and Erisby against the Heirs and Assigns of M r Heronden was read tertia vice conclusa and sent to the House of Commons by Serjeant Gawdy and Serjeant Rolls Memorandum That this day before the passing of my Lord Willoughbies Act Edward Heronden came before the Lords and gave his Assent thereunto Vide concerning this matter on Wednesday the third day of this instant March foregoing Saturday next was appointed by the House for the appearance of M r Oughtred and the Earl of Sussex and Viscount Mountague appointed to talk with the Lady Marchioness about the assurance of her Jointure by a Parliament Nota That this matter was formerly debated on Tuesday the 7 th day of March in the last Parliament de anno 23 Reginae Eliz. and before also in this present Parliament on Tuesday the 9 th day of February last past when Committees were appointed about it Vide also on Monday the 29 th day of this instant March following M r Vinions matter of which Vide antca on Monday the first day of this instant March foregoing was again referred to the Master of the Rolls and M r Serjeant Rodes The Bill lastly for redress of erroneous Judgment in the Kings-Bench was read tertia vice communi omnium procerum assensu conclusa Sir Christopher Wray Knight Lord Chief Justice of England brought in also a certain Record touching a Writ of Error according to a Bill preferred to her Majesty and Signed with her Highness hand concerning the same Which see at large on Monday the 8 th day of this instant March following For though it was this day brought into the Upper-House yet it is likely it was not there publickly read until the said Monday and therefore it is Entred at large on that day in the Original Journal-Book upon which it was read and not upon this day when it was brought into the House by the Lord Chief Justice as aforesaid On Friday the 5 th day of March Seven Bills of no great moment had each of them one reading of which the second being the Bill for following of Hue and Cry was read tertia vice communi omnium procerum assensu conclusa On Saturday the 6 th day of March Four Bills were brought up to the Lords from the House of Commons of which the last was the Bill for the better and more reverent observing of the Sabbath to which the Lords having formerly added some Amendments had sent it back to the House of Commons where it first passed on Monday the 14 th day of December foregoing And upon this instant Saturday the said Commons sent it back again to the Lords with new Amendments upon their Amendments which said new Amendments of the Commons their Lordships did this Morning pass without further Disputation having read them prima secunda tertia vice Vide concerning this Bill of the Sabbath on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and Saturday the 19 th day of December foregoing As also on Wednesday the third day of this instant March last past and on Saturday the 13 th day of the same Month ensuing In all which days it will appear fully how hardly and difficultly it passed either House And yet at last when it was agreed on by both the said Houses it was dashed by her Majesty at the last day of this Parliament upon that prejudicated and ill followed Principle as may be conjectured that she would suffer nothing to be altered in matter of Religion or Ecclesiastical Government Vide itidem on Thursday the 18 th day of this instant March following Memorandum That whereas Ferdinando Clark one of the Ordinary Gentlemen of the Right Honourable Robert Earl of Leicester Lord Steward was committed to the Prison commonly called the Kings-Bench upon a Reddit se in the Kings-Bench for the discharge of his Sureties since the beginning of this present Parliament the Lords at the Motion of the Lord North in the name of the Lord Steward claiming the ancient priviledge of this High Court after the hearing of the Cause between the said Ferdinando and one John Lacy Citizen of London Ordered that the said Ferdinando by vertue of the priviledge of this High Court should be enlarged and set at liberty And further for as much as the said Ferdinando was not Arrested in Execution at the suit of the said John Lacy but was committed after Judgment by the Lord Chief Justice and the rest of the Justices of the Kings-Bench upon a Reddit se for discharge of his Sureties and their Bonds the said Lords Ordered that touching the sum of money recovered by the said John Lacy against the said Ferdinando Clark should stand to such order and mitigation therein as the said Lord Chief Justice of the Kings-Bench shall set down and order for the same And further Ordered that the appearance of the said Ferdinando Clark by rendring himself into the said Court of Kings-Bench was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds should be redelivered And it was further Ordered that ..... Catesby Marshal of the Kings-Bench should be discharged of the Prisoner and of any Action that might be brought against the said Marshal for the same On Monday the 8 th day of March to which day the Parliament had been last continued on Saturday foregoing the Record touching a Writ of Error which the Lord Chief Justice had brought into the Upper House on Thursday the 4 th day of this instant March foregoing was Entred in the Original Journal-Book and as it should seem read publickly in the House being in manner and form following Memorandum quod Christopherus Wray Miles Capitalis Justiciarius de Banco Regis secum adduxit in Cameram Parliamenti inter Dominos Breve de errore Billam per Reginam indorsat ' Rotul ' in quibus supponebatur error ibidem reliquit transcriptum totius Recordi cum Clerico Parliamenti simul cum praedicto Breve de Errore in Parliamento Et super hoc venerunt Richardus Harbert Johannes Awbery Willielmus Filian Simon Browne in propriis personis suis in Parliamento statim dixerunt quod in Recordo processu praedictis ac etiam in redditione Judicii praedicti manifestè est erratum in hoc quod posiquam Judicium praedictum in loqkela hac versus praefatum Thomam Gonnel redditum fait antequam praedictus Joh. Hunt hunc prosecutus suit impetravit praedictum primum breve de seire facias versus praefatum Richardum Harbert Johannem Awbery Willielmum Filian Simonem Browne Manucaptores praedicti Thomae Gonnell nullum breve de Cap. ad satisfaciendum pro debito damnis praedictis per praefatum Johannem Hunt in placito praedicto prosecutum returnatum suit versus praefatum Thomam Gonnell ubi per consuetudinem Curiae dictae Dominae Reginae coram ipsa
Cancelled and rased This I read in my Book For in this Case whatsoever a man tells me 〈◊〉 believe it not unless I see it written Non lego non credo in these Cases In the twenty third of the Queen I was of Councel with one in a Cause where we tryed all means to reverse a Judgment and brought a Writ of Error in the Parliament and the Writ was issuing out of the Parliament and upon the fieri facias was set Domina Regina and it was under the Great Seal of England and the Writ was returned in Parliament So this is plain the Writ is always returnable in Parliament but if in Parliament then of the Upper House for of that House we are but a Limb. This Writ I have seen then thus returned but never any man saw a Writ returnable in the Lower House so for this I hold the Writ cannot be returnable into this House But now for the Authority we have for though this be true I say yet I speak not to take any priviledge from this House for some things there are wherein we have Authority all of us But this is certain whatsoever we do sedente Parliamento it is the Act of the whole Court for the Lords without the Commons and the Commons without the Lords can do nothing Now then at the first before the division of the House all Writs were returned proximo Parliamento but since the division of the House it hath been always used and plainly it must be returned into Chancery And to say we cannot have notice of it nor cannot judge upon the Record being in Chancery plainly we may as well as we do upon the Return of every Burgess which is made into the Chancery and the Cause is all one And the Chancery in making the Writ will not alter from that their Warrant made from this House which must be according unto ancient form for waiting the other day upon my Lord Keeper by your Commandments for the making of this Writ I desired to have a recital added in these words Quòd cùm existente Parliamento captus fuit c. with the recital of the Cause of priviledge My Lord Keeper conferring with the Judges upon it would not allow it but thought better the usual form of Habeas Corpus should be kept without any suspicion of priviledge until there appeared a Cause of priviledge for the party As for the Book of 38 H. 8. Trewinnards Case recited in my Lord Diers I have heard great learned men say that that Cause is no good Law and that the House did more than was warrantable Now for the Motion of Conference with the Judges the Case of Thorpe 31 H. 6. is not able for this point I have the Record Thorpe was Speaker in that Parliament The Parliament being Summoned to be in June it was Prorogued until September in the mean time Thorpe was taken in Execution by the Duke of York he notwithstanding this thought to have had the priviledge of the Parliament At the next Sessions the matter being greatly considered whether he could have a priviledge or no a Conference was had in the Cause with the Judges the Judges being required in humble sort refused except it were so that the House did command them for in the House of Parliament the chief Judges and their Judgments are controulable by the Court but if the House did command them they would be willing to inform them what in their opinions they knew and thought This they did in the great Cause of Thorpe and I think we should do well in doing the like Now another thing is to be considered for Judicis Officium est ut res it a temperari c. The consideration of Time must accompany a Judges Office the Parliament draweth to an end and this would be done with expedition so the party was appointed to have his Councel the next Morning in the Parliament and they to be heard and have the advice of the Judges Vide the Resolution and Conclusion of this business upon Thursday the 5 th day of this instant April ensuing Thus far out of the aforesaid Anonymous Journal the residue of this days Passages and part of the next are inserted out of the Original Journal-Book it self M r Francis Bacon one of the Committees in this Bill for relief of Maimed Souldiers and Mariners appointed on Monday the 2 d day of this instant April foregoing shewed the meeting and travel of the said Committees and sundry Amendments thought good to be offered by them to this House and shewing the same Amendments with the reasons of them to the House the same Amendments were well liked of by this House and assented to be inserted into this said Bill and after the twice reading of the said Amendments the said Bill so being amended was upon the question Ordered to be ingrossed Post Meridiem Four Bills of no great moment had each of them one reading of which the first being the Bill for Naturalizing of Justin Dormer and George Sheppy born beyond the Seas had its first reading On Wednesday the fourth day of April M r Barker one of the Committees in the Bill concerning Spinners and Weavers who had been appointed on Monday the 26 th day of March foregoing shewed the meeting and travel of the Committees and their Amendments to the Bill praying the reading of the same Amendments which being read and ordered by the House to be inserted into the Bill the same Amendments were afterwards twice read and the Bill was upon the Question Ordered to be Ingrossed M r Wroth one of the Committees in the Bill concerning Brewers shewed the meeting and travel of the Committees and their Amendments to the said Bill and prayeth the reading of the same Amendments which being read and Ordered by the House to be inserted in the said Bill and also twice read afterwards was upon the Question Ordered to be ingrossed The Bill for Explanation of a Branch of a Statute made in the twenty third year of her Majesties Reign Intitled an Act to retain the Queens Majesties Subjects in their due obedience with some Amendments to the same was read the second time Upon which divers Speeches passed in the House before the said Bill was committed some of them being of very good moment Which because they are omitted in the Original Journal-Book it self are therefore supplied out of the often before recited Anonymous Journal in manner and form following Sir Thomas Cecill Doctor Lewen M r Sands Sir Thomas Heneage Sir Edward Dimock and some others spake diversly to this Bill touching the Explanation of a Branch of the Statute made in Anno 23 Regin Eliz. for reducing disloyal Subjects to their due obedience as is aforesaid Sir Walter Raleigh said In my conceit the Brownists are worthy to be rooted out of a Commonwealth But what danger may grow to our selves if this Law pass it were fit to be considered For it is to be feared that
directed unto him for a Proxie is but an Authority to give another man's assent which cannot be transferred to a third person yet doth the sending of one Proxie sufficiently excuse any absent Lord although the Peer to whom it is directed be not present himself but as soon as that absent Lord shall have notice that he or they whom he constituted for his Procurators do themselves send their Proxies also by reason of their absence then may he send another Proxie and constitute one other or more Proctors for himself and in his stead to give his voice de Novo as the Lord Vaux did in A. 18. Jacobi Regis After those Bloody and Intestine Civil Wars which had been raised in England in the year 1642. and that Robert Earl of Essex General of the Forces raised by the two Houses of Parliament against the King had by the Power of the Independent Faction over ballancing those who desired the settling of the Presbyterian Government been laid aside and Sir Thomas Fairfax Knight placed in his Room the opposition between those two Parties in either House of Parliament growing every day higher and higher the Aged Earl of Mulgrave being an Enemy to all Faction and Innovation was much troubled that William Viscount Say and Seale the chief Promoter of the Independent Novelties did make use of his Proxie for the acting and passing those particulars which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave And therefore my advise being desired by some of the Members of the House of Commons for the reminding him thereof I drew the Letter and Instrument ensuing being not only the first but the sole President also of this King which yet remains upon Record in the Office of the Clerk of the House of Peers To the Right Honourable the Speaker of the House of Peers pro Tempore My very good Lord I am humbly to request of your Lordship to communicate this my present Instrument under my hand and Seal to the House of Peers that it may be publickly there Read and remain upon Record in the Office of the Clerk of the same House Kenzington April 1646. I am Your Lordships humble Servant TO all Christian People to whom these presents shall come Edmund Earl of Mulgrave Greeting Know Ye that Whereas I the said Edmund Earl of Mulgrave have formerly constituted the Right Honourable William Viscount Say and Seal c. my lawful Actor and Procurator for me and in my name to give my Voice and Suffrage upon all such emergent Occasions as the same shall be requisite by the ancient Orders and Constitutions of the House of Peers That I do now by these presents Revoke and Vacate the Proxie by which I did formerly Constitute the said William Viscount Say and Seal my lawful Actor and Procurator as is aforesaid and do hereby declare the same Proxie to be utterly Annulled Vacated and Revoked to all intents and purposes whatsoever In witness whereof I have Signed and Scaled these presents this day of April in the 22th year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King etc. An. Dom. 1646. This Instrument was written and ingrossed in Parchment as a Deed Poll is and to it in a Libel of Parchment was the Seal of the said Earl of Mulgrave affixed and it was read and allowed in the House of Peers Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxie to the Earl of Essex who made use of it in the House of Peers and it was there allowed of without any the least question or dispute OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat ' et tent ' apud Westmonasterium etc. sufficientèr excusatum abesse nominare ordinare et constituere dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex meum verum certum et indubitatum Factorem Actorem seu Procuratorem per presentes eidemque procuratori meo dare concedere plenam Authoritatem potestatem pro me nomine meo de super quibuscunque causis negotiis in Presenti hoc Parliamento exponendis seu declarandis tractandi tractatibusque hujusmodi inibi factis seu faciendis consilium auxilium nomine meo impendendi statutisque etiam ordination ' quae ex maturo deliberato judicio Domincrum in eodem Parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi Caeteraque omnia singula quae in praemissis necessaria fuerint seu quomodolibet requisita faciendi exercendi in tam amplis modo forma ut ego ipse facere possem aut deberem si presens personalitèr interessem Ratum Gratum habiturus totum quicquid Procuratormeus statuerit aut fecerit in praemissis In 〈◊〉 rei testimonium praesentibus subscripsi Sigillumque apposui Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign upon the first day that any extraordinary Proxies were returned and I have caused not only the Presidents of this kind to be inserted here at large in respect this was the first Parliament of her Majesties Reign but also because they are more full and direct than any other that ensue to prove what hath been the ancient use and Priviledge of the Peers of the Upper House in the matter of sending and receiving of Lords Procuratory At first Nicolas Archbishop of York for the See of Canterbury remained still void since the Death of Cardinal Pool was constituted the sole or joynt Proctor of David Bishop of Peterborough Cuthbert Bishop of Durham Thomas Bishop of Ely Gilbert Bishop of Bath and Wells Henry Bishop of St. Davids and of Thomas Tresham Prior of St. Johns of Jerusalem all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned on Monday the 23th day of January on which this present Parliament was Summoned to have begun Francis Earl of Bedford was also Constituted the sole or joynt Proctor of 15 several Peers viz. of John Lord Mordant William Lord Paget George Lord Zouch and of Henry Lord Aburgaveny all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned this present Monday the 23th day of January He was also constituted the joynt Proctor of Edward Lord Clinton Lord Admiral Thomas Lord Sands William Lord Vaux of Heredoun William Lord Gray of Wilton and Henry Earl of Cumberland all whose Proxies are entred in such
with great care and charge to your Self And thus my Lords diversly bound as your Majesty hath heard are now to open to your Highness their humble Petitions and Suits consisting in two points chiefly which not sundrily or the one without the other but both jointly they desire your Highness to assent to The Former is that it would please your Majesty to dispose your self to Marry where it shall please you with whom it shall please you and as soon as it shall please you The second that some such limitation might be made how the Imperial Crown of this Realm should remain if God call your Highness without Heirs of your Body which our Lord defend so as these Lords and Nobles and other your Subjects then living might sufficiently understand to whom they should owe their Allegiance and Duty due to be done by Subjects and that they might by your Majesties Licence and with your Favour treat and confer together this Parliament time for the well-doing of this The former of these two which is your Marriage they do in their hearts most earnestly wish and pray as a thing that must needs breed and bring great and singular comfort to your Self and unspeakable joy and gladness to all true English Hearts But the second carrieth with it such necessity that without it they cannot see how the safety of your Royal Person the preservation of your Imperial Crown and Realm shall be or can be sufficiently and certainly provided for Most Gracious and Soveraign Lady The Lamentable and pitiful Estate and Condition wherein all your Nobles and Councellors of late were when it pleas'd God to lay his heavy hand upon you and the amazedness that most men of understanding were by the Fruit of that Sickness brought into is one cause of this their Petition The second the aptness and opportunity of the time by reason of this Parliament whereby both such advice consideration and consent as is requisite in so great and weighty a cause may be better heard and used than at any other time when no Parliament is The third for that the assenting and performing of these Petitions cannot as they think but breed great terror to our Enemies and therefore must of necessity bring great surety to your Person and especially by addition of such Laws as may be joined with this limitation for the certain and sure observing of it and preserving of your Majesty against all practices and chances The fourth Cause for that the like as it is supposed hath been done by divers of your Noble Progenitors both of old time and of late days and also by other Princes your Neighbours of the greatest Estate in Europe and for that Experience hath taught that good hath come of it The fifth for that it appeareth by Histories how that in times past persons Inheritable to Crowns being Votaries and Religious to avoid such dangers as might have hapned for want of Succession to Kingdoms have left their Vows and Monasteries and taken themselves to Marriage as Constantia a Nun Heir to the Kingdom of Sicily Married after fifty Years of Age to Henry the Sixth Emperour of that name and had Issue Frederick the Second And likewise Peter of Aragon being a Monk Married the better to establish and pacify that Kingdom Again Antonius Pius is as much commended for that not two days before his Death he said to his Council Laeto animo morior quoniam filium vobis relinquo Pyrrhus is of all Godly men detested for saying he would leave his Realm to him that had the sharpest Sword What but want of a Successor known made an end of so great an Empire as Alexander the Great did leave at his Death The sixth cause is for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods Lands and Lives in your Service according to their bounden Duties which of necessity must breed great surety also to your Majesty The seventh cause because the not doing of this if God should call your Highness without Heir of your Body which God grant never be seen if it be his Will and yet your Majesty right well knoweth that Princes and their Off-spring be they never so great never so strong never so like to live be yet Mortal and subject every day yea every hour to Gods Call my Lords think this happening and no limitation made cannot by their Judgments but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm by the Factions Seditions and Intestine War that will grow through want of understanding to whom they should yield Allegiance and Duty whereby much innocent blood is like to be shed and many of those to lose their Lives that now would gladly bestow them for your sake in your Majesties Service The eighth for that the not performing of this the other happening doth leave the Realm without Government which is the greatest danger than can happen to any Kingdom For every Prince is anima Legis and so reputed in Law and therefore upon the Death of Princes the Law dyeth all the Offices of Justice whereby the Laws are to be Executed do cease all Writs and Commandments to call parties to the Execution of Justice do hang in suspence all Commissions for the Peace and for the punishment of Offendors do determine and lose their force whereby it followeth consequently that Strength and Will must Rule and neither Law nor Reason during such a Vacation and inter-Reign wherein such an incertainty ofSuccession is like to last so long as it is to be feared if Gods mercy be not the greater that thereby we may become a prey to Strangers which our Lord defend or at least lose the great honour and estimation that long time hath pertained to us And like as most Gracious Soveraign my Lords have been moved for the Worldly respect aforesaid to make these their humble Petitions to your Majesty so by the Examples Counsels yea and Commandments that they have heard out of the sacred Scriptures and for Conscience sake they feel themselves constrained and enforced to do the like God your Highness knoweth by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life and on the contrary he hath pronounced contrary wise and therefore Abraham pray'd to God for Issue fearing that Eliazar his Steward should have been his Heir and had promise that Kings should proceed of his Body Hannah the Mother of Samuel pray'd to God with tears for Issue And Elizabeth whose name your Majesty beareth Mother to John the Baptist was joyful when God had blessed her with Fruit accounting her self thereby to be delivered from reproach And as this is a blessing in private Houses so is it much
Hoddy Mr. French Mr. Alford and Mr. Norton to meet to Morrow in the Afternoon at three of the Clock in the Exchequer Chamber Certain Amendments in the Bill of Rogues c. reported by Mr. Treasurer upon the last Committee of the Bill which amendments were read and thereupon the Bill Ordered to be ingrossed Two Bills lastly had each of them their first reading of which the latter was the Bill for Trials by Juries Edward Smalley Servant unto Arthur Hall Esq being this day brought to the Bar in the House by the Serjeant of this House and accompanied with two Serjeants of London was presently delivered from his Imprisonment and Execution according to the former Judgment of this House and the said Serjeants of London discharged of their said Prisoner and immediately after that the said Serjeants of London were sequestred out of this House and the said Edward Smalley was committed to the charge of the Serjeant of this House And thereupon the said Edward Smalley was sequestred till this House should be resolved upon some former Motions whether the said Edward Smalley did procure himself to be Arrested upon the said Execution in the abusing and contempt of this House or not Vide Mar. 10. Saturday postea All the Privy-Council being of this House the Lord Russell Mr. Captain of the Guard Mr. Wilson Mr. Lieutenant of the Tower Sir William Winter Mr. Serjeant Lovelace Sir Henry Knivett Mr. Crooke Mr. Coleby Mr. Popham and Mr. Norton were appointed to meet upon Friday next in the Afternoon at three of the Clock in the Exchequer Chamber but through the great negligence of Fulk Onslow Esquire at this time Clerk of the House of Commons the business about which the foresaid Members of the House were appointed to meet doth not at all appear On Wednesday the 29 th day of February Seven Bills of no great moment had each of them one reading of which one being the Bill for Chepstow-Bridge another for Rochester-Bridge and the third for the Town of Reading were each of them read the third time and upon the Question passed the House Upon a Motion made by Robert Bainbrigge Gent. one of the Burgesses for the Borough of ..... in the County of ..... against one Williams as well for sundry unsitting Speeches pronounced by the said Williams in misliking of the present State and Government of the Realm and also for threatning and assaulting of the said Robert Bainbrigge the Serjeant of this House was thereupon by Order of this House presently sent for the said Williams to be brought unto this House to Answer such matters as shall be objected against him Two Bills of no great moment had each of them one reading of which the second being the Bill against excess in Apparel was read the first time The Petition and Motions made touching the reformation of Discipline in the Church was committed only to all the Privy-Council of this House Vide concerning this matter on Friday the 10 th day of March ensuing Mr. Sollicitor and Mr. Doctor Berkley brought from the Lords four Bills of which the first was the Bill for the assurance of the Mannor of New Hall to Thomas Earl of Sussex the second for the appointing of Justices in the Shires of Wales the third concerning Offices found in the Counties Palatines and the last for the assurance of certain Lands unto Sir John Ryvers Knight All the Privy-Council being of this House the Lord Russell the Masters of the Requests Sir Thomas Scott Sir Henry Gates Sir Henry Wallope and divers others were appointed to meet this Afternoon in the Exchequer Chamber between two and three of the Clock and agree touching the nature of the Petition to be made to the Queens Majesty upon the Motions for reformation of Discipline in the Church and that the matter of the Petition so agreed upon then those of the Privy-Council only to move the same to the Lords of the Privy-Council after report first made thereof to this House Vide concerning this matter on Friday the 10 th day of March following Walter Williams being brought to the Bar confessed that he did strike Mr. Bainbrigge and that he offered to strike at him with his Dagger Whereupon it was Ordered that he remain in the Serjeants Ward till the Order of this House be further known to Morrow Vide. On Thursday the first day of March Seven Bills of no great moment had each of them one reading of which one being the Bill for the true making of Woollen-Cloths another for Kentish and Suffolk Cloths and another for toleration of certain Clothiers in the Counties of Somerset Wilts and Gloucester were each of them read the first time and thereupon committed to the former Committees who were nominated on Thursday the 16 th day of February foregoing and unto Sir Thomas Scott Mr. Serjeant Lovelace Mr. Savile Mr. Peacock Mr. Gargrave Mr. Mickleborn Mr. Langley and Mr. S t John to meet this Afternoon in the Star-Chamber at two of the Clock as also to conser touching the unlawful ingrossing of Woolls Two Bills also had each of them their first reading of which the second was the Bill against common Promoters Sir Richard Read and Mr. Doctor Vaughan brought from the Lords the Bill for the payment of Tythes within the Parish of Hallifax and the other to take away the benefit of Clergy from Offenders in Rape and Burglary Martin Cole one of the Burgesses for Sudbury in the County of Suffolk was this day Licensed by Mr. Speaker for his great business to be absent for four days The Bill lastly for setting the poor on work and for avoiding of idleness was read the third time and passed the House On Friday the second day of March Six Bills of no great moment had each of them one reading of which the second being the Bill for assurance of certain Lands to Sir John Rivers K t was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords The Bill against wearing of unlawful Weapons was twice read and committed thereupon unto Mr. Comptroller Sir Henry Radcliffe Sir Thomas Scott Sir Henry Knivett Sir Henry Gates and others to be considered of presently Two Bills also had each of them one reading of which the second being the Bill against the buying and selling of rooms and places in Colledges Schools c. was read the first time Mr. Treasurer one of the Committees for the Petition touching reformation of the Discipline of the Church reported that he and the residue of the Committees have met and agreed upon a Bill to be made for that purpose which Bill was then offered and received in the said House and then read accordingly Vide concerning this matter on Friday the 9 th day of this instant March ensuing The two Bills viz. for maintenance of Colledges and against buying and selling of rooms and places in Schools
House of Commons Whereupon the Speaker moved the said House to appoint some to amend those things which the Lords had yielded to have reformed that so the Bill might pass but the whole House a very few excepted said they would hear no more of it and so it stayed without any further proceeding because it appeared the House of Commons did not think their Objections sufficiently answered by the Lords This foregoing proceeding of the two Houses in the above-mentioned Bill touching Authority to be given to the Justices of her Majesties Forests c. being transcribed out of the Copy thereof I had by me now follows the next days Passages out of the Original Journal-Book of the House of Commons On Friday the 9 th day of March the Bill for restitution in Blood of the Lord Norris was twice read The Bill for re-edifying of the Town of Cringleford near unto the City of Norwich was read the third time and passed the House and was sent up to the Lords with the Bill for the Hospital in the Town of Leicester by M r Treasurer and others The Bill touching Suffolk Cloths and Essex Cloths was read the first time and committed unto M r Secretary Smith M r Lieutenant of the Tower Sir Nicholas Arnold and others to have Conference touching the double searching of Cloths generally now presently in the Committee-Chamber The Bill for Confirmation of the Subsidy of the Clergy was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords M r Chancellor of the Exchequer touching the Petition for reformation of Discipline in the Church did bring word from the Lords that their Lordships having moved the Queens Majesty touching the said Petition her Highness answered their Lordships that her Majesty before the Parliament had a care to provide in that case of her own disposition and at the beginning of this Session her Highness had Conference therein with some of the Bishops and gave them in Charge to see due reformation thereof wherein as her Majesty thinketh they will have good consideration according unto her pleasure and express Commandment in that behalf So did her Highness most graciously and honourably declare further that if the said Bishops should neglect or omit their Duties therein then her Majesty by her Supream Power and Authority over the Church of England would speedily see such good redress therein as might satisfie the expectation of her loving Subjects to their good contentation which Message and Report was most thankfully and joyfully received by the whole House with one accord And immediately thereupon John Crook Esquire one of the Knights for the County of Buckingham took occasion in most humble and dutiful wise to make a Motion unto the House for another Petition to be moved to the Lords for perswading of her Majesty for Marriage Vide concerning Church-Discipline on Wednesday the 29 th day of February preceeding and on Friday the second day of this instant March foregoing and touching the Queens Marriage on Monday the 12 th day of the same Month of March ensuing The new Bill also for the Lady Wainman was read the first time Post Meridiem In the Afternoon the Bill for the Lord Viscount Howard of Bindon was twice read Six other Bills of no great moment had each of them one reading of which one being the Bill for restitution in Blood of Henry Lord Norris another for Confirmation of the Subsidy granted by the Clergy and a third for Preservation of Pheasants and Partridges were each of them read the third time and passed the House On Saturday the 10 th day of March Two Bills had each of them their third reading and passed the House of which the first was for repressing of Murders and Felonies in the Counties of Northumberland and Cumberland Five Bills were sent up to the Lords from the House of Commons of which one was the Bill for setting the Poor on work and for avoiding of Idleness and another for preservation of Pheasants and Partridges The Bill against excess in Apparel was read the second time and committed unto all the Privy-Council being of this House M r Captain of the Guard M r Treasurer of the Chamber the Masters of Requests and others who were appointed to meet at the Exchequer-Chamber at two of the Clock in the Afternoon M r Doctor Barkley and M r Powle did bring from the Lords a Bill for the Hospital of S t Cross with special commendation for expediting thereof and Declaration of the assent of the Parties given in that behalf before their Lordships Two Bills of no great moment had each of them one reading of which the first being the Bill for the Lady Wainman was read the third time and passed the House M r Serjeant Barham and M r Doctor Vaughan brought from the Lords two Bills with Amendments and Provisoes which before passed the House viz. the Bill for repairing and amending of the Bridges and High-ways near Oxford and the Bill for maintenance of Colledges in the Universities and of Eaton and Winchester The Bill against Arthur Hall Esquire Edward Smalley and Matthew Kirtleton his Servant was read the first time Edward Smalley Servant unto Arthur Hall Esq appearing in this House this day at the Bar it was pronounced unto him by M r Speaker in the name and by the appointment and order of this House for Execution of the former Judgment of this House awarded against him That he the said Edward Smalley shall be forthwith committed Prisoner from this House to the Tower of London and there remain for one whole Month next ensuing from this present day and further after the same Month expired until such time as good and sufficient assurance shall be had and made for payment of 100 l of good and lawful money of England to be paid unto William Hewet Administrator of the goods Chattels and Debts of Melchisedech Malory Gent. deceased upon the first day of the next Term according to the former Order in that behalf by this House made and set down and also forty Shillings for the Serjeants Fees the notice of which assurance for the true payment of the said hundred pounds in form aforesaid to be certified unto M r Lieutenant of the Tower by M r Recorder of London before any delivery or setting at liberty of the said Edward Smalley to be in any wise had or made at any time after the Expiration of the said Month as is aforesaid and that he shall not be delivered out of Prison before such notice certified whether the same be before the said first day of the next Term or after Vide concerning this matter on Thursday the 16 th day Monday the 20 th day Wednesday the 22 th day Monday the 27 th day and on Tuesday the 28 th day of February preceeding as also on Wednesday the 7 th day of this instant March foregoing
of the Proceedings of this House to direct them with his Holy Spirit and a form of Prayer was then read to the House by the Clerk And then afterwards the House proceeding to the Election of a Speaker the said M r Treasurer first speaking did for his own part name and commend the said M r Popham alledging many good reasons and causes moving him thereunto but still leaving nevertheless liberty without prejudice to the residue of the House to name whom they would or thought good And thereupon the whole House with full consent of Voices agreed upon the chusing of the said M r Popham who standing up and much disabling himself in dutiful and reverend wise and alledging for himself many reasonable causes and excuses besought them humbly to proceed to a new Election whereof the House did not allow and so then was he forthwith by the said M r Treasurer and M r Comptroller brought up and placed in the Chair and order thereupon given that the House should the next day Assemble together both to understand her Majesties Pleasure for presenting of the Speaker and also to determine of the case of the said persons newly returned into this House in the places of others yet living On Thursday the 19 th day of January the House again Assembled the Speaker Elect sitting in the Chair The matter began to be debated touching the said Burgesses of whom question was made the day before and the Case was opened by M r Norton a Citizen of London to the effect following viz. That there be Members of this House absent in her Majesties Service as in Embassage or in her affairs in Ireland in whose place new be returned Item some persons be sick of durable Diseases as Agues c. and new be returned in their places Item one M r Flowerden was the last Session Burgess for Castle-Rising in Norfolk and in the Vacation was sick Upon suggestion of which sickness a Writ went to chuse a new Whereupon Sir William Drewry is Chosen and returned for Castle-Rising who now appeareth and M r Flowerden also In the same Vacation one Beamond a Citizen for Norwich is sick of the Gout upon suggestion whereof a Writ went out to chuse a new for Norwich M r Flowerden is chosen returned and newly sworn for Norwich Vide March 18 th Saturday postea The Questions are whether such as be returned in places of persons sick or of persons absent in the Queens Service be Burgesses and the old discharged M r Norton thought the old Burgesses remained and that the said causes of sickness and service are good excuses for their absence but no causes to remove them and to chuse new And for this he alledged divers Precedents as of Doctor Dale Embassador in France and of Sir Henry Sidney Deputy of Wales who having been formerly both of them Members of the House of Commons and absent by reason of both their said Imployments yet when their case was once made known unto the House and there questioned they were still retained as Members of the said House and no new chosen or admitted But however although such absent Members by reason of sickness or Foreign Imployment might be removed yet that ought not to be done upon a suggestion in the Chancery but by the Judgment of the House of Commons upon information thereof M r Serjeant Flowerden M r Robert Snagg M r Seintpoole and M r Serjeant Fleetwood Comptroller argued to the contrary and said that in all these cases new are to be chosen and the old discharged And that it needeth not to have discharge by the Judgment of the House but it sufficeth to make suggestion in the Chancery and to procure a Writ thereupon for a new Election And to question this was to discredit the Lord Chancellor and to scandalize the Judicial Proceedings of that Court. And it was further alledged that not only in these before-recited Cases but also in all others where any new Elections are to be made if the Lord Chancellor send out a Writ upon any suggestion to chuse a new Burgess in the place of an old whether the cause be sufficient or non-sufficient to remove the old or whether the suggestion be true or false yet if a new be returned the House of Commons is to accept the Burgess and to allow the return and the old Burgess remaineth discharged until the matter be further cleared upon the Examination and Judgment of the said House And according to these opinions the new Burgesses Elected and returned in places of men living were received and allowed in the said House M r Flowerden keeping his place for Norwich Sir William Drewry for Castle-Riseing M r Richard Herbert in place of M r Pugh for Montgomery and so the like of the rest that were new Elected Vide the contrary resolved March the 18 th postea Nota That all this was done after the Election of John Popham Esquire the Queens Sollicitor for Prolocutor or Speaker but before his Presentation to the Queen or her Majesties allowance of him The agitation of which question was doubtless either privately muttered in the House or if it were disputed openly it was suddenly and unwarrantably done in respect that the House of Commons have no power to determine or resolve of any thing after the Election of the Speaker till he be presented and allowed as may easily be Collected by all Precedents both of latter and former times Neither did this opinion of the House thus irregularly given take any great effect because the contrary was resolved March 18 postea In the mean time of those foregoing Arguments and Disputations in the House it was signified unto the said House that her Majesties Pleasure was that the Speaker should be presented unto her Highness on the next day following at two of the Clock in the Afternoon in the Upper House On Friday the 20 th day of January the House Assembled together and about two of the Clock in the Afternoon they had notice that the Queen with the Lords Spiritual and Temporal were all set in the Upper House Whereupon the Knights Citizens and Burgesses hasted thither with M r Popham their Speaker and being let in as many as conveniently could and the said Speaker brought up to the Bar at the lower end of the said House by two of the most eminent Personages of the House of Commons he there made his humble excuse and alledged his insufficience for discharge of his place in such manner and form as in like case is usually accustomed But notwithstanding his said excuse her Majesty by the Lord Chancellor signified her Allowance of him for which the said Speaker rendred his humble thanks and Petitioning in the name of the House of Commons for Liberty of Speech for free access to her Majesty and for freedom from Arrests according to the usual form the Lord Chancellor by the Queens Commandment made him a gracious Answer after which ended the Knights Citizens and
Burgesses with their said Speaker returned unto their own House And being come thither and the Speaker set in his Chair one Bill according to the usual form was read which was for the assurance of Purchasers against incumbrances On Saturday the 21 th day of January the Litany being read by the Clerk and the old Prayer that was used in former Sessions read also by the Speaker M r Speaker made a short Oration to the House partly touching himself and partly touching them For his own part acknowledging his infirmities and praying both their patience and assistance and for them he advised them to use reverent and discreet Speeches to leave curiosity of form and to speak to the matter and for that the Parliament was likely to be very short willed them further to forbear speaking to Bills at the first reading and not to spend too much time in unnecessary Motions or supersiuous Arguments And further desired them that they would see their Servants Pages and Lackies attending on them kept in good order Which ended a Motion was made that M r Speaker and the residue of the House of the better sort of Calling would always at the rising of the House depart and come forth in comely and civil sort for the reverence of the House in turning about with a low Courtesie like as they do make at their coming into the House and not so unseemly and rudely to thrust and throng out as of late time hath been disorderly used which Motion made by Sir James Croft Knight Comptroller of her Majesties Houshold was very well liked of and allowed of all this House The Bill for reformation of disorders of the Clerk of the Market and his Deputies was read the first time M r Paul Wentworth made a Motion for a publick Fast and daily Preaching the Fast to be appointed upon some one certain day but the Preaching to be every Morning at seven of the Clock before the House did sit that so they beginning their proceeding with the Service and Worship of God he might the better bless them in all their Consultations and Actions Sir Francis Knolles Treasurer of the Queens Houshold spake against this Motion M r Thomas Cromwell spake for it M r Alford against it M r Cooke for it M r Secretary Wilson for it M r Serjeant Flowerden for it and M r Norton shewed Precedents that there had been Fasts in London by Order only from the Council by which it seemeth he intended to infer that a Parliament might much rather appoint it Hereupon the House being divided and many Arguments being spent pro con at length the said matter in question was put to Voices and the better side had the greater number for there were a hundred and fifteen Voices for it and but a hundred against it and so it was Ordered that as many of the House of Commons as convenient could should on the Sunday seven-night after being the 29 th day of this instant January Assemble and meet together in the Temple Church there to hear Preaching and join in Prayer together with Humiliation and Fasting for the assistance of Gods Spirit in all their Consultations during this Parliament and for the Preservation of the Queens Majesty and her Realms and that the Preachers who should perform the work and service of that day might be appointed by such of her Majesties Council as were of the House to the intent that they may be discreet persons and keep convenient proportion of time without intermedling with matter of innovation or unquietness This day also it was Ordered that the House should be called on Wednesday next being the 25 th day of this instant January in the Afternoon that so it might appear who did diligently intend the business of the House and who did negligently absent themselves M r Broughton also this Forenoon made a Motion to know the mind of the House touching his Companion or Fellow Burgess who now stood indicted of Felony whether he ought to remain of the House or to forbear coming or that a new one should be Elected in his place Whereupon after the matter had been a while agitated and disputed of in the House it was adjudged that he ought to remain of the House till he were Convicted for it may be any mans case who is guiltless to be accused and thereupon indicted of Felony or a like Crime After which Judgment given by the House M r Norton did further inform them that the Lord Chancellor willed him to signifie unto the House that this matter had been moved to him and that a new Writ had been desired of him for the Election of another in the place of the said Burgess but that his Lordship had refused to yield thereunto and had further alledged that he ought first to be removed by the Judgment of the House and that thereupon the House signifying so much to his Lordship he would thereupon grant a new Writ for a second Election to be made The Judgment of the Lord Chancellor who was both Learned in the Laws and had been an antient Parliament man was much commended by the House and the rather because it so opportunely concurred at this time with the Judgment of the House Which resolution seemeth cross to that former opinion before-given in the House on Thursday last past the 19 th day of this instant January viz. that new Burgesses being returned in the place of others living were to be allowed and received in the House But yet I conceive that these two opinions may well stand together for here the Lord Chancellor was pleased not to grant a Writ for a new Election but to stay the Judgment of the House which was without all question the most just and safe way of Proceeding whereas in those other before-recited Cases he had granted out Writs for new Elections upon meer suggestions and then without all question the Burgesses returned upon those Writs are to be received into the House and must remain as Members thereof until they be again rejected by the Judgment of the House So also it is if a Sheriff shall return one for a Knight of a Shire who was unduly or not at all Elected yet he that is so returned remaineth a Member of the House until his said Election be declared void by the Judgment of the House But why in the said former Case one Elected in a place of a Burgess sick upon suggestion doubtless that he could not recover should be adjudged by the House to be well Elected and returned notwithstanding that the former Burgess was present in the Parliament and had recovered his health I cannot possibly guess Vide March 18 th postea January 22. Sunday On Monday the 23 th day of January the House being Assembled did sit till eleven of the Clock without the Speaker for that he was all that time at the Court in which mean time the Serjeant of the House apprehended one William Hanney Servant to Anthony
now credibly informed to this House by John Aldrich Gentleman one of the Citizens returned for the City of Norwich and also by Sir Roger Woodhouse Knight one of the Knights for the said County of Norff. and also by Edward Grimstone Esquire one of the Burgesses for the Town of Ipswich in the County of Suff. that the said Thomas Beamont is impotent and incurably sick and diseased it was at the earnest motion of the said John Aldrich made to this House for another Citizen to be chosen and returned for the said City of Norwich in the place and stead of the said Thomas Beamont Ordered and resolved by this House that a Warrant be made forthwith by this House to the Clerk of the Crown-Office in the Chancery for the directing of a new Writ for the chusing and returning of another Citizen of the said City of Norwich in the place and stead of the said Thomas Beamont accordingly And for as much as Hugh Graves one of the Citizens for the City of York did the last former Session of this present Parliament move the House and make request that by Order of this House another Citizen might be chosen and returned for the said City of York in lieu and stead of Gregory Peacocke his fellow Citizen being then and yet still incurably sick and diseased and for that also that Robert Askewith is already returned and hath attended this present Session in the room and place of the said Gregory Peacocke it was now Ordered and resolved by this House that the said Robert shall stand and remain still as a Citizen for the said City of York in the lieu and place of the said Gregory Peacocke according to the return thereof made The Bill for the Lord Zouch was after sundry Motions and Arguments put to the Question and dashed It was also upon further consideration of the said returns and defaults Ordered and resolved That Thomas Fleming Gentleman being returned into this Session and appearing in the place of James Dalton one of the Burgesses for Kingstone upon Hull in the County of York being incurably sick and diseased shall stand and continue according to the return in that behalf already made And that John Fawcher likewise returned a Burgess for the said Town of Kingston upon Hull in the lieu and stead of James Clerkson sick and Samuel Cox Esquire returned a Burgess for the City of Rochester in the County of Kent in the room and place of William Partridge Esquire being sick Sir William Drury Knight returned a Burgess for Castle Riseing in the County of Norff. in the room and place of Edward Flowerdewe Esq being sick Richard Mollineux Esquire returned a Burgess for the Town of Wigan in the County of Lancaster in the room and place of Edward Fitton Esquire being in the Queens Majesties Service Fulke Grevill Esquire returned a Burgess for the Town of Southampton in the room and place of Sir Henry Wallop Knight being in the Queens Majesties Service and Richard Herbert Esquire returned a Burgess for the Town of Montgomery in the room and place of Rowland Pugh Esquire supposed to be dead but yet known to be in plain life shall be forthwith amoved from their said places and the said James Clerkson Edward Flowerdew Esquire Edward Fitton Esquire William Partridge Esquire Sir Henry Wallop Knight and Rowland Pugh Esq and every of them shall stand and continue for their said several rooms and places notwithstanding any such causes of sickness the Queens Majesties Service or supposed allegation of being dead Vide Januar 19. Januar. 21. antea And it is also further agreed upon and resolved by this House That during the time of sitting of this Court there do not any time any Writ go out for the chusing 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 ancient Jurisdiction and Authority of this House in that behalf accustomed and used Nota. This resolution of the House is no other than had been formerly taken by them in the beginning of this Parliament upon Saturday the 21 th day of January foregoing which also was further ratified and confirmed by the opinion and judgment of Sir Thomas Bromley Knight at this time Lord Chancellor of England M r Doctor Gibbon and M r Doctor Clerk did bring word from the Lords that their Lordships did desire present Conference with ten of this House or more touching the Bill lately passed in this House concerning Iron-Mills Whereupon were appointed M r Comptroller M r Treasurer of the Chamber Sir Thomas Shirley Sir William Moore Sir Thomas Sampoole M r Recorder of London M r Norton M r Cowper M r Aldersey M r Gaymes and M r Leife The Bill against certain deceitful stuff used in the dying of Cloths was sent up to the Lords by M r Comptroller and the said Committees and the provision passed and assented unto and amended according to the request of their Lordships The Bill for maintenance of Mariners and of the Navigation all the Amendments Provisions and Additions being three times read was passed upon the Question Where by a former Order of this House Arthur Hall Esquire was committed Prisoner to the Tower of London there to remain by the space of six Months and so much longer as until himself should willingly make a general revocation or retractation under his hand in writing of certain Errors and slanders contained in a certain Book set forth in print and published in part greatly tending to the slander and reproach of Sir Robert Bell Knight deceased late Speaker of this present Parliament and of sundry other particular Members of this House and also of the Power Antiquity and Authority of this House to the satisfaction of this House or of such Order as this House should take for the same during the continuance of this present Session of Parliament as by the same Order made and set down by this House upon Tuesday being the 14 th day of February foregoing in this present Session of Parliament more at large doth and may appear And where also the said Arthur Hall hath ever since the said Order taken remained in the said Prison of the Tower and yet still doth and hath not at all made any revocation or retractation of the said slanders errors and untruths to the satisfaction of this said House according to the said Order It is now therefore Ordered and resolved by this House That the further allowance of such revocation or retractation to be hereafter made as aforesaid shall be referred unto the Right Honourable Sir Francis Knolles K t one of her Majesties most Honourable Privy-Council and Treasurer of her Highness most Honourable Houshold Sir James Crofte Knight one other of her Majesties most Honourable Privy-Council and Comptroller of her Majesties said most Honourable Houshold Sir Christopher Hatton Knight one other of her Highness said most Honourable
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
the 7th day of this instant March foregoing The Bill for Fish brought into this House again by the Committees was twice read and committed unto Mr. Serjeant Snagg Mr. Morrice Mr. Attorney of the Dutchy Mr. Recorder and others who were appointed to meet this Afternoon in Serjeants-Inn in Chancery-lane at two of the Clock Here it seemeth Mr. William Onslow who by the Licence of the House supplied the place of Mr. Fulk Onslow his Kinsman Clerk of the same at this meeting is much mistaken in setting down this Commitment for the Bill it self was formerly twice read and according to the usual course committed upon the second reading to Mr. Recorder of London Mr. Sandes and others on Monday the 7th day of March and therefore doubtless this was either a new Bill brought in by the said Committees or else some new Additions and Amendments inserted into the old Bill which had this day their first and second reading and thereupon again committed unto some of the old Committees and others Vide plus die sequente Two Bills had each of them one reading of which the last being the Bill for the payment of Sir Gerrard Croker Knight his Debts was upon the second reading committed unto Mr. Alford Sir Thomas Browne Mr. Thomas Harris Mr. John Ingleseild and others On Friday the 10 th day of March the Bill for Estretford was read the second time and committed unto Mr. Markham Mr. Topclyffe Mr. Savil and others who were appointed to meet to Morrow in the Afternoon in the Middle Temple Hall Four Bills of no great moment had each of them one reading of which the second being the Bill for stealing of Horses and other Cattel and Beasts was upon the second reading Committed unto Sir William Moore Mr. Sands Mr. Wroth and others who were appointed to meet to Morrow in the Committee Chamber The Bill for bringing in of Fish was brought in again by the Committees by which it is most probable that there was a new Bill brought in yesterday which was twice read at one and the same time and then committed The Bill for Sir Gerrard Crokers payment of his Debts was brought in again by the Committees and amended On Saturday the 11 th day of March the Bill against fraudulent Conveyances by Fugitives was read the first time The Bill for the payment of Sir Gerrard Crokers Debts was brought in again by the Committees and committed to be ingrossed Three Bills being passed the House were sent up to the Lords whereof the two last were the Bill for the great abuses of Purveyors and the Bill for the confirmation of the Attainders of the late Lord Pagett and others A Motion being made by Mr. Treasurer for the matter of benevolence for the charges to be supplied in the Low Countries whether that this House should only deal in it without the Lords or else that they should make the Lords privy to it and join with them It was thought good by the House to join with the Lords in the same cause and commit it unto these persons viz. all the Privy Council of this House Sir Thomas Browne Mr. Sollicitor Sir Robert Jermin Sir John Heigham Master of the Requests Mr. Francis Hastings Mr. Sands Mr. Topclyffe and others Vide diem Saturn 18. diem Mar. This day a new Bill was brought in again for the payment of Edward Fishers Debts by the Committees and therefore the new was twice read and committed to be ingrossed Nota That a Bill to this purpose was in great agitation the last Parliament de anno 27 Reginae Eliz. Anno Domini 1584. The Bill for confirmation of Letters Patents was upon the second reading committed unto all the Privy Council of this House Mr. Sands Mr. Sollicitor and others and the Bill was delivered to Mr. Vice-Chamberlain This day the Committees made report of the priviledge of Mr. Martin a Member of this House Arrested upon mean Process by White above twenty days before the beginning of this Parliament holden by Prorogation mistaken for Adjournment and in respect that the House was divided about it in opinion Mr. Speaker with the consent of the House the sooner to grow to some certainty of the Judgment of the House in this cause moved these questions to the House viz. First Whether they would limit a time certain or a reasonable time to any Member of the House for his priviledge The House Answered a convenient time Secondly Whether Mr. Martin was Arrested within this reasonable time The House Answered yea Thirdly If White should be punished for arresting Martin The House Answered no because the arrest was twenty days before the beginning of the Parliament and unknown to him that would be taken for reasonable time But the principal cause why Martin had his priviledge was for that White the last Session mistaken for Meeting of Parliament arrested Mr. Martin and then knowing him to be returned a Burgess for this House discharged his Arrest And then afterwards Mr. Martin again returning out of his Country to London to serve in this House Mr. White did again arrest him and therefore this House took in evil part against him his second Arrest and thereupon judged that Martin should be discharged of his second Arrest out of the Fleet by the said Mr. White Vide Febr. 27 Monday The Bill to avoid fraudulent assurances made in certain Cases by Traytors was sent down from the Lords to the House of Commons by Dr. Ford and Serjeant Gawdie Nota That this Bill is not mentioned to have been sent down from the Lords to the House of Commons which as it should seem happened through the negligence of Mr. William Onslow who at this time supply'd the place of the Clerk of the said House And therefore it is supplied out of the Original Journal-Book of the Upper House On Monday the 13 th day of March Two Bills had each of them one reading of which the second being the Bill against fraudulent Conveyances by Fugitives was read the second time and committed unto Mr. Sollicitor Mr. Recorder of London Mr. Sands and others and the Bill was delivered to Mr. Hughes of Grayes-Inn who with the rest was appointed to meet at Lincolns-Inn this Afternoon The Bill for Fish was brought in by the Committees and Ordered to be ingrosted Vide concerning this Bill on Thursday the 9 th day and on Friday the 10 th day of this instant March foregoing The Bills against delay of Execution by suing Writs of Error was read the second time upon the new bringing in of it by the Committees and upon the question was ordered to be ingrossed The Bill for payment of Edward Fishers debts was read the third time and passed upon the Question A Motion was made by Mr. Cromwell to have some conference with the Privy Council of this House and some others of the same concerning those Gentlemen Members of this House lately committed to the Tower Whereupon these were appointed viz. all the Privy Council
Original Journal-Book of the House of Commons in which it is generally related that the rest of this Forenoon was spent in the agitation of this and such like business yet because neither any particular relation of the Speeches in this business of M r Fitzherbert or of those other aforesaid Passages handled in the said Committee touching Elections is there set down although all the said matter be of very great weight and consequence I have therefore supplied a great part of the same out of the aforesaid Anonymous Journal more particularly mentioned at the beginning of this present Journal Where although all that part of Mr. Serjeant Yelvertons Speech touching Mr. Fitzherberts Election be omitted and which is before very happily supplied out of the Original Journal-Book it self yet the rest or at least the greater part of his Relations before mentioned is set down and is here inserted out of the same with divers other Speeches used and uttered chiefly touching that Question All which some alterations only excepted for order and explanation sake are herein inserted out of the said Anonymous Journal in manner and form following viz. Serjeant Yelverton spake further also after he had finished the Relation of the Committees proceeding touching M r Fitzherberts Election concerning the priviledges of the House In which he declared the Case of the Burgess of Miscread in Cornwall after whose Election 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 Sheriffs the Sheriff having Indorsed it upon the Writ But this Indenture was never executed by the Sheriff and yet the Return was holden by the Committees as it should seem to be good Mr. Heile who had been another also of the Committees spake next and shewed the state of this and some other questions handled in that said Committee which were as followeth viz. John c. is returned in the Indenture by the name of Richard and whether this may not be amended by the House Mr. Audeley is returned Burgess for two Towns he having elected for which he will be a New Writ is to be directed to the other Town to chuse another Two Burgesses are returned for one Town One of the Burgesses being mistaken is willing to resign unto the other Whether by the assent of the Sheriff and party this is to be done The Bailiff of Southwark electeth himself by the name of Richard Hutton Gentleman and the Indenture returned by the Sheriff is Richard Hutton Bailiff if this be good Thomas Fitzherbert of Staffordshire being Outlawed upon a Capias utlagatum after Judgment is Elected Burgess of this Parliament Two hours after his Election before the Indenture returned The Sheriff arrested him upon this Capias utlagatum The party is in Execution Now he sendeth this Supplication to this House to have a Writ from the same to be enlarged to have the Priviledge in this Case to be grantable He argued thus That he was not Electable because in the calling and in the electing of parties called there must be chosen Viri idonci But a man Outlawed is not idoneus therefore not Electable Considering this disability holds in all other Causes of Law therefore in this that is the greatest He urged the Authority of 19 H. 7. four parties attainted moved to have their Attainders redressed before they can sit There 't is said a man Outlawed for sorging false Deeds is not eligible to be of the Parliament Then Sir Edward Hobby spake as followeth The party Outlawed is not out of his wits therefore capable and then is a man able to be chosen and idoneus to be a Burgess Only a differrence may be made where the Outlawry is for a Cause Criminal and for a Case personal as in this Cause Is this disability greater that a man Outlawed may not be a Burgess as well as an Attorney to a man or an Executor I think it will stand with the priviledge of this House to deliver him though he were Outlawed Mr. Lewes said that a man Outlawed cannot have priviledge being an Execution upon a Capias Quia frustra Legis auxilium implorat qui in Legem peccat Cardinal Pool would not come into the Parliament House till the Attainder against him was reversed Ignotus quidam Multa sunt quae fieri non debent quae tamen facta tenentur bona It had been a good exception against his Election to say he was Outlawed but 't is no disability to him being Elected Serjeant Yelverton said he could not have the priviledge being in Execution upon a Capias utlagatum after Judgment The Book of 2 Edw. 4. 8. cited to be expresly so And that a Judge reported unto him that in 34 Hen. 8. a Burgess being arrested and in Execution upon a Statute could not have priviledge of the House Whereupon Mr. Finch said he could not tell which to hold or which side to take 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 but Idoneum Therefore we ought not to be so strict as if he were to be challenged upon a Jury At the Common Law Outlawry was only for Causes Criminal as for Treason or Felony but this Outlawry in Personal Causes is only by the Statute of 11 Hen. 4. which makes not so great a disability as that at the Common Law On the other side Utlagatus ne Villein cannot be a Champion which is as a Judge to decide then à fortiori he can be no Judge in this House Outlawry is as an Attainder therefore the party so stained is no competent Judge The great Charter is all Tryals ought to be per legales homines parium sitorum The Outlawed man is not of the number of Parium so not to be a Judge Vide 8 Edw. 3. Utlagatus ne poiet estre Mr. Broughton held that a man Outlawed may be a Burgess For in no case is Outlawry disability where a man is en auter droit as to be Executor or Attorney it is no Exception to the party The Case in 38 Hen. 8 Dyer 62. was cited Mr. Hall's man was delivered out of Execution the last Parliament by a Mittimus from the House And though the party be in Execution if not at the Queens suit he is to have the priviledge and yet the party not to lose his debt nor the Sheriff to be charged Vide postea April 5 th Thursday Nota That these Speeches are all transcribed out of the said Anonymous Journal more particularly mentioned at the beginning of this present Journal After which by occasion of a Message sent down from the Lords it should seem this business brake off abruptly at this time And therefore see more concerning it on Friday the 2 d day and on
day last immediately foregoing Mr. Tanfeild speaking next held that a person Outlawed might be a Burgess of the House Wherein he made a difference where exception to the Burgess grew upon matter before the Election and where after If the exception grew after then a Burgess Elected must not be one of the House If exception be taken to this Election and this Outlawry alledged to disable him the Statute of 23 Hen. 6. cap. 15. will disable most of this House for they ought not to be Burgesses now if this be not a good Election Thence it follows that the party Elected is to have his priviledge And though the Common Law doth disable the party yet the priviledge of the House being urged that prevaileth over the Law Then said Mr. Speaker I desire that I may be heard a word not that I have any Voice or assent to give though I am of the House but because I am a Servant to the House and have somewhat to speak It appertaineth to my duty and place which I desire to have leave to utter for my Speech shall not tend to meddle to decide the Question but only to inform the House of my knowledge and to do that duty which I think belongeth to my self The Questions delivered by the Committees were these two First Whether Mr. Fitzherbert were any Member of the House And secondly If he were whether to have the priviledge It hath been my manner ever since my first practice to observe strange learning especially such as appertaineth to the Law as in this of the priviledge of this House therefore I will inform what I have learned First this Writ of priviledge must go from the Body of this House made by me and I to send it into the Chancery and the Lord Keeper is to direct it Now before we make such a Writ let us know whether by Law we may make it or whether it will be good for the Cause or no. For my own part my hand shall not sign it unless my heart may assent unto it And though we make such a Writ if it be not warrantable by Law and the proceeding of this House the Lord Keeper will and must refuse it No man shall stand more for the priviledge of this House than I will and what is the priviledge of this House is meet should be observed To the matter first there hath been inforc't her Majesties Commandment I obey any Commandment of her Majesties knowing them to be Great and Reverend as far as any body But I do not take it that we have received any such Commandment for her Majesties Commandment by the Lord Steward was to every man that stood Outlawed We have no such Command Now whether a Man Outlawed may be a Burgess I hold it no question but that a Man Outlawed Attainted or Excommunicated or not lawfully Elected if he be returned out of all doubt is a lawful Burgess This is proved by Book Authority and express Statutes as that of 11 H. 4. Cap. 1. a. a Knight untryed returned shall lose his Wages therefore allowed by the Statute to be a Knight though untruly returned and the penalty is only to lose his Wages Another Authority is in 8 H. 8. Cap. 10. And if we go to examine persons Elected to Parliament we shall then dissolve all Parliaments and call in question all former Laws made by reason there were not lawful and able Law-Makers If it appeareth once unto us by Record that such a Man is Burgess we must believe the Record and make no question of it For if such matters shall be examinable by us then must we try it by witness from the place where the fact was and so shall those a great way hence be driven by witness to prove whether we be lawful Burgesses or no which will be very inconvenient But matters of Record such as appear unto us to be recorded these are to be examined by us for the Record is to be seen So that for priviledge I would grant it if it were Sedente Parliamento eundo redeundo or manendo to every Member of this House But the Cause with Mr. Fitzherbert being that after his Election and before his Return he is Arrested and in Execution by a Capias after Judgment whether this Man be to be priviledged or no. I will but speak what I think and what I have learned and I have good precedents for In this Cause he is not to have priviledge For the question is whether the Sheriff be to take notice of this Nomination or not before he is returned unto him Elected And I think not for it appeareth not unto the Sheriff before he is returned whether he be Elected or not So this Nomination is not a thing whereof he is tyed to take notice In Ferris and Tenures Case in 38 H. 8. fol. 60. You may see this Case Thomas Thorp 31 H. 6. was chosen Speaker of the Parliament and after his Election and before the Parliament upon a Suit betwixt the Duke of York and him Thorp was taken in Arrest and put in Execution Hereupon he put up his Petition to the House of Parliament to have the priviledge Upon the resolution of both Houses it was yielded he could not have the priviledge of the House This was also in H. 6. time and in 2 Ed. 4. fol. 8. I think the opinion there of Danby is referred to this Cause And because Mr. Fitzherbert stood Outlawed upon Judgment a matter that is recorded it were meet the whole cause were brought before us that we might the better judge upon it And I think this course best standing with the gravity of this House before that we made out any Writ to grant a Habeas Corpus cum causa returnable in Chancery and the Sheriff to appear the whole matter being transmitted out of the Chancery hither we to judge upon the whole Record as it shall appear And upon this Writ granted the Sheriff bringing up the party it shall be no escape in the Sheriff nor the party shall not lose his Action of Debt though he be delivered This Course was well liked and the Motion agreed unto by the greater part of the House Vide Mar. 1. antea Mar. 17. post Apr. 5. Thus far out of the before-mentioned Anonymous Journal touching the aforesaid Question how far an Outlawed Man might be a Member of the House The which and the further proceeding therein being by the Speaker interposing himself for this time reconciled and upon the matter agreed upon there followed the agitation of the great business touching the danger of the Realm and supply to be given to her Majesty which had been before treated of by two select Committees of either House as may fully appear by the Report of that which was done at the said Committee made this day unto the House by Sir Robert Cecill who had been one of them Which being very exactly set down in the Original Journal-Book it self of
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
the like whereof was in the Statute of 13 o of her Majesties Reign Nota That the business so much before agitated touching M r Fitzherbert received this day the final resolution of the House as is plainly set down in the often before-cited Anonymous Journal although it be wholly omitted in the Original Journal-Book it self which said Case was singly this Thomas Fitzherberts being elected a Burgess of the Parliament two hours after his Election and before the return of the Writ to the Sheriff with the Indenture of his Election the said Sheriff Arresteth him upon a Capias utlagatum in an Outlawry after Judgment at the Queens Suit as may be collected out of the reasons given of their said Resolution and then his Indenture was returned to the Sheriff Upon all which matters there grew two Questions First whether the said M r Fitzherbert were a Member of the House And secondly admitting he were yet whether he ought to have priviledge Which said matters having been formerly much debated on Thursday the first day Friday the second Saturday the 17 th day and on Friday the 30 th day of March last past as also on Tuesday the third day of this instant April foregoing received now at last the Judgment of the House which is inserted out of the aforesaid Anonymous Journal in manner and form following The Judgment of the House was That Thomas Fitzherbert was by his Election a Member thereof yet that he ought not to have priviledge in three respects First Because he was taken in Execution before the return of the Indenture of his Election Secondly Because he had been Outlawed at the Queens Suit and was now taken in Execution for her Majesties debt Thirdly and lastly in regard that he was so taken by the Sheriff neither Sedente Parliamento nor eundo nor redeundo Thus far out of the aforesaid Anonymous Journal the rest of this present Journal that ensueth to the very end and dissolution thereof is wholly supplied out of the Original Journal-Book it self The Bill concerning Clapboards and Casks which as it seemeth was read presently after the foresaid resolution of the House given in the said Case of M r Fitzherbert had the third reading and passed upon the Question M r Attorney General and M r Doctor Carey do bring from the Lords the Bill for renewing continuing explanation and perfecting of certain Statutes lately passed this House with some Amendments and a Proviso which Bill was sent up to their Lordships from this House The Bill for necessary relief of Souldiers and Mariners was read the third time and passed upon the Question Upon a Motion made by Francis Neale Esq one of the Burgesses for the Borough of Grantham in the County of Lincoln That he was upon Sunday last in the Afternoon Arrested upon an Execution by a Serjeant called John Lightburn at the Suit of one Wessellen Weblen a Beer-Brewer and shewing further that he had satisfied the money due upon the said Execution but yet nevertheless in regard of the preservation of the Liberties and priviledges of this House thought it his duty to make this House acquainted with the matter and so refer and leave it to their grave Wisdoms Whereupon it was upon the Question Ordered that the Serjeant of this House should in the name of this House give warning unto the said Weblen and Lightborn to give their attendance upon this House to Morrow to answer their contempt accordingly Vide diem sequentem On Friday the 6 th day of March Two Bills of no great moment had each of them one reading of which the second being the Bill for restraint of new building converting of great Houses into several Tenements and for restraint of Inmates and Inclosures in and near unto the City of London and Westminster was upon the second reading committed unto all the Privy-Council the Knights and Burgesses of London M r Francis Bacon and others and the Bill was delivered to M r Wroth one of the said Committees who with the rest was appointed to meet this Afternoon in the Exchequer Chamber The Bill concerning Devonshire Kerseys was read the third time and passed upon the Question The Proviso in the Bill for reviving continuing Explanation and perfecting of certain Statutes the Amendments being first read and Ordered afterwards to be inserted was three times read and they were all passed upon the question accordingly The Proviso of the Lords to explain the Amendments of this House in the Bill which passed their Lordships and was sent down to this House for the restraining of Popish Recusants to some certain places of aboad was three times read and passed upon the Question The Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion was read the third time and passed upon the Question Eight Bills which lately passed this House viz. the Bill to give liberty to the Lord Harrowden to sell certain Lands for the payment of his debts The Bill concerning Spinners and Weavers The Bill touching Clap-boards and Casks The Bill for relief of Souldiers and Mariners The Bill concerning Devonshire Kerseys The Bill for reviving and perfecting divers Statutes with a new Proviso The Bill for restraining of Popish Recusants to some certain places of aboad And the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion were sent up to the Lords by M r Treasurer and others M r Doctor Carey and M r Powle do bring from the Lords a Bill Intituled An Act for the avoiding of deceit used in making and selling of twice laid Cordage and for the better preserving of the Navy of this Realm and prayed from their Lordships the speedy expediting of the same Bill for that this Parliament draweth near unto an end Whereupon the same Bill was twice read and committed unto Sir Walter Raleigh Sir Francis Drake M r Lewkenor M r Wroth M r Finch and M r Flower and the Bill was delivered to Sir Francis Drake who were appointed to meet in the Afternoon of this present day The Bill against persons Outlawed and such as will not pay their debts was read the second and third time and dashed upon the question M r Vice-Chamberlain one of the Committees in the Bill for Explanation of a branch made in the twenty third year of her Majesties Reign Intituled An Act to retain the Queens Majesties Subjects in their due obedience with some Addition to the same shewed the meeting of the said Committees yesterday their long tarrying together in the end their desisting without any determinable resolutions occasioned by reason of many and sundry Arguments and opinions and afterwards somewhat intimating the unkindness of the Lords in neglecting the said Bill in this House adviseth that a Conference be prayed with their Lordships for the better effecting of a convenient Law to be provided for meeting with the disordered
Petition by her Commandment and direction it was sent unto the Lords into the Upper House by Sir Robert Cecill then her Majesties Secretary and endorsed on the back side thus in his own hand Her Majesty hath commanded me to signifie unto your Lordships that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House Robert Cecill Which Petition being this 5 th day of November sent unto the House was there read as followeth To the Queens most Excellent Majesty BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary which was after the Death of the said Thomas your Suppliants great Grandfather and of Thomas his Son that had not any Issue of his Body and of the said George who died in the Life of his Brother Thomas the said William Father of your Suppliant being the Son and Heir of the said George and Heir Male to his said great Grandfather to which Parliament he was not summoned for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life and the said William being now dead your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment May it please your most gracious Majesty to consider the Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
upon Tyne was read the third time and passed upon the question M r Recorder of London M r Tanfield M r Wiseman M r Snagg M r Finch M r Lea M r Francis Moore M r Boyes M r Hide and M r John Shirley were added to the former Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of this instant January foregoing and were appointed to meet this Afternoon at two of the Clock in the Middle-Temple On Friday the third day of February the Bill to restrain the Lading of Corn in some Ports was upon the second reading committed unto M r Colebrand M r Hext Sir Thomas Mounson M r Arnold the Burgesses of Port Towns M r Shirley and others who were appointed to meet this Afternoon at two of the Clock in the Middle-Temple Hall The Bill also for the restraint of carrying of Corn out of the Realm was read the second time and committed to the last former Committees and the same time and place appointed for meeting and both the said Bills and Committees names were delivered to M r Colebrand The Bill against the excess of Apparel was read the third time and passed upon the Question M r Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill Intituled An Act for the reformation of the abuses touching Wine-Casks with special recommendation for the speedy proceeding in the same Bill and did further bring word from their Lordships that whereas their Lordships received a Bill from this House Intituled An Act for the reviving continuance and explanation of divers Statutes which Bill as their Lordships do wish good success unto so their Lordships do in that respect pray present Conference of some convenient number of this House with six of their Lordships Whereupon Mr. Shirley Mr. Snagg Mr. Duport Mr. Francis Moore Mr. George Crooke Mr. Finch Mr. Oldsworth Sir Robert Wroth Mr. Wiseman Mr. Boyes Mr. Tasborough Mr. Colebrand Mr. George Moore Sir Francis Hastings and Mr. Serjeant Lewkenor were presently appointed for that purpose accordingly Four Bills were sent up to the Lords from the House of Commons by Sir Francis Hastings and others of which the first was the Bill for Confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tyne And the second was for the renewing continuance and explanation of an Act for the necessary relief of Souldiers and Mariners Mr. Secretary one of the Committees in the Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars who were appointed on Friday the 27 th day of January foregoing shewed that he and the other of the Committees of this House have attended the Committees of their Lordships in that Bill accordingly And that they found their Lordships very honourably inclined to hear the further minds and opinions of this House touching any the parts or points of the said Bill for their Lordships better satisfactions concerning the same And so moving for another meeting of the said Committees of this House to consider and confer touching the said Bill amongst themselves in the mean time the Committees names were thereupon read by the Clerk and the time of their meeting set down to be to Morrow at two of the Clock in the Afternoon in the Exchequer Chamber Mr. Francis Bacon one of the Committees in the Bill lately passed in the Upper House and sent down by the Lords to this House Intituled An Act against the decaying of Towns and Houses of Husbandry shewed the meeting of the Committees and that the more part of them being imployed in the Committee of a Bill for the more speedy payment of the Queens Majesties Debts who were appointed on Tuesday the 31 th day of January foregoing And in the Bill for the better explanation of the Act made in the thirteenth year of her Majesties Reign Intituled An Act to make the Lands Tenements Goods and Chattles of Tellors Receivors c. liable to the payment of their Debts they would proceed in the said other Bill and so moved for another meeting for that purpose Whereupon it was Ordered the same should be at two of the Clock in the Afternoon of this present day in the Exchequer Chamber Mr. Serjeant Drew and Mr. Doctor Stanhop did bring from the Lords a Bill lately passed in this House and sent up to their Lordships Intituled An Act for the establishing of the Lands given by John Bedfords Will to the perpetual repair and Amendments of the Highways at Aylesbury in the County of Buckingham according to the said Will And did shew that their Lordships had likewise passed the same Bill in the Upper House with some Amendments and with a Proviso annexed unto the same by their Lordships and so did deliver the said Bill to Mr. Speaker Sir Francis Hastings and others returning from the Lords he shewed the delivering of the Bills unto their Lordships which were sent up unto them by himself and others the Members of this House The Bill for Reformation of abuses in Wine-Casks was upon the second reading committed unto Sir Robert Wroth the Knights and Burgesses of London Mr. Snagg Mr. Wiseman Mr. Thomas Smith the Burgesses of York Mr. Peirson Mr. Hext Mr. Stevenson Mr. George Moore and Mr. Lilley and the Bill and Committees names were delivered to Mr. Hext who with the rest was appointed to meet to Morrow in the Morning at eight of the Clock in the Committee Chamber On Saturday the 4 th day of February Mr. John Shirley one of the Committees in the Bill for the better Execution of Judgment who were appointed on Wednesday the 25 th day of January foregoing shewed the meeting and travel of the Committees and some their Amendments in the Bill and so delivered in the Bill The Bill for erecting and building of a Bridge over the River of Wye at Wilton upon Wye near the Town of Rosse in the County of Hereford was read the third time and passed upon the question M r Doctor Carew and M r Doctor Stanhop did bring from the Lords a Bill passed in this House and sent up to their Lordships intituled An Act for establishing a Joynture to Anne Lady Wentworth now wife of William Pope Esquire and for the better enabling of William Pope aforesaid to sell certain of his Lands for the payment of his Debts and another for the confirmation of the Jointure of the Lady Verney wife of Sir Edmund Verney Knight which Bill their Lordships have also passed with some Amendments The Bill for the more speedy payment of the Queens Majesties Debts and for the better explanation of the Act made in the 13. year of the Queen intituled An Act to make the Lands Tenements Goods and Chattels of Tellors Receivours c. lyable to the payment of their debts was read the third time and after very many Speeches and Arguments both with the Bill and against the Bill was
conclude their Conference about the Bill concerning Letters Patents and Conveyances c. another meeting was then appointed for them this Morning M r Attorney General and M r Doctor Carew were therefore sent unto them to let them know that their Lordships were ready presently to meet Unto which Message the House of Commons returned Answer that they would make their repair to their Lordships forthwith for that purpose Vide concerning this matter on Thursday the 17 th day of this instant December ensuing The Bill for the perfecting the Joynture of the Lady Bridget Countess of Sussex Wife of Robert Earl of Sussex was read secundâ vice but no mention was made either of the Commitment or Engrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill concerning the Joynture of the Countess of Bedford was returned to the House by the Earl of Worcester first of the Committees who were appointed on Friday the 4 th day of this instant December foregoing with a Proviso and certain Amendments thought meet to be added together with a Petition of the Lady Russell against the said Bill The Lords that were appointed Committees for the Bill touching Letters Patents c. went forth to the outward Chamber to have Conference with those of the House of Commons appointed Committees for the same Bill but nothing concluded touching the Amendments because the said Committees had no power to conclude and therefore after long debate the Bill was brought back to the House and the relation thereof referr'd to be made by M r Attorney and the same deferred till the Afternoon sitting by reason the day was spent Domimus Custos Magni Sigilli continuavit praesens Parliamentum usque in horam tertiam post Meridiem hujus diei About which hour the Lord Keeper and divers Lords having assembled themselves five Bills had each of them one reading of which the first concerning the draining and recovery from the Water of certain Overflown-Grounds in the County of Norfolk The second for Reformation of Abuses committed in buying and selling of Spices and other Merchandizes and the third to prevent Perjury and Subornation of Perjury and unnecessary expences in suits of Law were each of them read secundà vice But no mention is made either of their Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Proviso that was pretended to be added to the Bill for the Maintenance of the Navy encrease of Mariners c. was this day twice read in like sort as the Amendments of the said Bill had been before and thereupon the Bill was appointed to be forthwith engrossed The Bill for the maintenance of the Navy encrease of Mariners c. was read tertiâ vice and sent to the House of Commons together with the Bill concerning Captains Souldiers c. by D r Carew and D r Hone. The Amendments and Proviso in the Bill concerning the Countess of Bedfords Joynture were twice read and likewise the Lady Russells Petition was read Whereupon it was appointed that the Proviso should be ingrossed in Parchment and the Amendments in Paper The Committees in the Bill for the observation of Orders in the Exchequer who were nominated on Thursday the 10 th day of this instant December foregoing were appointed forthwith to meet in the little Chamber near the Parliament Presence to consider of a Proviso drawn by the Lord Chief Justice and the rest of the Judges by direction of the Committees which Proviso having been considered of accordingly was brought into the House and presently twice read And thereupon the said Proviso was commanded to be ingrossed The Bill for the assuring the Patronage of the Vicaridge of Rotherston in the County of Chester and a Scholars room in the Cathedral Church of Christ in Oxon of the Foundation of King Hen. 8 th by the Dean and Chapter of the said Cathedral Church to Thomas Venables Esquire and his Heirs for ever was read secundâ vice But no mention is made either of the Commitment or Engrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Relation was made by M r Attorney of the Conference with the Committees of the House of Commons touching Amendments of the Bill of Letters Patents c. Whereupon because the Committees of both Houses were not agreed it was thought good they should meet again upon Monday Morning being the 14 th day of this instant December and should have Authority to agree touching the setting down and penning of the said Amendments and reducing of them to a certainty together with the Committees of the House of Commons coming with the like Authority that afterwards the same might be presented to the Judgment of the House This Motion was sent down by D r Carew and D r Hone and was accepted Vide concerning this matter on Thursday the 17 th day of this instant December ensuing On Monday the 14 th day of December to which day the Parliament had been last continued on Saturday foregoing the Bill for the better observation of certain Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal was read tertia vice And the Proviso thought meet by the Committees to be added was also read the third time The Bill for the Assurance of certain Mannors and Lands for part of a Jointure to Lucy Countess of Bedford And the Provisoes and Amendments presented by the Committees to be added were also read the third time both which Bills were sent to the House of Commons for their consideration of the several Provisoes and Amendments by the hands of D r Swale and the Clerk of the Crown Four Bills also had each of them one reading of which the last being the Bill for the Grant of four entire Fifteenths and Tenths granted by the Temporalty was read secundâ vice But no mention is made either of the Commitment or ingrossing thereof the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing Vide also concerning this Bill on Tuesday the 15 th day of this instant December immediately following Two Bills were brought up to the Lords from the House of Commons of which the second being the Bill for Confirmation of the Charter of King Edward the Sixth of the three Hospitals of Christ Bridewell and S t Thomas the Apostle to the Mayor Commonalty and Citizens of London was read primâ vice The Bill to confirm the Assurance of the Mannors or Farms of Sagebury aliàs Sadgebury and Obden and other Hereditaments to Samuel Sands Esq and John Harris Gent ' and their Heirs And the Bill for the Amendment of certain imperfections of a Statute made in the Eighth Year of her Majesties Reign concerning the true making of Hats
fallen into the Lap of an Error only for lack of true Information Since I was Queen yet did I never put my Pen to any Grant but that upon pretext and semblance made unto me that it was both good and beneficial to the Subjects in general though a private profit to some of my antient Servants who had deserved well But the contrary being found by Experience I am exceeding beholding to such Subjects as would move the same at first And I am not so simple to suppose but that there be some of the Lower House whom these grievances never touched And for them I think they speak out of Zeal to their Countries and not out of Spleen or malevolent Affection as being Parties grieved and I take it exceeding grateful from them because it gives us to know that no respects or interesses had moved them other than the minds they bear to suffer no diminution of our Honour and our Subjects Love unto us The Zeal of which Affection tending to ease my People and knit their Hearts unto me I embrace with a Princely Care far above all Earthly Treasure I esteem my Peoples Love more than which I desire not to merit That my Grants should be grievous to my People and Oppressions to be Priviledged under colour of our Patents our Kingly Dignity shall not suffer it Yea when I heard it I could give no rest to my thoughts until I had reformed it Shall they think to escape unpunished that have thus oppressed you and have been 〈◊〉 of their duty and regardless of our Honour No. M r Speaker I assure you were it not more for Conscience sake than for any glory or encrease of Love that I desire these Errors Troubles Vexations and Oppressions done by these Varlets and lewd Persons not worthy the name of Subjects should not escape without condign punishment But I perceive they dealt with me like Physicians who ministring 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 mine Eyes and 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 Peoples 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 and though there were danger in repealing our Grants yet what danger would not I 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 dazled the Eyes of our understanding but that we will know and remember that we also are to yield an Account of our Actions before the great Judge To be a King and wear a Crown is more glorious to them that see it than it is pleasure to them that bear it For my Self I was never so much enticed with the glorious name of a King or Royal Authority of a Queen as delighted that God hath made me this Instrument to maintain his Truth and Glory and to defend this Kingdom as I said from Peril Dishonor Tyranny and Oppression There will never Queen sit in my Seat with more Zeal to my Country Care to my Subjects and that will sooner with willingness yield and venture her Life for your Good and Safety than my Self And though you have had and may have many Princes more mighty and wise sitting in this Seat yet you never had or shall have any that will be more Careful and Loving Should 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 mercies I have had from God who hath ever yet given me a Heart which never yet feared Foreign or home Enemies I speak it to give God the praise as a Testimony before you and not to attribute any thing unto my self For I O Lord what am I whom practices and perils past should not fear O what can I do these she spake with a great Emphasis that I should speak for any Glory God forbid This M r Speaker I pray you deliver unto the House to 〈◊〉 heartily recommend me And so I 〈◊〉 all to your best Fortunes and further Councels And I pray you Mr. Comptroller Mr. Secretary and you of my Council that before these Gentlement depart into their Countries you bring them all to kiss my Hand Thus far out of the aforesaid Journal Now follows part of the next dayes Passages out of the Original Journal-Book of the House of Commons On Tuesday the first day of December Three Bills had each of them one reading of which the last being the Bill for Inning of certain surrounded Grounds in the County of Norfolk was read the second time and committed to the former Committees for surrounded Grounds in the Counties of Cambridge and Huntington and unto Sir Michael Sands Sir Moile Finch M r Oliver Cromwell M r Walter Cradock and others and the Bill was delivered to Sir Robert Wroth one of the former Committees who with the rest was appointed to meet this Afternoon at two of the Clock in the Court of Wards The Amendments in the Bill touching imperfections of a Statute made in the eighth year of her Majesties Reign concerning the making of Hats were twice read and with the Bill Ordered to be ingrossed The Amendments in the Bill also against usual and common swearing were twice read and the Bill was Ordered to be ingrossed Upon the reading of the Amendments divers spake unto the Bill two of whose Speeches are here transcribed out of the private Journal as also others relating to other matters M r Gascock spake and said Man is made of two parts a Soul and a Body And there are two Governments the one Imperial the other Sacerdotal the first belonging to the Common-Wealth the second to the Church Swearing is a thing moral and toucheth the Soul and therefore fitter to be spoken of in a Pulpit than in a Parliament If the God of Abraham the God of Isaac and the God of Jacob hath sworn his Plague shall not depart from the House of the Swearers why should we not seek to repress this Vice which brings a Plague which breeds Mortality that breeds Destruction Desolation and the utter ruin of the Common-Wealth If he forbid us to Swear and we fear not his Commandments think you a pain of ten shillings as is here set down will make us refrain this iniquity I may speak of this Bill as a Painter which made a most Artificial Table of the Waves of the Sea and another Painter in the
668. Poor men commonly higher taxed in the raising of Subsidies than the rich and how it comes about p. 633. Few Justices vated at above eight or ten pound Lands whereas according to the Statute they ought to be at twenty ibid. Subsidies are of free gift and cannot be exacted by the Sovereign ibid. Succession Vide Limitation Two or three Members committed to Prison by the Queen for desiring the Lords to join with the House of Commons in a Petition to the Queen to entail the Succession of the Crown p. 470. Upon a Motion in the House for Petitioning the Queen for their enlargement the Courtiers are against it p. 497 Sunday Vide Sabbath Supersedeas to be awarded by the Lord Chancellor to stop proceedings in a Nisi prius against a Member p. 436 Supremacy a Bill for restoring it to the Crown 1 Eliz. sent from the Lords dashed by the Commons p. 47. The Oath of Supremacy made 1 Eliz. begun to be taken by the Members of Parl. 5 Eliz. p. 39. 78 A Member suspended by the Council from sitting in the House for bringing in a Bill to reform Ceremonies p. 168. But the suspension soon taken off p. 176 Common Swearing a Bill against it with a very ingenious Speech thereupon p. 660 661 T. THree Tenures in England p. 492 Thorp Vide Speaker Changing of Tillage into pasture prejudicial to the Common-wealth p. 551. Several Speeches on occasion of repealing a Statute for the increase of Tillage p. 674 Tin-Mines in Cornwall belonged to the Dukes of Cornwall so long as there were any by special Patent p. 646 Tonnage and Poundage a Bill for them 1 Eliz. p. 45 A Bill to make certain offences Treason 13 Eliz. with several Arguments thereupon p. 162 163 164 165 U. A Bill against Vagrants with some Speeches thereupon p. 165 Voices in Parliament ought to be free without any manner of compulsion p. 683 684 A Bill against Usury with sundry arguments and speeches thereon p. 171. ad p. 174 The End of the TABLE W. WAR Vide Spain A Bill that Wednesday shall be a Fish-day p. 87. It s benefit to the Navy and Mariners and in what places to be observed p. 372 A Bill against false Weights and Measures ingeniously spoken to by him that brought it in p. 626 627. Another to the same purpose p. 662 Welch tongue a Bill to translate the Bible and Service-Book into it p. 72 89 Lord Wentworth Arraigned for the loss of Calis p. 54 Peter Wentworth Esq his notable Speech for the Liberty of the House p. 236. ad p. 241. A Committee appointed to examine him upon it p. 241. He is sent to the Tower for speaking undutifully of her Majesty in it p. 244. Upon her Majesties pardoning him he is received into the House again after above a months imprisonment p. 259 260. He is sent to the Tower again by the Queens Order in the Parliament 35 Eliz. for desiring the Lords to join with the Lower House in a Petition to the Queen for entailing the Succession of the Crown p. 470 Westminster Vide Sanctuary Weymouth and Melcomb Regis incorporated by the Queens Letters Patents into one Borough but so that they still chuse four Burgesses p. 554. Whispering not permitted in the House p. 487 Whitby-haven a Bill for the re-edifying of it in 39 Eliz. rejected p. 567 Williams Thomas chosen Speaker 5 Eliz. p. 79. Vide the Table to the Journal of the House of Lords Winchester a Bill for the assurance of certain Lands late parcel of that Bishoprick to divers Patentees of Edw. 6. with that Bishops opposition to it p. 50 51. passed p. 52 Wray Christopher chosen Speaker 13 Eliz. p. 156 Writ of Summons to the Sheriffs for chusing Parliament men p. 37. Some alteration in the present from those of former times p. 38 39 Y. YArmouth a Bill for repealing part of its Charter dashed p. 562 Serjeant Yelverton chosen Speaker in the Parliament 39 40 Eliz. p. 549 550. His more than usual disabling of himself p. 549. His Speech to the Queen at the end of the Session p. 546 547 York a Bill for the office of its Town-Clerk p. 131 The End of the TABLE A Catalogue of Books Printed for John Starkey Bookseller at the Mitre in Fleetstreet near Temple-Bar DIVINITY 1. A Discourse of the Freedom of the Will By Peter Sterry sometime Fellow of Emmanuel Colledge in Cambridge in folio 2. The Jesuits Morals collected by a Doctor of the Colledge of Sorbon in Paris who hath faithfully extracted them out of the Jesuits own Books which are printed by the permission and approbation of the Superiors of their Society Written in French and exactly translated into English in folio 3. The Christians Consolations against the fears of Death with Prayers and Meditations sit to prepare all manner of persons for it Written in French by the late famous M r Drelincourt Minister of the Protestant Church at Charenton near Paris and from the twelfth Edition of it much corrected and enlarged by the Author Now newly translated into English by Marius a Assigny in octavo 4. The Living Temple or the Notion improved that A good man is the Temple of God By John Howe M. A. sometimes Fellow of Magdalen Colledge Oxon. in octavo 5. A Confutation of the Millenarian Opinion plainly demonstrating that Christ will not reign visibly and personally upon earth with the Saints for a thousand years either before the day of Judgment in the day of Judgment or after it By Tho. Hall B. D. PHYSICK 6. The Royal Pharmacopoeia Galenical and Chymical according to the Practice of the most Eminent and Learned Physicians of France and Published with their several Approbations By Moses Charras the Kings Chief Operator in his Royal Garden of Plants faithfully Englished Illustrated with several Copper Plates in folio 7. Basilica Chymica Praxis Chymiatricae or Royal and Practical Chymistry augmented and enlarged by John Hartman To which is added his Treatise of Signatures of internal things or a true and lively Anatomy of the greater and lesser World As also the Practice of Chymistry of John Hartman M. D. Augmented and enlarged by his Son with considerable Additions all faithfully Englished by a lover of Chymistry 8. The Compleat Chymist or a New Treatise of Chymistry teaching by a short and easy Method all its most necessary Preparations Written in French by Christopher Giaser Apothecary in Ordinary to the French King and the Duke of Orleans And from the fourth Edition Revised and Augmented by the Author Now faithfully Englished by a Fellow of the Royal Society Illustrated with Copper Plates in octavo 9. The Art of Chymistry as it is now practised Written in French by P. Thybault Chymist to the French King and Englished by W. A. Doctor in Physick and Fellow of the Royal Society in octavo 10. Medicina Instaurata or a brief Account of the true Grounds and Principles of the Art of Physick with the insufficiency
as my self And albeit it might please Almighty God to continue me still in this mind to live out of the State of Marriage yet is it not to be feared but he will so work in my Heart and in your Wisdom as good Provision by his help may be made whereby the Realm shall not remain destitute of an Heir that may be a fit Governour and peradventure more beneficial to the Realm than such Off-spring as may come of me For though I be never so careful of your well doing and mind ever so to be yet may my Issue grow out of kind and become perhaps ungracious and in the end this shall be for me sufficient that a marble stone shall declare that a Queen having Reigned such a time lived and died a Virgin And here I end and take your coming to me in good part and give unto you all my hearty thanks more yet for your Zeal and good meaning than for your Petition And under her Majesties Answer aforesaid was subscribed in the same hand as followeth This was Copied out of a Printed Copy garnisht with gilt Letters given to the Honourable the Lady Stafford of her Majesties Privy-Chamber and written out by Alex. Evesham 1590. By which subscription the authentickness of this Copy doth sufficiently appear On Saturday the 11 th of Feb. the Letany was said by the Clerk kneeling and answered by the whole House on their Knees with divers Prayers The Bill touching Tanners Curriers and Shoemakers for Tann'd Leather And the Bill for selling of Tann'd Leather in Markets were each of them read the first time As also the Bill for the Recognition of the Queens Majesties title to the Crown was read the first time and committed The Bill also touching Liberties of Hexham and Hexamshire and the Bill for the Confirmation of divers Grants and Leases made by Bishops deprived were each of them read the first time M r Sollicitor and M r D r Lewis brought from the Lords two Bills one concerning Treasons and another for Explanation of the Statute of seditious words and rumors The Bills for Tonnage and Poundage and for the Subsidy of the Temporalty were sent up to the Lords by M r Treasurer and others not named in the Original Journal-Book of the House of Commons On Monday the 13 th day of February the Bill for Garbling of Feathers was read the first time The Bill for thicking of Caps by mens Feet and Hands And the Bill for annexing the Supremacy to the Crown were each of them read the second time both which Bills as it should seem were now dashed upon the second reading aforesaid the first of them as probably may be gathered without any great dispute but the latter being of great weight was long argued as appears plainly by the Original Journal-Book of the House of Commons before it was dashed and the new Bill framed to the same effect was read the first time on Tuesday the 21 th day the second time on the 22. day and the third time on Saturday the 25. day of this Instant February ensuing when it passed the House Vide plus concerning this matter on Tuesday the 27. day of April ensuing On Tuesday the 14. day of February the Bill to bring Artificers to dwell in Market Towns was read the first time Divers Arguments passed in the House touching the framing of a new Bill for annexing of the Supremacy to the Crown On Wednesday the 15 th day of February Committees were appointed for the drawing of a new Bill for annexing of the Supremacy to the Crown The Bill to restore the Earl of Pembrook Sir John Mason M r H. Nevill M r Fitz Williams Sir P. Foly Sir Hen. Seymour Sir Richard Sackvill Patentees by King Edw. the Sixth of the late Bishop of Winchesters Lands and the Bill for Order of Service and Ministers in the Church were each of them read the first time Upon a Request made to the Lords that thirty of this House might attend their Lordships for the Authority of his place whom it shall please the Queen to take to Husband M r Attorney declared from the Lords that twelve of their Lordships will be to morrow in the Afternoon in the Star-Chamber to meet with the thirty Members of this House The Bill for punishment of divers Treasons and the Bill for punishment of false rumors or tales were each of them read the first time On Thursday the 16. of Febr. the Bill for Common-Prayer and Administring of Sacraments was read the first time Two Bills also had each of them one reading the first being the Bill for the payment of an imposition by French Men in Somerset and Dorset to Melcombe Regis was read the second time and as it should seem committed to M r South and others not named The Bill for Recognition of the Queens Highness Title to the Crown was read the second time but no mention is made that it was either referred to Committees or Ordered to be ingrossed and the reason thereof was that this Bill had passed the Upper House and was sent down to the House of Commons on Thursday the 9. day of this instant Feb. foregoing fairly ingrossed in Parchment and therefore can be no more ingrossed neither do the Lords ordinarily refer such Bills to Committees unless there be very great cause in respect that each House holding correspondency with others they do not willingly submit that to the Agitation of a private Committee which hath been allowed and approved by the wisdom of the whole House The Bill for the deceitful using of Linnen Cloth was read the first time The Bill for the Recognition of the Queens Title to the Crown was read the second time but no mention is made that it was either Ordered to be engrossed or referr'd to Committees because it had been formerly sent from the Lords The Bill for punishment of divers Treasons was read also the second time which Bill being of great moment was as it should seem committed to M r Vice-Chamberlain erroneously written Fitz Chamberlain as may plainly be gathered and others although it had been sent down from the Lords on Saturday the 11 th day of this instant Feb. foregoing in which Case Bills usually pass of course in the House of Commons when they come ready expedited in Parchment from the Lords The Bill for restitution in Blood of the Queens Highness for the Attainder of Queen Anne her Highness Mother being brought from the Lords by M r Attorney was read the first time On Friday the 17 th day of February two Bills of no great moment had each of them one reading of which the second being the Bill to restore the First-Fruits and Tenths with a new Proviso was read the second time and as it should seem committed to M r Sackvill and others although it had been formerly sent down from the Lords On Saturday the 18 th day of February four Bills of no great moment had each of them their first
reading of which the last was the Bill to reverse Judgments in praecip quod red for lack of Summons The Bill for Leases and Offices made by the deprived Bishops was read the second time and as it should seem committed to M r Gates and others The Bill also for the Patentees of the Bishop of Winchesters Lands was read the second time The Bill lastly for restitution in Blood of the Queens Highness after Queen Anne was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the Lords on Thursday the 16 th of this instant February foregoing On Monday the 20 th day of February the new Bill for Tanning and selling of Tann'd Leather and the new Bill for regrating of Tann'd Leather were each of them read the first time The Proviso from what time the Repeal of the Attainder of Cardinal Poole shall have commencement was read the first time The Bill touching common Recoveries was read the first time The Bill for the Sessions to be holden in Pembrook Town was read the second time and Ordered to be ingrossed and the Bill explaining the Act of Regrators Forestallers c. was read the second time The Proviso in the Bill for First-fruits was read the first and second time The Bill lastly of Tonnage and Poundage was brought from the Lords by M r Sollicitor On Tuesday the 21 th day of February three Bills of no great moment had each of them their first reading of which the last was the new Bill for the payment of an imposition by Frenchmen to Melcomb Regis in Dorsetshire The Bill for the First-Fruits and Tenths annexed to the Crown and the Bill for the restitution in Blood of the Queen after her Highnesses Mother did each of them pass upon their third reading and were sent up to the Lords by M r Comptroller and others with the Bill of the Subsidy The new Bill for the Supremacy of the Church c. annexed to the Crown was read the first time On Wednesday the 22 th day of February two Bills of no great moment had each of them one reading of which the second being the Bill for Supremacy of the Church annexed to the Crown was read the second time and ordered to be engrossed The Bill for restitution of Gerson Wroth to be naturally English Born was read the first time The Bill against regrating of Tann'd Leather and Carriers of Leather The Bill for Tanners and selling of Leather in open Market And the Bill touching the Repeal of the Attainder of Cardinal Poole were each of them read the second time and Ordered to be ingrossed Two Bills lastly of no great moment had each of them one reading of which the last being the Bill for punishment of Treasons with a Proviso from the House of Commons was read the third time and passed the House On Friday the 24 th day of February the Bill touching carrying of Woollen-Cloths over the Sea The Bill for searching and sealing of Woollen-Cloths And the Bill for Heneden and Holdenshire parcel of the Bishoprick of Durham to be to Sir Francis Jobson Knight were each of them read the first time The Bill for the restitution of the Blood of Sir James Croft and the like Bill for Sir Hen. Gates were brought from the Lords by M r Comptroller and others John Smith returned a Burgess for Cammelford in Cornub. upon a Declaration by M r Marsh that he had come to this House being Out-lawed and also had deceived divers Merchants in London taking Wares of them to the summ of three hundred pounds minding to defraud them of the same under the colour of the Priviledge of this House the Examination whereof being committed to Sir John Mason and others of this House it was found and reported to be true and a Writ of Capias utlagatum against him was directed to the Sheriff of London return Quindena Paschae next at the Suit of Will. Pinchbeck and Johan his Wife in a Plea of Detinue Upon which matters consultation being had in the House the Question was asked by M r Speaker if he should have priviledge of this House or not But by the more number of Voices it seemed that he should not have priviledge And upon the division of the House the number that would not have him to be priviledged was a hundred and seven persons and the number that would he should be priviledged was a hundred and twelve and therefore it was Ordered that he should still continue a Member of the House Vide concerning this matter in a like President in an 35 Regin Eliz. in the Journal of the House of Commons on Thursday the first day Friday the 2 d day on Saturday the 17 th day and on Monday the 19 th day of March. On Saturday the 25 th day of February the Bill for the Incorporation of Trinity-Colledge in Cambridge and the Bill for the preservation of the Fry of Eels and Salmons were each of them read the first time The Bill for the Supremacy of the Churches of England and Ireland and abolishing of the Bishop of Rome with a Proviso for Richard Chettwood and Agnes Woodhall was read the third time and passed upon the Question And one other Proviso touching Robert Harecourt Merchant of the Staple was read the first second and third time On Monday the 27 th day of February five Bills of no great moment had each of them one reading of which the three last being for the restitution in blood of John Lord Grey Sir James Croftes and Sir Henry Gates were each of them read the first time The Bill touching the Declaration of the Repeal of the Attainder of Cardinal Poole was read the third time and passed the House and was sent up to the Lords by M r Treasurer together with the Bill touching the Queens Supremacy and also the Bill of Treasons The new Bill for preservation of Woods was read the first time The Bill lastly for repealing and reviving an Act for Shoomakers and Curriers And the Bill for Tanners and selling of Tann'd Leather in Markets or Fairs were each of them read the third time and passed upon the Question On Tuesday the 28 th day of February three Bills of no great moment had each of them one reading of which the last being the Bill for assurance of certain Lands late parcel of the Bishoprick of Winchester granted to King Edward the Sixth and by his Letters Patents granted to the Earl of Pembroke Sir William Fitz-Williams Sir Philip Hobbie Sir John Mason Sir Henry Seymour Sir Henry Nevil and Sir Richard Sackvill was read the first time and as it should seem committed to M r Kingsmell to be considered of John Owersall one of the Burgesses for Hull Edmund Gascoigne Burgess for Thetford in the County of Norfolk and William Carvell one of the Burgesses for Northampton were each of them in respect of their several
to be engrossed because it had been formerly sent from the House of Commons Five Bills were brought up to the Lords from the House of Commons of which one was the Bill touching Mary Daughter and Heir of James the Fifth late King of Scots commonly called the Queen of Scots and another for the Reformation of the inordinate length of Kersies Nine Bills also of no great moment had each of them one reading of which the first being the Bill for the better assurance of Gifts Grants c. made and to be made to and for the relief of the Poor in the Hospitals within and near unto the City of London of Christ Bridewell and S t Thomas the Apostle with a Proviso and certain amendments added by the Lords was Ordered to be ingrossed And the second being for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read tertia vice conclusa commissa Sollicitatori Reginae Doctori Lewes in Domum Communem deferend On Friday the 27 th day of June Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for the continuance of certain Statutes with certain amendments and a Schedule thereunto annexed being thrice read was concluded The Bill for the Explanation of the Statute for Fugitives over the Seas with a new Proviso added by the Lords and the Bill touching the Free-School of Tunbridge with a new Proviso were each of them read tertia vice conclus Commis Sollicitatori Reginae in Domum Communem deferend Memorand Quod hoc praesenti 27 die Junij Anno Regni Elizabethae Reginae 14. Andreas Fisher de Graies-Inne in Com. Midd. Gen. Henricus Fisher de Greves-Norton in Com. Northampton Gen. coram Domina Regina in Cancellaria sua personaliter constituti recognoverunt se debere Johanni Ryvers Civi Aldermanno de London tres mille libras legalis Monetae Angl. solvend eidem Johanni c. nisi fecerint c. The Condition of this Recognizance is such That if they above-bound Andrew Fisher and Henry Fisher and either of them and the Heirs and Assigns of them or either of them do well and truly stand to perform and accomplish and cause to be performed and accomplished all such award order and direction as shall be made and Ordained by the Right Honourable Thomas Earl of Sussex Francis Earl of Bedford Robert Earl of Leicester and William Lord Burleigh or any three of them for and concerning all and singular those Messuages Lands Tenements and Hereditaments which heretofore were bargained and sold by Henry Fisher Father of the said Andrew and Henry to one Richard Smith Citizen of London and now or late in the Tenure or Occupation of John Rivers Citizen and Alderman of London or of any his Tenants or Farmors and for the right Title Inheritance and Possession of the same so that the said award order or direction be had and made in writing under the hands and Seals of them or three of them on this side and before the Nativity of our Lord next coming That this Recognizance to be void otherwise to remain and abide in his full force strength and effect Memorand That the two Brethren Recognitors in consideration that Alderman Ryvers his Cause touching the purchasing of certain Lands bona side mentioned in the said Bill Exhibited in this Parliament for the said School may remain unholpen and be excepted out of the said Bill were contented and by way of Petition have submitted themselves to abide the Order and Determination of the Earl of Sussex the Earl of Bedford the Earl of Leicester and the Lord Burleigh or three of them so as the same be made on this side the Feast of the Birth of our Lord God next For the more sure performance whereof not only they acknowledged this Recognizance of three thousand pound but also of their own offer they yielded their Bodies to be Prisoners in the Queens-Bench where the Elder Brother then remained by force of an Execution at a Strangers Suit there to remain until they did bring before the Lord Keeper of the Great Seal sufficient Sureties with them to be bound by Recognizance in the said sum of three thousand pound for the same Nota That it should seem this business concerned the Free Grammar-School of Tunbridge mentioned on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June foregoing in respect that certain Lands were to be purchased for it by the before-mentioned John Rivers Alderman of London and thereupon this Recognizance with the Condition thereof came to be entred in the Original Journal-Book of the Upper House de an isto 14 Reginae Eliz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lord Archbishop of Canterbury and divers other Lords meeting in the absence of the Lord Keeper it doth not appear in the Original Journal-Book of the Upper House that any thing was done but only the Parliament continued in manner and form following viz. Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora octava On Saturday the 28 th day of June Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam post Meridiem About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting The Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of certain Lands and Tenements to the maintenance of a Sermon to be had in the Church of S t Paul in London for ever was read tertia vice conclusa The Bill for the assurance of certain Lands for the maintenance of the Poor in the Hospitals was read tertia vice conclusa with a new Proviso added thereunto by the Lords and commissa Doctori Lewis Doctori Huick in Domum Communem deferend The Bill against the excessive length of Kersies was read secunda tertia vice conclusa Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the assurance of Gifts Grants c. made for the relief of the Poor in Hospitals c. was returned conclusa The Bill for the repeal of a Statute made an 8 Reginae Eliz. for the Town of Shrewsbury was read tertia vice with a Proviso added thereunto by the Lords quae conclusa est and sent to the House of Commons by D r Lewis and D r Huick On Monday the 30 th day of June to which day the Parliament had been on
Saturday last continued The Bill for the reviving of a Statute made an 8 Eliz. for the Town of Shrewsbury was returned from the House of Commons conclusa The Bill against delays in Judgment in the Common Law was read secunda vice but there is no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the House of Commons on Saturday the 28 th day of this instant June immediately foregoing In the Parliament Chamber where the Lords Spiritual and Temporal Assembled the day abovesaid in an 14 Regin Eliz. c. Whereas upon Complaint and Declaration made to the said Lords Spiritual and Temporal by Henry Lord Cromwell a Lord of the Parliament that in a Case between one James Tavernor against the said Lord Cromwell depending in the Court of Chancery for not obeying to an Injunction given in the said Court of Chancery in the absence of the Lord Keeper of the Great Seal at the Suit of the said Tavernor the person of the said Lord Cromwell was by the Sheriff of the County of Norfolk attached by virtue of a Writ of Attachment proceeding out of the said Court of Chancery contrary to the antient priviledge and immunity time out of memory unto the Lords of Parliament and Peers of this Realm in such case used and allowed as on the behalf of the said Lord Cromwell was declared and affirmed wherein the said Lord Cromwell as a Lord of Parliament prayed remedy Forasmuch as upon deliberate Examination of this Case in the said Parliament Chamber in the presence of the Judges and other of the Queens Majesties Learned Council there attendant in Parliament and upon Declaration of the opinions of the said Judges and Learned Council there hath been no matter directly produced or declared whereby it did appear or seem to the said Lords of Parliament there Assembled that by the Common Law or Custom of the Realm or by any Statute Law or by any President of the said Court of Chancery it is warranted that the person of any Lord having place and voice in Parliament in the like case in the said Court of Chancery before this time hath been Attached so as the awarding of the said Attachment at the Suit of the said Tavernor against the said Lord Cromwell for any thing as yet declared to the said Lords appeareth to be derogatory and prejudicial to the antient priviledge claimed to belong to the Lords of this Realm Therefore it is the day and year aforesaid Ordered by consent of all the said Lords in Parliament there Assembled that the person of the said Lord Cromwell be from henceforth discharged of and from the said Attachment Provided nevertheless and so is the mind of the said Lords in Parliament plainly by them with one assent declared That if at any time during this Parliament or hereafter in any other Parliament there shall be shewed sufficient matter that by the Queens Prerogative or by the Common Law or Custom of this Realm or by any Statute Law or sufficient Presidents the person of any of the Lords of Parliament in such Case as this Case of the Lord Cromwell is ought to be attached or attachable then and from thenceforth it is by this order intended that to take place which so shall be shewed and warranted as above is said This Order or any thing therein to the contrary notwithstanding In the Original Journal-Book of the Upper House is no entrance of any continuance of the Parliament which seemeth to have been omitted through the negligence of Anthony Mason Esq at this time Clerk of the same House although it may very easily be gathered that the Parliament was continued unto some hour in the Afternoon of this present day and most probable it is that it was continued by the Lord Keeper because it appeareth without all question that he was present in the Afternoon Post Meridiem In the Afternoon the Queens Majesty as may easily be gathered was present with the Lord Keeper and divers Lords Spiritual and Temporal but their names through the great negligence of the above-named Anthony Mason Esq are not at all noted with the mark of being present neither are any of the passages of this Afternoon there entred saving only the Adjournment of the Parliament although it be most certain that her Majesty being present this Afternoon did put an end to this Session of Parliament by giving her Royal Assent to thirteen publick Acts and four private But yet there passed no Bill of her Majesties free and general pardon to the Subject nor of any Subsidies from them to her Majesty and the reason of it is plain because this Session of Parliament although some Statutes did of course pass in it was doubtless convocated chiefly for that great business touching the Scottish Queen of which there are divers passages in this proceeding Journal which see on Monday the 12 th day and on Wednesday the 28 th day of May on Tuesday the 10 th day and on Thursday the 26 th day of this instant June foregoing And therefore now lastly as touching the manner of her Majesties giving her Royal Assent to such Acts as passed in respect that it is matter of form and seldom differeth it is therefore supplied omitting that only which concerns the Bills of Subsidy and Pardon out of a draught thereof set down in the end of the Original Journal-Book of the Upper House in the Parliament de an 39 Regin Eliz. although it be omitted in that of this present Session of Parliament To every publick Act that passed after that it had been read the Clerk of the Upper House standing up did openly pronounce her Majesties Allowance in these French words following La Roigne le veult To every private Act that passed the said Clerk read the Queens Answer in these French words following Soit fait come il est desiré These two last Answers to the publick and private Acts that pass are to be written by the said Clerk at the end of every Act. To such Acts as her Majesty doth forbear to allow the Clerk of the Parliament read in these French words following La Roigne s'advisera The several Acts being thus passed the next matter that followed was the Adjournment of the Parliament which is Entred in the Original Journal-Book of the Upper House in the manner and form following Dominus Custos magni Sigilli ex Mandato Dominae Reginae adjournavit praesens Parliamentum usque in festum omnium Sanctorum proximum futurum By the Entrance of which Adjournment it doth plainly appear that her Majesty was present in respect that it is said that the Lord Keeper Adjourned the Parliament ex mandato Dominae Reginae And it is also worthy the observation that as the greatest part of the passages of this foregoing Monday on which this Session of Parliament ended are through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House
Souldiers as shall be found to have most need thereof 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 are to contribute in double manner Which Order is thought very just considering the Lords and others who 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 forbear thus to do which is hoped in Honour none will do there shall be ordinary means used to levy the same On Friday the 6 th day of April to which day the Parliament had been last continued four Bills of no great moment had each of them one reading of which the second being the Bill for avoiding deceits used in sale of twice laid Cordage for the better preservation of the Navy of this Realm was read tertia vice conclusa Eight Bills were sent up to the Lords from the House of Commons of which the last was the Bill to make void the Spiritual Livings of those that have forsaken the Realm and do cleave to the Pope and his Religion On Saturday the 7 th day of April Two Bills of no great moment had each of them one reading of which the first being the Bill for rating of the Wages of Spinners and Weavers and to reform the falsities of Regrators of Woollen Yarn was read primâ vice On Monday the 9 th day of April to which day the Parliament had been last continued three Bills were each of them read secundà tertiâ vice and so expedited of which the second was the Bill for the bringing of fresh Water to the Town of Stonehouse in the County of Devon Eight Bills also this Morning were sent up to the Lords from the House of Commons of which the first being the Bill for the Naturalizing of Justice Dormer and George Sheppy being born beyond the Seas of English Parents and to put them in the nature of meer English was read primâ secundâ vice But it doth not appear whether this Bill were committed or no which did not only happen in this place by the negligence of M r Anthony Mason at this time Clerk of the Upper House but also through the whole Original Journal Book of the said House this Parliament in all which although divers Bills are said to be read the second time yet it is not at all expressed whether they were thereupon Ordered to be ingrossed or further to be considered of by some select Committees of the House one of which of necessity must be put in Execution upon the said second reading of a Bill both in the Upper House and that of the House of Commons unless the Bill have its third reading also at the same time and pass the House or else be dasht upon the question and so cast out of it This Morning finally Whereas a Bill Intituled An Act touching Power and Liberty to repeal certain uses of a Deed Tripartite herein mentioned of and in certain Lands Mannors and Tenements of Anthony Cooke of Romford in the County of Essex Esquire hath been heretofore three times read and assented unto by the Lords in the which Bill there is no Saving to the Queens Majesty or any other person or persons of their lawful Estates or Titles This day there was a Saving drawn for her Majesty and all others which was offered 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 resolved that the Saving should be added to the Bill for that it is usual and requisite to have some Saving 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 other be saved thereby Nevertheless upon weighty considerations the Lords have Ordered that this shall not hereafter be drawn to make any Precedent On Tuesday the 10 th day of April in the Morning were two Bills read of which the second being the Bill for the Queens most gracious and general free Pardon was read primâ vice and so passed upon the question 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 read three times both by the Lords and the 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 in these words viz. Dominus Custos magni Sigilli continnavit praesens Parliamentum usque in horam c. à Meridie Between five and six of the Clock in the Afternoon this present Tuesday being the tenth day of April the Queens Majesty accompanied with her Officers and daily Attendants came to the Upper House and as soon as her Majesty with the 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 Subsidy The said Speaker being placed at the Bar at the lower end of the Upper House and as many of the House of Commons as could conveniently being let in after Humble Reverence done to her Majesty spake as followeth THE High Court of Parliament most High and Mighty Prince is the greatest and most ancient 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 Noble Predecessors Kings of England In the time of the West-Saxons a Parliament was holden by the Noble King Ina by these words I Ina King of the West-Saxons have caused all my Fatherhood Aldermen and wisest Commons with the Godly men of my Kingdom to consult of weighty matters c. Which words do plainly shew all the parts of this High Court still observed to this day For by King Ina is your Majesties most Royal Person represented The Fatherhood in Ancient time were these which we call Bishops and still we call them Reverend Fathers an Ancient and chief part of our State By Aldermen were meant your Noblemen For so honourable was the word Alderman in Ancient time that the Nobility only were called Aldermen By Wisest Commons is meant and signified 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 weightest matters so is your Highness Writ at this day pro quibusdam arduis urgentibus negotiis nos Statum defensionem Regni nostri
Ecclesiae tangentibus Your Highness Wisdom and exceeding Judgment withal careful Providence needed not your Councils But yet so urgent Causes there were of this Parliament so important Considerations as that we may say for that we cannot judge never Parliament was so needful as now nor any 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 later a habet latiora he is placed in the midst of their habitations ut in tutissima turri They forrage abroad sucking Honey from ever Flower to bring to their King Ignavnm fuces pccus à praesepibus arcent The drones they drive away out of their Hives non habentes aculeos And who so 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 ne percant ut consundantur ne noccant Under 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 venoms there be But such Drones and Door Bees we will expel the Hive and serve your Majesty and withstand any enemy that shall assault you Our Lands our 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 strength 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 fear I have been too long and therefore to come now to your Laws The Laws we have conferred upon this Sessions 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 continuances 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 Upper 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 your Father took from those Superstitious Monasteries and Priories and translated them to the erecting and setting up of many Foundations of Cathedral Churches and Colledges greatly furthering the maintenance of Learning and true Religion The other Law to suppress the obstinate Recusant and the dangerous Sectary both very pernitious to your Government Lastly Your loving and obedient Subjects the Commons of the Lower House humbly and with all 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 only 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 Majesties most gracious Pardon The Lord Keeper received Instructions from the Queen and afterwards replied unto the Speaker The former part of this Speech was an Answer almost verbatim to the Speakers Oration very excellently and exactly done And those things which follow are to this or the like purpose viz. That her Majesty did most graciously accept of these Services and Devotions of this Parliament commending them that they had imployed the time so well and spent it in so necessary affairs save only that in some things they had spent more time than needed But she perceived that some men did it more for their satisfaction than the necessity of the thing deserved She misliketh also that such irreverence was shewed towards Privy Councellors who were not to be accounted as common Knights and Burgesses of the House that are Councellors but during the Parliament whereas the other are standing Councellors and for their wisdom and great service are called to the Council of the State That the Queens Majesty had heard that some men in the Cause 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 imminent That her Majesty would not have the people seared with a report of great dangers but rather to be encouraged with boldness against the Enemies of the State And that therefore she straitly charged and commanded that the Mustered Companies in every Shire should be supplied if they were decayed And that their Provisions of Armor and Munition 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 Treasures 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 have charged her Subjects nor have accepted of this they give her The Lord Keeper's Speech being ended after some time of Intermission the Queen being set in her Chair of State used a Princely Speech unto the House of which the greatest part was to the effect and purpose following viz. THis Kingdom hath had many Wise Noble and Victorious Princes I will not compare with any of them in Wisdom Fortitude and other Vertues but saving the Duty of a Child 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 that my Womanhood and weakness in that respect But