sent for one Winwood A Serjeant at Arms sent to take a City-Serjeant into custody and one Stevenson a Serjeant at Mace of London who arrested Edward Barston the Lord Chandois servant contrary to the Priviledge of the House The Bill for repeal of a Statute made 23 of her Majesties Reign entituled An Act for the increase of Mariners and maintenance of Navigation was brought into the House by the Committees
Committees and some Amendments they had made in the said Bill and so delivered in the Bill and Amendments to the House The Bill for building and erecting of a bridge over the River of Wye at Wilton upon Wye neer the Town of Ross in the County of Hereford was read the third time and passed upon the Question Dr. Carewe and Dr. Stanhopp did bring from the Lords a Bill passed in this House and sent up to their Lordships entituled An Act for the establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esq and for the better enabling William Pope aforesaid to sell certain of his Lands for the payment of his Debts And another for the confirmation of the Joynture of the Lady Verney Wife of Sir Edmond Verney Knight which Bill their Lordships have also passed with some Amendments Sunday Feb. 5. On Munday Feb. 6. two Bills had each of them one reading of which the first being the Bill for the reformation of retailing and Pawn-takers was read the first time Mr. Boyes one of the Committees in the two Bills the one against carrying Corn out of the Realm and the other to restrain the lading of Corn in some Ports shewed the meeting of the Committees and that they had made some Amendments in one of the same Bills and so delivered the said Bills into the House Mr. Francis Bacon Bill against the decaying of Towns and houses of Husbandry one of the Committees in the Bill late passed in the Upper House by the Lords and sent down to this House against the decaying of Towns and houses of Husbandry shewed the meeting of the Committees and their Amendments in the said Bill which being read to the House were very well liked of by the whole House On Tuesday Feb. 7. two Bills had each of them one reading of which the second being a Bill for establishing a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain Lands for payment of his Debts was read the second time and committed to Mr. Controuler Mr. Lukenor Mr. Francis Bacon Mr. Oglethorpe and the Knights and Burgesses of London and twenty four others who were appointed to meet this afternoon in the Court of Wards The Amendments and Provisoes of the Lords in a Bill lately passed in this House entituled An Act for the reviving continuing and repealing of divers Statutes being thrice read the Amendments were assented unto and the Provisoes were passed upon the Question On Wednesday Feb. 8. the Bill entituled An Act for the establishing of a Joynture to Anne Lady Wentworth now Wife of William Pope Esquire and for the better enabling of the said William to sell certain of his Lands for the payment of his Debts and the Bill entituled An Act for the enabling Edmond Moleneux Esquire to sell Lands for the payment of Debts and Legacies and the Bill entituled An Act against the deceitful stretching of Northern Cloath and the Bill entituled An Act for the further continuing and explanation of an Act for the necessary relief of Souldiers and Mariners made thirty five Reginae were sent up to the Lords by Mr. Controuler and others The Bill for the reformation of abuses in Wine-casks was read the third time and dashed upon the Question The Bill for the better execution of Judgments was read the third time and passed upon the Question On Thursday Feb. 9. the Bill entituled An Act for reformation of Retailing-Brokers and other Pawn-takers the Bill entituled An Act that Lessees may enjoy their Leases against all Patentees their Heirs and Assignees notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown and a Bill entituled An Act for the better execution of Judgments were sent up to the Lords by Mr. Controuler and others The Bill for the Queens Majesties most gracious Pardon was once read and passed upon the Question Nota That whereas to the passing of other Bills three several readings are required here the Bill for her Majesties most gracious Pardon passed upon the first reading Mr. Serjeant Drewe and Dr. Carewe brought from the Lords the Bill entituled An Act for the grant of three Subsidies and six Fifteenths and Tenths and did shew that their Lordships in like manner have passed the said Bill and so delivered the same to Mr. Speaker to the end that he might carry the same up to the Upper House to be presented by him unto her Majesty in the name of the whole House Post Meridiem The Queens Majesty came to the Upper House soon after three of the clock of which the House of Commons having notice repaired thither with Christopher Yelverton Serjeant at Law their Speaker who having in the name of the whole House presented her Majesty with the Bill of three Subsidies and six Fifteenths and Tenths amongst other things desired her Majesties Royal assent to such Laws as had passed the two Houses He was answered according to her Majesties command by the Lord Keeper That she thankfully accepted of the said Gift of her loving Subjects and very well allowed of the said Speakers pains and Speech Then Mr. Smith the Clerk of the Upper House The Qu. passeth 24 publick Acts and 19 private Acts and refuses 48 Acts that had passed both Houses and then dissolves this Parl. having read the Titles of all the Acts her Majesty gave her Royal assent to twenty four publick Acts and nineteen private and refused fourty eight which had passed both the Houses After which Sir Thomas Edgerton Knight Lord Keeper of the great Seal of England by her Majesties commandment dissolved this present Parliament An exact Journal of the Passages of the Vpper House of Parliament 43 Eliz. holden at Westminster anno 43 Eliz. Reginae annoque Dom. 1601. which began on Tuesday 27 Octob. and there continued until 19 Decemb. next insuing ON Tuesday Octob. 27. Oct. 27. the Parliament held according to the Summons that had been sent forth The Qu. comes to the House of Peers and the Queens Majesty was personally present in the Upper House about three of the clock in the afternoon her Majesty came accompanied with the Lord Keeper of the great Seal and divers of the Nobility and Bishops There were present all sitting in their Parliament-Robes according to their several places these Noble Personages following Lift of the Peers then present The Archbishop of Canterbury Sir Tho. Edgerton Lord Leeper of the great Seal The Lord Buckhurst Lord Treasurer of England The Marquiss of Winchester The Earl of Sussex Earl Marshal of England The Earl of Nottingham Lord High-Admiral of England and Lord Steward of her Majesties Houshold The Earl of Northumberland The Earl of Shrewsbury The Earl of Derby The Earl of Worcester The Earl of Cumberland The Earl of Hertford The Earl of Lincoln BISHOPS The Bishop of London The Bishop of
Durham The Bishop of Winchester The Bishop of Rochester The Bishop of Coventry and Litchfield The Bishop of Worcester The Bishop of Bath and Wells The Bishop of St. Davids The Bishop of Lincoln The Bishop of St. Assaph The Bishop of Chester The Bishop of Chichester The Bishop of Exeter The Bishop of Salisbury The Bishop of Ely The Bishop of Peterborough BARONS The Lord Zouche The Lord Cobham The Lord Stafford The Lord Grey de Wilton The Lord Dudley The Lord Lumley The Lord Sturton The Lord Windsore The Lord Mordant The Lord Wharton The Lord Rich. The L. Willoughby of Parham The Lord Sheffield The Lord Darcy of Chichester The Lord Chandois The Lord St. John of Bletsoe The Lord Compton The Lord Norreys The Lord Howard of Walden Sir Thomas Edgerton Kt. Lord Keeper of the great Seal of England made a Speech to this effect An. 1601. HE used strong perswasions both to Thankfulness and Obedience Lord Keeper's Speech and also shewed her Majesty desired the Parliament might end before Christmas He shewed the necessity we stand in and the means to prevent it the necessity of the Wars between Spain and England the means and treasure we had to oppose His advice was that Laws in force might be revised and explained and no new Laws made The causes of the Wars he laid down to be that they were Enemies to God the Queen and the Peace of this Kingdom that they conspired to overthrow Religion and to reduce us to a tyrannical Servitude These two Enemies he named to be the Bishop of Rome and the King of Spain Our Estate standing thus he advised us to be provident by reason we deal with circumspect Enemies and said he was confident of good success because God hath ever and he hoped ever would bless the Queen with successful fortune He shewed how apparent his providence was for by experience and judgment his tortering he giveth the means and courses he taketh for our instructions And secondly the success we had against him by Gods strong arm of defence in Anno 1588 and divers others times since You see to what effect the Queens support of the French Kings Estate hath brought him to even made him one of the greatest Princes in Europe yet when her Majesties Forces there left him how again he was fain to ransome a servile Peace at the hands of our Enemies the Spaniards with dishonourable and servile Conditions For the Low Countries how by her aid from a confused Government and Estate she brought them to an unity in Council and defended them with such success in her Attempts against the greatest power of the Spaniards tyrannical designes which have so much galled him that how many desperate practices have been both devised consented unto and set on foot by the late King his Father I need not shew you nor trouble you with Arguments for proof thereof being confessed by them that should have been Actors themselves thereof but De mortuis nil nisi bonum I would be loath to speak ill of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her own bloud I mean Jewels that have been given to her Physicians to have done that unto her which God will ever keep her from but she hath worn them rather in triumph than for the price that hath not been valuable Receivers of Petitions for England Receivers of Petitions Ireland Wales and Scotland Sir John Popham Kt. Lord Chief Justice Francis Gawdy one of the Justices of the Kings-bench George Kingsmell one of the Justices of the Common-Pleas Dr. Carewe and Dr. Stanhopp Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edm. Anderson Kt. Lord Chief Justice of the Common-Pleas Sir William Periam Kt. Lord Chief Baron Thomas Walmesly one of the Justices of the Common-Pleas Dr. Swale and Dr. Hene Triers of Petitions of England Ireland Wales and Scotland Triers of Petitions The Archbishop of Canterbury the Marquiss 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 Hertford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouche 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 the Queens Serjeants at their leisures to meet and hold their place in the Chamberlain's chamber Triers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and 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 Huntingdon the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord De-la-ware the Lord Lumley the Lord Burleigh All these or any four of them calling to them the Queens Serjeants and the Queens Atturney and Sollicitor to hold their place when their leisure did serve them to meet in the Treasurer's chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-book in these words Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliament usq in diem Veneris prox futur viz. 30 diem Octob. On Friday Octob. 30. about one of the clock in the afternoon her Majesty came by water to the Upper House and being apparelled in her Royal Robes and placed in her Chair of Estate divers of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the door with John Crooke Esq Recorder of London John Crooke Esq Recorder of London presented as Speaker their Speaker elect the full space of half an hour were at last as many as could be conveniently let in And the said Speaker was led up to the bar at the lower end of the said House by Sir William Knolls Kt. Controuler 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 Soveraign UPon your commandment His Speech your Majesties most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble servant a Member of the same House to be their Speaker but my self finding the weakness of my self and my ability too weak to undergo so great a burthen 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
before the Lords in the House on Saturday next by nine of the clock in the morning On Saturday Nov. 21. to which day the Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for assurance of Lands was read tertia vice Upon the reading of which Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers other Lords insomuch that the House was divided Whether it should be put to the question for the passing thereof or no many of the Lords affecting well the said Bill and wishing that any defect therein might rather be reformed than by the Question to put it to the hazard to be rejected Upon which it was thought meet to propound another Question viz. Whether the said Bill having been referred to Committees at the second reading and by them returned with some Amendments and thereupon appointed to be ingrossed may now after the ingrossing thereof and third reading be committed again or no Which being accordingly put to the question and the number both of the affirmative part and negative part falling out to be equal upon the accompting of them by the Lord Bishop of London and by Lord Grey ãâ¦ã appointed by the Lords for that purpose it was adjââââd that the Voices of the negative part which were against the ãâã committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal Smper presumetur pro negante and after that the Bill it self being put to the question Whether it should pass or no was by the major part denied and refused Excuses were made for the absence of divers Lords by reason of sickness or other reasonable occasions The Marquiss of Winchester the Earl of Nottingham and the Earl of Hertford signified by some of their Servants to the Lord Keeper the Earl of Cumberland and the Lord Scroope signified by the Lord Wharton the Lord Rich by the Lord Zouche the Lord Mordant by the Lord Sturton the Lord Bishop of Coventry by the Bishop of Meneven and the Bishop of Chester by the Bishop of Bangor A Motion was made by the Lord Keeper and approved of by the Lords That the ancient course of the house may be observed hereafter in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions which ought to be done by one of the Peers and not by other information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice they answered That it might so do and they could take now exceptions to it On Munday Nov. 23. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Suning was read tertia vice and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone. The Bill to avoid divers Misdemeanours in lewd and idle persons was read secunda vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was read secunda vice and committed to the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council-chamber and the Bill was delivered to the Archbishop The Bill for increase of Horses of service within this Realm was read secunda vice and committed to the Earl of Nottingham and others and the Bill was delivered unto him being the first of the Committees The meeting of the Committees for the suppressing of the multitude of Ale-houses and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little chamber neer the Parliament-presence before the House sit for that the Committees could not conveniently meet at the times formerly appointed for the same The Under-Sheriff of the County of Surrey that arrested William Hogan was brought into the House to answer for the same The Vnder-Sheriff sent to the Fleet for arresting Hogan and by Order of the House committed to the Prison of the Fleet. On Tuesday Nov. 24. to which day this Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq upon Francis Ketleby was read secunda vice and committed unto the Earl of Worcester the Earl of Lincoln the Lord Bishop of Winchester the Lord Bishop of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden and the Bill was delivered to the said Lord Howard who with the rest were appointed to meet on Saturday next in the afternoon at the Chamber of the Parliament-presence This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self excusing his not coming by reason of his great age and infirmities and withal prayed their Counsel learned might be heard whereupon it was ordered That both their Counsel and the Counsel of Francis Ketleby should be heard upon Thursday next in the morning On Thursday Nov. 26. to which day the Parliament had been last continued one Bill being for the more peaceable government of the Parties of Cumberland Northumberland and Westmoreland and Bishoprick of Durham was read the second time and committed but in respect the manner of committing Bills all this Parliament was the same and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees and never made joynt Committees with them therefore the names of the said Committees are for the most part omitted as a thing not worth the observation It was ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey That he should be set at liberty out of the Fleet whither he had been committed for arresting one William Hogan her Majesties servant The Counsel learned of Andrew Ketleby Esq and Francis Ketleby were heard in the House and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence and the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added to the said Committees and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Dominus Custos Magnis Sigilli continuavit c. On Tuesday Decem. 1. Decemb. 1. two Bills had each of them one reading of which the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased On Wednesday Decemb. 2. three Bills had each of them one reading Bill to avoid
triyling Suits in Law of which the first was to avoid trifling Suits in Law in her Majesties Courts at Westminster On Thursday Decemb. 3. two Bills had each of them one reading of which the second was the Bill for enabling Edward Nevil of Burling in the County of Kent and Sir William Nevil his son to sell certain Lands On Friday Decemb. 4. the Bill against Drunkards and common Haunters of Ale-houses and Taverns the Bill for levying of Fines with Proclamations of Lands within the County of the City of Chester the Bill for enabling of Edward Nevil of Berlin in the County of Kent Esq c. and the Bill for confirmation of Letters-Patents made by Edw. 6. to Sir Edward Seignior Kt. were each of them read secunda vice On Saturday Decemb. 5. the Bill for maintenance of the Navy increase of Mariners and for avoiding the scarcity of Victuals was read prima vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees concerning Musters Souldiers c. That the said Committees having oftentimes met and conferred about the said Bill did finde so many imperfections in the same as it could not conveniently be mended and therefore thought it meet to draw a new Bill which he presented to the House The Bill entituled An Act for the more peaceable government of the Parties of Cumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed On Munday Decemb. 7. two Bills had each of them one reading of which the first being the Bill for the more peaceable government of the Parties of Cumberland c. was read tertia vice and sent down to the House of Commons by Dr. Carewe and Dr. Stanhopp The Bill to avoid the double payment of Debts was brought up to the Lords from the House of Commons by Mr. Controuler Sir Edward Hobby and others Four other Bills had each of them one reading of which the third being the Bill for the confirmation as well of all Grants made to the Queen and of all resumptions made by her Highness of the possessions of any Archbishoprick or Bishoprick as of Letters-Patents made by her Majesty to others was read prima vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was this day returned to the House with certain Amendments by the Lord Treasurer the first of the Committees This day Sir William Knowls Sir Edward Hobby Knights and divers others of the House of Commons delivered a Message from the said House desiring a Conference with some of their Lordships concerning the uniting of Eye and Dunsden to the Mannor of Sunning Upon the delivery of which Message after the said Sir William Knowls and the rest had a little withdrawn and then upon propounding this Motion to this House the Lords having assented thereunto Answer was made by the Lord Keeper sitting in his place and the the rest of the Lords also keeping their places unto the said Sir William Knowls and the rest That the Lords had yielded to the Conference and had appointed the Lord Treasurer the Lord Steward the Lord Bishop of London the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham to meet with some select persons of the House of Commons for that purpose to morrow by eight a clock in the morning at the Utter chamber neer the Parliament-presence On Tuesday Decemb. 8. six Bills had each of them one reading of which the last being the Bill concerning Captains and Souldiers and other in the Queens service in the Wars was read secunda vice and committed to the Committees formerly appointed for the first Bill of that kind with addition of the Lord Windsor and the said Committee to meet upon the said Bill upon the first opportunity of meeting on any other Bill and the said Bill was delivered to the Earl of Nottingham the third of the Committees Nota NOTA. That here this Bill was delivered unto the Earl of Nottingham being the third of the Committees of whom the Archbishop of Canterbury and the Lord Treasurer were the two first Whereas on Munday Nov. 23. a Bill being committed upon the second reading was delivered unto the Archbishop the first of the Committees And on Thursday Nov. 26. upon the commitment also of a Bill in the like manner the Bill was delivered unto the Lord Howard of Walden being the Puisne Baron or last of the Committees by which it is plain that in the Upper House as well as in the House of Commons after any Bill is committed upon the second reading it may be delivered indifferently to any of the said Committees A Proviso was offered by the Earl of Worcester on the behalf of the Earl of Shrewsbury to be annexed unto the Bill entituled An Act for the consirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others which Proviso together with the Amendments in the said Bill were read presently And forasmuch as the Lords desired a speedy proceeding in the said Bill they sent Dr. Carewe and Dr. Stanhopp to the House of Commons to move them that some meet persons of that House might joyn in Conference with the Lords being to the number of twenty or thereabouts concerning the Proviso and Amendments aforesaid and that the meeting about the same might be at the outward Chamber neer to the Parliament-presence to morrow by eight of the clock in the morning Upon delivery of which Message to the House of Commons they assented accordingly to the Motion made on that behalf Upon a Motion sent this day from the House of Commons by Sir Walter Rawleigh Sir Francis Hastings Sir Edward Hobby and others signifying That they desired Conference with some of their Lordships for certain matters concerning the honour of both Houses the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham Lord Steward the Earl of Northumberland the Earl of Worcester the Bishop of London the Bishop of Durham and the Bishop of Winchester the Lord Zouche the Lord De-la-ware the Lord Cohham and the Lord Howard of Walden were appointed to meet on Thursday next by eight a clock in the morning at the outward chamber neer the Parliament-presence which was signified to Sir VValter Rawleigh and the rest in answer of their Message On VVednesday Decemb. 9. the Counsel of the Lady Fane was heard in the House what he could say on her behalf against the Bill of Edward Nevil and Sir Henry Nevil his son whereupon the Lords finding no cause why the proceeding on that Bill should be any longer staid Order was given for the third reading thereof The Bill for the enabling of Edward Nevil Esq and Sir Henry Nevil his son and heir apparent to dispose of certain Copyhold-lands was read tertia vice upon the third reading of which Bill and before
Devon Bill to erect a Harbour and Key c. was returned to the House by the Lord Steward with one Amendment which was presently twice read The Bill for prohibiting Fairs and Markets to be kept on the Sunday was read secunday vice and committed Upon the Motion of the Earl of Worcester it was ordered by the House That William Crayford prisoner in the Fleet should come to make his humble submission before the Lords in the said House to morrow by nine of the clock in the morning The Counsel as well of the Company of Plaisterers as Painters were appointed to be heard in this House to morrow in the afternoon On Tuesday Decemb. 15. three Bills had each of them one reading of which the second being for the erecting and making of a Harbour and Key on the north part of Devon in the River of Severn for the safeguard of men and shipping and for the publick good of the Common-wealth was read tertia vice and sent down to the House of Commons for their consideration of an Amendment sent down by Dr. Stanhopp Dr. Swale and Dr. Hone. The Bill for the grant of four entire Subsidies eight Fifteenths and Tenths granted by the Temporalty was read tertia vice and expedited The Bill for naturalizing certain persons born beyond the Seas was read secunda vice The Bill for confirmation of the Subsidy of the Clergy Subsidy of the Clergy confirmed was read prima secunda tertia vice Memorandum That at the second and third reading of the said Subsidy-bill the body of the Grant was omitted to be read according to the accustomed manner and onely the preface and confirmation of the Grant were read and the Bill was sent to the House of Commons by Mr. Serjeant Yelverton Dr. Stanhopp and Dr. Hone. Upon the humble Petition of William Crayford lately committed to the Prison of the Fleet and upon his humble submission and acknowledgment of his offence he was by order of the Court set at liberty Vide concerning this matter on Decemb. 19. following Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling the Bill for naturalizing certain persons born beyond the Seas was read tertia vice and expedited Eight Bills were brought up to the House of Lords from the House of Commons of which the first being the Bill for continuance of divers Statutes and for repeal of some others and the second being against the transportation of Ordnance Bill against the transportation of Guns c. Guns Metal Iron-Ore and Iron-shot were each of them read prima vice On Wednesday Decemb. 16. the Bill for the re-edifying repairing and maintaining of two bridges on the River of Edon neer the City of Carlisle in the County of Cumberland was read prima secunda vice Seven other Bills had each of them one reading of which the fourth being the Bill for continuance of divers Statutes and for the repeal of some others and the fifth to redress the misemployment of lands goods and stocks of money heretofore given to charitable uses were each of them read secunda vice Eight Bills were brought up to the Lords from the House of Commons by Mr. Secretary Cecil Sir Walter Rawleigh and others of which the first being the Bill for the ending and appeasing of all differences and debates between Francis Ketleby of the one part and Andrew Ketleby and Jane his Wife of the other part and the second being for the recovery of many thousand acres of marish grounds subject commonly to surrounding with water within the Isle of Ely and Counties of Cambridge and Suffolk Huntington Northampton Lincoln and Norfolk were each of them read prima vice As also the fifth being the Bill for the necessary relief of Souldiers and Mariners was read prima vice A Message was delivered from the House of Commons by Mr. Controuler and others That the said House was not satisfied concerning the Proviso added by the Lords to the Bill entituled An Act for the better observation of certain Orders in the Exchequer and therefore desired a Conference with some of their Lordships about the same The Conference was yielded unto and appointed to be this afternoon at the outward chamber The Bill entituled An Act for the reformation of Deceits of certain Auditors c. was returned to the House with certain Amendments the Bill with the same Amendments was forthwith twice read and ordered to be ingrossed Upon Conference with the House of Commons concerning the Bill for confirmation of Grants made to the Queens Majesty c. it was agreed by the Committees of both Houses That certain Amendments and Provisoes should be added to the said Bill which were returned to the House and presently twice read and so commanded to be ingrossed And thereupon the Bill it self with the said Amendments and Provisoes were read the third time and sent to the House of Commons for their Consideration of the same by Mr. Atturney-General and Dr. Stanhopp Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus diei About which time the Lord Keeper and divers other Lords assembling together eleven Bills had each of them one reading of which the fifth being the Bill for the recovery of many thousand acres of marish grounds subject commonly to surrounding within the Isle of Ely c. the sixth being for redress of certain abuses and deceits used in painting Bill about ensurance amongst Merchants the seventh concerning matters of assurance amongst Merchants and the eighth being for the assize of Fewel were each of them read secunda vice Upon the meeting this afternoon with those of the House of Commons appointed to confer with the Lords Committees in the Bill entituled An Act for the better observation of certain Orders in the Exchequer c. concerning a Proviso added by the Lords to that Bill after some debate by the Committees on both parts thereupon they of the House of Commons did signifie That the said House would allow of the said Proviso so as the same might in some certain points be amended Whereupon question grew between them Whether the said Amendment of the said Proviso should be made in the Upper House upon notice given thereof by the Committees and so be sent down again or else be made in the House of Commons which doubt being reported by the Lords Committees by order and appointment of the House it was agreed by common consent That the Amendments should be made in the House of Commons and sent up in Paper and to be inserted in the body of the Proviso which Order was by the Lords Committees signified to the Committees of the House of Commons and they thereunto assented Whereas it hath been accustomed in former Parliaments that towards the end of the Parliament a Collection should be
Court and the said Crayford having been heard in the presence of William Vaughan what he could say concerning the said Information wherein he protested that he was guiltless and that his said Son had not in any sort received such direction from him as was informed It was therefore by the Court thought meet and so ordered That the examination and determining of the Controversies and Suits depending between the said Crayford and Vaughan should be referred to the Earl of Worcester the Lord Bishop of London and the Lord Cobham and that they the said Crayford and Vaughan should enter into good and sufficient Bonds each to other to stand to observe and perform such Award and Arbitrament as the said Lords shall make and set down between them On Saturday Decemb. 19. a Motion was made in the House for the avoiding of all further Controversies between William Crayford and William Vaughan Gent. That forasmuch as each of them took mutual exceptions one to the other touching the Bonds whereinto they had entered by order of the Court the said William Crayford alleadging that it sufficed not for William Vaughan alone to be bound because his Heirs or some other claiming by and from him might trouble and molest him and that the said Vaughan is insufficient And the said William Vaughan alleadging that if the said William Crayford were bound alone his Sons and Heirs might trouble and molest the said Vaughan without hazard of the Bond some further order might thereupon be taken It is therefore this day ordered by the Court That the said William Crayford and his eldest Son Edward Crayford shall enter into sufficient Bond unto the said William Vaughan without hazard of the Bond for themselves and their Heirs that they and every of them shall stand to the Award of the Earl of Worcester the Lord Bishop of London and the Lord Cobham or any two of them And that also the said William Vaughan shall enter into the like Bond with a sufficient Surety for himself and his Heirs to stand to the said Award of the Lords before-mentioned or any two of them so as the said Award be made before the Feast of Easter next following And moreover it is ordered by the Court That if they or either of them shall refuse to enter into Bond according to the said Order that the Lord Keeper notwithstanding the ending of the Parliament and though it be after the same shall commit them or either of them to close Prison for refusing there to remain until the party refusing be conformable to the said Order Dominus Custos Magni Sigilli continuavit praesens Parliamentum usque ad horam secundam post meridiem hujus instantis diei About which hour in the afternoon The Qu. comes to the House the Queens Majesty was personally present being accompanied with the Lord Archbishop of Canterbury Sir Thomas Egerton Kt. Lord Keeper of the great Seal the Lord Buckhurst Lord Treasurer of England and with divers other Lords Spiritual and Temporal but what was there done is not mentioned in the Original Journal-book of the Upper House and therefore is supplied out of a very laborious and copious Journal of the House of Commons taken by Hayward Townsend Esq a Member thereof at this Parliament Her Majesty with divers Lords Spiritual and Temporal being set in the Upper House in their Parliament-Robes between two and three of the clock this afternoon the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired thither with John Crooke Esq their Speaker who being placed at the Rail or Bar at the lower end of the said Upper House after he had made three Reverences to her Majesty sitting under a rich Cloath of Estate spake to the effect following THat Laws were not first made with humane Pen The Speaker's Speech but by divine Ordinance that Politick Laws were made according to the evil condition of men and that all Laws serves not at all times no more than one Medicine for all Diseases and said if he were asked what was the first and chiefest thing to be considered of he would say Religion for Religion is all in all for Religion breeds Devotion Devotion breeds Zeal and Piety to God which breedeth Obedience and Duty to the Prince and Obedience to the Laws breedeth Faithfulness Honesty and Love the three necessary and onely things to be wished and observed in a well-govern'd Commonwealth And that her Majesty by planting true Religion had laid such a foundation upon which all those Vertues were planted and builded that they could not easily be rooted up or extirpated and therefore acknowledged that we ought and do acknowledge that we will praise God and her Majesty for it And then he descended to speak of Governments and Laws of Nations amongst which principally and above all he preferr'd the Laws of this Land which he said were so many and so wise that there was almost no offence but was met with in a Law notwithstanding her Majesty being desirous for the good of her Land to call a Parliament for redress of some Laws and for making of new Her dutiful and loyal Subjects having considered of them have made some new and amended some old which they humbly desire may be made Laws by her Royal Assent which giveth life unto them And so after thanks given for the Pardon by which we dread your Justice and admire your Mercy and a Prayer unto her Majesty That she would accept as the testimony of our Loves and Duties offered unto her with a free heart and willing spirit four entire Subsidies and eight Fifteenths and Tenths to be collected of our Lands and Livelihoods in speaking whereof he mistook and said Four entire Fifteenths and eight Subsidies which he was advised of by some of the Counsel that stood neer unto him and so he spake it right and craving pardon for his offence if either he had forgotten himself either in word or action he ended his Speech The L. Keeper returns the Queens Answer To which the Lord Keeper answered thus in effect AS touching her Majesties proceeding in the Laws for her Royal Assent that should be as God directed her sacred spirit Secondly For your presentation of four Subsidies and eight Fifteens and Tenths And thirdly Your humble thank-fulness for them and your self I will deliver her Majesties Commandment with what brevity I may that I be not tedious to my most gracious Soveraign First She saith your proceeding in the matter of her Prerogative she is perswaded that Subjects did never more dutifully do it and that she understood you did but obiter touch her Prerogative and no otherwise but by humble Petition and therefore the thanks that a Prince may give to her Subjects she willingly yieldeth But she now well perceiveth that private respects are privately masked under publick pretences Secondly Touching the presentation of your Subsidies she specially regardeth two things both the persons and
the manner For the first he fell into commendations of the Commonalty for the second the manner which was speedy not by perswasion or perswasive inducements but freely out of duty with great contentment In the thing which you have granted her Majesty greatly commendeth your confidence and judgments and though it be not proportionable to her occasions yet she most thank fully receiveth the same as a loving and thank-ful Prince And that no Prince was ever more unwilling to exact or receive any thing from the Subject than she our most gracious Soveraign for we all know she never was a greedy Grasper nor siraight-handed keeper And therefore she commanded me to say That you have done and so she taketh it dutifully plentifully and thank-fully For your self Mr. Speaker her Majesty commanded me to say That you have proceeded with such wisdom and discretion that it is much to your commendations and that none before you have deserved more And so he ended after an Admonition given to the Justices of Peace That they would not deserve the Epethites of prowling Justices Justices of Quarrels who counted Champerty good Chevesance sinning Justices who did suck and consume the Good of this Commonwealth and also against all those that did lie if not all the year yet at least three quarters of the year in the City of London After these Speeches ended They are dissolved her Majesty gave her Royal Assent to nineteen Publick Acts and ten Private Acts and then the Parliament was dissolved by the Lord Keeper of the great Seal of England A perfect Journal of every days Proceedings in the House of Commons at the Parliament beginning at Westminster the xxvijth day of October Anno 1601. and in the 43. Year of the Raign of Q Eliz. and ending the xixth day of December then next following Collected by Mr. Heyward Townshend one of the Members of the said House THe first day of the Parliament The Queen goes to the Parliament in an open Chariot with a Canopy of Silver about three of the Clock in the Afternoon the Queens Majesty went by Land to westminster-Abby riding in a Chariot made all open only like a Canopy over her head being of Cloth of Silver with all the Bishops and Lords in their Parliament Robes according to their Degrees being marshalled by the Heraulds Where was made unto her a Sermon after the hearing whereof she went to the Upper-house of Parliament where being sate a while and the Knights and Burgesses of the Lower-house being sent for the door kept so that they went not all in notwithstanding some were within by some special means before and heard the Lord-keepers Speech made unto them which is after in effect delivered by Mr. Secretary Cicil Some of the Commons discontented in the Lower-house So that after the Knights and Burgesses had staid a good while it was told them That the Lord-keepers Speech was done and thereupon every man went away discontented In the mean time whilst her Majesty was at Sermon the Lord-Admiral came into the Court of Requests Admiral and there began to call the Knights and Burgesses by the Poil and also to swear them at the same time But because that course seemed too tedious he staid whilst Sir William Knowls Controuler of the household Sir John Stanhopp Vice-Chamberlain Sir Robert Cicil Principal Secretary of State and John Herbert Esquire second Secretary came who were all coming up from the Upper house together and then only the Knights and Burgesses were called After that the Lord Admiral and Mr. Secretary Cicil went up to the Upper-house but Mr. Controuler Sir John Stanhopp and Mr. Secretary Herbert went to the space before the Parliament House door where they sware all the lower-Lower-house confusedly four at one time six at another eight at another taking their names that swore and who not and still as every man was Sworn he went into the house and to his place as best liked him VVhen all were Sworn and the Queen come to the Upper-House and the Lord-Keepers speech ended Then all the Privy Councel of the Lower-house came in thither and sate quiet a while and then putting their heads together Mr. Controuler stood up and spake to this effect That it was an Antient Custom in that House The Comptrouler speaks first that at those times some Man should break silence and I must confess at this time it belongs to my place It is needless to shew the use of this House because it s well known to all or most here All men knows that the speech of a multitude breedeth confusion and dissention It is therefore fit for us to chuse one to be our Speaker which for his experience may speak and for his sufficiency dare and can speak on all our Behalfs and Affairs Neither doth it stand with the Honor and Antient Usage of this House to speak but by one Neither is it answerable to the State of her Majesty to deliver unto her our mindes by the Tongues of a confused Multitude Then we are to fall into consideration what manner of person he shall be First A man Religious for Religion ought to be the foundation of our building and labour Then Honest Grave VVise Faithful and Secret These Vertues must concur in one Person able to supply this place Now having delivered unto you the necessity of a Speaker and his qualities I will deliver unto you my Opinion whom I think fit for the place referring it to your consideration and for my own part He Recommends the Recorder of London for their Speaker who seems to Admire at it not prejudicing the VVorth of any in this House I deem Mr. John Crook Recorder of London a most fit and worthy and able man for this Service At which words Mr. Crook put off his Hat with a kind of strange Admiration whose Sufficiency in all respcts and his Loyalty and Faithfulness to do our Common-wealth service is well known unto us and hath been often approved by his learned Speeches diverse times delivered before her Majesty I do not attribute so much to mine own Choice that I presume to assure you there is no Man here fitter for the same than he is but I only make bold to deliver my Opinion leaving the choise of him or any other to the free Election of every particular Member of this House And for the motion which hath been made touching the keeping out of the house during the time of the Lord Keepers Speech I do assure you it was not willingly done but through Ignorance of the Groom of the Chamber but if the House be desirous to hear the Effect thereof I will intreat some that were there at that time to satisfiy their desires The cause of which preclose was for that one Mr. Leigh during the time of the Commons swearing made a complaint to Mr. Controuler sitting in the House that they toook it in great disgrace that they were shut out After which
Speech the Council sate silent a while and afterward Mr. Controuler stood up again and asked the House of their consent The House Votes for him and opinions to his Motion Whereupon every man cryed I I I. Then Mr. Recorder stood up in his place and briefly shewed unto us his insufficiency and disability his willingness to serve but his weakness to perform his thankfulness for their desire but the smalness of his own desert The Recorder Excuses himself And so laying open his own Infirmities both for shortness of Memory and want of Wisdome and Experience for the undertaking of so great a burthen he humbly prayed that they would choose a man who for his Sufficiency were more able and for his Abilities were more sufficient to supply that place So sitting down and the House a little while quiet They Chuse him Mr. Controuler asked If they agreed as before and all Answered I I I. Then Mr. Controuler and Sir John Stanhop rose up and Sir John Stanhop on the right hand and Mr. Controuler on the left He is Lead to the Chair lead him to the Speakers Seat where standing without any sitting down as yet he pawsing a while spake again in effect as Followeth Your honourable Choice of me without any my desert Speaks to the House stops me from pleading either Insuficiency or Disability lest I should shew and make my weakness more apparent to disapprove the Sensure and good allowance of the Honourable Assembly of this House But however it hath pleased you to inable me in this sort This I dare and can assure you that you might have chosen many more worthy but none more ready to shew his utmost indeavor in this service Which Choice seeing it hath proceeded out of your Favour undeserved on my part I shall indeavor as God shall enable me to shew my self for this Assembly most careful and to every particular Member most respective and thankful VVhereupon he sate down and put on his Hat And after a little sitting and pawse Sir William Knowls Controuler rose up and said It was her Majesties pleasure that we should be ready to present our Speaker on Friday next at two of the Clock in the afternoon So for that day every man departed Fryday Octo. 30. About one of the Clock the Speaker Octob. 30. and all the House were ready in the Lower House sitting and talking privately and then Word was brought that her Majesty was come by Water to the Upper House so the Privy Council and the Speaker with the whole House went to the Upper House door and there staid a long half hour before such time as they were let in After being come in the Upper House was sate and the Queen under the State the Speaker standing at the Bar below made three Reverences which done he made a Speech to her Majesty to the effect following Most Sacred and mighty Soveraign The Speakers Speech to the Queen upon your Majesties Command 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 my self finding the weakness of my self and my abilities too weak to undergo so great a burden do most humbly beseech your most sacred Majesty to continue your most gracious favor toward 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 sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I besceech your most Excellent Majesty not to interpret my denyal herein to proceed from my 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 possessed me when heretofore with most gratious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that under God even through your Majesties great bounty and favour I am that I am And therefore none of your Majesties most dutiful Subjects more bound to be ready and being ready to perform the least of your Majesties Commands I do therefore most humbly beseech your Majesty that in regard the service of so great a Prince and flourishing Kingdom may the better and more successively be effected to command your dutiful and loving Commons the Knights Citizens and Burgessess of the Lower House to proceed to a new Election Then after he had made three Reverences the Queen called the Lord Keeper to whom she spake something in private And after that the Lord Keeper spake in effect as followeth Mr. Speaker The Lord Keeper Answers by the Queens Command Her Majesty with gratious Attention having heard your wise and grave Excuse for your discharge commanded me to say unto you That even your eloquent Speech in excuse of your self is a great Motive and a Reason very perswasive both to ratify and approve of the Choice of her loving Commons the Knights Citizens and Burgesses as also to commend their wise and discreet Choise of your self in her gratious Sensure both for Sufficiency well Able and for your fidelity and service well Approved of and therefore her Majesty taketh this Choice of yours for bonum omen a sign of good and happy Success when the beginning is taken in hand with so great Wisdom and Discretion Her Majesty therfore Commanded me to say unto you That she well liketh of your Election and therefore she Ratifieth it with her Royal Assent and Consent Then Mr. Speaker making three low Reverences Answered in this sort Most sacred and most puissant queen seeing it hath pleased your to command my service by consenting to the free Election of your dutiful and loyal Subjects the Knights The Speakers second Speech Citizens and Burgesses of the House of Commons of me to be their Speaker I most humbly beseech your Majesty to give me leave to shew unto you the dutiful thoughts and earnest affections of your loyal subjects to do your Majesty all service and to defend your Sacred and Royal Person both with their Lives Goods against c. And so made a vehement invective against the Tyranny of the King of Spain the Popes ambition and the Rebells in Ireland which he said were like a Snake cut in pieces which did crawl and creep to joyn themselves together again And lastly with prayers to continue the prosperous Estate and Peace of this Land which had been defended as he said by the mighty Arm of our Dread and Sacred Queen To which she answered openly her self No but by the mighty hand of God Mr. Speaker Then he proceeded to the last part to beseech her Majesty for freedom of Speech to every particular member For accesse to here Person
liberty of Priviledg to all the Members of this House and their Servant And lastly if any mistaking of any Message delivered unto him from the Commons should happen that her Majesty would be pleased to attribute that to his weakness in delivery or understanding and not to the House As also any forgetfulness through want of memory or that things were not so judicially handled or expressed by him as they were deliver'd by the House To which after the Queen had spoken to the Lord Keeper again the Lord Keeper spake in effect as followeth Mr. Speaker her Majesty doth greatly commend The Lord-Keeper replies by the Queens Order and like of your grave Speech well divided and well contrived the first proceeding from a sound Invention and the other from a setled Judgment and Experience You have well and well indeed weighed the state of this Kingdome well observ'd the greatness of our puissant and great Empire the King of Spain the continual and excessive charges of the Wars of Ireland which if they be well weighed do not only shew the prudence of our gratious Soveraign in defending of us but also the greatness of the charge continually bestowed by her Majesty even out of her own Revenues to protect us and the exposing of her Majesties self to continual troubles and toilesome Cares for the benefit and safety of her Subjects Wherefore Mr. Speaker it behoveth us to think and say as was deliver'd by a great man lately in a Concilio ad Clerum opus est subsidio ne fiai exitum or as I think excedium Touching your other Requests First For freedom of Speech her Majesty willingly Consenteth thereunto with this caution That the matter be not spent in Idle and Vain matters Painting out the same with Froth and Volubility of words And her Majesty Commandeth That you suffer not any Speeches made for Contention or Contradiction-sake maintained only by a Tempest of words whereby the Speakers may seem to get some reputed Credit by imboldning themselves to maintain Contradiction and on purpose to trouble the House with vain and long Orations to hinder the Proceedings in more weighty and greater Importance Touching Access to her Person she most willingly granteth the same desiring she may not be troubled unless urgent and matters of great Consequence compel you thereunto For this hath been held for a wise Maxime In troubling great Estates you must trouble seldome For Liberty unto your selves and servants her Majesty hath Commanded me to say unto you all That she ever intendeth to preserve the Liberty of the House and granteth Liberty to the meanest Follower of the meanest Member of this House But her Majesties Pleasure is you should not maintain and keep with you notorious Persons either for Life or Behaviour As desperate Debtors who never come abroad fearing her Laws but at these times Petty Foggers and Vipers of the Common Wealth prouling and common Solicitors that sets Dissention between man and man and men of the like Condition to these These her Majesty earnestly desireth a Law may be made against as also that no Member of this Parliament would entertain or bolster up any man on the like Humor or Quality on pain of her Highnesses Displeasure For the Excuse of the House and your self Her Majesty Commandeth me to say That your Sufficiency hath so often times been approved before her That She doubteth not of the Sufficient Discharge of the Place you shall serve in Wherein she willeth you to have a special Eye and Regard not to make new and idle Laws and trouble the House with them But rather to look to the Abridging and Repealing of diverse obsolete and superfluous Statutes As also First To take in hand Matters of greatest Moment and Consequence In doing thus Mr. Speaker you shall fulfil her Majesties Commandment do your Country good and satisfy Her Majesties Expectation Which being said the Speaker made three Reverences to the Queen Then the Lord Keeper said For certain great and weighty Causes Her Highness's Pleasure is the Parliament shall be Adjourned until Friday next Which Speech was taken to be an Adjournment of the Lower House but it was not so meant wherefore the Lower House sate the next day being Saturday morning So after some room made the Queen came through the Commons to go into the Painted-Chamber who graciously offering her Hand to the Speaker he kissed it but not one word she spake unto him neither as she went through the Commons few said God bless your Majesty as they were wont in all great Assemblies And the throng being great and little room to pass she moved her Hand to have more room whereupon one of the Gentlemen Ushers said openly Back Masters make room And one answered stoutly behind If you will Hang us we can make no more room which the Queen seemed not to hear though she heaved up her Head and looked that way towards him that spake After she went to White-Hall by Water Saturday Octob. 31. I was not there thinking the House had not sare till Thursday but I heard there was a motion made for the maintenance of the Priviledges of the House and to have a Committee for it which was appointed on Thursday at one of the Clock in the Afternoon And two Bills were Read one against Drunkenness another that no Bishop nor Arch-Bishop may make any Lease in Remainder or Reversion until within three Years before the expiration of the former Lease This Day the Prayer was brought into the House which was appointed every Morning to be Read during the sitting of this Parliament amongst other Prayers by a Minister appointed for that purpose The COPY of the PRAYER OH Eternal Almighty and ever Living GOD A Prayer to be used Every Morning in the House of Commons which hast made the Eye and therefore seest which hath framed the Heart and therefore understandest from whose only Throne all Wisdome cometh Look down upon us that call upon Thee bow down thine Ear and hear us open thine Eyes and behold us which in the Name of thy Son and our Saviour do lift up our Hearts unto Thee Forgive us O Lord forgive us all that we have done amiss in Thought Word or Deed. Forgive us our negligences forgive us our unthankfulness make us mindful of thy Benefits and thankful for all thy Mercies Thou that seest the Hearts and searchest the Reins and beholdest the utmost parts of the World try and examine our Hearts and guide us in thy ways knit our Hearts unto Thee that we may fear thy Name Let us ever fear this Glorious and Fearful Name The Lord our God Let all that despise Thee feel thy Judgments Let all Men know it is a fearful thing to fall into the Hands of the Living God Let thy Mercies always prevent us and compass us about In all our Ways Words and Works let us set Thee always before our Eyes Remove from us all vanity and hypocrisy Let thy Truth always
at this present by force of two Bulls of this Popes by which her Subjects are Absolved of their Obedience That you do only Remember you do it pro aris focis yea we do it for a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects She selleth her Land to Defend us she Supporteth all her Neighbor-Princes to gain their Amity and Establish our long Peace not these five or seven or ten Years but Forty-three Years for all our Prosperities I hope I shall not see her Funeral upon which may be Written Hic Solum restat victrix Orientis and I pray God I may not what we freely give unto Her she living bestows it to our Good dying doubtless will leave it for our Profit Thus have I out of my own Genius for my own part delivered unto you what I know And touching that I have spoken in performing your Commandment I will take no thank from you for my Pains For no man cares with less Affection to speak in this Assembly or desireth to gratify any particular Member of this House more than my self The Bill for Ale was denied to be Committed and not put to the question whether it should be Ingrossed Yea or No. But some Doubt made thereof but as it seemeth if the Committing be denyed it useth not to be Ingrossed because the House will not lightly pass it Sir George Moore moved that where the Lord Keepers Oration was that the greatest matters should be handled in the beginning of the Parliament that a Committee might be Chosen to Certifie the House what those matters were That Order might be taken accordingly which Committee was appointed to meet in the House on Saturday in the afternoon Mr. Secretary Cecil said openly Sir Rob. Wroth offers 100. l. per Annum towards the Wars that Sir Robert Wroth had offered One Hundred Pounds per Ann. towards the maintenance of the Wars On Wednesday Novemb. 4. A Bill was Read for Punishment of the Abusing and Profaning of the Sabbath-Day which after the second Reading was committed and the Committee appointed to meet at two of the Clock in the afternoon in the middle-Temple-Hall Mr. Serjant Harris moved the House That in respect great danger and inconvenience might grow by the want of any one particular Member of this House therefore he thought good to Certifie the want of a Knight for Rutlandshire for he said That Sir Andrew Noell being the Sheriff of the County had return'd himself jointly with Sir John Harrington to be Knights A Motion about a Void Election the Sheriff Returning himself which he took in Law to be a void Return because it is against the express Words of the Writ which are Ita quod neque tu neque aliquis alius Vicecomes alterius Comitatus eligatur c. Which he thought good to move the House in referring it to their Considerations and prayed that the Record may be sent for from the Clerk of the Crown For said he we know in Law that a Man cannot make an Indenture to himself No more can he here between Himself and the County for there are required Two Persons To which Sir Edward Hobby replyed That notwithstanding this Sir Edw. Hobby Replies quotes Precedents the House might well Receive him And he vouched a Precedent in the Twenty-Fifth or Twenty-First of this Queen when a Writ was directed to the Bayliffs of Southwark to return Burgesses and they returned Themselves and were Received But if we do not Receive him another Question will grow Whether a new Warrant must go from the Speaker to Elect a new Knight or from the Clerk of the Crown To which it was agreed per omnes It must go from the Speaker Then Mr. Wiseman of Lincolns-Inn stood up Mr. Wiseman Opposes him and shewed the Necessity of having all our Members because otherwise the Body is but maimed And also how dangerous a Precedent this would be if it might pass with the Applause of the House And lastly the Reason of putting in the afore-said special Words in the Writ because it must be necessarily intended that they being so great Officers having so great a Charge and their Presence in their Counties so requisite should not be returned Besides for that time they be the Chief Men of the Shire Free-Holders peradventure would rather Choose them than Men far more sufficient for that Place Mr. Cary moved Mr. Cary's Motion Whether it were with his Will he should be punished by Fine or otherwise Sir John Harrington said Sir John Harrington excuses the Sheriff Of his own Knowledge he knew him very unwilling But the Free-holders made Answer They would have none other Mr. Speaker said The Speaker is not of his Opinion It could not be intended to be against his Will because his Hand is to the Indenture But he moved Whether it should be intended that this Sir Andrew Noell were Una eadem Persona or no And though he were yet Whether they could take notice thereof and to be certifyed out of Chancery To which all the House said There was no other of the Name Then Mr. Comptroller stood up Mr. Comptroller puts a Question which the House determines and moved That in respect the Return was joynt and that they did disallow Sir Andrew Noell he desired to be resolved of the learned Masters of the Law of this House Whether all the Return was insufficient and so Sir John Harrington to be Excluded To which all the said House said No. Mr. Serjeant Harris said No because the said Warrant is Affirmative to choose any but the Sheriff who is excepted by special Words But the Return of the other is warranted but of him his Election is void Sir Edward Hobby answered Nay then Mr. Serjeant if you stand on that I think there are few Knights in this House lawfully Chosen For the Words of the Writ and of the Statute are That he must be Commorant within the County which but few are To which not one word was answered and so that Clause was shut up Mr. Speaker said A New Election voted Well I will put it to the Question which shall be two-fold One Whether a new Warrant shall be sent forth To which being twice moved all cryed I I I and not one Man said No. Sir Edward Hobby said And the Warrant to be Issued by the Speaker Mr. Speaker the Warrant must go from your self for in the 27. Reginae when Parry was chosen Burgess for Queenborough a new Election was made and the Warrant was sent from the Speaker The Act touching Bishops Leases was read A Bill touching Bishops Leases viz. That no Bishop or Arch-Bishop might make any Lease in Remainder till within Three Years of the expiring of the former Lease To which only Mr. Boyes stood up Mr. Boyes opposes it and gives his Reasons and said That this Act would be prejudicial
next Justice as a Felon On Thursday November 5. An Act touching certain Assurances used amongst Merchants was Read and rejected An Act touching Reformation of Abuses in Ale-houses Bill against Abuses in Tippling-Houses and Tipling-houses which Act after the former was Rejected was Read The Effect whereof is that for the sale of every pot of Bear being not of the Assise of a full Ale-quart the Seller shall Forfeit Three Shillings four Pence Note that no Suitor is Named in this Bill the same to endure till the end of the next Parliament Read twice this Day The Bill for Observing the Sabbath-day Read twice and Ordred to be Ingrossed Nota That by the Order of this House when a Bill is returned from Commitment the Words must be twice Read which are Amended before the Ingrossing thereof An Act against false Returns and Not Returns by Sheriffs and Bayliffs twice Read and Ordered to be Ingrossed Mr. Bacon Moves to prefer a New Bill Mr. Bacon stood up to Prefer a new Bill and said Mr. Speaker I am not of their minds that bring their Bills into this House Obscurely by delivery only to your Self or the Clerk delighting to have the Bill to be incerto Authore as though they were either Ashamed of their own Work or Afraid to Father their own Children But I Mr. Speaker have a Bill here which I know I shall be no sooner ready to Offer but you will be as ready to receive and approve I liken this Bill to that Sentence of the Poet ãâ¦ã who set this as a Paradox in the Forefront of his Book First Water then Gold Preferring Necessity before Pleasure And I am of the same Opinion that things necessary for Use are better than those things glorious in Estimation This Mr. Speaker is no Bill of State nor of Novelty like a stately Gallery for Pleasure but neither to Dine in or Sleep in but this Bill is a Bill of Repose of Quiet of Profit and of true and just Dealing the Title whereof is An Act for the better Suppressing of Abuses in Weights and Measures We have turned out divers Bills without Disputation and for a House of Gravity and Wisdome as this is to bandy Bills like Balls and to be silent as if no body were of Councel with the Common wealth is unfitting in my Understanding for the State thereof I 'le tell you Mr. Speaker I 'le speak out of my own Experience that I have learn'd and observ'd having had Causes of this Nature referred to my Report That this fault of using false Weights and Measures is grown so intolerable and common that if you would Build Churches you shall not need for Battlements and Bells other things than false Weights of Lead and Brass And because I would observe the Advice that was given in the beginning of this Parliament That we should make no new Laws I have made this Bill onely a Confirmation of the Statute of 11 Hen. 7. with a few Additions to which I will speak at the passing of the Bill and shew the Reason of every particular Clause the Whole being but the revival of a former Statute for I count it far better to Scour a Stream than to Turn a Stream And the First Clause is that it Extends to the Principality of Wales to constrain them to have the like Weights with us in England Sir Robert Wroth made a motion for a Commitment to amend the Statute for the Relief of the Poor and Building of Houses of Correction made the last Parliament 39 Reginae And also for the continuance of certain Statutes which was referred to Commitment on Tuesday next in the Exchequer-Chamber By Order of the House Nota. it was agreed upon That a Committee once made and agreed upon there shall not hereafter be more Committees joined unto them for the same Bill but for any other there may Sir Robert Cecil mov'd the House Secretary Cecil makes a Motion To have their Opinions in that there wanted a Chief Member viz. a Knight of Denby-shire And he said I am to Certifie the House thus much in respect of some Disorder Committed there touching the Election by Sir Rich. Trevor and Sir John Flood to which Sir John Salisbury is a Party the Sheriff could not proceed in Election For my own part I think it fit Mr. Speaker should attend my Lord-Keeper therein quod not attend if it please you you shall hear the Letter Which was Read the Contents whereof were He Reads a Letter about a Disturbance at the Election of Knights for the Shire THat on the Twenty-first of October he kept at _____ the County-day and there being quietly Chooseing the Knight for the Shire a Cry came suddenly that Sir Richard Trevor and Sir John Flood on the one Party and Sir John Salisbury on the other were together sighting and all their Companies ready to do the like whereupon presently I went to the Church-yard where they were and there I found both Parties with their Swords drawn ready but with much ado pacifi'd them both And fearing lest by drawing such a Multitude together there might great Danger and Bloodshed happen I made Proclamation That every Man should depart by means whereof I did not Execute her Majesties Writ as I thought to have done rather choosing to adventure your Honour's Censure herein than to hazard so great Bloodshed Under Subscribed Your Honour 's most humble at Commandement Owen Vaughan Also Mr. Secretary said There was a Schedule annexed to the Letter which had some other Matters of Importance not fit to be read yet if it did please the House to command it they should Whereupon all cryed No. Sir Edward Hobby answer'd Sir Edw. Hobby takes Exceptions at his Expressions Methinks under Favor the Motion Mr. Secretary made was good but the Form therein I speak with all Reverence not fitting the State of this House For he said Mr. Speaker should Attend my Lord-Keeper Attend It is well known that the Speaker of this House is the Mouth of the whole Realm And that the whole State of the Commonalty of a Kingdom should Attend any Person I see no reason I refer it to the Consideration of the House Only this Position I hold That our Speaker is to be Commanded by none neither to attend any but the Queen only Mr. Johnson said The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certifie the Lord-Keeper and so make a New Warrant Sir Edward Stanhop said That for Election of Burgesses he had seen half a score Warrants Yesterday with Sir John Puckering's Hand to them when he was Speaker Mr. Speaker said That I may inform you of the Order of the House The Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord-Keeper and then to make a New Writ Mr. Secretary Cecil said I should be very sorry to detract from any particular Member of
Sunday in Fair or open Market that this should be Void and she and the Goods forfeited to the Queens Use for that is a Contract At which all the House Laughed Mr. Bacon said Bacons Speech for Repealing superfluous Laws May it please you Mr. Speaker not out of Ostentation to this House but in Reverence I do speak it That I do much wonder to see the House so continually divided and to agree upon nothing to see many Laws here so well framed and Offences provided against and yet to have no better Success and Entertainment I do think every man in his particular bound to help the Common-wealth the best he may and better it is to venture a mans Credit by Speaking than to stretch a mans Conscience by Silence and to endeavor to make that good in Nature which is possible in Effect Laws be like Pills all gilt over which if they be easily and well swallowed down are neither bitter in digestion nor hurtful in the body every man knows that Time is the true Controuler of Laws and therefore there having been a great alteration of Time since the Repeal of a number of Laws I know and do assure my self there are many more than I know Laws both needless and dangerous I could therefore wish that as usually every Parliament there is a Committee selected for the Continuance of divers Statutes so the House would be pleased also that there might be a Committee for the Repeal of divers Statutes and of diverse superfluous Branches of Statutes And that every particular Member of the House would give Information to the Committees what Statutes he thinketh fitting to be Repealed or what Branch to be Superfluous lest as he said pluat super nos laqueas The more Laws we make the more Snares we lay to entrap our selves Upon which Motion a Committee was granted to meet on Friday On Saturday November 7. An Act That the Marquesse of Winchester may dispose of his Lands whereof he is Tenant in Tayle as other Tenants in Tayle may do by the Laws and Statutes of this Realm was read the first time and the Pedigree hereafter set down was then produced to the House Robert Willoughby Lord Brook 1. Dorothy 2. Wife Edward Willoughby Blaunch the First Daughter Marryed to Francis Dawtery Elizabeth the 2 d. Daughter Marryed Sir Fulke Grevill and had Issue Fulke Grevill Esquire Anne 1. Daughter Charles Lord Montjoy James Lord Montjoy Charles Ld. Montjoy Elizabeth 2. Daughter 1. Sir John Pawlet Lord Marquess of Winchester William Lord Marquess of Winchester William now L Marquess 1. The Lady Denny had Issue two Daughters 2. The Lady Katharine 2 d. Daughter had Issue 4 Sons 2 Daughters 3. The Lady Elizabeth was Marryed to Sir William Courtney Sir William Courtney had Issue 3 Sons and 6 Daughters Mary Marryed to the Ld. Cromwel had Issue 2 Sons 1 Daughter ore Sn'r and had Issue 2 Sons 1 Daughter had Issue 1 Son George Cromwel 1 Daughter and had Issue 7 Children There was this day a Page brought to the Bar A Page is brought before the House for that Yester-day Sir Francis Hastings had caused him to be Committed For that as he went down the stairs the Page offer'd to throng him Whereupon he held him till the Speaker came out of the House who did commit him to the Serjeant's Custody till this day to know the Pleasure of the House what they would do therein But this day upon Sir Francis Hasting's intreaty speaking very earnestly for him and of his innocency and unwillingness to do that Fact as also upon the Pages Submission upon his Knees at the Bar he was discharged It was moved That because his Hair was very Long he might be carried to a Barber and close cut before his Discharge But that was thought very unfit for the Gravity of the House to take notice of so light a fault so after a sharp and threatning Admonition given him by the Speaker he was Discharged Sir Edward Hobby moved the House That for as much as the antient Custom of the Parliament had been that not only themselves but their Servants should be free from all Arrests yet notwithstanding a servant of Mr. William Cook a member of this House was Arrested by one Baker a Serjeant at the suit of another upon a Bond in which indeed he is but Surety as may appear unto you by this Letter so the Letter was Read the Contents whereof was as aforesaid with this Clause in the end From the most Loathsome and the unfortunate Hole in the Prison of Newgate I humbly c. Upon which Motion as also upon Declaration of a Precedent in the 35 of Henry the Eighth That the Sheriffs of London were Committed to the Tower for Arresting George Ferrars a Member of this House It was generally agreed That the Serjeant of this House should be presently sent with his Mace for the said Prisoner his Keeper and also should command the said Baker the Serjeant and the procurater of the Arrest to attend the Court on Monday morning so after the Serjeant had been away about an hour and an half he brought the Prisoner and his Keeper to the Bar who Affirmed the whole matter as aforesaid And the Keeper was Commanded to deliver his Prisoner to the Serjeant which he did by taking him by the Hand and so delivered his Prisoner to the Serjeant And the House commanded the Keeper to take no Fees and so the Prisoner was quite discharged But Sir Robert Wroth moved to know Whether Mr. Cook would Affirm that man to be his Servant who stood up and said He was one of his most necessary Servants for in truth quoth he he is my Taylor And thereupon the Serjeant was sent for him as aforesaid An Act for the better Setling of Watches was Read and committed and the Committees to meet at the midle Temple-Hall on Thursday in the afternoon Mr. Henshaw moved the House That the immediate Land-Lord of every such Night-Walker should be bound for the good Behaviour of him to the Queens Use which the House would by no means hear of An Act to avoid and prevent divers Lewd Misdemeanors in base and idle Persons was Read and Committed to the Committees in the Bill for Night-walkers to meet on Thursday after-noon in the midle Temple-hall An Act against Drunkards A Bill against going to an Ale-house if within Two Miles of ones own House and haunters of Ale-houses the Effect whereof is That if any man do go to an Ale-house within two miles of his own House he shall Forfeit so much as he is in the Subsidy Mr. Glascock spake to this Bill and Informed the House That it was a common and usual thing in Lancashire and those Parts for Gentlemen as they go a Hawking to go and take a Repast at an Ale-House Mr. Glascock Opposes it Yea men sometimes of 500. Marks a Year But Mr. Speaker I hope these
to meet on Tuesday in the Afternoon in the Exchequer-Chamber A Bill against Transportation of Monies was brought in On which Mr. Davis made a long Speech The Effect whereof was A Bill against Transporting of Coyn. That by Transportation of Money the Realm is Impoverished for that Twenty Shillings English is Twenty Three Shillings Flemish and as much good Silver in the first as the last And so he said They gained Three Pence in every Pound and the like he said was in Commodities Mr. Secretary Cecil spake Secretary Cecil touching the Subsidy touching the Subsidy as Followeth VVhen it was the good Pleasure of the House to give Order to the Committees to consider the common danger of the Realm in which not only every Member of this House but every Man in the Kingdom is Interessed It liked the Committees after their resolution to choose one amongst all to give an Account of their Proceedings and that is my self I do know it were the safest way for a mans memory to deliver the last Resolution Reports to the whole House what was Cone at the Committee without any precedent Argument for rare is the Assembly in which there is not some variety of Opinions I need not recite the Form of the Committee by reason of so good Attendance being little inferior to our Assembly at this present yet if it be true that Forma doth dare essentiam it will be somewhat necessary for me to deliver the manner of our Proceeding and the Circumstance rather than hazard the Interpretation of such a Resolution The Day was Saturday last the Place this House the Time about four houres And I am of Opinion That if we had all agreed upon the manner as we did speedily upon the matter all had been dispatched in an hour It seemed by the ready Consent of the Committee That they came not one to look on another like Sheep one to accompany another but the Matter was Debated by some and at last Consented unto by all Our Contention bred Difference our Difference cause of Argument both how to ease the State and make this Subsidy less burthensome which shall be recited Some were of Opinion that the Three Pound Men should be spared because it was to be consider'd they had but small portions and they did give almost Secundum sanguinem Others were of Opinion that the Four Pound men should give double and the rest upward should be higher Cessed Others vvere of other Opinions Again it was moved Whether this Subsidy should go in the name of a Benevolence or Contribution Or whether in the Name of a Fourth Subsidy but vvas said to be subject to great Mistaking because it vvould be said to be a great Innovation But at last most Voices Resolved It should have the old Name of a Subsidy because Subsidium and Auxilium are all one The most Voices Concluded There should be no Exception of the Three Pound men because according to their Rate some vvere Assessed under value besides separation might breed Emulation Suspition of Partiality and Confusion The Time vvas Resolved upon and that in respect of Expedition to be by the First of February and the vvhole Realm when each man comes into his Country will be better satisfied when they shall know vve have spared no man nor made no Distinction It vvas said by a Member of this House Sir Francis Hastings That he knew some poor People Pawn their Pots and Pans to pay the Subsidy It may be you dwell vvhere you see and hear I dwell where I hear and believe And this I know That neither Pots nor Pans nor Dish nor Spoon should be spared when Danger is at our Elbowes But he that spake this in my Conscience spake not to hinder the Subsidy or the greatness of our Guift but to shew the Poverty of some Assessed and by sparing others But by no means I would have the Three Pound men Exempted because I would have the King of Spain know how willing we are to sell all in Defence of Gods Religion our Prince and Country I have read when Hannibal resolved to sack Rome he dwelt in the Cities Adjoyning and never feared or doubted of his Enterprize until word was brought him That the Maidens Ladies and VVidows of Rome sold their Ear-rings Jewels and all their Necessaries to maintain War against him I do take my self in Duty bound to acquaint this House with the Modesty of the Committee at the Proposition That when first this House never stuck to Commit they never stuck in understanding the Reasons to grant it And I do perswade my self that the Bonus Genius of this House did not wish a more Resolved Unity than we had Unity in Resolution And of this Great Committee it may be said De Majoribus Principes Consultant De minoribus omnes Thus by your Commandments I have undergone this Charge and will be ready to do the like Duty whensoever you shall command me Then after Consultation of the great Occasions The Subsidy put to the Question and voted without any Opposition it was put to the Question Whether the double Tenths and Fifteens should be Paid by the First of February and the Subsidy by the last of February viz. for this Fourth Subsidy before the Third began And that the First Payment of the First Three Subsidies should be brought in by the Tenth of June viz. half a Subsidy And all said Yea and not one No. Then was a Motion made by Sir Robert Wroth Sir Robert Wroth's Proposition rejected That this new Subsidy might be drawn in a Bill by it self to which should be Annexed A preamble of the great Necessity the willingness of the Subject and that it might be no Precedent But that could not be yeilded unto Then Mr. Speaker asked the House If they would appoint Committees to draw the Bill So they appointed the Queens Council and all the Serjeants at Law of the House and no more Mr. Francis Moore Moved Mr. Francis Moores Motion That that which was done might be compleatly done and the Subsidy gathered by Commission and not by the old Roll for Peradventure some were dead others fallen to Poverty others Richer and so ought to be enhaunced c. And withal he said The granting of the Subsidy seemed to be the Alpha and Omega of this Parliament Mr. Wingfeild Moved the House That seeing the Subsidy was granted and they yet had done nothing It would please her Majesty not to Dissolve the Parliament until some Acts were passed Mr. Wingfeild's Motion Mr. Serjeant Harris said Serjeant Harris That he that spake Intempestivè spake Injocundè And the Motion of the Gentleman that last spake is not now to be Discussed We are to speak touching the Subsidy Mr. Francis Bacon after the Repetition of the Sum of what was done Yesterday Mr. Bacon That the Three Pound men might not be excluded he concludes it was Dulcis tractus pari Jugo And therefore
Part of the Artificial Body but of Us the General Body when he hath his Free Voice as though he had never spoken before Then the Speaker stood up and said I will propound two Questions The First If when a man hath spoken against the Body of a Bill Speaker puts two Questions about the former Controversy he may be a Committee The Second If any Committee speak against a Bill at the Commitment yet whether he may speak again and have his free Voice Now quoth he I will propound the first Question All that will have a man that hath been against the Body of the Bill to be a Committee let them shew their Opinions by saying Yea. And not one said Yea. All that will not say No. And all said No. So he did for the second Question And not one said No but all Yea. Then he put it to the Question Whether they of London notwithstanding this Order in respect this Commitment so greatly concerned the State should be Committees And the Yeas were greater than the Noes Then he put it to the Question Whether the Two aforesaid Rules should be Entred for Orders of Record And all said Yea. On Thursday Novemb. 12. A Bill was Read for Confirming of Letters Patents made by King Edward Six to Sir Edward Seymor Knight A Bill for the Explanation of the Statutes made 3 4 5 Edv. 6. against Buyers of Butter and Cheese to sell again and against Ingrossers and Forestallers A Bill against the unlawful Hunting and Stealing of Deer in the Night-time was Read the first time A Bill for the Redressing of certain inconveniencies in a Stat. 21 Hen. 8. Cap. 13. Intituled An Act against Plurality of Benefices for taking of Farmes by Spiritual men and for Residence This Bill was drawn by Robert Eyre of Lincolns-Inn That the Proviso of that Statute might be Repealed A Bill for avoiding Frivolous Sutes in Court at Westminster To which Bill one Lashbrook an Attorney spake and shewed the Inconvenience of Scriveners being Atturnies and practising in their Names The Bill against Fraudulent Administration of Intestates Goods after Ingrosment Read and passed The Bill of VVrits of Error also Read after Ingrosment Passed VVhilst there were divers Disputes of this Bill Mr. Fleming the Queen's Solicitor took the Bill to look a word in it after he had done and laid it on the Board One Mr. Brown Clerk A Rule in the House about Bills Comptroller to the Queens Houshold stood up and said Mr. Speaker You should after a Bill is ingrossed hold it in your Hand and let no Man look into it which was confessed by all And so the Speaker took it The House was moved to send these two Bills to the Lords and they Chose Mr. Comptroller and he accompanied with divers others went with them and returned within half an hour The Bill for the Denization of certain Persons viz. Will. Millet Ann Pope George Chandlor Peter Eaton Nicholas Eaton Nicholas Taylor and others Denization of certain Persons was Read the second time and put to the Question to be Ingrossed And all said Yea and there was not one No and never Committed The Bill for Erecting of a Haven or Key on the North-part of Devon on the River of Severn The Officer that Arrested Mr. Cook 's man was brought to the Bar and upon his Submission after a sharp Exhortation was dismissed paying the Serjeant's Fees A Bill for Confirmation of Grants made to the Queens Majesty and of Letters Patents made by Her Majesty to others Read Secunda Vice and then it was Committed On Friday Novemb. 13. The Bill against the Covetousness of Butchers for Buying and Ingrossing of Lambskins out of Markets and Fairs And a Bill against Pedlars Petty-Chapmen and Hawkers A Bill against Hawkers c. And a Bill for Cloath-workers And a Bill against wilfull Absence from Church on Sundays which Bill Sir Rob. Wroth preferred The Effect whereof is for the better gathering of One Shilling for every Absence which is given by the Stat. of 1 Reginae and the Statute is limited to indure the Queens Reign which was greatly whispered at and Observed in the House The Bill for matters concerning Assurance used amongst Merchants being moved for a Commitment and put to the Question there was not one No. Sir Hugh Beeston stood up in the lower end of the House and said Sir Hugh Beeston We that be here cannot hear you that are above I would it would please them that speak there to speak Louder Also I am to Certify that I am here for a Town but not in mine own Countrey Denbyshire or for any part thereof but if I should not speak something in behalf of my Country I dare not go thither again Therefore I heartily beseech you A Motion about a new Writ Mr. Speaker that the House may be Resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they can not but find themselves greatly grieved for want of the Election but what is done I know not Mr. Secretary Cecil said Secretary Cecil reports Because I am the Reporter of the Election as also of the Proceeding I will now also Certify you that there was Order taken for the sending out of a new Warrant for the Election but what is done therein I also know not Mr. Speaker said Mr. Speaker gives Account of it I gave Warrant to the Clerk of the Crown according to the Antient Form to send forth a new Writ who answered me That the Lord Keeper desired to have the Warrant directed to him to have a new Writ and for his Warrant for Sealing thereof So that nothing is done therein in until the Pleasure of the House be known Sir Edward Hobby said There is no Court that doth not observe its Rights and follow its Privileges Sir Edward Hobby Speaks to it Much more this High Court of Parliament being the Greatest and Commander of all other Courts doth and ought to Observe the same most strictly And all the Precedents that I have seen touching this Point have ever gon to the Clerk of the Crown and no other And therefore I take it that that Course ought inviolably to be Observed Sir George Moore said Sir George Moore c. I agree with the Gentleman that last spake That Precedents ought to be Observed yet to be altered upon urgent Occasions or by necessity of time Knowing this I take it as my duty to Inform you if any alteration hath been it proceeded from imperfection of the Speaker It was well Observed by an ancient Member of this House who is now with God that no Conference with the Lords touching a Subsidy should be had yet that Rule hath been altered in late Parliaments by reason of special Causes So I do think it would be more Honour to this House to direct a Warrant to the Lord-Keeper than to an Inferiour Minister
of the Chancery Sir Francis Hastings said Sir Francis Hastings By the Leave of your Honourable Favours I will shew you that I my self was yesterday with the Lord Keeper and how honourably I heard him speak of this House That he desireth no more than to shew the Love and Duty he beareth to this House as also that himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his Discharge be it in what Terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather choose him than any other Minister Thus much I thought fit to certify this House of which being spoken in private unto me I now deliver in publick unto you For my own Advice I think nothing can be more Honourable to this House than to have a person of so great Estate to whom we may direct our Warrant as our Minister Mr. Francis Bacon said Mr. Bacon It is far more Honourable for this House in my Opinion when our Warrant shall move the Principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the Petty-Bag It will be said our Warrant emanuit improvide when we shall direct our Warrant to these base Officers when we may move the great Seal of England by it even as soon as either Petty-Bag or Petty Officer Mr. Speaker said Mr. Speaker I was ever Zealous and Jealous of the Privileges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgesse I found a Resolution and judgment Agreed and Resolved That during the time of the Sitting of this House the Speaker for any new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly Mr. Secretary Cecil said ãâ¦ã I shall move unto you a Conclusion which will end this Controversy and in the mean time be a Saving unto all persons I mean not to second my former Errour for which I was excepted to That is that Mr. Speaker or any Member of this House should attend my Lord Keeper but that four of this House might be Assigned to go unto my Lord Keeper to know the cause of the Stay as also his Lordship's request unto this House And that other six may be Assigned to call before them the Clerk of the Crown the Clerk of the Petty-bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Privileges in former times have daunced a Pavan too and Pro and according to the time have been altered This to be done this afternoon and to certify the House to morrow And then We to make a Determinate Resolution To which all said It was a good Motion Mr. Holteroft a Knight for Cheshire said May it please you Mr. Speaker the County-day for Denbyshire is on Thursday next and therefore there had need be speed made or else there can be no Election this Parliament Mr. Speaker said Will 't please you to name the six Committees So the House Named Sir Edward Hobby Serjeant Harris Sir Francis Hastings and three others Mr. Speaker also said Will 't please you to Nominate the four to go to the Lord Keeper So the House ãâã Mr. Seceretary Hubbart Sir Edward Stafford Sir Edward Stanhop and Mr. Fulk Grevil On Saturday Novemb. 14. The Bill for the Confirmation of the Sale of Lands made by Leaes Lord Mordant Deceased The Bill for Amending the Statute made 8 Reginae concerning the making of Hats A Bill to enable Sir Edward Markham Knight to sell Lands was Read and committed The Committee to meet on Friday in the afternoon in the Court of Wards The Bill for the Repealing of certain Statutes for the Reforming of certain Abuses in Cloathing in the County of Somerset Mr. Johnson said Mr. Johnson informed that he is Subââ¦d Mr. Speaker I being a Member of this House I thought it my Duty to Inform you That my self and divers others are served with Subpanas I do not this either that I am loath to answer or desire to delay Justice but to Inform the House thereof by Peradventure it might be a Precedent or some prejudice to the Priviledge of this House Here is one which is now delivered into my Hand The House Cryed Read it So the Clerk Read it Edvardo Mountague Jacobo Harrington c. indorsatur Stephanus Riddlesden sequitur hoc Another was read Michaëli Hicks Thomae Lowe in Cancellaria Another Henrico Jackman Jeronimo Horsey in Scaccaria ad sectam Thomae Cornwallis Armigeri per Billam Anglicanam Another Michaëli Same 's Riccardo Same 's in Banco Reginae ad Testificandum inter Reginam Johannem Stray After the Reading of which he certified the House thus much That the Informer came to his Lodging this Morning as he was coming out of the Doors and asked for him he told him He was the Man Then quoth the Informer the Queen Greets you well What 's this quoth I A Subpoena quoth the Informer and I charge you to appear upon it according to the Contents Then I told him I was of this House and could not Attend He answered me again There it is I care not look you to it at your Peril Mr. David Waterhouse stood up and shewed David Waterhouse shews Reasons for the Allowing it That the Subpoena came out of his Office and further shewed The Necessity of Obeying it For that a Cause for want of a Witness might be lost And therefore if the Hearing be appointed at a Day certain the Client might peradventure be undone if he should not have this Subpoena ad Testificandum in due time both served and appeared unto Sir Edward Hobby alledged divers Precedents in this Point Sir Edward Hobby shews Precedents against it as the 10th of February 27 Reginae Mr. Kerle served one Roger Stepney with a Subpoena into the Star-Chamber for which he was adjudged to the Serjeant at Arms Keeping for Six Dayes and to pay Five Marks Charges And the 25th of March 27 Reginae Mr. Crook served a Member of this House with a Subpoena into the Chancery and for so doing was adjudged to give a Copy of the Bill and Twenty Shillings for Charges and was committed to the Serjeant's Keeping Mr. Wiseman said Seconded by Mr. Wiseman against it That notwithstanding the Allegation and Excuse of the Gentleman that spake in Favour of the Subpoena ad Testificandum I think it deserveth no more Favour than the other For if the Necessity of the Cause were such that he must needs be served and spared out of this House the Party ought to ask Leave of the House or at least of
put in Execution our Commandments and also increase the Majesly and Henour of this House Which he most heartily wished might ever continue And for my part I can assure you we cannot wish him to be more Honourable or more Agreeable to this House than we found him Mr. Doyley of Lincolns-Inn Mr. Doyley said Mr. Speaker As I take it there is a Precedent this Parliament which will decide this Question For there is an Honourable Person in this House being Chosen with my self Burgess for Wallingford and also Knight of the Shire chose to be Knight And a Warrant went from You Mr. Speaker directed to the Clerk of the Crown for Election of a New Burgess who is Chosen and Sworn and is now a Member of this House Mr. Thomas Fortescue by Name Mr. Fleming Mr. Fleming the Queen's Sollicitor said The Clerk of the Crown is our Immediate Officer He is to be Attendant between the Two Doors of the Upper-house and the Lower-house When any Warrant-General is required he is to Subscribe it to Certifie it c. He is to convey our Minds and Messages to the Upper-house yea this Warrant is to be directed unto him Then all the House cryed The House calls to put it to the Question to have it put to the Question Then the Speaker stood up The Speaker divides into Three Questions or Parts and said The Question must stand on Three Parts First If the Warrant shall be directed to the Clerk of the Crown Secondly If to the Lord-Keeper Thirdly If without any Direction The House The House Murmurs after this Speech was in a great Murmur and very Loud Then stood up one and said Mr. Speaker Let the First Question stand and then all will be at an end Then said the Speaker Shall the First Question stand And all said Yea. Then he said All that will have the Warrant directed to the Clerk of the Crown say Yea And all that will not cry No. And the Yeas got it a little Then he asked The Question determined If they would have this Order entered of Record And all cryed Yea Yea. Sunday Novemb. 15. On Monday Novemb. 16. A Bill for the Enabling of Edward Moluneux Esquire to sell Lands for Payment of his Debts A Bill for the Strengthening of Her Majesty's Forces in the North-Parts of the Realm and especially for the County of Cumberland A Bill for the Confirmation of the Charters of King Edward the Sixth made for the Hospitals of St. Bartholomew's Bridewel and St. Thomas in London A Bill for the Putting-down and Abolishing of certain Idle Courts kept every Three Weeks by Arch-Deacons and their Officials and Commissaries and Registers Mr. Henry Doyley of Lincolns-Inn made a Motion and said Mr. Speaker I think my self bound in Conscience Mr. Doyley complains of a Libel called The Assembly of Fools to certifie you of an Infamous Libel that is Printed and Spread abroad since the Beginning of this Parliament Saving your Presence Mr. Speaker It is called The Assembly of Fools I desire the Printer that Printed it may be sent for He dwells right over Guild-Hall-Gate The House wondred much at this Motion and great Murmuring there was At last the Speaker asked him Where the Book was and Where he saw it He answer'd In the Hands of one Mr. Henry Davies his Clerk of Lincolns-Inn but the Clerk's Name he knew not The Serjeant upon Consultation was sent for Mr. Davies and his Man into the Hall After a while they came up and notice being given thereof the Man was only sent for into the House who being asked by the Speaker What was his Name He said It was John Baker Being asked Of whom he had the aforesaid Book He said Of Jeremy Gouge of Cliffords-Inn Being asked How long he had had it He answered Three or Four Dayes Being asked If he knew it to be a Libellous or Seditious Book He answered That he never knew any such Matter in it Being asked Where the Book was He answered At his Master's-Chamber Then the Serjeant was commanded to take him forth and to command one of his Men to go with him to Lincolns-Inn to fetch the Book Then the Speaker asked If they would have his Master in But Mr. Doyley stood up and said Mr. Davies was a very honest Gentleman and shewed him the Book first and wished him to complain to this House thereof and he found great Fault with it Therefore he wished that Mr. Davies might be staid until the Book was brought and then if they pleased to send for him into the House they might And so he was staid In the mean time Mr. Davy's Man went to his Chamber for the Book which after it was brought The Libel scanned and found to be an old foolish Toy called Jack of Dover for which the Informer was Laugh'd at and well scanned by the Privy-Councel it was found to be a meer Toy and an Old Book Entituled The Second Part of Jack of Dover A Thing both Stale and Foolish For which Mr. Doyley was well Laughed at and thereby his Credit much impeached in the Opinion of the House Whereupon Mr. Speaker asked If they would have Mr. Davies and his Man called in And all cryed No No. Then If they should be Discharged And all cryed Yea Yea. A Bill for Reformation of Abuses in Buying and Selling of Spices and other Merchandize A Bill for Redress of certain Inconveniencies An Act against Pluralities of Benesices in the Statute of 21 Hen. 8. Cap. 13. Entituled An Act against Pluralities of Benesices for taking of Farms by Spiritual Men and for Residence was Read Secunda Vice Dr. Dunn spake against this Bill Dr. Dunn opposâ it and said That it was no Reason that Men of Unequal Desert should be Equally Benesiced or Equallized with the Best Dr. Crompton Dr. Crompton seconds him amongst many other Speeches wished That Plurality of Offices might be taken from the Layity and then Pluralities of Benefices from the Clergy Also in former Ages he said Impropriations were given to the Spiritualty and then no Pluralities allowed As also Spiritual Men bound by Ecclesiastical Canons and their own Vow from Marriage so that they might Live with far less Charge than now they do But having taken from them Impropriations they cannot keep that Hospitality that is required And next Marriage being Tolerated amongst them they Lived at greater Charge both of Wife and Children One Benefice of small Cure sufficeth not Sir George Moore said Sir George Moore for the Bill He thought the Bill most fit to be Committed it being in the General Scope a Good Law and tending to a Good and Religious End But such is the Iniquity of this Age that for want of a Good Law of this Nature many Souls do not only Languish but Perish Everlastingly for want of Spiritual Food I think therfore though there be some Imperfections in the Bill yet the Body and
Parts of it may be Amended to every ones Satisfaction Mr. Lock said Mr. Lock seconds him Mr. Speaker I think bare Silence is not an Exoneration of a Man's Conscience The Similitude of Offices and Benefices made by the Doctor doth not hold under Favour For Non est incipiendum cum Laicis sed incipiendum a domo Dei Therefore if They begin first We shall follow in avoiding of Pluralities Dr. James said Dr. James against it That it had been said That Pluralities were the Cause of bringing in Corruption into the Church But for that under Favour said he I think the contrary because Corruption is commonly where Poverty is But if Competent Living be given to the Minister I see no Reason why Just Men should judge that to be Corruption Secondly It was said That it would be a Means that Preaching would be more frequent For that I answer That if Hope of Competent Living be taken away it will be a means to make the best Wits resuse the Study of Divinity And therefore an Historian said well Sublatis pramiis corruunt Artes. Consider besides That in England there are not above Eight Thousand Eight Hundred and odd Parish-Churches Six Hundred of which do but afford Competent Living for a Minister What then shall become of the Multitude of our Learned Men They have no other Preferments unless it be to get some Deanary Prebendary or such like which is no easie matter to do they being so few especially in this catching Age. To give the best Scholar but as great a Proportion as the Meanest Artizan or to give all alike there is no Equality For Inaequalibus aequalia dare absurdum And this will breed Poverty in the greatest Learned which is the Mother of Contempt A Thing both Dangerous and Odious unto Divinity This must needs make Preachers preach placentia which is a Thing abhorred even of God Himself A Preacher which is no Ordinary Person ought to have an Extraordinary Reward For the Canon saith He must be Ad minimum Artium Magister aut Publicus aut idoneus verbi Divini Concionator Mr. David Walterhouse said Mr. Speaker Because Mr. Walterhouse for the Bill my self am an Officer I mean only to speak to the Doctor 's Similitude of Pluralities of Offices By the Common-Law an Officer shall forfeit his Office for Non-Attendance So for a Benefice the Incumbent shall also forfeit But after the Statute came which made this Toleration upon Eighty Dayes Absence So that now if we set this Statute at liberty again this shall be no Innovation in us but a Renovation of the Common-Law I will end only with this Caution to the House That commonly the most Ignorant Divines of this Land are double Beneficed Serjeant Harries said Serj. Harries gives the House a Caution not to meddle in it We seem to Defend the Privileges and Customs of the House But if we proceed to determine of this Bill Mr. Speaker we shall not only infringe a Custom which we have ever observed viz. To medle with no Matter which toucheth Her Majesty's Prerogative but also procure Her great Displeasure Admit we should determine this Matter yet Her Majesty may grant Toleration Non Obstante And Mr Speaker the Last Parliament may be a Warning unto us when the like Bill was by us Preferred and the same not only Rejected but also Her Majesty commanded the Lord-Keeper to tell us That She hoped hereafter we would not meddle in Cases of this Nature so nearly touthing Her Prerogative Mr. Martin said I agree with him who said Mr. Martin Learning should have her Reward But I say more 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 drave 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 So he spake to the Bill Vide His Words spoken in Heat to the Bill of Exeter Novemb. 10. After him an Old Doctor of the Civil-Law spake but because he spake too Long and too Low the House Hawked and Spit An old Doctor speaks so Low and so Long the House Hawk and Spit to make him end Sir Francis Hastings dislikes their Noise and moves against it He speaks to the Bill to make him make an End Which Speech finished Sir Francis Hastings stood up and said My Masters I utterly mislike 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 speaks never so Absurdly I beseech you therefore that this Way 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 unto you All out of the Conscience of a Christian Loyalty of a Subject and Heart of an English-Man I know that Distributio Parochiarum est ex Jure Humano non Divino But he that said so must 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 and Preached as God be thanked it hath been these Forty Three Years under Her Majesty's happy Government the Period of whose Dayes I beseech the Almighty may be Prolonged I see no reason why we should doubt of the Goodness of this Bill or make any question of the Committing thereof Mr. Roger Owen said Mr. Owen after particular Answers to divers particular Objections made by the Doctors That a Statute was but Privato Communis Juris and this Act will be made no Innovation because it Repeals only the Proviso and not the Body And 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 I say under Favour Mr. Speaker This Statute takes away no Benefices from the Clergy but only better orders the Distribution of Benefices amongst the Clergy For that another Doctor alledged a Canon confirmed under the Great Seal of England I say under Favour That They of the Clergy not We of the Laiety are bound thereby for they are as they were by-Laws unto Them but not unto Us. Then the Speaker stood up The Bill Committed and put it to the Question for Commitment and it was Committed He also asked the House If they pleased to Sit to Morrow being the Queens Holy-day To which after a little Speech it was agreed They should Sit
therefore fit That the Bill be Committed And so it was Mr. Francis Bacon brought in the Bill touching the Exchequer Mr. Fr. Bacon's Bill touching orders in the Exchequer now thus Intituled An Act for the better observation of certain Orders set down and Established in the Exchequer under her Majesties Privy Seal At which time he said Mr. Speaker His Speech concerning it This Bill hath been deliberately and judicially considered of by the Committees before whom Mr. Osbourn came who I assure you so discreetly Demeaned himself and so submissively referred the state of his whole Office to the Committees and so well Answered in his own Defence that they would not Ransack the heaps or sound the bottom of former Offences but only have taken away something that was superfluous and needless to the Subject Though the Committee have reformed some part yet they have not Eyed so nearly every particular as if they would pare to the quick an Office of her Majesties Gift and Patronage This Bill is both Publick and Private Publick because it is to do Good to the Subject and Private because it doth no Injustice unto the particular Officer The Committees herein have not taxed the Officer by way of Imputation but removed a Tax by way of Imposition I will not tell you what we have taken away either in quo titulo or Checquer-Language but according to the Poet who saith Mitte id quod Scio dic quod rogo I will omit that which you have known and tell you that you know not and are to know and that in familiar Terms And so he told the Substance of the Bill We found her Majesty whose Eyes are the Candles of our good Days had made him an Officer by Patent in which that he might have Right Her Majesties Learned Council were there in Sentinel to see that Her Majesties Right might not be suppressed If my Memory hath failed me in the delivery of the Truth of our Proceedings and the Committee's determination I desire those that were there present to help and assist me Here is the Bill So he called aloud to the Serjeant of the House and delivered him the Bill to be delivered to the Speaker A Bill to prevent divers Misdemeanors in idle and lewd Persons A Bill against Idle and lewd persons being Ingrossed it was put to the Question and Passed Mr. Dyott of the Middle Temple said Mr. Speaker There be many Commodities in this Realm which being publick for the benefit of every particular Subject Mr. Dyott moves against Patentees are Monopolized by Patent from her Majesty only for the Good and private Gain of one man To remedy the Abuses of those kind of Patents which are granted for a good Intent by her Majesty I am Mr. Speaker to Offer to the Consideration of your self and this House An Act against Patents purporting particular Power to be given to sundry Patentees it hath a very long Title Mr. Laurence Hide Mr. Lau. Hide moves against them too of the Middle Temple said I would only Mr. Speaker move you to have an Act Read containing but Twelve Lines It is an Exposition of the Common-Law touching these kinds of Patents commonly called Monopolies A Bill for the better Observation of the Sabbath Bill penal for Observing the Sabbath which is framed upon the Act of 1 Eliz. the which requires an Indictment before the One Shilling can be taken or levied for not coming to Church which Circuit taketh away was Read and so committed after much Dispute for the House generally disliked the course of the Bill for by that every Husband must pay One Shilling for the Wives absence and every Master One Shilling for his Servant's absence c. Mr. Dyott stood up and said Mr. Dyot shews the inconveniency in the penalty Every Man can tame a Shrew but he that hath her perhaps she will not come and for her willfulness no reason the Husband should be Punished So Mr. Downold going to speak about it is interrupted by the Speaker as they were naming Committees Mr. Downold the Lord-Keeper's Secretary stood up and desired That the Bill Mr. Hide called for might be Read and was saying somewhat more But Mr. Speaker interrupted him and said I pray you let us name Committees and then you may Spake And so they went to Naming of Committees And Mr. Secretary Cecil a little while after Who rises from the chair and would not hear him spake something in Mr. Speaker's Ear. But so soon as time and place of Commitment was named the Speaker rose without further Hearing of Mr. Downold which he took in great disgrace At which he threatens him and told him He would complain of him the next Sitting to which the Speaker Answered not one word but looked earnestly on him and so the Press of People parted them On Thursday But the Speaker reply'd not a word Novemb. 19. An Act For the Confirmation of the Authority of the Mayor of London in Saint Katharines A Bill for the discovery of the Stealers of Cattle A Bill Limiting what Persons shall Die or retail Woollen-Cloth A Bill against Gavel-kind-Land in Kent A Bill for the Explanation of the Statutes of 13. and 18. Eliz. against Bonds Courts or Leases of Ecclesiastical Livings A Bill for Explanation of a Statute of 32. Hen. 8. of Limitation of prescription Read the first time A Bill against Blasphemous Swearing A Bill for Explanation of the Common-Law in certain cases of Letters-Patents brought in by Mr. Hide A Bill for the Denization of certain Persons viz. of Joseph Lupo one of the Queen's Physitians Thomas Moxon Richard Bye Son of William Bye and Margery his Wife and Mary Questor A Bill for the Enabling of Edward Nevil of Burling in the County of Kent Esq and Sir Henry Nevil his Son and Heir apparent to sell certain Coppy-hold Lands Read and Committed And Tuesday in the Afternoon is the time appointed for them to meet in the Court of Wards and all the Queens Councell and Councel on both sides are to attend for that the Queen is in Remainder And Sir Edward Hobby certified the House That to his knowledge the Queen was well pleased with this Bill There were returned Burgesses for Newton in Lancashire one Mr. Langton of Lancashire and one Mr. Richard Ashton who was present in the House but the said Baron though he were returned he was not yet come to Town by reason he fell Sick by the way as Mr. Ashton informed the House But he sent up his Solicitor hither to follow his Causes in Law and to pay a certain Debt of his to Mr. John Lacy of Cheapside Now Mr. Ashton informed the House A Complaint of an Arrest of a Solicitor belonging to a Member that was not yet Sworn That this Solicitor was Arrested on Sunday Night last in Grays-Inn-Lane by a Bill of Middlesex at the Suit of one William Musket a Taylor and carried Prisoner
to Newgate And there after a discharge gotten because he said he was a Servant to a Parliament Man he was no sooner discharged but he was strait again Arrested and carried to the Compter and there laid all Night until he sent to the Serjeant at Armes who fetched him out and kept him in his Custody And now this Day at the Bar he desired the privilege of the House he being a special Servant to a Member thereof Mr. Moore makes a Doubt Whether he could have Privilege so after he was removed out Mr. Francis Moore said I think it will grow a Question Whether he shall have privilege in that his Master is not Sworn nor here Nota Mr. Browne pleads he had as all others Fourteen days before the Meeting or Swearing of the House Where Note The Members then claimed but Fourteen Days before a Session which is now reck'ned Forty Dayes Mr. Brown said Every Parliament-Man hath privilege for himself and Servants Fourteen Days before the Parliament and this is before he is returned or Sworn much more ought we to give privilege in this Case Then was Musket that procured the Arrest brought in and being demanded the Reason How he durst meddle with any Mans Servant of the House he Answered That the said Soliciter being demanded whether he Served any Parliament-Man He Answered No. Which indeed afterwards proved untrue when they were brought Face to Face Then the Serjeant was brought in who said He was put to his Choice Whether he would tarry still at Newgate or go to the Compter Being further asked Whether he could say any more in his own Excuse He said No. So the Solicitor was brought in who justified that he was first Arrested and after Discharged and then the second time Arrested as aforesaid So they were both removed out of the House Sir Edward Hobby took hold of the Speech made by the Serjeant of his Choice to stay in Newgate or to go to the Compter as also that he was doubly Arrested and paid double Fees So after Consultation had it was put to the Question and agreed by the House That they both should pay the Solicitors Cost and Damages and be imprisoned three days in the Serjeants Custody And each of them both Musket and the Serjeant to Pay the Serjeant Attending this House his Fees and the Solicitor to Pay none and so to be Discharged A Bill for Confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Majesty to others being Ingrossed was Read the Third time and without Speech or denyal Passed only Mr. âale of the Temple said No. Mr. Secretary Herbert said Secretary Herbert's Report from the Lord-Keeper According to Your Commandment Sir Edward Stafford and my self went to my Lord Keeper and delivered unto him That Notwithstanding some Allegations which were Alleadged on the behalf of his Lordship concerning our Resolutions about the Warrants which upon mature Deliberation we found by Precedents That they ought to go and be directed to the Clerk of the Crown His Lordship after a small Pause The Keeper's Reply to him c. Answered That he now Considered the Weightiness of divers Businesses that were now in hand The Consultation which we were likely presently to have touching the Bill of Subsidy That the Enemy the Spaniard was Landed in Ireland and the business of those Affairs of great Imports as also his own Business in the Upper-House and the short end which was like to be of this Parliament And therefore he would now not stand to make Contention or shew his further Reasons but prayed us to certify you all That he would be most ready and willing to perform the desire of this House The Bill of Petty-Theft and Patents aforesaid were sent up to the Lords by Sir John Fortescue and Mr. Secretary Hubbart The House called upon Mr. Secretary to go but he desired to be excused because he was troubled with a Cold. A Bill to restrain the Transportation of Money out of the Realm A Bill to prevent Transporting of Bulloin and to Reform certain Abuses in the Exchanges was Read Mr. Fettyplace a Burgess for London spake to this Bill and said Mr. Fettyplace speaks to that Bill It is to be thought that the Netherlander having so much use for Money is the Exporter thereof out of this Realm The French King made it a Law That no man on pain of Death should Export Money thence Germany holdeth the Standard so doth France and so do We. But the Netherlander only doth not and he only thereby gained of all Three There be good Statutes already made to this purpose both in the time of Rich. 2. Hen. 3. Hen. 4. Hen. 5. and Hen. 6. That no Stranger should bring Commodities into this Land but he should bring in so much Money c. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language which I could not well Note So the Bill was committed and the Chequer-Chamber appointed the place and Friday in the afternoon the Time Mr. Henry Mountague shewed That 17. Ed. 4. Mr. Mountague for the Bill such Transportation was made Felony and never since Transportation much heard of till this Queens Days in whose time none of those Laws are in force which if they were revived and set on Foot again I think such kind of Transportation would be less used than it is One of the Burgesses of Yarmouth Moved All Officers of Ports might be certified of such Goods as be Exported and the Skipper bound in Bond to be sent to her Majesties Custom House c. Mr. Davis said Mr. Speaker Mr. Davies about Money and Barture in Trade I hold this Paradox for a true ground of Policy That if there were no Money in the World then this Kingdom were the happiest Nation in the World And the best Age was when there was only bartering of Commodities For one yard of Cloath would be better than three yards of Velvet And an Ounce of Iron for the Use of man better than a Pound of Gold A Bushel of Corn better than ten Bushels of Pepper or other Grain The fundamental Cause of this Bill was That we might not be Cozened of our Moneys who have the best Standard in the World For now the Exchange is Governd by Brokers and as it pleases them the Exchange must Rise and Fall So the Bill was Committed The Bill for Setting of Watches was Read and Committed the Place of meeting appointed the Court of Wards and Tuesday next in the afternoon the Time A Bill for the Relief of Theophilus Adams touching certain obligations reputed to be made void by the Statute of 39 Eliz. intituled An Act c. Some say this Bill was cast out of the House the last Parliament On Fryday Novemb. 20. An Act for the Assurance of the Jointure of Lucy Countess of Bedford A Bill Prohibiting Fairs to be held on Sunday by which
the Statute of Hen. 6. cap. is repealed A Bill against wilful absence from Church on Sundays A Bill about the Wilful Abstaining from Church was brought in Sir Francis Darcy brought this Bill in after Commitment and said Mr. Speaker Me thought I heard a strange Voice at the Committing of this Bill I hope after these Amendments For which Sir Francis Darcy pleads it will have better success at the Passing than that Voice did presage but most especially of us that are the Mouths of the most Grave and Religious Commons of this Realm by this Bill every Husband must pay for the willful absence of his Wife and Children above Twelve years of Age and Servants There is a new Proviso for having Service at home Sir Edw. Hobby said I think this Statute is an implicative Exposition of the Stat. 23. Eliz. by which every Recusant is to pay 20 l. to the Queen ãâ¦ã a month for wilful absence from the Church and it hath been a doubt whether they shall pay so much for their Wives Now this Statute doth not Explain that point but only that they must pay One Shilling for their Wives c. and therefore I doubt some matter of Secret is in this Statute which is not yet known Sir George Moore said Sir George Moore to the same Bill The old Statute of 23. Reginae saith That every person that hath Goods shall pay but the Wife hath no Goods therefore she shall not pay And for any matter of Secret in this Bill I protest I know none and therefore I think it needeth no new Constructions Mr. Francis Moore said Mr. Francis Moore to the same Mr. Speaker I think the Bill intendeth not to bring any that be ill-Affected within danger of this Law or any that be within the Statute of 23. Reginae but only to punish those with the Penalty of One Shilling which though they be well addicted yet they be negligent For my own part I do so much desire the Furtherance and good Success of this Bill or any of the like Nature that he that doth not the like I would he had neither Heart to think nor Tongue to speak Mr. Martin said Mr. Martin against it upon good Consideration I do Mr. Speaker as much favour this Bill as any man doth but I would but Move one Question to the House in which I desire to be Resolved That is if they that pay their Twenty Pound a month to the Queen shall pay also their Twelve Pence a Week by force of this Statute For my part as the Law it self will not tolerate two Remedies for one Inconvenience So I can never agree in Conscience to consent to a double Remedy for one Offence Sir William Wray Sir William Wray Explains it To the Question that was propounded However the Bill now standeth this I can affirm to the House That the Intent of the Committee was That those Recusants that are able to pay their Twenty Pound should not pay this Penalty but that it should be only inflicted on the Poorer Sort. Dr. Bennet said Dr. Bennet's Observation Mr. Speaker Though I had no Meaning to speak yet I will now speak to the Objection that was last made This Law gives Life to that Statute 1 Eliz. which by reason of by Ambages Indictment and otherwise never almost had his due Execution And a Law without Execution is like a Bell without a Clapper for as the Bell gives no Sound so the Law doth no Good There are Mr. Speaker in the County where I am Twelve or Thirteen Hundred Recusants most of which this Law which we have now in hand would constrain to come to Church I mean only those of the Poorer Sort. It is a Duty in Christianity for the Father to look to his Child and for the Master to look to his Servant which because it hath grown Cold this Law will Quicken and Revive For Punishment will make them do that by Constraint which they ought to do in regard of Religion Sir Robert Cross said I would move but one Question If a Man be in the Queen's Wars Must he pay for the Absence of his Wife Children and Family This indeed is a Fault in the Bill Sir Robert Cross's Objections So if a Man be absent from Home as at London about his Law-Suits c. Mr. Carew said Mr. Speaker I will not speak against the Body of the Bill only I mislike one thing in it and that is Mr. Carew's Objections That Justices of the Peace should have this Authority They have enough already to do and therefore no reason they should meddle in Ecclesiastical Causes I think rather it were fit to be Committed into the Hands of the Parson of the Parish For it is no Policy that Justices of the Peace should have such Power over their Neighbours Mr. Browne said Mr. Speaker There is one Thing would be looked into in this Bill which cannot now be remedied Mr. Brown's Objection and that is If the Church-Wardens shall secretly keep a Kalendar and so where he should gather Twelve Pence for the Poor perhaps will take Four Pence for himself and dispense with the rest So after long Dispute it was put to the Question and the House divided The I I I were 137. and the Noes 140. The Bill rejected by 3. Voices So the Bill was Rejected but by Three Voices only One Mr. William Morris Burgess for Bewmorris informed the House That as he was coming up to London on his Way his Man was Arrested at Shrewsbury Whereupon he told the Serjeant That he was of the Parliament-House and therefore wished him to Discharge his Servant The Serjeant said He could not Discharge him but he would go to the Bayliff with him To whom when he came he likewise declared He was of the Parliament-House and therefore required his Servant To whom the Bayliff answered He could not Discharge him without the Consent of him that procured the Arrest To whom he also went and he answered the Serjeant and him Keep him fast I will not Release him until I be satisfied Then he told the Creditor That he was of the Parliament-House and therefore his Servant was Privileged Whereunto the Creditor made this Answer I care not for that keep him fast I will be your Warrant I thought good to move the House herein referring it to your Consideration And because I am willing that the Privileges of this House may be known as well afar off as here at hand I thought good to move the same Mr. Francis Moore said Mr. Speaker Methinks this Action is very Scandalous to the whole House and because it is a Cause both Extraordinary and Contemptible in my Opinion it deserves a most severe Exmplary Punishment Whereupon all the House cryed To the Tower to the Tower with them Send for them send for them Mr. Speaker said Is it your Pleasure the Bayliff and he that procured the
Ass an Indictment was brought against Bakers and Brewers for that by colour of License they had broken the Assize Wherefore according to that Precedent I think it most fit to Proceed by Bill and not by Petition Mr. Secretary Cecil said Secretary Cecil against the Bill If there had not been some Mistaking or Confusion in the Committee I would not have now spoken The Question was Of the most convenient Way to Reform these Grievances of Monopolies But after Disputation of that Labour we have not Received the expected Fruit. If every Man should take Leave to Speak for the Common Subject I am afraid in these vast Powers of our Minds we shall Dispute the Project and Reformation quite out of Doors This Dispute draws Two great Things in question First The Prince's Power Secondly The Freedom of English-Men I am Born an English-Man and a Fellow-Member of this House I would desire to Live no Day in which I should Detract from Either I am Servant to the Queen and before I would speak or give my consent to a Case that should debase Her Prerogative or abridge it I would wish my Tongue cut out of my Head I am sure there were Law-Makers before there were Laws One Gentleman went about to possess Us with the Execution of the Law in an Antient Record of 50 Edvardi 3. Likely enough to be True in that Time when the King was afraid of the Subject Though this Presence be a Substance yet it is not the whole Substance of the Parliament For in former Times all Sate together as well King as Subjects And then it was no Prejudice to His Prerogative to have such a Monopoly Examined If you stand upon Law and dispute of the Prerogative hark what Bracton saith He gives the Speaker a Caution Prerogativam nostram nemo audeat Disputare c. For my own Part I like not these Courses should be taken And you Mr. Speaker should perform the Charge Her Majesty gave unto you at the Beginning of this Parliament Not to receive Bills of this Nature For Her Majesty's Ears be open to all our Grievances and Her Hands stretched out to every Man's Petition For the Matter of Access I like it well so it be first moved and the Way prepared I had rather all the Patents were burnt than Her Majesty should lose the Hearts of so many Subjects as is pretended She will I will tell you what I think of these Monopolies I take them to be of Three Natures Some of a Free Nature and Good some Void of themselves some both Good and Void For the First For the Prince to Dispense with Penal Laws That is left to the Alteration of Sovereignty I mean Powerful and Irrevocable For the Second As to grant that which taketh from the Subject his Birth-right and such Men as desire such Patents I count them Misdoers and wicked and wilful Offenders For the Third As the License for the Matter of Cards c. And therefore I think it very fit to have a New Commitment to consider what Her Majesty may grant and what not And what Course we shall take and upon what Points c. Dr. Stanhop and Dr. Hone were sent from the Lords with a Bill Entituled An Act for the Uniting of Eye and Dunsden to the Mannor of Sunning Mr. Mountague said Mr. Speaker Mr. Mountague I am loth to Speak what I know lest perhaps I should Displease The Prerogative Royal is that which is now in question and which the Laws of the Land have ever allowed and maintained My Motion then shall be but this That We may be Suitors unto Her Majesty That the Patentees shall have no other Remedies than by the Laws of the Realm they may have and that our Act may be drawn accordingly Mr. Martin said I think the Common Grievance Mr. Martin and the Queen's Prerogative have so Inspired the Gentleman that last spake whom for Reverence sake I must needs name Mr. Mountague to make that Motion he hath done And because the House seems greatly to Applaud it may it please you Mr. Speaker to put it to the Question Whether that shall be Determined of at the Committee So it was again Committed to the Afternoon and agreed That as well That as Mr. Secretary's Motion should be Determined upon by the said Committee Mr. Francis Moore brought in a New Bill against Pluralities of Benefices with the same Title as the former At the Committee in the Afternoon touching Monopolies A List of certain Monopolies and to whom Granted A Gentleman shewed me a Note of certain Monopolies and to whom Granted viz. 1. To Sir Henry Nevill the Patent for Ordnance 2. To Simon Farmor the Patent for Lists Shreads and Horns to be Transported 3. To Henry Noell the Patent for Stone-Pots and Bottles 4. To Brian Ansley the Patent for Steel 5. To Elizabeth Matthews the Patent of Oyl of Blubber 6. To Richard Drake the Patent for Aqua-Composita and Aqua-Vitae 7. To Michael Stanhopp the Patent for Spanish-Wools 8. To Thomas Cornwallis a License to keep unlawful Games 9. To Mr. Carr a Patent for Brewing of Beer to be Transported 10. To John Spillman a Patent to make Paper 11. To Edward Darcy a Patent for Cards 12. To Mr. John Packington a Patent for Starch 13. To Sir Walter Rawleigh a Patent for Wines The Patent for Bottles was lately made void by Judgment in the Exchecquer Mr. Davies moved the House first Mr. Davies That he for his part thought the Proceeding by Bill to be most Convenient for the Precedent in the 50 Edvardi 3. warranteth the same And therefore let us do Generously and Bravely like Parliament Men and our selves send for Them and their Patents and Cancel them before their Faces Arreign them as in times past at the Bar and send them to the Tower there to remain until they have made a good Fine to the Queen and made some part of Restitution to some of the Poorest that have been oppressed by them And withal Laughed Mr. Martin Mr. Martin after a long Speech made touching these Monopolies he thus concluded And therefore the Gentleman that last spake spake most Honestly Learnedly and Stoutly Yet thus much I must needs say His Zeal hath masked his Reason and that I think was the Cause of his fervent Motion which I desire may be cooled with a Petition in most dutiful Manner and humblest Terms most fitting to the Majesty of the Queen and the Gravity of this House So I doubt not but our Actions will have prosperous and successful Event Mr. Secretary Cecil read a Paper of Three or Four Sheets openly Secretary Cecil reads a List of Patentees and their several Patents of all the Patents granted since 16 Reginae And first he read in the 17th of the Queen A Patent to Robert Sparke to make Spangles and Owes of Gold 18 Reginae A Patent to Sir Edward Dier To Pardon Dispense and Release all
Resolutions according to your Commandments A Bill for making the Parks of Noblemen and Gentlemen of the Realm for the Keeping and Breeding of Horses On Wednesday Novemb. 25. A Bill for Enlarging a Branch of the Statute of 25 Eliz. Cap. 8. touching Gashing of Hides A Bill concerning the Assize of Fuel A Bill for the Levying of Fines with Proclamation of Lands within the County of the City of Chester A Bill for the Re-uniting of Eye and Dunsden to the Mannor of Sunning read the first Time A Bill For the enabling of Edward Nevil of Burling in the County of Kent Esq and of Sir Henry Nevil his Son and Heir Apparent to sell certain Coppy-hold-Lands This Act was brought in after Commitment by Sir Edward Hobby who at the delivery thereof shewed to the House That they had put out Esq in the Title in respect that they would not leave such a Title as Esq for a Monument of Record in Parliament lest perhaps it might in After-ages be a prejudice to the Title of the Lord Abergaveny Also we have said he left out all other Words and Clauses touching that Point As also have added a Proviso For saving of the Right of the two Mr. Vanes Sons to the Lady Vane because the Elder of them layeth Title to the Barony And thus they both being at the Committee with their Councel have given consent to the Bill The Gentlemen are both in the House and can testify as much Therefore I think it good it were put to the Question for Ingrossing And so it was and all said I I I. The Exchecquer-Bill was read The Bill against Trifling Suits was put to the Question And ordered to be Ingrossed The Bill to prevent Perjury and Subordination of Perjury and unnecessary expences of Suits in Law A Bill to prevent the double Payment of Debts upon Shop-Books which was put to the Question for the Ingrossing And most said No. Mr. Speaker after a Silence and every one marvailing why the Speaker stood up spake to this Effect The Speaker delivers a Message from the Queen It pleased Her Majesty to command me to attend upon Her Yesterday in the Afternoon From whom I am to deliver unto you all Her Majesties most gratious Message sent by my unworthy self She yeildeth you all hearty thanks for your care and special regard of those things that concern Her State and Kingdom and Consequently our selves whose Good She hath alwayes tendred as Her own For our speedy Resolution in making so hasty and free a Subsidy which commonly succeeded and never went before our Councels For our Loyalty I will assure you with such and so great Zeal of Affection She uttered and shewed the same that to express it with our Tongues we are not able neither our Hearts to conceive it It pleased Her Majesty to say unto me That if She had an Hundred Tongues She could not express our hearty good Wills And further She said That as She had ever held our Good most dear so the last Day of ours or Her Life should Witness it And that if the least of Her Subjects were Grieved and Her self not Touched She appealed to the Throne of Almighty God how careful She hath been and will be to defend Her People from all Oppression She said That partly by Intimation of Her Councel and partly by divers Petitions that have been Delivered unto Her both going to Chappel and also Walking abroad She understood That divers Patents that She had granted were grievous unto Her Subjects and that the Substitutes of the Patentees had used great Oppression But She said She never assented to Grant any thing that was Malum in se And if in the Abuse of Her Grant there be any thing that is Evil which She took Knowledge there was She Her self would take present Order for Reformation thereof I cannot Express unto you the apparent indignation of Her Majesty towards these Abuses She said Her Kingly Prerogative was tender and therefore desireth us not to speak or doubt of Her careful Reformation For She said her Commandement given a little before the late Troubles meaning the Earl of Essex's Matters by the unfortunate event of them was not so hindred but that since that time even in the midst of Her most weighty and great Occasions She thought upon them And that this should not Suffice but that further Order should be taken presently and not In futuro For that also was a Word which I take it Her Majesty used and that some should presently be Repealed some Suspended and not put in Execution but such as should first have a Trial according to the Law for the Good of Her People Against the Abuses Her Wrath was so Incensed that She said She neither would nor could suffer such to escape with Impunity So to my unspeakable Comfort She hath made me the Messenger of this Her gratious thankfulness and care Now we see that the Axe of Her Princely Justice is put to the Root of the Tree And so we see Her Gracious goodness hath prevented our Councels and Consultations for which God make us thankful and send her long and long to Reign amongst us If through my own Weakness of Memory Want of Utterance and Frailty of my self I have omitted any thing of Her Majesties Commands I do most humbly crave pardon for the same And do beseech the Honourable Persons which do assist this Chair and were present before her Majesty at the Delivery hereof to supply and help my Imperfections which joyned with my Fear have caused me no doubt to forget something that I should have Delivered unto you After a little Pause and Silence the Councel talking one with another Mr. Secretary Cecil stood up and said There needs no Supply of the Memory of the Speaker Secretary Cecil Speaks to the same purpose but because he desires some-that be about him to aid his Delivery and because the rest of my Fellows be Silent I will take upon me to Deliver something which I both then heard and since know I was present with the rest of my Fellow-Councellours and the Message was the same that hath been told you And the cause hath not proceeded from any particular course thought upon but upon private Information of some particular Persons I have been very Inquisitive after them and of the Cause why more importunity was now used than before which I am afraid comes by being acquainted with some course of our Proceeding in this House There are no Patents now of Force which shall not presently be revoked for what Patent soever is Granted there shall be left to the overthrow of that Patent a Liberty agreeable to the Law There is no Patent but if it be Malum in se the Queen was ill apprised in Her Grant but all to the generality are unacceptable I take it there is no Patent whereof the Execution thereof hath been Injurious would that had never been Granted I hope there shall never
That there is such a Sympathy betwixt Her and Us. And She is well pleased That this Afternoon at Three of the Clock we should all come and without Restraint or Limit we may all come and shall be very Welcome The Bill for the Four Subsidies and Eight Fifteens granted to Her Majesty put to the Question and ordered to be Ingrossed It was concluded At Three of the Clock in the Afternoon to meet in the Great Hall at White-Hall there to Attend Mr. Speaker to Her Majesty Mr. Barrington brought in the Bill against Swearing from the Committees The Bill for Avoiding of Trifling Suits being Ingrossed and put to the Question for Passing it passed The Bill touching Edward Nevill Esquire c. was passed with a Proviso added to it for the Saving of the Right of the Lady Vane and her Sons The Speaker asked the House What it was their Pleasure he should deliver unto Her Majesty And Sir Edward Hobby stood up and said He thought it was best he should devise that himself for the whole House would refer it to him In the Afternoon the Commons Attended the Queen at White-Hall about Three of the Clock to the Number of One Hundred and Forty At length The Commons attend the Queen in the Council-Chamber the Queen came into the Council Chamber where sitting under the Cloth of State at the Upper End the Speaker with all the Commons came in And after Three low Reverences made he spake to this Effect Most Sacred The Speaker's Speech to Her Majesty more than most Gracious Sovereign WE Your Faithful Loyal and most Obedient Subjects and Commons here present vouchsafed of Your special Goodness to our unspeakable Comforts Access to Your Royal Presence Do in all Duty Humbleness come to present that which no Words can express our most Humble and Thankful Acknowledgment of Your most Gracious Message and most Bounden and Humble Thanks for Your Majesty's most abundant Goodness extended and performed to Us. We cannot say most Gracious Sovereign We have Called and been Heard We have Complained and have been Helped though in all Duty and Thankfulness we acknowledge Your Sacred Ears are ever open and ever bowed down to Hear us and your Blessed Hands ever stretched out to Relieve us We acknowledge Sacred Sovereign in all Duty and Thankfulness we acknowledge That before we Call your preventing Grace and all-deserving Goodness do watch over Us for our Good more ready to give than we can desire much less deserve The Attribute which is most proper unto God To perform all he promiseth most Gracious Sovereign Queen of all Truth of all Constancy of all Goodness never wearied of doing Good unto us which the Deeds themselves do speak That we must render unto You most Zealous most Careful to provide all good Things for us most Gracious most Tender to remove all Grievances from us which all Your Princely Actions have ever shewed And even now Your most Gracious published Proclamation of Your own only meer Motion and special Grace for the Good of all Your People doth witness unto us We come not Sacred Sovereign One of Ten to render Thanks and the rest to go away Unthankful But All of All in all Duty and Thankfulness do throw down our Selves at the Feet of Your Majesty Neither do we Present our Thanks in Words or any outward thing which can be nothing which can be no sufficient Retribution for so great Goodness But in all Duty and Thankfulness prostrate at Your Feet We present our most Loyal and Thankful Hearts even the last Drop of Blood in our Hearts and the last Spirit of Breath in our Nostrils to be pour'd out to be Breathed up for Your Safety The Commons fall on their Knees After Three low Reverences made He with the rest Kneeled down and Her Majesty began thus to Answer Her Self viz. Mr. Speaker WE have heard your Declaration The Queen answers to them Her self and perceive your Care of Our State by falling into the Consideration of a grateful Acknowledgment of such Benefits as you have Received and that your Coming is to present Thanks unto Us which I Accept with no less Joy than your Loves can have Desire to offer such a Present I do assure you There is no Prince that loveth his Subjects better or whose Love can countervail Our Love There is no Jewel be it of never so Rich a Price which I set before this Jewel I mean your Love For I do more Esteem of It than of any Treasure or Riches for That we know how to prize but Love and Thanks I count Unvaluable And though God hath raised Me high yet This I count the Glory of my Crown That I have Reigned with your Loves This makes me that I do not so much rejoyce That God hath made Me to be a Queen as To be a Queen over so Thankful a People Threfore I have Cause to wish nothing more than to Content the Subjects and that is a Duty which I owe Neither do I desire to live longer Dayes than that I may see your Prosperity and That 's my only Desire And as I am that Person that still yet under God hath Deliver'd you so I trust by the Almighty Power of God that I still shall be His Instrument to Preserve you from Envy Peril Dishonour Shame Tyranny and Oppression partly by Means of your intended Helps which We take very Acceptably because it manifests the Largeness of your Loves and Loyalty to your Sovereign Of My Self I must say this I was never any greedy scraping Grasper nor a straight fast-holding Prince nor yet a Waster My Heart was never set on Worldly Goods but only for my Subjects Good What You do bestow on Me I will not hoard it up but Receive it to bestow on You again Yea My own Proprieties I count Yours and to be Expended for your Good and your Eyes shall see the Bestowing of All for your Good Therefore render unto Them from Me I beseech you Mr. Speaker such Thanks as you imagine my Heart yieldeth but my Tongue cannot express The Queen bids the Commons rise up Nota All this while we Kneeled whereupon Her Majesty said Mr. Speaker I would wish You and the Rest to stand up for I shall yet trouble you with longer Speech So we all stood up and She went on with Her Speech saying Mr. Speaker YOu give Me Thanks And then continues to Speak but I doubt Me that I have more Cause to Thank You all than You Me. And I charge you to Thank them of the lower-Lower-House from Me For had I not received a Knowledg from you I might have faln into the Lapse of an Errour only for Lack of True Information Since I was Queen yet did I never put my Pen unto any Grant but that upon Pretext and Semblance made unto Me it was both Good and Beneficial to the Subject in general though a private Profit to some of My
Antient Servants who had deserved well at My Hands But the Contrary being found by Experience I am exceedingly beholding to such Subjects as would move the same at the first And I am not so Simple to suppose but that there are some of the lower-Lower-House whom these Grievances never touched And for Them I think they spake out of Zeal for their Countries and not out of Spleen or Malevolent Affection as being Parties grieved And I take it exceeding Gratefully from them because it gives Us to know that no Respects or Interests had moved them other than the minds they bear to suffer no diminution of our Honour and our subjects Loves unto Us. The zeal of which Affection tending to ease my People and Knit their hearts unto Me I embrace with a Princely care for above all earthly Treasure I esteem my People's Love more than which I desire not to Merit That my Grants should be grievous to my People and Oppressions privileged under colour of our Patents our Kingly Dignity shall not suffer it yea when I heard it I could give no rest unto my Thoughts untill I had Reformed it Shall they think to escape unpunished that have thus Oppressed you and have been respectless of their Duty and regardless of Our Honour No Mr. Speaker I assure you were it not more for Conscience-sake than for any Glory or Increase of Love that I desire these Errours Troubles Vexations and Oppressions done by these Varlets and lewd Persons not worthy the name of Subjects should not escape without Condigne Punishment But I perceive they dealt with Me like Physitians who Administring a Drug make it more acceptable by giving it a good Aromatical Savour or when they give Pills do Gild them all over I have ever used to set the last Judgment-Day before my Eyes as so to Rule as I shall be Judged to Answer before a higher Judge to whose Judgment-Seat I do Appeal That never Thought was Cherished in my Heart that tended not to my People's Good And now if my Kingly Bounty have been abused and my Grants turned to the Hurt of my People contrary to My Will and Meaning or if any in Authority under Me have neglected or perverted what I have Committed to them I hope God will not lay their Culps and Offences to my Charge who though there were danger in repealing our Grants yet what danger would I not rather incur for your Good than I would suffer them still to continue I know the Title of a KING is a Glorious Title But assure your self That the Shining Glory of Princely Authority hath not so dazelled the Eyes of our Understanding but that we well know and remember that We also are to yeild an Account of our Actions before the Great Judge To be a KING and wear a Crown is a thing more Glorious to them that see it than it is pleasing to them that bear it For my self I was never so much inticed with the Glorious Name of a KING or Royal Authority of a QUEEN as delighted that GOD had made Me his Instrument to maintain his Truth and Glory and to Defend this Kingdom as I said from Peril Dishonour Tyranny and Oppression There will never Queen sit in my Seat with more Zeal to my Country Care for my Subjects and that sooner with willingness will venture her Life for your Good and Safety than My Self For it is not my desire to Live nor Reign longer than my Life and Reign shall be for your Good And though you have had and may have many Princes more Mighty and Wise sitting in this State yet you never had or shall have any that will be more Careful and Loving Shall I ascribe any thing to my Self and my Sexly Weakness I were not worthy to Live then and of all most unworthy of the great Mercies I have had from God who hath ever yet given me a Heart which never yet feared Forreign or Home-Enemy I speak it to give God the Praise as a Testimony before you and not to Attribute any thing to My Self For I O Lord What am I whom Practices and Perils past should not fear Or What can I do These Words She spake with a great Emphasis That I should speak for any Glory God forbid This Mr. Speaker I pray you deliver to the House to whom heartily commend Me. And so I commit you All to your best Fortunes and further Councels And I pray you Mr. Comptroller Mr. Secretary and You of My Councel That before these Gentlemen depart into their Countries you bring them All to Kiss My Hand On Decemb. 1. being Tuesday The Bill for Dreining the Fens Committed The Bill for Explanation of the Statute of 8 Reginae December 1. touching Hats and Caps brought in with Amendments The Bill to avoid Idleness and to set the Poor on Work The Bill of Llandouerer was Read and it was put to the Question I stood up to speak against it according to a Note given me by Mr. John Stephens an Honest young Gentleman of Lincolns-Inn The Effect thereof is At the Parliament 27 Hen. 8. Cap. 26. the Shires of Wales were Divided and the Land of Lour limited in Pembrook-shire At the Parliament 34 Hen. 8. Cap. 28. Caustiffan Usterloys and Laughern by the same former Act being in Pembrook-shire were by the said last Act appointed in Carmarthen Since which time the Land of Lour hath been reputed in Carmarthen-shire William Phillips of Ficton seized of the Lands of Lour and having Issue two Daughters Elizabeth being Marryed to George Owen Esquire and Mary to Alban Stepneth Esquire the said George and Alban without the Consent of their Wives and by the Constraint of Sir John Parrot Knight levied a Fine to Morgan Phillips of the said Land of Lour in Carmarthen-shire whereas it is in Pembrooke-shire So that the intent of the Bill Preferred by John Phillips he seeing his Estate void is to strengthen his Estate and to over-through the Right Title and Interest of the said George Which being shewed to the House and put to the Question the greater Voice was No No No and so the Bill was Rejected Amendments in the Bill against Blasphemous and Usual Swearing A Bill against Swearing was Read and ordered to be ingrossed To this Bill Mr. Glascock spake and said Man is made of two Parts Mr. Glascock speaks to it a Soul and a Body and there are two Governments one Imperial the other Sacerdotal the First belonging to the Common-wealth the Other to the Church Swearing is a thing Moral and toucheth the Soul and therefore fitter to be spoken of in a Pulpit than a Parliament If the God of Abraham Isaac and Jacob hath sworn That his Plague shall not depart from the House of the Swearer Why should not we seek to suppress this Vice which brings a plague which breeds Mortality that breeds Destruction Desolation and utter Ruin of the Common-Wealth If He forbid us to Swear and we fear not his Commandments
then the private and they that carry them to give some brief Commendation of them Mr. Speaker said Who shall carry these Bills And all desired That Mr. Comptroller and Mr. Secretary Hobart would be pleased to present them Sir Walter Rawleigh brought in the Bill for Shop-Books with some Amendments One was in the Title for that it was thought to be an Imputation to Merchants And another thing I would move the House in he said and that is That there might be a Proviso for Sums under Five Pounds And because the greater part of the Committee were against it I thought fit to move it here And all the House cried No. Mr. Tate brought in the Bill touching Sir Anthony Maney to which Mr. Johnson of Grays-Inn excepted and shewed That his Wife was a Maney and though himself were far off in Remainder yet he desired the House would be pleased to except his Right for said he Nemo sapit qui sibi non sapit And therefore I presume to speak for my self And I hope the House will not give passage to the Bill Mr. Boyes shewed He was so far off as at least in the Seventeenth Degree and so the House called to the Question whether it should pass And all cried I I I. Mr. Davis brought in a Bill Mr. Davis moves in the Bill for the Painter-stainers against the Plaisterers for the Painter-Stainers for the remedy of certain Abuses done by the Plaisterers to the prejudice of that Company He shewed That this Bill was preferred the last Parliament and upon special Suit of the Citizens of London of this House the Bill was let Slip and a promise made That the Lord Mayor should finally end it betwixt the two Companies But after the same Parliament was done the Plaisterers went from their words so now the poor Men complain to you for Redress And since the beginning of this Parliament the Plaisterers are contented to enter into Bond but they will Break that too no doubt being but of small value And the Painter's Trade if it be not helped by us will go down which is the finest Trade in the World For Courtiers Knights Lords Earls Kings yea Emperours have used it They only desire to Work in Oyl as a thing incident to their Trade to make Pictures by the Life to draw Armory and Paint in Glass-work Houseing and the like Now if their be One Hundred Apprentices not Four come to the perfection of Painting by the Life and all their Trade and Gain in the other things is by the Plaisterers now usurped who are only to meddle with Loame Morter and the like yet the Painter-stainers have given them leave to use their Four Principal Colours c. Mr. Spicer said Mr. Spicer Seconds it As I wish no Man should meddle with anothers business so I wish that no Trade should meddle one with anothers Mysteries I know the Colours belong to the Painters the gross and ground-Work to Plaisterers and briefly Mr. Speaker Quam quisque nôrit artem in hac se exerceat So it was put to the Question for Ingrossing and all cried The Bill Ordered to be Ingrossed I I I. The Amendments in the Bill for Avoiding of double payment of Debts upon Shop-Books were Read Mr. Beeston shewed how good this Bill would be to keep Young Men from running too far in Debt Mr. Beeston about Book-Debts and avoiding double Payment He gave an Example of a Mercer That gave a Piece of Velvet for a Kindness done but dying Sixteen Years after the Delivery the Executor of this Man sued the Gentleman He desired to see the Book and there was Entered Delivered such a Day to such a Man so Much. The Gentleman advised with Councel what to do They told him No Remedy but to Wage his Law The Manner thereof being told him rather than he would have his Credit drawn in Question he paid it He further said They have two kind of Books the one where the Particulars be and that upon Payment is lightly Crossed The other General where the Gross Sum is and that is called The Book Dormant Out of which if you see not your Self Crossed perhaps you or your Executors may pay for it Twenty Years after It was put to the Question and the House being Divided the I I I had 154. and the Noes 88. So the I I I got it by 66. Mr. Speaker said First I am by Her Majesty's Commission Mr. Speaker gives an Account of the Queens Speech to make Report unto you of that Notable and Excellent Speech which Her Majesty deliver'd I shall deliver unto You but a Shadow of that Substance But I greatly Rejoyce that so many were there present who are well able to supply to others the True Report of Her Majesty's Speech IT pleased Her Majesty to shew In what gracious sort She accepted our Loyalty She said She Rejoyced not so much to be a Queen as to be a Queen over so Thankful a People and that God had made Her a Means to save us from Shame Tyranny and Oppression She did Accept of our intended Present which she said manifested our Love and Loyalty most graciously affirming That She was never any greedy Griper or fast Holder and what We did present She would not hoard up but Our Eyes should see the Bestowing of it For the Thanks which were yielded Her for Her great Regard of Us She willed me to return Her Thanks to You most Graciously and to tell You That Her Heart never inclined to pass any Grant but upon Suggestion that it was for the Good of Her Subjects and now that the Contrary appeared She took it Graciously that the Knowledg thereof came from Her Subjects She said She ever set the last Judgment before Her Eyes and never Thought arose in Her but for the Good of Her People If Her Grants were abused to their Hurts it was against Her Will and She hoped God would not lay their Culps and Offences to Her Charge and the Principal Members not touched And had it not been for these Her good Subjects She had fallen from Lapse into Error Those that did speak against them She thought spake out of no Spleen or Displeasure to the Grants but to deliver the Grief of their Hearts which above any Earthly Treasure She respected She said She was not allured with the Royal Authority of a KING neither did She Attribute any thing to Her Self but all to the Glory of GOD. She said The Cares and Troubles of a Crown are known only to them that Wear it And were it not more for Conscience-sake than any Desire or Want of Disposition in Her these Patentees should not escape without Condigne Punishment She desired not to Reign longer than that Her Government and Reign should be for our Good She said We might well have a Prince of more Wisdome and Sufficiency but of more Love and Affection we should never have Her Majesty deliver'd a Commandment to Mr.
with a Dozen of Penal Statutes I think it is well known that the Honourable that sit about the Chair and all the rest of Her Majesty's Privy-Council have and do hold the same Place and this toucheth Them as well as Inferiour Justices And therefore I humbly pray He may answer it at the Bar and that it may not be put off with Silence Mr. Hide said Every Man agrees this Bill hath good Matter Mr. Hide for the Bill and we all consent to the Substance though dissent to the Form Some have more Wit some more Understanding than others If they of meaner Capacity and Judgment speak Impertinently let not us in a Spleen straight ways cry Away with the Bill But let us give it the same Favour that we give to Bills of far inferiour Nature and of less Moment That is a Commitment So the Bill was committed to the former Committees The Bill committed the Place of Meeting appointed the Exchequer-Chamber and to Morrow in the Afternoon the Time Mr. Doyley said Mr. Speaker I would move but one Question Mr. Doyley moves against the Slanderers of Justices that is What shall be done against those two general Slanderers of Justices of the Peace Mr. Mountague Junior said The words Luxuriant Authority Mr. Mountague seconds and the heavy Yoke of a Justice of Peace are words dangerous and hurtful and prejudicial to Her Majesty's Honour And therefore I think fit they should both be called to the Bar to answer it Mr. Glascock said I protest again Mr. Speaker Mr. Glascock's Protestation I spake it only of those Justices that make it their Living to gain by their poor Neighbours Sir Francis Hastings said If all things spoken should rest within the Walls of this House Sir Francis Hastings against them I could well be content to be Silent But when this Scandal which I wish might be so Reformed it might be made an Example shall be blazed abroad as a general Slanderous Imputation of Justices and the Stirrers up thereof not punished this perhaps would touch the Credit of those whose Credit I think cannot well be Tainted He that sits against me pointing at Mr. Bond is my Country-Man and I am sorry he should thus lose his Way But my Conscience tells me Amicus Socrates amicus Plato sed magis amicus veritas Two dangerous and seditious Speeches have been made by him But I hope the House will not conceive so basely of Justices of the Peace or their Authority who deserve well of Queen and Country because it comes from him I say no more I know what it is Howsoever it is a Luxurious Speech and not to be suffer'd In speaking against the Bill he shewed the little good Will he had to the Passage of the Bill He likened his Speech to Paphnutius's Speech who spake in a General-Council to defend Religion but this Man speaketh to Oppugne it Have we now lived Forty Three Years under Her Majesty's Happy and Religious Government and shall we now dispute Whether it is fit to come to the Church Parry desired no more who in that Place Pointing to the Right Side of the Chair so soon as the Bill touching Seminaries was brought in called it a Bloody Bill a Tyrannical Bill a Bill of Confiscation of Goods I pray how far stretcheth this Grande Jugum But to a poor Twelve Pence The Speech was Insolent and in regard to Her Majesty's Honour I wish it might be answer'd There Pointing to the Bar. And the House said No No No. Mr. Bond said Mr. Bond 's Apology for himself I would be loth that any Speech of mine should offer any offence being spoken in the behalf of the Country for which I Serve I know their grievous Complaints against the Execution of Laws by Justices The word Luxuriant as I used it I wish may be Construed in this Sense All Penal Laws refer their Execution to Justices of the Peace In that Respect because the Authority of Justices of the Peace seemed to me to be too Powerful over the Subject in that Respect I thought it Luxuriari But I think far otherwise of these Church-Neglecters Mr. Martin said Luxuriari is to abound and therefore the Poet saith Luxuriatur agris And I wish all those that would slander Her Majesties Government by Colour of their Authority in Oppressing the Subjects that they may Perish A Bill against Drunkards and common haunters of Ale-houses and Taverns upon Ingrossment it was Read and Passed A Bill for Reformation of Abuses committed A Bill against Abuses in Inns c. in Inns Taverns Ale-Houses and Victualling-Houses was Read To which Sir Walter Rawleigh said Sir Walter Rawleigh against it That if a Man had a Mannor which might inquire for the Defaults of Ale-selling by full measure This Privilege was now lost by this Bill Another there was a dissability for ever after of being an Inn-Keeper How dangerous this might be to the Inheritance of those that had Inns some at One Hundred Pounds per annum and how dangerous to the Inn-keepers that might by negligence of a Servant suffer he left that to the discretion of the House Mr. Browne of Grays-Inn shewed That Sixteen Hundred Quarters of Malt was saved by this course taken in Somerset-shire that Mr. Phillips could testifie who is now Knight of the Shire And that in Wells the Lord Chief Justice of England affirmed That Fifty Quarters of Malt and Fifty Quarters of Barley were saved in one Year Mr. Serjeant Harris said If two False Witnesses come before a Justice and swear against a Man for a little short Measure he is without Remedy and every Punishment ought to be Secundum qualitatem delicti And for so small a Matter Disability is too great a Punishment A Bill to avoid the Double Payment of Debts upon Shop-Books was Read Mr. Browne of Grays Inn found indeed a considerable Fault in this bill by reason of the Generality which was Debts and not set Debts upon Shop-Books So it was found to be true and the Bill was like to be cast out for the House would not have had it mended Sir Robert Wroth said I have been of this House these Forty Years and ever knew that a Bill before Passage might be Amended So it was in the Bill for Tillage the Last Parliament Wherefore I would wish That it might rest until to Morrow and then to be Amended And all cryed I I I. On Thursday Decemb. 3. A Bill for the Repairing and Amending of Two Bridges over the River of Eden in the County of Cumberland adjoyning to the Walls of the City of Carlisle was Read the second Time and Committed The Place appointed for Meeting was the Checquer-Chamber to Morrow in the Afternoon A Bill for Curriours A Bill for Strengthening the North-Parts and for Building of a Peer at New-Haven Read the second Time and Committed The Committee to Meet in the Exchecquer-Chamber to Morrow in the Afternoon A Bill to
avoid Idleness and for setting the Poor on Work Which Bill is in manner of a Monopoly for there be certain named in it who undertake to keep Fifty Thousand Poor on Work in making Pins Wool-Cards Needles c. A Bill for Reformation of Abuses in Buying and Selling of Spices and other Merchandises was brought from the Committee and Ordered to be Ingrossed A Bill for the Enlargment of a Jointure to Rachel Wife of Edward Nevill of Burling in the County of Kent Esquire A Bill for the Perfecting of the Jointure of the Lady Bridget Countess of Sussex Wife of the Right Honourable Robert Earl of Sussex Read and Committed A Bill for the Confirmation of the Sale of certain Lands sold by Lewis Lord Mordant c. Read and Committed to the former Committees Mr. Edward Mountague said Mr. Speaker Mr. Mountague's Charitable Motion I will make a Charitable Motion which I hope will tend to a Charitable End and briefly it is this That no private Bill may Pass in this House but the Procurers to give something to the Poor Mr. Secretary Cecil said My Motion is stirred up Secretary Cecil seconds it with some Alteration with the like Charitable Affection which first moved the Gentleman that last spake only I disagree from him in the Manner We see the Streets full of Souldiers some Maimed some Poor but all Distressed Our ordinary begging Poor are all Provided for and Statutes made for their Maintenance I would only move thus much to the House That this Contribution proceeding out of our Charity might be only imployed to the Relief of them who have ventured their Lives to defend Us. The House said it was a good motion and so generally agreed unto it Mr. Richard Messenger said Mr. Messenger for the same I would but move the House only that they which have already had any Bill passed this House this Parliament may also be Contributary as well as they which are to come Mr. Mountague said Mr. Mountague particularizes the Sums Because I offered to the Consideration of this House this motion first I will presume also more particularly to deliver my Opinion I think for every private Bill for Sale of Lands Ten Pounds a reasonable Benevolence and for every Estate for Life or for Jointure Five Pounds Mr. Ravenscroft said I would only move to know whether this should remain as a perpetual or temporary Order for this Parliament Mr. Secretary Cecil said The House only means it for this present and all said I I I. And so the Order was entred accordingly Mr. Dannet Mr. Dannet's Speech and Motion against the Pirates of Dunkirk and Newport a Burgess for Yarmouth said Mr. Speaker the Duty that I owe to my Sovereign and Country makes me bold to crave your Patience to hear me The Matter that I shall speak of is twofold The First concerneth the honour of the Queen The Second the safety of our Country Two very high points for me to handle and require a more Eloquent Discourse than I am able to make I will use no Circumstance or with superfluous Matter abuse the time which is precious but to the Matter I have been of the Parliament Five or Six times and I have alwayes observed by this House and I would willingly be resolved by the Honourable about the Chair that all the Wars of Her Majesty are offensive and I do not hear the contrary How then comes it that such a Number of Her Majesty's Subjects be Spoiled Robbed Beaten Wounded themselves taken and used with such extream Torture Racked Carried away Imprisoned Ransomed Fined and some times Executed and all this time no Wars But give me leave to say for these Ten Years I am sure the Subjects of this Land on the Sea-Coasts have undergone these Tyrannies And by whom Even by two base Towns Dunkirk and Newport Dunkirk began with Two Ships and are now increased almost to Twenty they be at home at Supper and the next Day here with us I must needs confess that the great Charge that I know the Lord Admiral is at Continually by lying ready to take these Pirates is much but send to take them they straight Fly home If our Ships return they are straight here again I dare boldly say they have done England more hurt since they began than all France either in the time of Hen. 8. Edw. 6. or Queen Mary If it be so that these Two base Towns shall so affront the Power of this Land I see no Reason they should be suffered For it is a great Dishonour both to the Queen and the Kingdom I have heard many say That the Navy of England is the Walls of the Kingdom and yet we suffer our Ships still to be Destroyed some to be Burnt some to be Sunk before our Faces We may compare our Sea-men to Sheep Feeding upon a Fair Mountain in the midst whereof stands a Grove full of Wolves Why Mr. Speaker we are so plagued with them that they are so bold as now and then to take our Harvest-Men tardy by Ambuscadoes I speak it with Grief and it was Reported unto me by a Scottish-Man that Duke Albertus and the Infanta should openly publish That they would pull down so many of the Walls of England that they would easily make an Entry and it had been better for Sea-Coast-Men to have given the Queen an Hundred Subsidies that they had been long since Suppressed My humble Motion is That it would please the House to enter into Consideration of these things For the Honour Good and Safety both of the Queen and Kingdom ' Mr. Peake said Mr. Peake I must needs shew unto this House upon so good an occasion offered how grievously the Town of Sandwich for which I serve is vexed and almost undone insomuch as that in that Town there is neither Owner Master nor Mariner that hath not felt it Her Majesty is continually at Charges but what insueth or cometh of it I never yet knew In the County of Kent at Shooters-Hill Gads-Hill Barram-Down c. if there should be several Roberies Committed and the Justices look nothing to it it would be taken in ill part Every day Men come home their Goods and al they have is taken away yea their very Apparel And if the Ships might be also carried away they would do it This would be Amended and looked unto we have need to Cherish this Subject For I think him to be the best and most necessary Member of the Common-Wealth I mean the Navigator Mr. Martin said Mr. Martin I like not these Extravagant Speeches in the Manner though I mislike them not in the Matter they are like to Men whose Houses being on Fire forgetting themselves run out into the Streets like Mad-Men for Help That that Cottage of Dunkirk the Flourishing Estate whereof is a dishonour to our Nation should so much offend us when we never offer to oppress them is a Marvail I think there is no
into a Consumption the State cannot Choose but shortly be Sick of that Disease It is inclining already A Certainty of Gain is that which this Law provides for And by Policy of Assurance the safety of Goods is Assured unto the Merchant this is the Loadstone that draws him out to adventure and to streach even the very Punctillio of his Credit The Committees have drawn a New Bill far different from the Old the first limitted power to the Chancery this to certain Commissioners by way of Oyer and Terminer The first that it should only be there this that only upon Appeal from the Commissioners it should be finally Arbitrated But lest it should be thought to be very vexatious the party Appellant must lay in deposito c. And if upon Hearing it goes against him must pay double Costs and Damages we thought this course fittest for two Reasons First Because a Suit in Chancery is too long a course and the Merchant cannot indure delays Secondly Because our Courts have not the knowledge of their Terms neither can they tell what to say upon their Cases which be Secrets in their Science proceeding out of their Experience I referr the Bills both Old and New to your considerations wishing good Success therein both for comfort of the Merchants and Accomplishment of our desires The Bill is intituled An Act for Policy of Assurance used amongst Merchants Sir Edward Hobby said It was the good pleasure of this House Sir Edward Hobby to referr the consideration of an Information Exhibited against a Member of this House one of the Burgesses for the Town of Leicester viz. Mr. Bellgrave the Scope and purpose of which Information pretendeth an Abuse to be done to this High Court. The Gentleman himself was at the Committee and did acknowledge the substance of the Suggestion but denyed the Circumstance Some of the Committees Censured it to be an Enormous fault to invest himself for so the words of the Information are in a blew Coat but others were of a contrary opinion because they were satisfied upon Allegations Alleadged that it was done ad reducendam vexationem which had been offer'd unto him and so he thought to right himself this way Besides I am to inform the House that this information is put in Sedente Curia and therefore thought by the Committees some disgrace to the same And because this Gentleman should not take benefit of this Pardon therefore the Information is now put in as I said Sedente Curia which I wish the House to Note And because he should be debarred of remedy against the party he hath therefore caused the same to be Exhibited in Mr. Atturney-Generals name May it please the House because he desireth to be heard and being now here that he may speak for himself in that he told the Committees he had some special matter to deliver unto you and if he shall be found Culpable he would most willingly abide your Censures But because some other Bills were to be read of importance this was referred over till some other time A Bill for continuance of divers Statutes and repeal of some others Mr. Francis Moor desired it might be read and also the Exposition of the Justices upon the Statute of 39. Reginae concerning Rogues which if it please the House he thought fit to be Annexed to that Statute Mr. Bacon said Mr. Facon speaks against a Bill and dashes it There were never yet but two Articuli the one Articuli super Chartas when the Sword stood in the Commons Hands the other Articuli Cleri when the Clergy of the Land bare sway and that done upon deliberation and grave advise I beseech you remember these are done by Judges and privately and perhaps in a Chamber And shall we without scanning or view Enact them It befits not the Gravity of this House And so after a long speech dashed it Doctor Stanhop and Dr. Cary brought a Bill from the Lords Intituled An Act for the more Peaceable Government of the parts of Cumberland Northumberland Westmorland and the Bishoprick of Durham A Bill to prevent the double-payment of Debts sent up to the Lords by Mr. Comptroller and others And a desire withall to have a conference with some few Touching the Bill sent from them of Eye and Dunsden to be re-united to the Mannor of Sunning The cause of this Conference came from a Motion made by Mr. Serj. Harris who said That for some especial cause and interest it was desired which I learned after what it was by Mr. Fettyplace Burgess of London that there was an admitting of all Assurances so the Londoners barred of their right which they had by reason this Eye and Dunsden were part of the Land assured to the City of London for the Loan of Twenty Thousand Pounds Lent to the Queen to be repaid at a certain time And if this Act should thus pass they were barred The Lords returned word That Ten of them would meet And so Twelve of our House were Chosen to meet them to Morrow in the afternoon Mr. Bacon Mr. Bacon upon a question that should have been propounded to the House whether the Statute 39 Elizabeth Touching Charitable Uses should be the General Act or the particular Act Exhibited by Mr. Philips said amongst many other things That the last Parliament there were so many other Bills for the Relief of the Poor that he called it a Feast of Charity And now this Statute of 39 Elizabeth having done so much good as it was delivered to the House And the Lord Keeper having told him that he never revoked but one decree of the Commissioners we should do a most Uncharitable Action to repeal and subvert such a mount of Charity and therefore said That we should rather tenderly foster it then roughly cry away with it I speak quoth he Mr. Speaker even out of the strings of my Heart which doth Alter my ordinary Form of speech for I speak not now out of the Fervency of my Brain c. So he spake somthing more against the Bill put in by Mr. Philips for Repeal by reason Bishops Lands were put in and Inrolments which he said was a good Fetch and Policy for the sole practices of the Chancery Mr. Philips answered Mr. Philips against Mr. Bacon That he would not speak as he had spoken rather out of Humor than out of Judgment neither had he brought to the House a Market-Bill or Mercers Bill concerning the State And so after many perswasions for the Bill and bitter Answers to Mr. Bacon he ended with a desire to put it to the Question whether it should be Repealed by the publique Act or his private Bill Mr. Johnson moved That the Question might be Whether it should be as well in the General Law as the particular Mr. Glascock said Glascock contra Philips I think the Gentleman that last spake Mr. Johnson a surveyor hath better Skill in Measuring of Land than Mens Consciences
Bellgrave I ever took him and so still 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 Mr. Dale said Id possimus quod Jure possimus and therefore resting in doubt herein the safest course is a Conference Mr. Tate said It is not good to utter suddain Thoughts in great matters Our Dispute may seem to have this end either to Incur the danger of our Priviledges by not regarding this Cause or to pry too neer into Her Majesties Prerogative by Examining Informations exhibited into the Star-Chamber wherefore I think we ought to be Petitioners not verbum Petitioners or at least to shew our Griess to the Lords And if by an 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 Pensioner Mr. Skipwith for Belgrave said If I knew or did think there were any Wrong done to the Earl of Huntington I would rather be a Petitioner for this Gentleman unto him than I would be a Protector of him against him I know Mr. Belgrave wrote 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 mans in England This I take it may satisfy 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 assure this House they were both willing and worthy to be deceived I know they had given their Voices and desired Mr. Bellgrave to undertake it For the Wrong to this Court I hope this Court hath wisdom enough to Right it self without any Course in the Star-Chamber yet by your Favours I may say thus much That if we should Punish him for coming Indirectly to this Place we should Punish three parts of the House for none ought to be Chosen but those that be resident and sworn Burgesses of the Town Sir Robert Wroth said Sir Robert Wroth brings a precedent This matter needs not so much Dispute In the last Year of Queen Mary in the Case between Pleadal and Pleadal it pleased the Lords of the Star-Chamber Sedente Parliamento to bind the one at the Suit of the other to appear 12 days after the Parliament and this was adjudged to be an Infringment of the Lberties of this House Mr. Davis said The Information savours more of Wit than Malice and therefore I think that upon Conference with the Lords the matter may be brought to a 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 Mr. Cary said As I take it Mr. Speaker the Course hath been that if the House hath been 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 brought into this House And upon view thereof perhaps this matter of Dispute would have an end Sir Francis Hastings offer'd to speak again in this matter Sir France Hastings Speakes Again Mr. Bacon interrupts him And they contend a while with reproaches but Mr. Bacon interrupted him and told him It was against the Course of the House To which he Answered He was old enough to know when and how often to speak To which Mr. Bacon Answered It was no matter for that but he needed not to be so Hot in an ill Cause To which Sir Francis replied In several matters of Debate a man may speak often so I take it is the Order He pointing to Mr. Bacon talkes of Heat If I be so hot as he Was Yesterday then put me out of doores The only thing that I would say is this I wish a Conference may be had with the Lords because the matter may be brought to some friendly end For God knows what may lie in the Deck after the Parliament and I suspect it the more because the Information is filed and no Process sued out Mr. Greenvil said I wish that in our Conference A Conference agreed by the Lords we do not neglect our Privileges and that we may be a means of Mediation So Mr. Comptroller and others were sent to desire a Conference which was agreed unto by the Lords and the time appointed to be on Thursday Morning at Eight of the Clock Mr. Speaker said I am to certifie you from the Lords of a great disorder committed by the Pages and Servants as well of the Lords themselves as of your Servants So that not only Abuse is offer'd but Weapons and Blood drawn For remedy whereof the Lords have given strict Commandment That their Servants keep peaceable and quiet Order and that neither their Pages Attendants nor Servants do stand upon the Stairs or neerer the House than the Stair-foot They desire that every Member of the 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 and all said I I I. Mr. Wiseman said The disorder Mr. Speaker speaks of is now grown so great that they have their Passes and Repasses and men dare not go down the Staires without a Conductor So the Serjeant went and delivered the Message and the Abuse was well Reformed The Bill for Assuring of a Joynture to the Countess of Sussex Mr. Serjeant Yelverton Dr. Cary and Dr. Stanhop came from the Lords and Serjeant Yelverton signified the Lords Desire of a Conference in the Bill for Patents made by the Queen and Grants to her c. Which the Lords did the more Respect because it was recommended to them from the House the time appointed to Morrow Morning at Eight of the Clock the Number 20. So after they went out it was agreed They should meet with a convenient Number and then they were called in again according to the Ceremony of the House and the Houses resolution deliver'd to them Mr. Serj. Harrts said Mr. Speaker The Ancient Use hath been always to double or treble the Number The last Committee were about Sixty I think by reason they were Committees and are best informed that they should attend the Lords And so it was agreed His conceipt was Sell the great Bell to buy the little Bell a Clapper In the afternoon in the House the Bill for Fustians was to be debated but by reason the Devonshire-Men made a Faction against it after small Dispute it was put to the Question whether it
Privilege and said that he was not priviledged from an Execution And so being carried to the Counter he told the like to the Clerks who affirmed likewise that Priviledges would not stretch to Executions and therefore would not discharge him And therefore I Pray that both the Clerks Mathews and the Serjeant may be sent for And so it was Ordered they should Appear to morrow in the Forenoon The Bill against ordinary and usual Swearing was ordered to be Ingrossed and so Passed The Bill that Concerns Captains Souldiers and Mariners which came from the Lords was Read the first time The Bill for Relief of the Poor was brought in with Amendments and agreed to be Ingrossed In the Afternoon The Bill touching the Weaving of Silk and Gold Laces after a little Debate by the greater part it was Rejected The Reasons against the Bill were 1. That it was Incroaching a Liberty to have two miles compass 2. That it was too General silk Wares and all other Stuffs 3. That it was a Prohibition of making or selling of Norwich Stuffs 4. That the search in the Bill was too General and the Forfeiture too great 5. That it was a discommodity to have all Silk Stuffs For Statute-Lace with a third of Silk will shew and sell better so of Stuffs for Childrens Coats That the Search was General as well within Liberties as without I offered to speak before the Question was half asked but could not be suffered the Noes were so great And it being put to the Question over-ruled and the Bill Rejected A Bill A Bill about the City c. that the City of London should have full Power and Government over and in the Liberties of St. Katherines Read To which Bill Mr. Wiseman spake and said Mr. Wiseman Argues against it That diverse particular Persons had Purchased Lands within the Liberty and had given much more for the same in respect of the Priviledge than otherwise they would have done And now this Bill wipeth away all their Right And Mr. Speaker I hope I may speak it without Offence This Parliament hath been more troubled with Bills for Incroaching Liberties about the City of London than any three Parliaments before Sir Steven Some said I am bound to defend London Sir Stev Some for the City and I cannot under your Favor suffer the Imputation laid against us For Mr. Speaker I say to you these Priviledges are the very sink of Sin the Nurcery of naughty and lewd People the Harbour of Rogues Theeves and Beggars and maintainers of idle Persons for when our Shops and Houses be Robbed thither they fly for Relief and Sanctuary and we cannot help our selves The City seeing this Purchased it of the Lord Thomas Howard supposing to have had all the said Priviledges but finding the contrary by Experience they now are inforced to sue for your Favours to have it pass by Act of Parliament This is the Cause and I leave it to your Considerations whereupon it was put to the Question and the House was Divided and the I I I were 94. and the Noes 86. On Tuesday Decemb. 15. A Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esquire Deceased liable to the payment of certain Legacies given by the last Will of the said John Flowerdewe and for the payment of diverse other Debts owing by the said Lucas in his life time Mr. Snigg moved to have the Bill for Clothing Read which was Read accordingly Mr. Phettiplace prayed the House to have consideration whether the Merchants were fit to have Consideration for Cockling and Squales and so to make abatement to the Clothier And he thought not because in outward shew it seemed good yet there lurks a hurt to the Merchant And so it was put to the Question and Ordered to be Ingrossed One Anthony Mathews a Surgeon who dwelt about Fleet-Bridg caused a Serjeant to Arrest one Curwyn Servant to Mr. Hudleston Knight for Cumberland It appeared that Curwin was a Solicitor and a Servant to the said Mr. Hudleston for three Years space and had solicited his great Cause in the Star-Chamber betwixt Delebar and himself the Truth of the Case was this Curwin falling into talk with another about Fleet-Bridg touching Mr. Hudlestons Cause they fell out there and Fought and Curwin was Hurt sore in the Hand so he went to this Mathews being the next Surgeon who dressed him and after it was agreed that Mathews should have for the Cure Ten Pounds viz. Four Pounds in hand and Mr. Hudlestons and his Bill for the Payment of the other Six Pounds when the Cure was done Which Bill was Read openly Now it was Averr'd and Confessed the Cure was done and that Four Pounds more was Paid and Mathews contented to forbear the other Forty Shillings untill the next Term following but it was not paid Whereupon the said Mathews it being three Years since due caused Curwin to be Arrested And Mr. Hudleston shewed this to the House and Offer'd so he might have his man free to pay the money due And because it was Averr'd that the Serjeant knew not of the said Curwins being Mr. Hudlestons man but only was told that he was one of New-Ian which indeed was true and he lay there in his Brothers Chamber yet served Mr. Hudleston and the Serjeant offered to Swear the same But the Serjeant said That after he was Arrested Curwin told him he was Mr. Hudlestons Man And Mathews said If you let him go I will be Answer'd by you look you to it Whereupon the Serjeant confessed he kept him and if he had Offended he submitted himself So the House Awarded the Serjeant should be Discharged paying his Fees and that Mathews should pay them And Mathews to pay his Fees and remain Three Days in the Serjeants Custody for procuring the Arrest And that Curwin should have his Writ of Privilege And so he had This Matter was argued diversly Whether he should be priviledged or no And some thought not but at length I stood up and shewed the House That he ought to be privileged for we had given Judgment in the like Case of the Baron of Waltons Solicitor this Parliament And thereupon it was put to the Question And Ordered he should be Privileged The House called to have the Bill of Ordnance Read and sent up Sir Edward Hobby said I shall move you in a Matter which though is seems distasteful in the beginning yet I doubt not but it will be very pleasing in the ending I am given to understand and I know it to be true for I saw it That the Lords have a Bill in their House Touching Transportation of Ordnance far more larger in Matter and more stricter in Punishment than ours is And where we stand so much upon the Words without License and spend time therein they make no such scruple but puts it absolute Besides I dare presume to
a Goose whether it be a Goose or a Gander he buyes it by the name of a Goose And surely Sirs because the Land came by a Match by a Woman with the Dibdens he would have it go with the Name of the Woman I think he deserves the name of a Goose if not of a Wood-Cock for his Conceit which though it be a meer Toy I wish it good passage For there is an Order that upon every private Bill something must be given to the Poor which will do them much good and no harm to the preferrers thereof A Bill for the Assize of Bread was this day Read and Ordered to be Committed A Bill for Reduction of all Brewers within two miles of the City of London to the Company of Brewers there A Bill against Ingrocers and Forestallers of Butter and Cheese A Bill against Cozening with False Dice A Bill for Reformation of Abuses in Physitians On Friday December 18. As the Speaker was comming to the House in the morning the Pardon was deliver'd unto him which he took and deliverd it to the House which they sent back again because it was not brought according to course The Collection for the Clerk of the Parliaments Servant supplying his masters Place of Twelve Pence a piece according to Mr. Wingfeilds Motion Yesterday was made which amounted to about Twenty Five Pounds Mr. Boyer Secretary to the Lord Treasurer sitting in the middle of the House on the left side as you come in next to Mr. Skipwith of Lincolns-Inn swoonded upon a suddain and was Recovered within a quarter of an hour It was said he had a spice of the Falling-Sickness he was carried out by the Serjeant of the House and three of his men into the outer Room It was strange to hear the diversity of Opinions touching this Accident Some saying it was Malum Omen others that it was Bonum Omen Mr. Attorney General brought the Pardon Intituled An Act for the Queens Majesties most Gratious General and Free Pardon He came assisted on the Right hand by Doctor Cary and on the Left hand by Doctor Stanhop he also delivered unto us again our Subsidy Bill Intituled An Act for the grant of Four Intire Subsidies and eight Fifteens and Tenths granted by the Temporalty The Bill for Auditors was brought from the Committee by Mr. Secretary Cecil Mr. Hackewell made a Motion that the Speaker might say something touching the transportation of Ordnance That seeing the Bill in the lower House is fallen into an everlasting sleep and that he knew not thereof before this day he could not be blamed for that which he could not have spoken before this time but nothing was replied or done The Subsidy of the Ciergy was sent in a Roll according to the usual Acts to which Sir Edward Hobby took exceptions because it was not sent in a long skin of Parchment under the Queens Hand and Seal so it was sent back and then the other was sent Quere of Mr. Phetyplace and Sir Robert Wroth What was done with the Money viz. 10 s. of every Knight and 5 s. of every Burgess collected for the Poor and how it was agreed to be distributed On Saturday Decemb. 19. about nine of the clock in the morning this day being appointed to be the last day of the Parliament and her Majesty appointed to come to the House as the House sat quietly one talking with another about a hundred being in the House Mr. Wiseman stood up and said Mr. Speaker because I see our business is at an end and that now we have little to do but only to attend her Majesties pleasure A Case put by Mr. Wiseman discussed c. I will be bold to put a Case to the House upon one of our new Statutes of Rogues offering the Resolution thereof to your considerations the Case being common and sit by every man here to be understood It is thus A woman is begotten with Childe in one house and before she appears to be with Childe she goeth away and serveth in another house in another County My Question is Where this woman shall be relieved and where this childe shall live Mr. Brown of the Court said In my opinion the woman is to be relieved and the childe also where it is gotten for their Masters may look better to them than let their servants be so lewd And therefore this coming by his negligence or want of care or perhaps by his too much familiarity with his servants I see no reason but he in whose house the childe is gotten should be charged with both Sir George Moore said Partus sequitur ventrem the Child followeth the Mother and therefore where the Statute alloweth help to the Mother there is relief also to be given unto the Childe Mr. Phetyplace said I know not how it is in the Country or in other places but in the City I am sure the man of the house is ever the reputed Father till the true Father be known or confessed by the Mother If the Father be known and able to keep the Childe then by the Law he is constrained to relieve the woman and the Childe if he be not able the use with us in London is That the Childe shall be delivered to some Hospital or to the Parish there to be relieved Mr. Wiseman said I think I am not to be debarred from speech for this is not More Parliamentario but that I may deliver my Opinion And I shall rather hold she is to be relieved by neither but that it should be accompted for her own sin and her own impiety and the example of Penury in no relief is better than any Admonition And if some straight and severe course be not used the sin is so common that in short time we shall have nothing more common especially when we do use such cockering of them as we now do and count it a matter of charity to relieve them Mr. Francis Moore thought that both in charity and by law they both ought to be relieved by the express words of the Statutes Mr. Speaker moved the House to know their pleasures whether they would adjourn the House till one of the clock and as they were rising Mr. Herbert Crofts said Mr. Speaker though my Motion perhaps may seem unseasonable yet I beseech the House to consider with me a Speech that consisted yesterday of four parts it being Mr. Hack-well 's Speech laying open the dangerous mischiefs that come by transportation of Ordnance and that due reformation thereof may be had for restraint of private transporting I would onely put the House in mind and you also Mr. Speaker that the Gentlemen which yesterday moved it desired that Mr. Speaker might say something thereof to her Majesty in his Speech to be inserted which I do again desire the more earnestly because our Bill is fallen as he said into an everlasting sleep and we have no remedy but by her Majesty Mr. Speaker said If it please you
to the Bar with Counsel p. 309 Forcible Entries a bill to explain the Statute of 8 Hen. 6. concerning them p. 11 Forestallers a bill against them p. 102 Forms of speech in French at the passing of Acts p. 12 13 49 50 Foul play in the House complained of and briskly argued p. 321 A great stir about it Ibid. French King made great by the Queens supports p. 182 Fuel a bill for the Size of it p. 146 Furnaces see Glass-houses Fustians a bill about them p. 113 G Gaging Brewers and others to be heard about it p. 24 Garbling a bill for reforming abuses in it p. 121 Gavil-kinde a bill to alter the nature of it p. 113 Arguments about it p. 303 Glass-houses and Furnaces a bill about them p. 27 Government of Cumberland Northumberland Westmerland and Durham a bill to make it more peaceable p. 136 Grammar-School of Tunbridge a bill to assure its maintenance p. 11 Grammar-Schools a bill for good order in them p. 113 Grants made to her Majesty a bill to confirm them as also Letters Patents made by her p. 133 H Hartlepool a bill for maintenance of their Poor p. 22 Hats and Caps a bill for their true making p. 253 Hawkers a bill against them p. 210 Heale Sergeant hum'd and laugh'd at p. 205 Is shew'd his mistake Ibid. Hemp it s sowing in England opposed by Sir Walter Raleigh p. 188 Herrings see Fish salted Horses a bill for their breed and increase p. 133 To have Horse Armour and Weapons p. 7 Horse-stealing a bill to prevent it p. 6 106 Hospitals a bill for their erection p. 106 A bill for that of Lamborn p. 10 A bill for that of Bristol p. 88 A bill for that of Warwick p. 93 A bill for that of S. Bartholomew p. 221 A bill for Nevil's Hospital in Yorkshire p. 111 House the Lord De la Ware petitions for his place in it p. 83 Hue and Cry a bill touching it p. 105 Husbandry and Tillage a bill for its increase p. 5 A bill against its decay p. 97 I Impropriations a bill to relieve the Poor out of them p. 107 Inclosures and Inmates a bill to restrain them neer London and Westminster p. 77 Inclosures and Tillage a bill concerning them p. 105 Innes c. a bill to reform disorders in them p. 17 See it debated p. 278 Innovation complained of against the Lords p. 93 Their resolution thereupon p. 94 Invasions greater intented than ever heard of p. 33 Inventions new a bill to monopolize them thrown out p. 311 Journal the Lord Treasurers motion about it p. 83 Joynture a bill to assure it p. 9 See p. 95 98 142. Judges joyned Committees with the Lords p. 5 Justices of Peace their luxuriant power a Grievance p. 275 A hot contest about them p. 275 276 277 A fling at them by the by p. 268 Reflected on from the Queen p. 151 Further Reflections p. 355 A motion against their slanderers p. 277 Jurors a bill for their relief p. 69 K L. Keeper Sir John Puckering his Speech in Parliament p. 32 Answers the Speaker of the Commons p. 36 Replies to him p. 37 His second Reply p. 47 Sir Tho. Egerton his Speech p. 79 80 81 He answers the Speaker p. 150 His Speech in the Star-chamber by the Queens command p. 353 Kersies a bill to repeal a Statute made 14 Reginae p. 284 L Labourers a bill to explain the Statute 5 Reginae p. 89 Lands Bills for sale of them p. 9 88 96 Forfeited for Treason confirmed to the Queen p. 40 Proceedings thereupon Ibid. See Bills for other Sales p. 70 136 Laws superfluous and burthensome a bill to abridge and reform them p. 103 Often spoken against and argued by many p. 180 193 Lease from her Majesty a bill to confirm it p. 91 Leases made by Archbishops and Bishops a bill about them p. 107 Lessees to enjoy their Leases against all Patents p. 96 Letters Patents for Lincoln a bill to confirm them p. 67 Libel complained of called The Assembly of Fools but found to be an old Toy p. 217 License to depart given by the House p. 23 27 Licenses for Marriage their abuses moved against p. 104 Lincoln and Nottingham a bill to confirm Statutes Merchants there p. 114 Logwood a bill to establish it in dying of Cloth c. p. 111 London a bill to confirm the authority of the Lord Mayor in St. Katherines p. 224 The Sheriffs committed 35 H. 8. p. 196 Longford Estover a bill for rebuilding of it p. 103 Lords temporal present at a dissolution of Parliament p. 12 Both spiritual and temporal at commencement p. 13 129 Losses casual a bill for relief of prisoners and others so impoverished p. 107 M Maltsters a bill to suppress their multitude p. 103 Mannors and Lands a bill to give leave to alienate p. 113 Mariners a bill for their increase and maintenance p. 86 A bill for well ordering them and Sea-men p. 113 Marshals man brought before the Lords for an Arrest p. 87 Message from the Queen by Mr. Speaker about Monopolies p. 248 Seconded by Mr. Secretary Cecil p. 249 Joyfully received p. 252 Thanks ordered to be returned p. 253 A motion to record it and further spoken to p. 257 258 Another from the Queen by Mr. Comptroller p. 261 Misdemeanours in leud and idle persons a bill to prevent them p. 133 Mistake about an Adjournment p. 102 About the Question p. 66 About the manner of receiving Bills p. 94 Money transported impoverisheth the Realm p. 21 Better for this Kingdom if none in the world p. 225 Monopolies their Grievance p. 130 Several smart Speeches on that subject p. 230 c. See much more to the same purpose p. 238 239 240 c. Morter-makers alias Plaisterers p. 314 Mortmain a bill touching it p. 21 Motions made by several p. 61 68 One by Sir Arthur Gorge about Justices noted by Secretary Cecil p. 204 Another by the Speaker in behalf of the Clerk p. 16 Musters c. a bill concerning them p. 133 Lawyers to be exempted a pleasant motion p. 329 N Naturalization several bills for several persons See p. 11 40 44 69 78 144 Navie a bill for its maintenance p. 137 Navigation see Mariners Newcastle a bill to confirm Statutes Merchant acknowledged there p. 124 Newport see Dunkirk Two base Towns p. 280 Non-residents see Pluralities Northampton a bill for the Town p. 106 Norwich a bill to establish that Boshoprick against a concealed Title p. 90 Nottingham see Lincoln O Obedience a bill to continue the people in it p. 55 The Heads of it Ibid. Order of the Lords about Painters and Plaisterers p. 147 148 For the relief of Maimed Souldiers p. 42 Ordnance a bill to prohibit their transportation p. 291 Debates some for the bill and some for petitioning the Queen to revoke her Patent p. 291 292 c. The bill asleep in the Lower House p. 333 The Speaker promises to mention it in
his Speech to the Queen but does not p. 334 Which caused a Murmur Ibid. It is further spoken to Ibid. Orford-Haven a bill for its preservation p. 9 Outlawries secret a bill to avoid them p. 11 P Painters and Plaisterers to be heard p. 144 Their Case debated p. 270 271 See more p. 313 314 315 Painting a bill to prevent abuses in it p. 114 A bill of no great moment p. 191 Pamphlets published by Jesuits and Seminaries p. 331 Pardon free several bills for it p. 29 49 147 335 To be craved for extravagant Speeches in the House p. 252 Thanks for the same p. 12 150 335 It passeth at once reading whereas other bills have three p. 44 Parishes of 8800 and odde not above 600 afford a competency p. 218 Paris garden a bill to re-unite the Mannor p. 121 Parliament summoned to begin Nov. 12. prorogued to Feb. 4. 1588. p. 1 Dissolved March 29. 1589. p. 29 Passed into Acts 16 publick and 8 private Bills Ibid. Began Nov. 19. 1592. p. 31 Dissolved Apr. 10. 1593. p. 50 We have no account of the number of Bills Began Octob. 24. 1597. p. 79 Dissolved Feb. 9. 1597. p. 99 Passed into Acts 24 publick and 19 private Bills p. 127 48 Bills refused that had past both Houses Began Octob. 27. 1601. p. 129 Dissolved Decem. 19. 1601. p. 333 Passed into Acts 19 publick and ten private Bills p. 151 Parliament-man priviledged and his servant for fourteen days p. 225 One of them swooneth in the House p. 332 Several Conjectures about it Ibid. Patents Committees named for them p. 103 Patents and Patentees a List of them Ibid. Pawn-takers see retailing Brokers Pedegree of the Marquess of Winchester p. 195 Pelts see Sheep-skins People a bill to increase them p. 90 Perjury a bill to prevent it p. 221 Petty Larceny its punishment p. 71 Phesants and Partridges a bill to preserve them p. 132 Pins a bill to avoid their importation p. 92 Plaintiff to pay the Defendant costs being in Prison for want of Bail if the Suit go against him p. 123 Plaisterers see Painters Pluralities a bill against them largely debated p. 218 219 220 Plymouth a bill for the Haven p. 74 Prayer a Copie of that used daily in the Commons House p. 179 Preamble to the bill of Subsidie p. 70 Precedent a notable one p. 233 Precedents that Warrants of new Election ought to go from the Speaker the Parliament sitting p. 192 Printers a bill against their multiplicity p. 322 One over Guild-hal-gate p. 217 Priviledges of Parliament canvass'd p. 254 255 Priviledge not to say what they list but Yea or No p. 37 Broken by an Arrest complained of p. 225 Privie-Counsellors irreverence to them blamed by the Queen p. 47 Probate of Wills its abuses moved against p. 104 Process a bill for its better execution p. 70 Proclamations upon Fines at Common Law to be abridg'd p. 7 Proctors all the Spiritual Lords but one had two p. 4 Protest of the Commons p. 95 Proviso for the Lard Powes and Sir Edward Herbert p. 25 Proxies ordinary and extraordinary p. 34 38 39 Purchasers a bill to assure their Lands p. 68 Purveyors a bill to reform their disorders p. 17 The Queens care about them signified by Mr. Speaker p. 24 Q QUEEN comes to the Vpper House p. 2 4 31 45 129 334 She makes a Speech her self p. 48 Swears by God she will punish Cowards Ibid. She makes another Speech p. 263 264 265 266 Quaere Whether the Speaker have a voice p. 321 The Speaker declares he hath none by custom Ibid. What was done with the money raised for the Poor p. 333 R Raleigh Sir Walter his sharp Speech and great silence after it p. 235 He complains for liberty of speech p. 302 He blushes p. 232 Rapesdale in Lancashire a bill for its Inhabitants p. 107 Recusants and Sectaries very pernicious to Government p. 46 Recusants Popish restrained to some place p. 40 A bill about them p. 61 Relief of Thomas Hasilrig Esq a bill p. 18 Of George Ognel Esq a bill p. 20 Of the Citie of Lincoln a bill p. 25 Remainder of certain Lands of Andrew Kettleby to be established on Francis Kettleby p. 135 Repeal of a branch of a Statute of 4 5 Phil. Mary p. 73 Roan made Admiral threatens England p. 58 Robbing in the day-time though none in the house not admitted to Clergie a bill p. 96 Robberies a bill to suppress them p. 105 S Sabbath-breakers Examples of Gods judgments upon them p. 274 School of Tunbridge a bill for it p. 22 Schoolmaster a bill to maintain one at Wanting p. 103 Secrets of the House misrepresented and discover'd complained of p. 18 Sectaries see Recusants Seditious persons a bill to punish them p. 38 Sergeant of London sent for on an Arrest p. 85 Sheeps skins a bill touching their transportation p. 102 Sheriffs a bill to reform abuses in them and their under-Officers p. 141 Ships one English beat twenty Spanish till they got our Guns p. 293 One of the Queen 's a petty Princes wealth p. 59 One ready laden with 36 Pieces of Ordnance p. 307 Shop-books a bill to prevent double payment of debts upon them p. 111 Silk-weavers a bill to reform their abuses p. 222 Sollicitors a Bill about them Ibid. Their Character p. 201 None to sollicit but without fee p. 222 No Mechanick trades-man to be one Ibid. Souldiers see Captains A bill to reform sundry abuses done by them in the War p. 95 A Collection for them p. 41 Absent Members of both Houses to pay double p. 43 Mr. Secretary Cecil's passionate Speech for maimed Souldiers p. 307 Spain the practices of that King against England p. 183 184 The Spanish General 's Letter to the Irish Catholicks p. 351 Speaker Sir George Snag He is presented excuses himself is approved His Thanks and Petitions allowed p. 4 5 Edward Coke Esq His excuse not allowed his Petitions granted p. 53 His Speech p. 35 He speaks again p. 36 His Speech to the Queen p. 45 Serjeant Yelverton His excuses Petitions c. p. 82 He giveth a Caution p. 101 John Crook Esquire Recorder of London His Speech p. 131 149 He gives an account of the Queens Speech p. 71 272 He makes his Speech p. 334 Speeches of many worthy Members upon several occasions p. 56 57 58 59 60 61 62 63 64 65 66 Spinners a bill concerning them p. 73 Spur a Motion about an ancient custom of putting off the Spurs before entrance of Members into the House p. 181 Stanes Bridge a Bill for its reparation p. 110 Star-chamber persons present there p. 353 Statutes a bill to repeal certain of them p. 19 See p. 74 Stealing of horses a Proviso against it p. 189 A bill about stealing Oxen Sheep c. p. 69 Stealers of Corn and Fruit a bill against them p. 112 Stews their Case like that of Ale-houses p. 181 Being suppressed every house is a bawdy-Bawdy-house
Ibid. Sub-poena one served on a Member p. 212 Argued p. 213 Reasons offered for allowing it Ibid. Subsidies a bill for them requires not the Queens consent p. 49 Several Bills for them p. 9 126 142 Sir Walter Raleigh moves for them p. 197 Is seconded p. 198 How Edward the third rais'd money for his Wars p. 205 Succession a bill brought in about it by Mr. Peter Wentworth and Sir Henry Bromley p. 54 Her Majesty highly displeased therewith Ibid. They are first confin'd to their lodgings and at last committed to several Prisons Ibid. Suits a bill touching their multiplicity and the excessive number of Atturneys p. 17 Sunday a bill to prevent Markets and Fairs on that day p. 142 A bill to avoid Contracts made on that day p. 194 Whether taking a wife on that day be void Ibid. Supreme Kings of England have been so from Henry the third's time p. 36 And before the Conquest p. 37 Sussex and Surrey a bill against decay of Highways there p. 114 Swearing Mr. Glascock speaks to the Bill and lashes the Country-Justices p. 267 268 Swearers see Blasphemers T Taxes not so great as heretofore p. 81 Instance in Edward the third and other Kings Ibid. Tellers and Receivers a bill p. 85 Tenancy by Courtesie by the man and Tenancy in Dower by the woman to be lost in case of Adultery the Bill cast out p. 222 Tenements not to be made of great houses p. 77 Tenths see Disms and Fifteens p. 104 A bill for the Clergies better answering to the Queen Ibid. Term a bill to shorten that of Michaelmas p. 204 London-Burgesses oppose it p. 207 And therefore are not of the Committee Ibid. Thorns that prick and yield no fruit compared to multiplicity of Laws p. 180 Tidings glad the Queens Message about Monopolies p. 258 Tillage see Husbandry Largely debated p. 299 300 301 Timber its marking and sizing p. 76 Tin Sir Walter Raleigh urged to speak about it for several reasons p. 235 Tipling-houses a bill to suppress them p. 304 A Proviso for the Vintners Ibid. Several Speeches about it p. 304 305 Tobacco-pipes a Monopoly an idle conceit p. 247 Tower of London a bill for a Preacher there p. 110 The Prison of the House of Commons p. 260 Mr. Townshend of Lincolns-Inne the Collector of this Journal p. 239 He puts in a bill and speaks to it p. 200 He makes a Motion Ibid. He delivers a bill and speaks to it p. 221 L. Treasurer made Lord Burleigh and seated accordingly p. 97 Trifling Suits a bill to prevent them p. 136 Trinity the Lower House a new person in it p. 260 trinity-Trinity-house a bill for it committed p. 298 Tryers of Petitions p. 3 33 131 Trust a bill against imbezeling the Queens goods chattels or treasure p. 28 Tunbridge see Grammar-School Turks the Spaniards provision against them p. 184 U Vagrant see Seditious Vicarage of Rotherston a bill to confirm its Patronage p. 284 Victualing-houses see Innes Under-Sheriff of Surrey committed to the Fleet p. 135 Uncharitable action to subvert a mount of Charity p. 291 Votes when equal the Negative by custom carries it p. 134 Vouchers a bill to reform their abuses p. 89 Use in the House p. 293 Uses charitable a quoil about the Bill p. 298 Usher Gentleman to the Lords his request by the Lord Steward p. 133 W Wandering persons pretending to be Souldiers or Mariners a bill against them p. 112 Walls so curiously painted witness our Forefathers care in cherishing the art of Painting p. 316 Wanting a Town in Berkshire a Bill for mending its Highway p. 103 A bill for its Town-lands p. 105 Ward her Majestie 's Arthur Hatch a bill to enjoy a Rectory and Parsonage p. 87 War a curse to all people especially the Poor p. 307 Warrants for new Elections whence to proceed p. 192 Watches in the night a bill for setling them p. 193 Weapons see Armour Weavers see Spinners Their Bill put to the Question p. 303 Weeping for joy at the Queens Message p. 252 Weights false so numerous that we need no other metal to make Bells and Battlements for Churches p. 190 Weights and Measures the bill expung'd p. 197 A Groat makes all good Ibid. Whirpool of the Princes profits what so called p. 320 Whispering with the Lords p. 311 Wife hath no goods therefore shall not pay p. 228 Will and Testament of George Durant a bill to perform it p. 102 Lord Cobham deceased a bill to confirm it p. 136 Wish of Mr. Johnson and his good opinion of the Queen p. 236 Wood the bill for its Assize ordered to be ingrossed p. 303 Woollen Clothes a bill for them p. 68 Word the Ministers of it induced not to seek Bishopricks p. 187 Work-house for the Poor see Hospitals Workmanship and skill the gift of God p. 314 Writ of Prorogation p. 2 Writs of Errour to save discontinuance in the Exchequer p. 6 Of Covenant p. 25 Wye the River a bill for a Bridge over it p. 115 Y Yarmouth a bill to repeal part of their Charter p. 117 A bill for better measuring of seven miles from it p. 122 Z Zeal to her Country there will never be Queen with greater p. 266 The Queen shews much in her Message to the House p. 248
Tellers and Receivers c. was upon the second reading committed to all the Privy Counsellors of this House all the Serjeants at Law being of this House Sir Oliver Lambert Mr. Sollicitor Mr. Tasborough Mr. Francis Bacon Mr. Recorder of London Mr. Controuler Mr. George Moore and others who were appointed to meet in the Exchequer-chamber to morrow in the afternoon Dr. Muffet one of the Burgesses of Wilton being licensed to depart left 2 s. 6 d. with the Clerk of the House for the Poor and the Minister On Tuesday Decemb. 6. five Bills had each of them one reading of which the second being a Bill for establishing an Award made between Edward Cotton Gent. and Thomas Harvey Yeoman was upon the second reading committed unto Mr. Serjeant Harries Mr. Henry Warner Mr. Edward Lukener Mr. Recorder of London and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Amendments in the Bill for the Lord Montjoy being twice read the Lord Marquiss of Winchester and the Lord Montjoy with their learned Counsel were heard at the bar of this House before the said Bill and Amendments were put to the Question for ingrossing and after their departure the said Bill and Amendments was upon the Question ordered to be ingrossed On Wednesday Decemb. 7. five Bills had each of them one reading of which Bill against lewd wandring pretended Souldiers and Mariners the last being the Bill against lewd wandring persons pretending themselves to be Souldiers or Mariners was upon the second reading committed unto Sir William Moore Mr. George Moore and others who were appointed to meet this afternoon in the Exchequer-chamber The Bill also against stealers of Corn and Fruit was upon the first and second reading committed to the former Committees in the Bill against lewd persons c. The Bill against stretching and taintering of Northern Cloath was read the second time and ordered to be ingrossed The Bill for suppressing the multitude of Maultsters was read the second time and committed to the Burgesses of York Mr. Winch Mr. Yelverton Mr. Lukenor and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill for increase of people for the strength and defence of the Realm had its first reading Bill for increase of people Post Meridiem The Bill for granting unto her Majesty six Fifteens and Tenths Subsidy-bill and three entire Subsidies was read the first time On Thursday Decemb. 8. three Bills had each of them one reading of which the third being the Bill for the better staying of Corn within the Realm was upon the second reading committed unto Mr. George Moore Mr. Wiseman Mr. Edmund Bacon Mr. Colefield Mr. Berkby and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill against the bringing in of forreign Cards for Wooll was upon the second reading committed unto Mr. Serjeant Harries Mr. Serjeant Heale the Knights and Burgesses for London Mr. Hubberd and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill concerning Fustians was upon the second reading committed unto the former Committees The Bill for the increase of people for the strength and service of this Realm was upon the second reading committed unto all the Privy Counsellors being of this House Mr. Francis Bacon Mr. Sollicitor Mr. Mountague Sir Thomas Cecill Mr. Pelham and others who were appointed to meet this afternoon in the Exchequer-chamber Three other Bills had each of them one reading of which Bill to alter the nature of Gavil-kind the first being the Bill to alter the nature of Gavil-kind was read the third time and passed upon the Question The Proviso in the Bill concerning the Town-lands of Wanting was read the third time and passed upon the Question On Friday Decemb. 9. four Bills had each of them one reading of which the last being the Bill for the retaining well ordering and governing of Mariners and Sea-men was upon the second reading committed unto all the Burgesses of the Port-Towns the Burgesses for York the Knights and Citizens for London Dr. Cesar Mr. Whally and others who were appointed to meet on Munday next in the afternoon in Middle-Temple-hall The Bill for establishing of good order in Grammar-schools was read the second time and upon the several Questions for committing and ingrossing was rejected Six other Bills had each of them one reading Bill to confirm the Statute-Merchant the last being a Bill for the confirmation of Statutes-Merchant acknowledged in the City of Lincoln and Town corporate of Nottingham was upon the second reading ordered to be ingrossed Seven Bills were sent up to the Lords by Mr. Controuler and others of which one was the Bill concerning Fustians and another for the repairing of Stains-bridge and Egham-cawsey The Bill for Tillage and Husbandry was read the first time The Amendments in the Bill for the recovery of certain waste marish and watery Grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk being twice read the Bill upon the Question was ordered to be ingrossed The Bill for the Lord Marquiss of Winchester upon the second reading was committed unto Mr. Wingfield Dr. Cesar Mr. Maynard Mr. Henry Mountague Mr. Francis Moore and others who were appointed to meet to morrow in the afternoon in the Exchequer-chamber On Saturday Decemb. 10. three Bills had each of them one reading of which the last being a Bill against the decay of High-ways in the Counties of Sussex and Surrey was read the first time The Amendments in the Bill against stealing of Corn and Fruit was twice read and the Bill thereupon ordered to be ingrossed Three other Bills also had each of them one reading of which the second being the Bill for the well ordering of such as do practise the Science of Chirurgery was read the second time and after the doubtfulness of the Question three several times put it was upon the division of the House dashed with the difference of 29 Voices viz. with the No 102 and with the Yea 72. Two Bills were sent up to the Lords by Mr. Chancellor of the Exchequer and others together with a third being for the explanation of the Statute made 5 Reginae concerning Labourers Mr. Wiseman one of the Committees in the Bill against bringing in of forreign Cards for Wooll shewed the meetings of the Committees and that eleven of the Committees did onely meet and six of them do well like of the Bill and five do not and so deliver'd in the said Bill and referred the further consideration thereof to the House Mr. Serjeant Drewe and Dr. Stanhopp brought from the Lords two Bills lately passed in this House and now also passed with their Lordships with some Additions and Amendments the one of them being for erecting of Hospitals or Abiding and working-Working-houses for the Poor and the other for the establishing of
the Queens Hospital in Bristol and for the relief of the Poor and Orphans there Sunday Decemb. 11. On Munday Decemb. 12. the Bill for redressing the abuses and deceits used in Painting upon the second reading was committed unto Mr. George Moore Mr. Fettiplace Sir William Cornwallis Mr. Recorder of London and others who were to meet to morrow in the afternoon in the Exchequer-chamber The Bill for confirming the Letters-Patents granted to the Merchant-Adventurers of the City of Exeter was upon the second reading committed unto the Knights and Citizens for London the Burgesses for York Lynn and Newcastle Mr. Serjeant Heale and others who were appointed to meet this afternoon in the Middle-Temple-hall The Bill against the buying of Armour brought from beyond the Seas was read the second time and rejected upon the several Questions for the committing and ingrossing The Bill for provision of a Preacher in the Tower of London Bill for a Preacher in the Tower of London was upon the second reading committed unto all the Privy Counsellors of this House Mr. Henry Hubbert Mr. Lieutenant of the Tower Mr. Recorder of London and others who were appointed to meet to morrow in the afternoon in the Exchequer-chamber The Bill also for building of a bridge over the River Wye was upon the second reading committed unto Sir Robert Wroth Mr. Herbert Crofts Mr. Serjeant Williams Mr. Robert Knowls Sir John Scudamore Mr. Creswell and others who were appointed to meet to morrow in the afternoon in the Middle-Temple-hall The Bill for the Lord Thomas Howard was upon the second reading committed unto Mr. Chancellor of the Exchequer Mr. Francis Bacon Mr. Francis Moore Mr. Winch Mr. Sollicitor and others who were appointed to meet upon Wednesday next in the afternoon in the Treasury-chamber The Bill for the relief of the Poor was read the third time and passed upon the Question On Tuesday Decemb. 13. six Bills had each of them one reading of which the last being a Bill for the true making of Daggers Swords and Rapiers and of the blades of every of them was read the second time and rejected upon the several Questions for the committing and ingrossing The Amendments in the Bill for Bristol was thrice read and passed The Bill for the recovery of certain waste marish and watery Grounds in the Isle of Ely and the Counties of Cambridge Huntington Northampton Lincoln Norfolk and Suffolk was read the third time and passed upon the Question Which Bill and also the Bill for the relief of the poor which passed the House yesterday were sent up to the Lords by Mr. Controuler and others The Bill for Husbandry and Tillage was read the second time and after some Amendments therein by some of the Committees in the Committee-chamber of this House the said Amendments being twice read the Bill was ordered to be ingrossed On Wednesday Decemb. 14. five Bills had each of them one reading of which the last being the Bill for granting of three Subsidies and six Fifteens and Tenths was read the third time and passed upon the Question Mr. Atturney-General and Dr. Stanhopp brought from the Lords a Bill lately passed in this House entituled An Act for the explanation of the Statute made 1 Eliz. concerning Labourers shewing that their Lordships have likewise passed the same with some Amendments Two other Bills had each of them one reading of which the second being a Bill for the establishing of the possessions of the Bishoprick of Norwich was read the third time and staid from being put to the Question for passing till to morrow that the Counsel of one Mr. Leicester might be heard in this House Friday next is appointed to hear the Counsel learned of and concerning the Cause of Leassees and Patentees On Thursday Decemb. 15. two Bills had each of them one reading of which the second being the Bill for the lawful making of Bayes was read the third time and passed upon the Question The Amendments in the Bill for the relieving of Cloathiers concerning the weight of short broad and colour'd Cloaths to be made in the Counties of Suffolk and Essex were twice read and ordered to be committed The Bill for better staying of Corn within the Realm passed upon the Question and upon the division of the House after many Arguments with the difference of 29 Voices viz. with the Yea 124 Observation of a Ceremony of ancient custom used in the House of Com. and with the No 85. Whereupon after a Motion that according to the ancient custom of this House all the Members of the same which did speak against the passing of the said Bill should go forth of the House to bring in the Bill into the House again together with the residue of the Members of this House which went out before with the passing of the said Bill wherein as sundry Speeches were used pro contra so at last it was resolved it should be so done and observed for orders sake accordingly And then all the Members of this House being gone forth saving Mr. Speaker and the Clerk Mr. Controuler brought in the Bill in his hand accompanied with all the Members of this House and delivered the same Bill to Mr. Speaker according to the ancient former use of this House in that behalf observed On Friday Decemb. 16. five Bills had each of them the third reading and passed upon the Question of which one was against the stretching and taintering of Northern Cloath and another against the transporting of Sheep-skins and Pelts And a little after all the said Bills were passed in the House they were sent up to the Lords by Mr. Controuler and others The Bill for confirmation of the Joynture of Christian Lady Sands was upon the second reading committed to Mr. Controuler Mr. Secretary Mr. Brodgrave Atturney of the Dutchie Sir William Moore Mr. Edward Lukenor Sir Francis Hastings and others who were appointed to meet to morrow in the afternoon in the Exchequer-chamber After many Arguments in the Bill for increase of people for the service and strength of the Realm both for and against it a Motion was made That a Proviso ingrossed in Parchment might be added to the same Bill which being thrice read and the Bill and Proviso put to the Question the same did pass upon the Question and it was then ordered that the said Proviso should be inserted and written in the end of the said Bill as parcel thereof On Saturday Decemb. 17. the Bill for relief of Cloathiers concerning weight of short broad coloured Cloaths to be made within the Counties of Suffolk and Essex was read the third time and passed upon the Question and after upon the division of the House with the difference of 26 Voices viz. with Yea 105 and with the No 79 Which being done and a Motion thereupon made by some That those that did sit against the Bill might rise and go forth to fetch and bring in the Bill into this House accompanied with the
this House much more from the general State My Meaning was mistaken and my Words misconstrued yet both in Substance agreeing with Mr. Speaker Sir Edward Stanhop said I think in the Bill for Ale it were very fit that Power were given to Lords in Leets to take the like Penalty and to inquire thereof there And withal that they keep not Victualling nor sell Ale any longer An Act for Redress of certain Abuses used in Painting which when it was offered by the Clerk to be read he being asked by Sir Edward Hobby sitting by him What Bill it was he answered A Bill of no great Moment Nota The same was for the City of London only or for a certain Compass of Miles about it Sir Francis Hastings exhibited a Bill against Blasphemous Swearing At the Committee holden the said Fifth Day of November there were these Precedents shewed Precedents That ãâ¦ã of Parliament the ãâã for New Elections must go from the Speaker to prove That Warrants ought to go from the Speaker in case of Election of Knights and Burgesses in time of Parliament viz. First The Fourth of December 1584. 27. Reginae Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hydon but he chose Chichester and John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a New Election in Henden which bare Date the Tenth of December six Dayes after 27 Eliz. Secondly Nota. The Twenty-First of December 1584. The Writ bearing Test the Thirteenth of February for the same Matter In which the Style of the House is The Knights Barons Citizens and Burgesses Quod nota Thirdly The Nineteenth of February 1584. when Parry being Burgess of Queenborough in Kent was attainted for Treason a Warrant was directed to the Clerk of the Crown directing to make a Writ dated the Nineteenth of February afore-said In which Warrant under the Speaker's own Hand was inserted a Reason to this Effect viz. Because the said Parry is disabled by reasen of his Attainder Fourthly The Thirtieth of November 1584. Thomas Bodithe was elected Burgess of Portsmouth and also Baron of one of the Cinque-Ports viz. Hithe but he took Portsmouth and refused the other A Warrant was directed as above-said but no Test of the Writ was there Fifthly The Twenty-Eighth of January 1584. Alexander Pymm Esquire was chosen Burgess of Taunton Being Deceased a new Warrant was directed from the Speaker to the Clerk of the Crown and the Writ bare Test the Thirtieth of January Sixthly The Third of December 1584. John Puckering being Speaker was chosen Burgess for Bedford and for Carmarden who chose Bedford And a VVarrant was directed to the Clerk of the Crown from the Speaker to make a New Writ which bare Date the Fourth of December Anno 27. Eliz. All which VVrits were signed by the Speaker John Puckering For the Matter between Dr. Aubery Doctor of the Civil-Law and Mr. William Delabar Barrister at Common-Law touching the Burgeship of Cardigan in Wales the Case stood thus Cardigan being by antient Precedents ever since 1. Eliz. a Burgess-Town and ever the Return of the Indenture hath been for Cardigan only Now this Parliament the Sheriff of the Shire favouring a Town called Aberistowe after he received the Parliament-Writ sent his VVarrant to the Bayliffs of Aberistone to chuse a Burgess c. who chose for their Burgess Dr. Aubery and returned him Burgess of Cardigan and Aberistowe and shewed in the Indenture the Election to be made by both Towns and the Indenture was signed with the Sheriff's Hand On the other side the Bayliffs of Cardigan understanding the VVrit to be come to the Sheriff took notice thereof and without VVarrant from the Sheriff made an Indenture and Election of William Delabar and sent the same in a Letter unto him Mr. Delabar sought the Sheriff and his Deputy in London to deliver the Indenture of Cardigan but not finding him delivered the same to the Clerk of the Crown paid his Fees was Sworn and admitted into the House till this present Day Now at this Committee of Privileges Dr. Aubery came to complain The Committees found upon Examination of the Matter that the County-Court was kept at Aberistowe at Cardigan Alternis vicibus and that the County-Court was to be kept at this time at Aberistowe So when they went to Conference both Aubery and Delabar were desired to depart forth And upon Consultation these Questions arose First VVhether the House have Power to Fine the Sheriff because according to the Statute he sent not his VVarrant to Cardigan Next If he be punishable by the Penalty of the Statute Also If he have pursued his Authority in making an Election in Aberistowe VVhich were left with divers other Doubts to the Discussing of the House and to the Report of Sir Edward Hobby or Mr. Solicitor Also in the 23 Reginae a VVarrant directed to the Town of Hull from the Speaker Popham now Lord Chief Justice then Speaker Sir Edward Hobby at this Committee A Saying of Sir Edward Hobby said by Aubery and Delabar being the one Civilian the other a Common Lawyer That he might say of them as the Duke of Millan said of the Thief It 's no matter whether goes first the Hang-man or the Thief The Town of Harwich in Essex and New-Town in the County of Southampton returned Burgesses this Parliament which never did before On Friday Novemb 6. An Act for the Uniting Consolidation of certain small Churches in Exeter into one Parish Church An Act for the better setting of Watches in the Night Bill for Setting of Watchmen for the Apprehending of suspected Persons was Read To which Act Sir George More spake and said Mr. Speaker I am still of Opinion That it is good to have trial of Laws before we make them perpetual for those that be Night-walkers offend God do the Common-wealth no good and sin in both In my Opinion therefore it were good to limit the continuance of this Law and that the Defects therein may be the better Examined that it be Committed An Act to prevent and avoid divers lewd Misdemeanors in Base and Idle persons Doct. James a Civilian being a Committee brought in the Act against Drunkards and common haunters of Taverns and Ale-houses An Act for the Inhabitants of Rapesdale in the County of Lancaster touching the Buying of Wools. An Act for the better keeping of the Sabbath-day called Sunday was Read A Bill to avoid Contracts on the Sunday in which Act there was a Proviso That all Contracts made on the Sunday in Fairs or Markets should be utterly Voyd and the Goods so Contracted for Forfeited to the Queens Use Mr. Glascock of Grayes-Inn stood up and spake to this Bill and said Mr. Speaker I would willingly put one Case to the House Mr. Glascockk puts a Pleasant Case To know whether it be their minds If a Man take a Wife on a
the Speaker or intreat him to relate the same to the House Sir George Moore said Sir George Moore of the same Opinion I think as the Gentleman that last spake for the like Subpoena being brought the Last Parliament it grew a Question Whether it was an Impeachment to the Privileges of the House And after some Dispute an Antient Member of this House shewed divers Precedents how that the Minds of the Members of this House ought to be freed as well as their Bodies Whereupon two Members of this House were sent to require the Lord-Keeper to Reverse that Subpoena He also spake of a Quo Warranto for the Liberties of the Black-Fryars with-held Then it grew to a Question Whether a Burgess of the Parliament may be served with a Subpoena ad Testificandum and concluded He could not So after this Dispute it was agreed That the Serjeant should be sent to Arrest all those to appear that had procured the Subpoena afore-said to answer their Contempts with all speed Sir Francis Hastings stood up and made a Relation of the Proceedings which he with the other Committees according to the Commandment of the House the Day before had made He said Sir Francis Hasting 's Report We have called before us the Clerk of the Crown the Clerk of the Petty-Bagg and Our Clerk of the Parliament The Clerk of the Crown shewed unto us five Warrants and one Order all in one Course and one Form in 27 Reginae Three of the Warrants were directed to the Clerk of the Crown Two without Directions he shewed unto us Two Writs without Warrants Then we called the Clerk of the Petty-Bagg who would shew us no Warrants but only a Record of a Writ in his Roll 39 Reginae Only he said but we heard him not That Warrants had been granted to the Clerk of the Petty-Bagg The Clerk of the Parliament shewed unto us Two Precedents one of the Fifth and the other of Thirteenth Reginae both without Direction but with these or to the like Effect as I take it It is required such and such a Thing be done c. Sir Edward Hobby said Sir Edward Hobby 's Report Because the Truth hereof might be made more plain and that it pleased you to command my unworthy Self to attend Yesterdayes Service I will under the Favour of the Gentleman that last spake make a Repetion ab Origine a little longer than he did for your Satisfactions of this House and our Pains It pleased you to depute Six for this Service Five attended the Serjeant at Law Mr. Serjeant Harris of whose Furtherance we best hoped deceived both your and our Expectations The Clerk of the Crown the Clerk of the Petty-Bagg and the Clerk of the Parliament attended us The Clerk of the Petty-Bagg delivered unto us a fair Record containing a Writ sent out Sedente Parliamento for so are the Words It was for the Knights in Yorkshire and Lancashire c. This was all he could shew Only he said An old Officer would be sworn There were more but lost by Mr. Garth's Decease The Clerk of the Crown dealt with us two wayes The First By way of Experimented Officers The Second By way of Precedent For the First One Steven Browne was brought before Us who had been an Officer in the Crown-Office these Thirty-Six Years And being asked If he knew how Warrants were directed He answer'd That in the Time of the Lord-Keeper Bacon when he was Speaker of this House they were directed to the Clerk of the Crown Being further asked If they were ever impugned He answer'd No. Being asked Where these Warrants were kept He answered On the Labels in the House The said Clerk shewed us Five Precedents and One Order The rest were lost by Mr. Watson's Death as the other Precedents were by the Death of Mr. Garth The Clerk of the Parliament produced Warrants indefinite of 13 Reginae when Sir Christopher Wray Knight was Speaker As also an Order dated the Eighteenth Day of March 1580. die Sabbati That a Warrant should be directed to the Clerk of the Crown to Choose a New Burgess for Norwich instead of one Beamont The Words whereof were It is required by the Knights Citizens Burgesses and Barons c. And also another Order dated die Sabbati 18 March Anno 1580. In these Words It is further Agreed upon and Resolved by this House That during the Time of the Sitting of this Court there do not at any Time any Writ go out for the Choosing or Returning of any Knight Citizen Burgess or Baron without the Warrant of this House first directed for the same to the Clerk of the Crown according to the Antient Jurisdiction and Authority of this House in that behalf accustomed And another Warrant subscribed Henry Gates William Fleetwood who were Committees in Examining of a Cause touching one Henry Beremaker and Anthony Wilde The Effect whereof was That for as much as they were Arrested into the King's-Bench whereas we find them Privileged as Members of this House A Warrant was directed to the Clerk of the Crown for making VVrits of Privilege as afore-said Dated from Westminster the Sixth Day of December 1586. Therefore in my own Opinion His Opinion and according to these Precedents I think the Warrant ought to be directed to the Clerk of the Crown Sir George Moore stood up and shewed a Precedent Sir George Moore of the other Opinion Dated on Fryday the Second Day of March 35 Reginae Where a New Writ was to be awarded out concerning one Mr. Fitz Herbert and a Writ of Privilege to come from the Chancery And the Speaker made a Warrant to the Lord-Keeper to make a New Writ in the like Case both touching Southwark and Melcombe Re ' So I think the Warrant ought to be directed to the Lord-Keeper Mr. Tate of the Middle-Temple shewed That Ratio Legis Mr. Tate's Opinion was Annima Legis And he that presents a Precedent without a Reason presents a Soul without a Body There is a Difference of Writs There be Brevia ex gratia Speciali and Brevia Cursoria The Writs which we speak of are Brevia Cursoria And therefore when the Warrant hath gone from the Speaker to the Clerk it hath caused the Writs to be Sealed of course by the Lord-Keeper c. Mr. Secretary Harbert shewed How that He Secretary Harbert reports from the Lord-Keeper with the other Three by their Commandments had been with the Lord-Keeper whom we found most Honourably to Entertain both me and the rest and that his Lordship did greatly respect the Majesty and Gravity of this House and said He would be loth to derogate any thing from Either Notwithstanding he hoped and prayed That if any former Precedents had improvidently gene from this House or contrary to the most Antient Usage that we would now Settle our Resolutions and Establish and Decree that which might be a sufficient warrant unto him to