ac vobis per seperalia Brevia nostra apud Civitat diem praedict interesse mandaverimus ad tractandum consentiendum concludendum super hiis in dicto Parliamento nostro tunc ibidem proponerentur tractarentur quibusdam tamen certis de causis considerationibus nos ad hoc specialiter moventibus dictum Parliamentum nostrum usque ad quartam diem Februarii prox futur duximus prorogandum Ita quod nec vos nec aliquis vestrum ad dictum duodecimum diem Novembris apud Civitatem praed comparere teneamini seu autemini volumus enim vos quemlibet vestrum nos penitus openerari Mandanies tenore presentium firmiter injungendo precipientes vobis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum quartam diem Februarii apud praedictum Civitate Westmonaster personaliter compereatis intersitis quilibet vestrum compereat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de Communi consilio dicti Regni nostri favente Domino contingerint ordinari In cujus rei testimonium has literas nostras sieri fecimus Patentes Teste meipsam apud Westm quinto decimo die Octobris Anno Regni nostri tricesimo Per ipsam Reginam Ha. Gerrarde And according to this Prorogation the Parliament held on the fourth day of February following when the Queen's Majesty in her accustomed state and order came to the Upper House accompanied by Sir Christopher Hatton Knight then Lord Chancellor of England and divers of the Nobility of which the Journal-book maketh mention in manner and form following On Tuesday the fourth of February Feb. 4. The Q. comes to the House of Lords in the 31th year of the Reign of Queen Elizabeth to which day the Parliament had been last prorogued and accordingly now held the Queen's Majestie was personally present in Parliament but the Journal-book doth not mention the names of such Lords as were then present The Queen being set under her Cloath of Estate and the Lords placed in their several ranks and order and as many of the House of Commons as conveniently could being let in and standing before the Bar Sir Christopher Hatton Knight Lord Chancellor of England Heads of the L. Chancellor Hatton's Speech in a well-framed and discreet Speech did there declare unto them at large the Queens gracious disposition to Peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyeth by her Government and remembred the great Conquest over the Spanish late wonderful Army or Fleet on the Seas viz. Anno Dom. 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed that the cause of calling this Parliament to be that by the consent of the most grave and wise persons now called together out of all parts of the Realm preparation may as far forth as by councel of man is possible to be made and provided that Arms Souldiers and Moneys may be in readiness and an Armie prepared and furnished against all Events The Lord Chancellor's Speech being ended the Clerk of the Parliament read the Names of the Receivers and Triers of Petitions in French according to the usual form which were these Receivers of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Committees or Receivers and Triers of Petitions Sir Gilbert Gerrard Kt. Master of the Rolls Sir Robert Shute one of the Justices of the Kings-bench Dr. Aubery and Dr. Ford. Receivers of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common-Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common-Pleas Dr. Clarke and Dr. Cary. Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral the Lord Cobham and the Lord Gray of Wilton Triers of Petitions for Gascoigne and for other Countries on the other side the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrooke the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and Lord Buckhurst During this Parliament upon several days seven Temporal Lords sent their Proxies so did five Spiritual Lords Et norandum That all the said Spiritual Lords excepting one did every one constitute two several Proctors and the fifth being John Bishop of Carlisle whose Proxie was returned February the fifth made onely one viz. the Archbishop of Canterbury his Proctor It likewise seldom happeneth that any Bishop doth nominate fewer than three or two Proctors nor any Temporal Lord more than one Nota That the Lord Burleigh had this Parliament four Proxies sent unto him viz. one from the Lord Dacres one from the Earl of Warwick one from Viscount Mountacute and one from the Lord Lumley Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox hora secunda post meridiem On Thursday February 6. to which day the Parliament had been last continued the Queens Majestie was personally present coming to the said Parliament in her accustomed state and order about three of the clock in the afternoon it being the time appointed for the House of Commons to present their Speaker who they had been authorized to chuse on Tuesday last when the Parliament first began And thereupon accordingly the Queen and Lords being set and the said Knights Citizens and Burgesses of the House of Commons being let into the Upper House two of the most eminent persons of the said House did lead up to the Bar of the Upper House George Snagg Serjeant at Law Geo. Snagg their Speaker presented to the Queen Excuses himself who was chosen the Speaker of the said House of Commons who being placed at the said Bar and silence being made did in a modest and discreet Speech disable himself by reason of his many imperfections and humbly desired her Majestie to discharge him of that great Place and to nominate some other more able and sufficient Member of the same House Whereupon the Lord Chancellor by commandment from the Queen The Queen approves of him did let him know That her Majestie did very well allow of his Choice and thereupon encouraged him willingly and cheerfully to undertake and execute that Charge and Place to which he had been by the free and unanimous consent of the House of Commons elected and chosen Upon which Speech of the Lord Chancellor's the said Speaker according to the usual course and form rendering all humble thankfulness to the Queens Majestie for her underserved
the Lords being thus sate An. 1592. and the Knights Citizens and Burgesses of the House of Commons as many as conveniently could be let in about two of the clock in the afternoon Sir John Puckering Lord Keeper of the Great Seal by command from the Queen spake to this effect The Lord Keeper's Speech THat though the assembling of Parliaments hath antiently been and still were for the Enacting of Laws and Reforming of Abuses and Grievances of the Subjects within the Realm The Lord Keepers Speech 〈◊〉 to direct the â—â—sâ—â—â—â—s in this Session yet at this time the Queens Majesty was desirous to have the Advice of all her loving people concerning the Defence and Preservation of her Self her Realms and Subjects from the Power and Oppression of a forreign Enemy Then he declared that this Enemy was the King of Spain and that his malice was increased by his loss and shame received in 88. That his resolution still was to invade this Kingdome The Spaniards Design of Reveenge discovered did plainly appear by his building and getting together many Ships of less bulk which would be fitter for service in our Seas than those greater Galliasses and Gallions had been in 88. That he desired some nearer place from whence to invade England and therefore at this time was labouring to plant himself in Britain a part of France And his Designes laid open That he had raised Factions in Scotland and Conspiracies against the King there finding him an enemy to his ambitious desires And therefore we her Majesties Subjects said he must with all dutiful consideration think what is fit for us to do Exâ—… them to raise Moneys and with all willingness yield part of our own for the defence of others and assistance of her Majesty in such an unsupportable charge Were the cause between Friend and Friend how much would we do for the relief of one another but the cause is now between our Soveraign and our selves seeing there is so much difference in the parties how much more forward ought we to be The Aid formerly granted to her Majesty in these like cases is so ill answer'd 〈…〉 Supplies paied and with such slackness performed as that the third of that which was granted cometh not to her Majesty A great shew a rich grant and a long sum seems to be made but little it is hard to be gotten and the sum not great which is paid and 〈…〉 Her Majesty thinks this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability so that one dischargeth himself and th' other is not able to satisfie that he is charged withal these things should be reformed by such as are Commissioners in this service Wherefore it is her Majesties pleasure 〈…〉 the time be not spent in devising and enacting new Laws the number of which are so great already as it rather burtheneth than easeth the Subject but the principal cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding those intended Invasions which are now greater than ever before were heard of And where heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and vain ostentations more than in speaking things of substance the time that is precious would not be thus spent This Session cannot be long the Spring-time is fit that Gentlemen should repair to their Countreys the Justices of Assize also to go their Circuits so the good hours would not be lost in idle Speeches but the little time we have should be bestowed wholly on such business as is needful to be considered of and Thursday next is appointed the day to present the Speaker Assoon as the Lord Keeper's Speech was ended Receivers of Petitions named the Clerk of the Parliament read the names of the Receivers of Petitions for England Ireland and Wales and Scotland Sir Francis Popham Lord Chief-Justice of the Kings-Bench John Clinch one of the Justices of the said Bench Dr. Awbery Dr. Ford and they which will deliver Petitions are to deliver the same within six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord chief-Chief-Justice of the Common-Pleas Sir William Peryam Lord Chief-Baron Tho. Walmesley one of the Justices of the Common-Pleas Doctor Cary Doctor Stanhop and they which will deliver Petitions are to deliver them within six days next ensuing Triers of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquiss of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Essex the Bishop of London the Bishop of Durham the Lord Howard of Effingham Earl Marshal and Lord Admiral of England the Lord Cobham the Lord Grey of Wilton all these or four of them calling to them the Lord Keeper of the Great Seal of England and the Lord Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triers of Petitions for Gascoigne and other parts beyond the Seas and the Isles the Earl of Oxford great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Lincolne the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley the Lord Buckhurst all these or any four of them Although the usual Custome in the Original Journal-books is to place all Proxies upon what days soever returnable before the beginning of the Journal it self yet I have conceived it more methodical to place all such Returns in those days upon which they were delivered to the Clerk of the Parliament and always upon the day on which the first Return was to make some short Observations of that if it be unusual and extraordinary and so to refer the view of the residue to their proper days On this instant Monday therefore being the Nineteenth day of February and the first day of the Parliament was returned only this one usual Proxie Decimonono die Februarii introductae sunt Litterae Procuratoriae Edwardi Episcopi Norwicensis in quibus Procuratores suos constituit Johannem Episcopum Lond. Richardum Episcopum Peterburgen Nota This is one of those Proxies I call an usual or ordinary Proxie when a Spiritual Lord maketh but two Proctors and a Temporal Lord but one and those of their own Order but when a Temporal Lord nominateth a Spiritual Lord for his Proctor or nominateth more than one Proctor and when a Spiritual Lord nominateth a Temporal Lord for his Proctor or but one Proctor or more than two these I call unusual and extraordinay Proxies And therefore at this very time of nine Temporal Lords that sent their Proxies but one named two Lords of which see afterwards on Munday March 5. all the rest naming but one Indeed of six Spiritual Lords which sent their
being still to be performed by infinite Charge her Majesty notwithstanding hears of nothing more unwillingly than of Aids and Subsidies to be received from her People though what she doth receive she doth carefully bestow and infinitely more of her own The Taxations at this day howsoever they seem are nothing so great as heretofore in the Reigns of former Kings they have been In the times of Edw. 3. and the two next before him and those three which succeeded next after him the payments of the Commons then did far exceed any that have been since her Majesties Reign which is of Record in the Histories of those times to be seen but never cause so great to employ great sums of money as now Now therefore you are to consider how to provide needful and convenient Aid in some measure to maintain and support her Majesties Charge which at present she is at and is to continue at for the defence of the Realm He cannot be well advised which in this case will not be forward to contribute and bestow whatsoever he hath for if with the Common-wealth it goes not well well it cannot be with any private or particular person That being in danger he that would seek then to lay up Treasure and inrich himself should be like to him that would busie himself to beautifie his house when the City wherein he dwelleth is on fire or to him that decketh up his Cabin when the Ship wherein he saileth is ready to sink To spare in that case is to spare for those which seek to devour all and to give is to give to our selves Her Majesties part being onely carefully to bestow what is delivered into her hands wherein men performing their duties there is no cause at all to fear for the War is just it is in defence of the Religion of God of our most gracious Soveraign of our Native Country of our Wives Children Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging this point as a poor Remembrancer to her Majesty I shortly say to your Lordships Quod justum necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due Maintenance for the same And to you of the House of Commons that you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is You should according to your accustomed manner go down to the Lower House and there make choice of some grave learned and wise man amongst you to be your Speaker who shall be for understanding sufficient and for discretion fit as your mouth to signifie your minds and to make your Petitions known unto her Highness and him upon Thursday next to present in this place The Lord Burgh was absent being the Lord Deputy of Ireland The Lord De-la-ware was absent because he made question of his place intending to make suit to the Parliament concerning the same Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox futur viz. 27º diem Octobris On Thursday Octob. 27. the Queens Majesty the Archbishop of Canterbury Sir Thomas Edgerton Kt. Lord Keeper of the Great Seal the Lord Burleigh Lord Treasurer the Marquiss of Winton the Earl of Sussex great Mareschal the Earl of Nottingham Mag. Seneschall six Earls one Viscount thirteen Bishops the Lord Hunsdon Chamberlain and twenty two other Barons present Mr. Serjeant Yelverton Serj. Yelverton chosen Speaker being chosen Speaker of the Lower House was by divers Knights Citizens and Burgesses brought into the Upper House and by the hands of Sir William Knolls Controuler of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented to her Majesty who by a Speech full of Gravity and Modesty signifying the accomplishment of the duty of the House in making an Election but he excusing himself by pretence of many disabilities and imperfections Excuses himself and wishing earnestly that he were of sufficiency to perform the duty of that Place made humble suit to her Majesty that he might be discharged and that the Lower House might proceed to a new Election Which Excuse was not allowed by her Majesty Is allowed commended by the Queen as the Lord Keeper delivered by answer and the Choice of the said Mr. Yelverton being by her Majesty very well approved and his Sufficiency much commended He then proceeded in another Speech according to the manner to undertake that Charge and Place and to present unto her Majesty on the behalf of the Lower House certain humble Petitions viz. For Access unto her Majesty Petitions for the House in the usual form For the using and enjoying of such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making answer by the Lord Keeper did yield her gracious assent Which are granted with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum mensis Novembris On Saturday 5 Novembris introductum est Breve Thomae Dom. Grey de Wilton quo praesenti Parliamento interesse summonebatur Nov. 5. admissus est ad suum praeheminenciae sedendi in Parliamento loco salvo jure alieno The Petition of the Lord De-la-ware presented to this House for restitution of the same place in the Parliament which his Ancestors had in the Rank and Order of the Barons and referred to Committees viz. to the Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury Lord Bishop of London Lord Bishop of Winton Lord Zouche Lord Stafford Lord Windsor Lord Sheffield Lord North Lord St. John of Bletsoe Lord Buckhurst Lord Chief Justice of the Common-Pleas Lord Chief Baron and Edward Coke Esq the Queens Atturney who appointed to meet at the Council-chamber at the Court at Whitehall on Sunday Nov. 6. at two of the clock in the afternoon Munday Nov. 7. An Act for the speedy satisfaction of her Majesty against Accomptants secunda vice lect and committed to the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral three Earls three Bishops three Barons the Lord Chief Justice of England Mr. Baron Ewens and Mr. Atturney General to attend their Lordships and appointed to meet at the little Council-chamber in Whitehall to morrow at four a clock in the afternoon Introductum est Breve Com. Derby quo praesenti Parliamento interesse summonebatur c. On Thursday Nov. 10. the Lord Treasurer made Report to the House what had been done by the Committees upon the Petition of the Lord De-la-ware and how it was resolved by them upon hearing and debating the matter with certain learned Counsel in the
an Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham read prima vice Kirkham and Ambrose Willoughby Esq to be warned to attend the Lords on Munday-morning next at which time it is appointed the said Bill shall be read the second time An Act concerning the draining and recovery from the water certain overflown Grounds in the County of Norfolk An Act for draining of Lands secunda vice lect and referred to the same Committees upon the Bill formerly read of that kind concerning 300000 Acres c. with addition of the Lord St. John and Mr. Atturney to attend appointed to meet c. and such Parties as the same may concern to be warned to attend On Saturday Jan. 14. certain Objections unto a Bill entituled An Act for the increase of People c. were set down in writing by Mr. Atturney-General and brought into the House by the Lord Archbishop of Canterbury the first of the Committees and the same sent to the Lower House for their consideration thereof according to a Promise made by their Lordships to the select Committees of the Lower House at the meeting yesterday about the Bill delivered by Mr. Atturney and Dr. Stanhopp Certain Knights and Burgesses of the Lower House were sent to their Lordships to desire a Conference with a competent number of that House concerning the Amendments and Provisoe added to the Bill entituled An Act for erecting of houses of Correction and punishing of Rogues Vagabonds c. whereupon choice was made of the Lord Archbishop of Canterbury the Lord Admiral the Earl of Shrewsbury and the Bishop of Winchester and two Barons being part of the number formerly appointed upon the Bill the two Chief Justices and the Chief Baron Mr. Serjeant Drew and Mr. Atturney-General to attend them and the same presently signified to the same Knights and Burgesses but with this caution That whatsoever had been mended or added by their Lordships could not now be altered by the Orders of the House howbeit to yield the Lower House satisfaction of the reasons that moved their Lordships to make those Amendments they assented to a Conference the meeting appointed to be in the outward Chamber of the Upper House of Parliament on Munday-morning at eight of the clock The Earl of Essex not able to attend for want of health certified by the Lord North. The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester On Munday Jan. 16. Report was made by the Lord Archbishop of Canterbury That upon meeting of such of the Lords of the Higher House as were appointed this day to confer with certain select Knights and Burgesses of the Lower House concerning the Amendments and Provisoes added by their Lordships to a Bill entituled An Act for erecting houses of Correction c. the said Knights and Burgesses do hold themselves satisfied upon the Reasons alleadged by their Lordships in some part of the said Amendments but not in all Kirkham was called into the House before their Lordships and after he had been heard what he was able to say on his own behalf the same Bill was read a second time viz. An Act concerning a Lease of great yearly Value procured to be passed from her Majesty by William Kirkham and commanded to be ingrossed A Motion made that a Proviso should be added to the Bill concerning the Bishoprick of Norwich which Proviso was presently drawn in the House by Mr. Atturney-General and thereupon read And for the more expedition in the proceeding of the Bill it was thought meet that the Lord Archbishop of Canterbury Lord Marshal Lord Admiral Bishop of London Lord Chamberlain and Lord Cobham should confer with a competent number of the Lower House about the said Proviso Whereupon Mr. Serjeant Drew and Mr. Atturney were sent to the Lower House to signifie the same unto them who presently assented to a meeting and made their repair to their Lordships forthwith An Act for enlarging the Statute made for following of Hue and Cry in 27 Reginae in some sort to relieve the Inhabitants of the small hundred of Beyvershe alias Benhurst in cases where they are in no ways voluntarily in default and yet they are or shall be charged by the same Statute and by two ancient Statutes the one made 13 Edw. 1. and the other 28 Edw. 3. for repressing Robberies On Tuesday Jan. 17. a Proviso drawn by Mr. Atturney by commandment of the House to be added to the Bill for establishing of the Bishoprick of Norwich c. was twice read and commanded to be ingrossed and then both the Bill and Proviso read the third time and returned to the Lower House for their consideration on the Proviso An Act for some better staying of Corn within this Land to give liberty to English Subjects sometimes to buy Wheat c. and to sell the same again in the same kind for the better relief of the Common-wealth tertia vice lect and rejected On Wednesday Jan. 18. the Lord Keeper signified to the House That the Parties that followed the Bill for the Hospital of Warwick are not provided of their Counsel learned whereupon the House assigned them a new day viz. Friday morning next An Act for avoiding of bringing of Pins into this Realm made and wrought in forraign parts beyond the Seas secunda vice lect and rejected The Amendments agreed upon by the Committees upon the Bill of Tillage appointed to be brought into the House to morrow-morning by the Lord Chief Justice of England An Act for the better furnishing and supply of able Chyrurgeons in and to the Land and Sea-service for her Majestie and the Realm secuuda vice lect A Bill about Chirurgeons for Sea-service The Lord Buckhurst signified that upon a Letter written unto him by the Lord Marquess of Winchester notifying his present sickness whereby he was not able to give his attendance as yet the said Lord Buckhurst according to the request of the said Lord Marquess having moved her Majesty therein it pleased her Majesty to hold him excused until his recovery and commanded that he should then give his attendance On Thursday Jan. 19. Answer was returned in writing from the Lower House and delivered by certain Knights and Burgesses sent for that purpose unto the Objections taken by their Lordships to some points of the Bill intituled An Act for the increase of People for the service and defence of the Realm which Objections were formerly delivered unto them in writing upon their request made to their Lordships Certain selected persons of the Lower House viz. Sir William Knolles and Sir Edward Hobby Kts with divers others coming from the said Lower House delivered a Message Complaint of the Commons of an Innovation by their Lordships signifying that the Knights and Burgesses desired to receive satisfaction from their Lordships concerning an Innovation as the said Knights and Burgesses supposed very lately begun in the Upper House
by the Lord Keeper in the name and behalf of the House to such Knights and Burgesses as come from the Lower House the said Knights and Burgesses are to receive the same standing towards the lower end of the House and the Lord Keeper is to deliver the same with his head covered and all the Lords are to keep their places And thereupon the Lower House was satisfied and the same form was afterwards kept accordingly On Friday Jan. 20. The Answer in writing that came yesterday from the Lower House to the Objections taken by their Lordships to some points of the Bill intituled An Act for the increase of People for the service and defence of the Realm was by the Order of the House referred and delivered unto the Lords Committees formerly appointed upon that Bill who were required to consider thereof and make their Report of their Opinions concerning the same On Saturday Jan. 21. the Bill for reforming of sundry abuses committed by Souldiers and others in the War read secunda vice On Munday Jan. 23. a Bill for establishing a Joynture to Anne Lady Wentworth read prima vice On Tuesday Jan. 24. the Bill intituled An Act for the relieving of Clothiers concerning the weight of short broad and coloured Clothes to be made in the Counties of Suffolk and Essex returned to the House by the Earl of Shrewsbury first of the Committees who made report that upon hearing of both parties and upon due consideration of the reasons and allegations by them alleadged the Committees thought there could not be any further proceedings in the same whereupon a new Bill was presented bearing this Title viz. An Act touching the making of short broad course coloured Clothes in the Counties of Suffolk and Essex which was read prima vice Debated in the House whether Amendments upon a Bill being brought into the House by Committees may afterwards be contradicted or spoken against by any of the Committees A Doubt propouded and reâ—â—â—â—ed The doubt was left for the present unresolved but afterwards cleared and ruled Affirmatively On Wednesday Jan. 25. an Act that no person robbing of a House in the Day-time although no person be therein shall be admitted to have the benefit of his Clergie secunda vice lect An Act that Lessees may enjoy their Leases against all Patents their Heirs and Assignes notwithstanding any default of payment of their Rents during the time that the Reversion or Inheritance remained in the Crown secunda vice lect and referred to Committees viz. the Lord Arch-bishop of Canterbury Lord Treasurer Lord Marshal and others appointed to meet c. the Lord chief-Chief-Justice the Lord Chief-Baron and Mr. Atturney-General to attend them Sir Moyle Finch to be heard by his Counsel learned openly in the House to morrow-morning concerning this Bill Notice given to the House by the Lord Treasurer that the Committees upon the Bill concerning Tellers Receivers c. had a meeting with a select number of the Lower House to confer upon the Objections and Answers touching that Bill yesterday in the Afternoon according to the order taken Jan. 23. But forasmuch as the said number of the Lower House at the meeting affirmed that they had no authority to undertake the debating of the said Objections and Answers otherwise than to speak as they should see cause as private men and desired that the Answers might be communicated to the Lower House in writing the Lords therefore sent down the said Answers to the Lower House by the hands of Mr. Atturney-General and Dr. Stanhop On Thursday Jan. 26. an Act for enabling Edmond Molineux to sell Lands for the payment of his Debts c. was returned to the House by the Lord Marshal second of the Committees And forasmuch as the same could not be determined by the said Committees by reason of some of the Kindred of the said Edmond Molineux who opposed themselves against the Bill a motion was therefore made that the Cause might be ended by some arbitrary course whereupon the Parties on both sides were called into the House and moved to that purpose unto which they assented and made choice of the Earl of Rutland the Bishop of London and the Lord Montjoy who were appointed to meet that afternoon c. An Act to reform Deceits and breaches of Trust touching Lands given to charitable uses returned to the House by the Lord Archbishop of Canterbury with some amendments and a Proviso thought meet to be added which were twice read and thereupon Commandment given that the said Amendments should be written in Paper and the Proviso ingrossed in Parchment ready for a third reading The Bill intituled An Act for the increase of People for the service and defence of the Realm returned to the House by the Earl of Shrewsbury first of the Committees And because it seemed to all the Committes appointed for this Bill together with the Judges that notwithstanding the Conference with several selected persons of the Lower House that this Bill could not proceed Order was given to the Judges but especially to the Lord chief-Chief-Justice to draw a new Bill whereupon this new Bill following was brought into the House An Act against decaying of Towns and houses of Husbandry prima vice lect Excuse made by the Lord Admiral for the Earl of Hertford's absence for want of health The like by the Lord Chandois for the Lord de la Ware The Lord Marshal signified to the House that the Lord Mordant and the Lord Sheffield had leave of her Majesty for their absence On Friday Jan. 27. the Lord Treasurer took his place this day as Baron of Burleigh between the Lord Buckhurst and the Lord Compton The Lord Admiral his place as Earl of Nottingham between the Earl of Lincoln and the Lord Viscount Byndon The Lord Chamberlain his place as Baron of Hunsdon between the Lord Chandois and the Lord St. John of Bletsoe On Saturday Jan. 28. the Bill for the lawful making of Bays in the Counties of Essex and Suffolk was read tertia vice On Munday Jan. 30. an Act for Retailing-brokers and other Pawn-takers returned to the House by the Lord Arch-bishop of Canterbury first of the Committees and because there was found many defects therein so that they thought the same unfit to be proceeded in they therefore together with the said Bill presented a new Bill intituled as the former which was read prima vice On Tuesday Jan. 31. a Motion from the lower House by Sir John Forscue and others that some new time might be appointed for conference about the Act intituled An Act for reforming sundry abuses committed by Souidiers c. in regard they had appointed some other meeting this Afternoon for the preparing of a Bill of Accomptants in readiness to proceed their Lordships having considered of the Motion made answer by the Lord Keeper that they wished for some good consideration that the appointed time viz. this Afternoon might hold for this Conference supposing that if it please the
Durham The Bishop of Winchester The Bishop of Rochester The Bishop of Coventry and Litchfield The Bishop of Worcester The Bishop of Bath and Wells The Bishop of St. Davids The Bishop of Lincoln The Bishop of St. Assaph The Bishop of Chester The Bishop of Chichester The Bishop of Exeter The Bishop of Salisbury The Bishop of Ely The Bishop of Peterborough BARONS The Lord Zouche The Lord Cobham The Lord Stafford The Lord Grey de Wilton The Lord Dudley The Lord Lumley The Lord Sturton The Lord Windsore The Lord Mordant The Lord Wharton The Lord Rich. The L. Willoughby of Parham The Lord Sheffield The Lord Darcy of Chichester The Lord Chandois The Lord St. John of Bletsoe The Lord Compton The Lord Norreys The Lord Howard of Walden Sir Thomas Edgerton Kt. Lord Keeper of the great Seal of England made a Speech to this effect An. 1601. HE used strong perswasions both to Thankfulness and Obedience Lord Keeper's Speech and also shewed her Majesty desired the Parliament might end before Christmas He shewed the necessity we stand in and the means to prevent it the necessity of the Wars between Spain and England the means and treasure we had to oppose His advice was that Laws in force might be revised and explained and no new Laws made The causes of the Wars he laid down to be that they were Enemies to God the Queen and the Peace of this Kingdom that they conspired to overthrow Religion and to reduce us to a tyrannical Servitude These two Enemies he named to be the Bishop of Rome and the King of Spain Our Estate standing thus he advised us to be provident by reason we deal with circumspect Enemies and said he was confident of good success because God hath ever and he hoped ever would bless the Queen with successful fortune He shewed how apparent his providence was for by experience and judgment his tortering he giveth the means and courses he taketh for our instructions And secondly the success we had against him by Gods strong arm of defence in Anno 1588 and divers others times since You see to what effect the Queens support of the French Kings Estate hath brought him to even made him one of the greatest Princes in Europe yet when her Majesties Forces there left him how again he was fain to ransome a servile Peace at the hands of our Enemies the Spaniards with dishonourable and servile Conditions For the Low Countries how by her aid from a confused Government and Estate she brought them to an unity in Council and defended them with such success in her Attempts against the greatest power of the Spaniards tyrannical designes which have so much galled him that how many desperate practices have been both devised consented unto and set on foot by the late King his Father I need not shew you nor trouble you with Arguments for proof thereof being confessed by them that should have been Actors themselves thereof but De mortuis nil nisi bonum I would be loath to speak ill of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her own bloud I mean Jewels that have been given to her Physicians to have done that unto her which God will ever keep her from but she hath worn them rather in triumph than for the price that hath not been valuable Receivers of Petitions for England Receivers of Petitions Ireland Wales and Scotland Sir John Popham Kt. Lord Chief Justice Francis Gawdy one of the Justices of the Kings-bench George Kingsmell one of the Justices of the Common-Pleas Dr. Carewe and Dr. Stanhopp Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edm. Anderson Kt. Lord Chief Justice of the Common-Pleas Sir William Periam Kt. Lord Chief Baron Thomas Walmesly one of the Justices of the Common-Pleas Dr. Swale and Dr. Hene Triers of Petitions of England Ireland Wales and Scotland Triers of Petitions The Archbishop of Canterbury the Marquiss of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens house the Earl of Hertford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouche and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the great Seal and the Lord Treasurer and the Queens Serjeants at their leisures to meet and hold their place in the Chamberlain's chamber Triers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntingdon the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord De-la-ware the Lord Lumley the Lord Burleigh All these or any four of them calling to them the Queens Serjeants and the Queens Atturney and Sollicitor to hold their place when their leisure did serve them to meet in the Treasurer's chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-book in these words Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliament usq in diem Veneris prox futur viz. 30 diem Octob. On Friday Octob. 30. about one of the clock in the afternoon her Majesty came by water to the Upper House and being apparelled in her Royal Robes and placed in her Chair of Estate divers of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the door with John Crooke Esq Recorder of London John Crooke Esq Recorder of London presented as Speaker their Speaker elect the full space of half an hour were at last as many as could be conveniently let in And the said Speaker was led up to the bar at the lower end of the said House by Sir William Knolls Kt. Controuler of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth Most sacred and mighty Soveraign UPon your commandment His Speech your Majesties most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble servant a Member of the same House to be their Speaker but my self finding the weakness of my self and my ability too weak to undergo so great a burthen do most humbly beseech your sacred Majesty to continue your most gracious favour towards me and not to lay this Charge so unsupportable upon my unworthy and unable self And that it would please you to command your Commons to make a new Election of another more able and more sufficient to discharge the great Service to be
appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties clemency and goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious audience it hath pleased your Majesty to license me to speak before you For I know and must acknowledge that under God even through your Majesties great bounty and favour I am that I am And therefore none of your Majesties most dutiful Subjects more bound to be ready and being ready to perform even the least of your Majesties commandments I therefore do most humbly beseech your Majesty that in regard the service of so great a Prince and flourishing Kingdom may the better and more effectually be effected to command your dutiful and loving Commons the Knights citizens and Burgesses of the Lower House to proceed to a new Election On Tuesday Nov. 5. Nov. 5. were two Bills read of which the first being for assurance of Land and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England Bill against excessive and superfluous use of Coaches were each of them read prima vice Dominus Custos Magni Sigilli continuavit praesens Parliament usq in diem Sabbati 7 Novemb. hora decima On Saturday Nov. 7. the Bill for assurance of Lands was read secunda vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Earl of Cumberland the Earl of Lincoln the Lord Bishop of London the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Zouche the Lord Cobham the Lord Grey the Lord Rich and the Lord Howard of Walder and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Mr. Atturney-General were appointed to attend their Lordships On Tuesday Nov. 10. two Bills had each of them one reading of which the second being the Bill for preservation of Phesants and Partridges was read secunda vice and committed to the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Northumberland the Earl of Derby the Earl of Worcester the Earl of Cumberland the Earl of Pembrooke the Earl of Lincoln the Bishop of London the Bishop of Durham the Bishop of Winchester the Bishop of Lincoln the Bishop of Ely the Lord Zouche the Lord Cobham the Lord Grey the Lord Mordant the Lord Rich the Lord Sheifield the Lord Chandois the Lord Compton the Lord Howard of Walden and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common-Pleas and the Lord Chief Baron to attend the Lords And the Bill was delivered to the Archbishop of Canterbury On Thursday Nov. 12. to which day the Parliament had been last continued the Bill concerning Musters Souldiers and other things was read secunda vice and committed unto the Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham six other Earls eight Bishops the Lord Zouche the Lord Cobham and eight other Barons and the Lord Chief Justice of the Common-Pleas Mr. Justice Walmesly Mr. Justice Warberton Mr. Serjeant Yelverton and Mr. Atturney-General were appointed to attend the Lords On Saturday Nov. 14. to which day the Parliament had been last continued request was made by Mr. Connisby Gent. Usher to the House and signified by the mouth of the Earl of Nottingham Lord Steward That forasmuch as the bringing of any person before the Lords upon the breach of the Priviledge of the House did appertain as the said Mr. Connisby supposed and alleadged to his place though in the last Parliament by some mistake the Serjeant at Arms was employed therein that therefore their Lordships would be pleased to confirm and settle such Order as he might at this time and henceforth have the right of his place in that behalf Whose Request being considered by the Lords it was thought meet That the Lord Archbishop of Canterbury the Lord Treasurer the Earl of Nottingham the Earl of Worcester the Lord Bishop of Winchester the Lord Zouche and the Lord Cobham should at their next meeting upon any other occasion take notice of such Presidents as could be produced therein either for the Gentleman-Usher or for the Serjeant at Arms and thereof to make Report to the House Whereupon their Lordships would proceed to the deciding of the Question between them Sunday Nov. 15. On Munday Nov. 16. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Sunning was read secunda vice Dominus Custos Magni Sigill continuavit praesens Parliament usq ad diem Jovis viz. 19 Novemb. On Thursday Nov. 19. the Bill for the breed and increase of Horses of Service within the Realm was read prima vice Bill for increase of Horses of service Two Bills were brought up to the Lords from the House of Commons of which the second was to avoid and prevent divers Misdemeanours in lewd and idle persons and the other was for the confirmation of Grants made to her Majesty and of Letters-Patents made by her Majesty to others The Lord Mordant being not able to attend for want of health certified so much to the House by the Lord Compton This day William Hogan was brought into the House from the Fleet One of the Qu. servants complains of an Arrest who having made relation of his Arrest and the time when and of the parties that arrested him declaring that he was arrested by the Under-Sheriff of Surrey and others upon the Saturday before the beginning of his Parliament and that it was known unto the said Under-Sheriff that he was her Majesties servant in Ordinary and that he thought Tolkerne who was the Creditor was not privy to the Arrest contrary to the Priviledge of that Court upon the Offer and Petition of the said William Hogan it was ordered That the said William Hogan should enter into sufficient Bond to abide the Order and Judgment of the Earl of Cumberland He is ordered to give Bond to abide Judgment c. the Lord Bishop of London and the Lord Zouche for such satisfaction to be made of the Debt of 50 l. and any Costs and Charges as by the said Lords should be thought fit the Bond to be taken to the said Lords and thereupon to be discharged out of Prison and Execution And likewise that the Warden of the Fleet should be free from any trouble or damage or molestation for discharge of the said William Hogan It was likewise ordered by the Court Those who arrested him to appear at the Lords Bar. That the Under-Sheriff and any others that did arrest or assist the Arrest of the said William Hogan shall be sent for to appear
in hoc bello Apostolica Authoritate à nobis Administrandum ut verum fatear possem sacillime convitia quod nobis objiciunt in ipsos retundere voluptatem quam maledicendo sumpsere illam male audiendo amittere Caeterum novimus ut debiles inermes Muliercola ad convitia fugere Sed hiis praetermissis ad objecta solida veritate ex Christiana Modestate respondere Imprimis Commoneamini nos velle subditos praetensos Reginae Angliae ab obedientia debita per dei legem servitute abducere ad nos aggregare Quod maximâ ex parte à veritate alienum est Neminem enim persuadere conamur ut debitam servitutem secundum dei Legem deneget suo Principi Sed hene nostis ante multos Annos ipsam Elizabetham for so said Mr. Secretary he bluntly called her that same Elizabeth privatam esse Regno subditosque omnes absolutos esse à Juramento Fidelitatis per supremum Pontificem cui Regnans in excelsis Bex Regum omnimodum potestatem tradidit ut evellat distruat plantet aedificet ita ut ipsos Reges temporales si ad spirituale aedificiem expediret eósque ad depositionem à Regno privat quod factum esse in Regnis Angliae Hiberniae à pluribus Pontificibus supremis viz. Pio quinto Gregorio decimo tertio nunc Clemento octavo omnibus notum est quorum Diplomata extant apud nos Catholicis Loquor non protervis Haereticis qui à Fide Romanae Ecclesiae declinaverunt nam cum Caeci sunt Caecorum Duces sundamenta veritatis prorsus ignorant etiam in hoc dissentire à nobis non mirum est Sed nostri fratres Catholici in simplicitate fidei Romanae ambulentes Ecclesia Catholica consentientes quod est columna fundamentum veritatis omnia ista facile percipiant Ergo restat quod Hiberni qui vobis adherent nil adversus legem Dei fidelitatem debitam imò secundum divina praecepta obedientiam quam supremo Pontifici debent cooperentur Secundo asseritis nos Hispanos blanditiis fictitiis adulationibus Hibernos demulcire atque multa beneficia in illos exhibere quod in nostram aversissimam est natura sed hoc m o in principio facere ut simplicium animos ad nos convertentes in posterum credulitatem circa illos exercentes sanguinolentam naturam nostram ostendemus Proh Deum immortalem quis non miretur acerbam indicibilem credulitatem audaciámque vestram in his verbis ostensam Quis est enim qui non novit crudelitatem maximam quam vos Angli adversus miseros Hibernicos exercivistis exercere non desistitis vos inquam ab ipsorum animis fidem Catholicam quam coluerunt Patris eorum in quo salus aeterna consistit auferre conamini crudeliores profectò Vrsis Leonibus qui tantum temporalem vitam auferent vos tamen aeternam spiritualem Quis temporalia omnia istius florentissimi Regni demolitus est nisi Anglus videte hoc confundamini Nos vero Patriam dulcissimam foelicissimam Hispaniam omnibus scilicet bonis refertam vicem Catholicorum dolentes relinquimus eorum Clamoribus incitati qui Coelum Terrámque attingunt aures supremi Pontificis Regis nostri Philippi pulsantes misericordia moti Ad vos Milites Argentum Aurum Arma liberali manu tandem mittere decreverunt non ut erga vos Hiberni Catholici crudelitatem ut isti singunt exercerunt sed ut foeliciter vos à Diaboli faucibus ereptos à Tyrannide liberos ad pristinam vestram ingenuitatem redigant ut libere positis fidem Catholicam profiteri Ergo dilectissimi in Christo postquam jam quod per tot ante annos desiderio desiderastis praecibus lacrimis efflagitastis impetrastis jamjam Supremus Pontifex Vicarius Christi in Terris vobis imperat ut Arma in Defensionem vestrae fidei sumatis vos omnes moveo horior atque contestor Omnes in quam ad quos istae Litterae pervenerint ut quam citissime in vestra fuerit potestate ad nos cum Amicis Armis conveniatis Qui hoc fecerit nos paratos inveniet Arma nostra ceteráque possidemus ipsis communicabimus Qui aliter enim spretis nostris Conciliis saluberrimis secerit in salibra Anglorum obedientia permanserit tanquam Haereticum Hostem Ecclesiae invisum usque ad necem prosequimur Doryum de Laguia After the Parliament at the end of Hillary-Term next following the Lord Keeper by her Majesties express Command made a Speech in the Star-chamber on the 13th of February all these Personages being present viz. Sir Thomas Egerton Lord Keeper of the great Seal The Archbishop of Canterbury The Lord Buckhurst Lord Treasurer of England The Earl of Shrewsbury The Earl of Worcester Sir William Knolls Controuler of her Majesties Houshold The Bishop of London Sir John Fortescue Chancellor of the Exchequer Sir John Popham Lord Chief Justice of England Mr. Secretary Herbert Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir _____ Peryam Lord Chief Baron Mr. Baron Clarke Mr. Baron Savelle Mr. Justice Fenner Mr. Justice Kingsmell Mr. Justice Warberton After a silence made and some few Motions made by Mr. Atturney-General and the Queens Counsel and some others the Cryer of the Court again made silence and the Lord Keeper putting off his Hat and then putting it on again spake to this effect My Lords I Am by her Majesties commandment to deliver unto you her gracious pleasure The Lord Keeper's Speech in the Star-chamber and those things which out of her Princely wisdom and care she hath thought fit to be made known I scarce know how to enter into this matter and I am sorry that now in speaking I shall lay open the looseness of the times neither are her Majesties Proclamations regarded neither her Councils Letters respected neither her late-made Statutes and Decrees obeyed nor put in so due execution as they ought These things deserve to have a more round and strict course than have been used and we deserve not so gracious a Pardon as it hath pleased her most gracious Majesty out of her meer goodness lately to bestow upon us but this onely to divers persons and offences of those which live in degree of private men But I am to speak of Offences of Mayors Justices of Assize A Charge for the keeping of Lent strictly and men of that condition The time of Lent and abstinence from Flesh if it be not duely observed what Dearth and Penury will not almost ensue And therefore was the time of Lent well placed even in the Spring and the beginning of the increase of Beasts Her Majesties express command is That it be strictly observed and that with this caution That where fault shall be found that there extremity shall be inflicted and that no
with an Amendment thought fit to be put into the Bill the Amendment thrice read and appointed to be fixed in the Schedule of the Bill On Munday Nov. 28. the Bill that was sent from the Lower House with this Title viz. an Act for the repeal of a Statute made in the 23 year of her Majesties Reign entituled An Act for the increase of Marriners and maintenance of Navigation was after the third reading returned again to the said House for their consideration and allowance as well of another Title thought more fit by the Committees to be given thereto viz. an Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title as also of some Amendment in the body of the Bill added by the Committees sent by Mr. Atturney-General and Dr. Carew On Thursday Decem. 1. Decemb. 1. the Parties that arrested the Lord Chandois servant viz. Wood and Stevenson with two others brought into the House by the Serjeant at Arms and upon some notice taken of the matter Mr. Justice Owens and Mr. Serjeant Drew were appointed to examine the same and make Report thereof to the Lords The Lord Hunsdon Lord Chamberlain took his place this day as Baron of Hunsdon betwixt the Lord Chandois and Lord St. John of Bletsoe This day an Act concerning the School at Sownocke tertia vice lect and sent to the Commons House On Saturday Decemb. 3. An Act for the increase of Mariners and for maintenance of Navigation repealing a former Act made 23 of her Majesties Reign bearing the same Title which Act was sent to the Lower House from hence for their consideration and allowance of this Title and some Amendments in the body of the Bill Upon the Report of Mr. Justice Owens and Mr. Serjeant Drew unto whom the Examination of the matter was committed concerning the Arrest of my Lord Chandois servant by one Stevenson a Serjeant in London at the Suit of one William Wood being found and judged to have wilfully offended therein against the Priviledge of the House were committed and sent to the Prison of the Fleet there to be kept close Prisoners until further directions from the Lords And whereas and were this day brought into the House before the Lords L. Chandois serâ—ant Barston released out of Prison as supposed partakers in the same offence they upon examination being found not to have wilfully committed any fault therein were dismissed and order given by the Lords for the discharge of Edward Barston out of the Prison of the Counter Munday Decemb. 5. an Act for the better and safer recording of Fines to be levied in the Court of Common-Pleas read secunda vice and referred to the same Committees as before with the addition of the two Lords Chief Justices and Mr. Atturney-General The absence of the Earl of Essex the Lord Viscount Byndon the Earl of Cumberland the Lord Scroope the Lord Willoughby of Ersby and the Lord Bishop of Rochester were excused by the Lord Rich the Lord Chandois the Lord Wharton the Lord Zouche and the Lord Bishop of Bath and Wells Order was given for the release of Stevenson the Serjeant who arrested my Lord Chandois his servant On Tuesday Decemb. 6. an Act for erecting of houses of correction and punishment of Wanderers prima vice lecta On Wednesday Decemb. 7. an Act for the confirmation of the Joynture of Dame Christian the Lady Sandies secunda vice lect and commanded to be ingrossed On Thursday Decemb. 8. an Act for the erecting of houses of correction and for punishment of Rogues Vagabonds and sturdy Beggars secunda vice lect and referred to the Committees for the former Bill and the same time and place appointed for their meeting And also authority was given to the Committees to call such of the Lower House unto them at this meeting as they should finde cause to confer withal for the better perfecting of the Bill An Act for Arthur Hatch her Majesties Ward for the enjoying the Rectory and Personage of South-Moulton according to an Agreement secunda vice lect upon which reading it was ordered That all Parties whom this Bill may concern either on the part of Mr. Hatch or against him shall be heard openly in the House upon Munday next by their Counsel learn'd and all specialties concerning the same then to be produced to the end that it may be considered whether it shall be convenient to pass this Act or not Mr. Serjeant Drew and Mr. Atturney-General being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the Poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights An Act for the establishing of the possession of Henry Vpton Kt. deceased and for payment of his Debts read secunda vice A Motion made by some of the Lords and agreed to by the House that there should be respit of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alleadge if they finde cause why the Bill should not proceed the next Tuesday assign'd for this purpose William Cole the Knight-Marshal's man that arrested James Yorke the Lord Archbishop's servant was brought before the Lords by the Serjeant at Arms and being found upon his Examination before the Lords wilfully to have offended therein against the Priviledge of the House was Committed to the Fleet there to remain until their Lordships should give further directions for his enlargement On Friday Decemb. 9. an Act for the establishing of the Hospital of Queen Elizabeth in Bristol Bill to establish Q. Eliz. Hospital in Bristol and for relief of Orphans and Poor there read secunda vice Upon this reading some Amendments were thought fit by the House to be added which were presently drawn and agreed by the House and also twice read and commanded to be ingrossed On Saturday Decemb. 10. an Act that the Lord Montjoy may dispose of his lands whereof he is Tenant in tail as other Tenants in tail by the Laws and Statutes of this Realm may do a private Statute made to the contrary 27 Hen. 8. not withstanding secunda vice lect Upon the Motion of the Lord Marquiss of Winchester it was ordered that the Cause shall be heard openly in the House on Munday-morning by the Counsel learn'd on both sides An Act for the better recording of Fines to be levied in the Court of Common-Pleas returned and allowed by the House of Commons without any alteration expedited On Munday Decemb. 12. a Motion and Request made by the Lower House and delivered by Mr. Secretary Cecill accompanied with many others for a Conference to be had concerning the Bill entituled An Act concerning Tellers Receivers c. and assented unto Whereupon the Committees formerly named upon this Bill were appointed
before the Lords in the House on Saturday next by nine of the clock in the morning On Saturday Nov. 21. to which day the Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for assurance of Lands was read tertia vice Upon the reading of which Bill sundry Objections were made against some points of the same by the Lord Bishop of London and divers other Lords insomuch that the House was divided Whether it should be put to the question for the passing thereof or no many of the Lords affecting well the said Bill and wishing that any defect therein might rather be reformed than by the Question to put it to the hazard to be rejected Upon which it was thought meet to propound another Question viz. Whether the said Bill having been referred to Committees at the second reading and by them returned with some Amendments and thereupon appointed to be ingrossed may now after the ingrossing thereof and third reading be committed again or no Which being accordingly put to the question and the number both of the affirmative part and negative part falling out to be equal upon the accompting of them by the Lord Bishop of London and by Lord Grey 〈…〉 appointed by the Lords for that purpose it was adjâ—â—â—â—d that the Voices of the negative part which were against the 〈◊〉 committing of the Bill should prevail following therein the usual rule of Law whereof the Lord Keeper made mention that where the numbers of the affirmative and negative are equal Smper presumetur pro negante and after that the Bill it self being put to the question Whether it should pass or no was by the major part denied and refused Excuses were made for the absence of divers Lords by reason of sickness or other reasonable occasions The Marquiss of Winchester the Earl of Nottingham and the Earl of Hertford signified by some of their Servants to the Lord Keeper the Earl of Cumberland and the Lord Scroope signified by the Lord Wharton the Lord Rich by the Lord Zouche the Lord Mordant by the Lord Sturton the Lord Bishop of Coventry by the Bishop of Meneven and the Bishop of Chester by the Bishop of Bangor A Motion was made by the Lord Keeper and approved of by the Lords That the ancient course of the house may be observed hereafter in certifying the Excuses of such Lords as should happen to be absent from the House upon reasonable occasions which ought to be done by one of the Peers and not by other information Thomas Crompton Henry Best and Francis Jackson made their appearance in the House and being demanded whether the Bill concerning Eye and Dunsden might lawfully pass without their prejudice they answered That it might so do and they could take now exceptions to it On Munday Nov. 23. to which day the Parliament had been last continued the Bill for reuniting Eye and Dunsden to the Mannor of Suning was read tertia vice and so sent down to the House of Commons by Dr. Stanhopp and Mr. Hone. The Bill to avoid divers Misdemeanours in lewd and idle persons was read secunda vice The Bill for confirmation of Grants made to the Queen and of Letters-Patents made by her Highness to others was read secunda vice and committed to the Lord Archbishop of Canterbury and others who were appointed to meet at the great Council-chamber and the Bill was delivered to the Archbishop The Bill for increase of Horses of service within this Realm was read secunda vice and committed to the Earl of Nottingham and others and the Bill was delivered unto him being the first of the Committees The meeting of the Committees for the suppressing of the multitude of Ale-houses and for avoiding of unnecessary delays of Exeutions upon Judgments for Debt was upon a Motion of the Lord Treasurer appointed to be upon Thursday next at the little chamber neer the Parliament-presence before the House sit for that the Committees could not conveniently meet at the times formerly appointed for the same The Under-Sheriff of the County of Surrey that arrested William Hogan was brought into the House to answer for the same The Vnder-Sheriff sent to the Fleet for arresting Hogan and by Order of the House committed to the Prison of the Fleet. On Tuesday Nov. 24. to which day this Parliament had been last continued three Bills had each of them one reading of which the last being the Bill for the establishing of the remainder of certain Lands of Andrew Ketleby Esq upon Francis Ketleby was read secunda vice and committed unto the Earl of Worcester the Earl of Lincoln the Lord Bishop of Winchester the Lord Bishop of Worcester the Lord Cobham the Lord Chandois and the Lord Howard of Walden and the Bill was delivered to the said Lord Howard who with the rest were appointed to meet on Saturday next in the afternoon at the Chamber of the Parliament-presence This day the wife of Andrew Ketleby made her appearance in the House on the behalf of her husband and her self excusing his not coming by reason of his great age and infirmities and withal prayed their Counsel learned might be heard whereupon it was ordered That both their Counsel and the Counsel of Francis Ketleby should be heard upon Thursday next in the morning On Thursday Nov. 26. to which day the Parliament had been last continued one Bill being for the more peaceable government of the Parties of Cumberland Northumberland and Westmoreland and Bishoprick of Durham was read the second time and committed but in respect the manner of committing Bills all this Parliament was the same and that the Judges and her Majesties learned Counsel were appointed always to attend the Lords Committees and never made joynt Committees with them therefore the names of the said Committees are for the most part omitted as a thing not worth the observation It was ordered by the House upon the humble Petition of William Hone Under-Sheriff of the County of Surrey That he should be set at liberty out of the Fleet whither he had been committed for arresting one William Hogan her Majesties servant The Counsel learned of Andrew Ketleby Esq and Francis Ketleby were heard in the House and thereupon the Committees of the said Bill were appointed to meet on Saturday in the afternoon at the Chamber of Parliament-presence and the Lord Archbishop of Canterbury the Lord Grey and the Lord Windsor were added to the said Committees and the Lord Chief Justice of the Common-Pleas to attend them with the others formerly appointed And the Bill was delivered to the Lord Howard of Walden Dominus Custos Magnis Sigilli continuavit c. On Tuesday Decem. 1. Decemb. 1. two Bills had each of them one reading of which the second was the Bill for confirmation of the last Will and Testament of George Lord Cobham deceased On Wednesday Decemb. 2. three Bills had each of them one reading Bill to avoid
of Durham secunda vice lect commissa Justiciario Gawdy quod nota On Tuesday Feb. 25. two Bills were read whereof the first was an Act concerning Informers prima secunda vice lect conclus Bill about Informers and so expedited An Act for the abridgment of Proclamations upon Fines to be levied at the Common Law secunda vice lect wherein the Lords finding some imperfections sent down Serjeant Shuttleworth and Doctor Clarke to the House of Commons Lords desire a Conference to pray a Conference with some of that House which being granted the Lords for Committees were Lord Treasurer Lord Steward Bishop of Winton the Lord Cobham and the Lord Chief Justice of the Common-Pleas to attend the Lords Nota Observation That here one of the Judges is particularly nominated to attend upon the Lords Committees which may further prove that in all the former places where the Judges or the Queens learned Counsel are named as Committees it is no errour or mistake of the Clerk So that hence the difference may very well be gathered to be this That where a Committee of the Lords was formerly used to be selected out to meet with another Committee of the House of Commons here neither the Judges being but Assistants nor the Queens learned Counsel being but Attendants of and upon the House were ever nominated or appointed as joynt Committees with the Lords because the very Members of either House onely are then admitted to partake of such matters of weight and secrecy as they do there commonly confer upon But when the Lords amongst themselves do appoint a Committee to consider of some ordinary Bill that is to pass their House and especially if the Bill do concern matter of Law here it hath been anciently used and may still without any prejudice to the honour of that House be continued that the Kings learned Counsel but especially the Judges may be nominated as Committees alone or as joynt Committees with the Lords for in regard that nothing can be absolutely concluded at a Committee but all matters shall still depend on the resolution of the House and so no inconvenience shall ensue thereupon After the Committees of both Houses had met the Lords Committees proceeded to the amendments of the Bill and afterwards this present day the Bill and Amendments received their second reading and passed the House and were sent down to the House of Commons to be amended by them by Doctor Carewe and Master Solicitor It appeareth by the Journal-book that the House of Commons having yielded to a Conference did presently chuse Committees and sent them up to the Upper House Two other Bills had each of them one reading and one Bill was sent up to the Lords from the House of Commons all being of no great moment On Thursday Feb. 27. were two Bills read whereof the first being an Act for Reformation of Excess of Apparel Two Bills read was secunda vice lect commiss ad unum Comit. 4 Baron On Saturday March 1. March 1. were two Bills read of no great moment This forenoon also the Lords Committees return'd the Bill for the having Horses Two Bills read Armour and Weapons signifying that they could get no meeting but of so small a number as their Lordships would not deal in it The whole House presently proceeded to the Question Whether it should be ingrossed or no Upon which Question the Lords with one consent agreed it should be ingrossed March 2. Sunday On Munday March 3. two Bills were read whereof one of them concerning the sale of Tho. Hanford's Lands towards the payment of his Debts and another of no great moment had been sent up to the Lords this morning from the Commons On Tuesday March 4. two Bills were read whereof the latter was a Bill for Sale of Tho. Hanford's Lands c. secunda vice lect Whereupon the Lords ordered that as well the said Thomas Hanford as those that followed the Bill should be warned to be before them with their learned Counsel at the next sitting of the Court which shall be on Thursday next at nine a clock Two Bills of no great moment were this forenoon also sent up to the Lords House from the House of Commons On Thursday March 6. the Amendments of the Bill for maintainance of Husbandry were prima secunda vice lect commiss ad ingross Three Bills also of no great moment had each of them one reading And one Bill concerning the preservation of Orford-haven was brought up to the Lords from the House of Commons On Saturday March 8. were three Bills each of them once read of no great moment March 9. Sunday On Munday March 10. four Bills whereof the last being a Bill for an Assurance to be made of the Joynture of Anne Bill to assure the Joynture of Anne Nevill Wife of Henry Nevill Esq secunda tertia vice lect communi omnium Procerum assensu conclus Memorandum That before the third reading and the passing of the Act of the Joynture of the Wife of Henry Nevil by which all former Conveyances made by the said Henry Nevil of the Mannors of Waighfield and Wadhurst c. in the County of Sussex were made frustrate and void The Lords ordered That the said former Conveyance should by the Parties to the same be brought into this House and delivered to the Clerk of the Parliament sealed up to the end that if it shall please her Majesty to give her Royal assent unto the said Act that then the said Indentures and Conveyances should be forthwith cancelled But if it shall not please her Majesty to give her Royal assent that then the said Indentures and Conveyances should safely be redelivered to the said Parties unseen of any and uncancelled And to this all the Parties agreed as well before the Lords the Committees as before the whole House Memorandum That according to the said Order the Deeds mentioned therein were cancelled the 12th day of May Anno Regni Reginae Elizabethae tricesimo primo On Tuesday the 11th of March was one Bill read of no great moment Subsidy-Bill brought from the Commons And two Bills were brought up to the Lords from the House of Commons whereof the first was an Act of four Fifteens and Tenths and two entire Subsidies granted by the Temporalty and another of no great moment On Thursday the 13th of March the Amendments of the Bill for having of Horses Arms and Weapons prima secundae vice lect commiss ad ingross The Amendments also and a new Proviso annexed unto the Bill against Informers secunda tertia vice lect communi omnium Procerum assensu conclus and one other Bill of no great moment read prima vice On Friday March 14. the Bill of Subsidie was once read And the Bill for the Provision for Orford-Haven lect est conclus and sent to the House of Commons by Serjeant Shuttleworth and Mr. Powell
introductae sunt Litterae Procuratoriae Henrici Comitis Huntingdon in quibus Procuratores suos constituit Gulielmum Dominum Burleigh Thesaurarium Angliae Robertum Comitem Essex Vicecomitem Hereford Dominum Ferrers de Chartley. On Tuesday March 6. there was one Bill read once On Wednesday March 7. Breve returnatum est quo Johannes Salisburien Episc praesenti Parliamento interesse summonebatur qui admissus est ad suum praeheminenciae sedendi in Parliament locum salvo jure alieno The same morning there were four Bills read each of them once A Bill for restraining Popish Recusants to certain places of abode the fourth being a Bill for restraining Popish Recusants to some certain places of abode There was also brought up to the Lords from the House of Commons an Act for the naturalizing and making free of William Sidney eldest son of Robert Sidney Kt. Governour of Vlushing and Dame Barbara his wife and of Peregrine Wingfield son and heir of Sir John Wingfield Kt. and Dame Susan Countess of Kent his wife And note this day also was one extraordinary Proxie return'd from a Spiritual Lord who constituted but one Proctor whereas usually no such Lord constituteth fewer than two which Proxie is thus entered in the beginning of the Journal-book of this Parliament 7º Marcii introductae sunt Litterae Procuratoriae Mathei Dunelmensis Episc in quibus Procuratorem suum constituit Johannem Cantuariensem Episcopum On Thursday March 8. were three Bills each of them once read whereof the first was an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. convicted of High-Treason Not long after this Bill had been committed to ingrossing according to a certain Order formerly made by the Lords Francis Englefield Esq appeared before them with one of his learned Counsel who were commanded to declare what they could alleadge why an Act for explanation and confirmation of the Queens Majesties Title to the Lands and Tenements late Sir Francis Englefield's Kt. attainted of High-Treason should not pass And upon Allegations made by the learned Counsel the Lords commanded they should set them down in Writing and deliver them to the Atturney-General and that on Friday they should attend on the Judges and the Queens learned Counsel at Serjeants-Inne and shew such Deeds of Conveyance as they made mention of before the Lords that the said Lords upon answer of the Judges and learned Counsel might proceed upon the said Bill as it should seem best to their Lordships On Saturday March 10. to which day the Parliament had been last continued after the reading of one private Bill prima vice the Lords gave in Commandment to Mr. Atturney-General to bring on Munday certain Depositions remaining in the Exchequer concerning the Case of Sir Francis Englefield after they had first heard the opinion of the Judges which was delivered by the Lord Chief Justice of England March 11. Sunday On Munday March 12. two Bills had each of them one reading On Tuesday March 13. two Bills being each of them once read the Lords at the Bishop of Worcester's motion A Collection in the House of Peers for poor Souldiers condescended to a Contribution for the relief of such poor Souldiers as went begging in the streets of London viz. That every Earl should give Forty shillings every Bishop Thirty shillings and every Baron Twenty shillings and appointed the said Bishop and the Lord Norris Collectors thereof and committed the bestowing thereof to the Earl of Essex and Lord Willoughby of Eresby On Thursday March 15. to which day the Parliament had been last continued were four Bills each of them once read On Friday March 16. were two Bills each of them once read And then the Lord Keeper continued the Parliament in the usual form to the Munday following On Munday March 19. one Bill onely upon its second reading was committed to be ingrossed On Tuesday March 20. the Bill touching Sir Francis Englefield's Lands had its third reading and was concluded Four Bills also more were this forenoon sent up to the Lords from the Commons On Thursday March 22. two Bills had each of them one reading On Saturday March 24. to which day the Parliament had been last continued was one Act concluded after the third reading and four other Bills brought up to the Lords from the House of Commons whereof one was an Act concerning the lawful deprivation of Edmond Bonner late Bishop of London March 25. Sunday An. 1593. On Munday March 26. were three Bills each of them once read Subsidy-bill read granted by the Temporaity whereof the first was an Act for the grant of three entire Subsidies and six Fifteenths and Tenths granted by the Temporalty which had passed the House of Commons and was sent up to the Lords on Saturday last This morning also two other Bills were sent up to the Lords from the said Commons On Tuesday March 27. three Bills had each of them one reading On Wednesday March 28. three Bills were read secunda vice and one Bill tertia vice Five other Bills were also sent up to the Lords from the Commons Nota This day was an unusual Proxie returned from one of the Bishops absent at this time from the Parliament as divers other Peers by the License of her Majesty in which Proxie he constituted but one Proctor whereas it is the usual custome for every Spiritual Lord to nominate two at the least and every Temporal Lord but one This Proxie is thus entered in the beginning of the original Journal-book of this Parliament 28º Die Marcii introductae sunt Litterae Procuratoriae Thomae Cicestrensis Episcopi in quibus Procuratorem suum constituit Johannem Archiepisc Cantuariensem On Thursday March 29. seven Bills had each of them one reading On Fryday March 30. five Bills were read whereof the first was the Bill of Subsidy granted by the Temporalty Subsidy granted by the Clergy passed and the last the Bill of Subsidy granted by the Clergy both which at this time upon their several third readings passed the Lords House On Saturday March 31. were five Bills read April 1. April 1. Sunday On Munday April 2. one Bill was read and six Bills of like consequence were sent up to the Lords from the Commons On Tuesday April 3. were four Bills once read On Wednesday April 4. one Bill was read prima secundae vice On Thursday April 5. three Bills of no great moment upon their third reading passed the House and were expedited This morning also this Order was agreed on amongst the Lords An Order about the Contribution for mustred Souldiers viz. Whereas the Lords of Parliament both Spiritual and Temporal assembled in the Parliament chamber at Westminster have with one uniform consent both in their own Names and the rest of the Lords absent ordered That there shall be a charitable Relief and Contribution made towards the relief and
as to the Queen as for two parts of the Profits to be answered her and so all Sales hereafter to be made by any Recusant convicted the Sale being bona side The sixth They shall be disabled to be Justices of the Peace Mayors or Sheriffs The ninth Children being ten years until they be sixteen to be disposed at the appointment of four Privy Counsellors the Justices of Assize the Bishop of the Diocess Justice of the Peace And if the third part of the Land suffice not for maintenance the rest to be levied of the Parents Goods The eleventh Recusants that be Copyholders to forfeit two parts to the Lord of the Mannor if the Lord be no Recusant and if he be then to the Queen The thirteenth Protesting that he doth not come to Church under colour of any Dispensation or other allowance from the Pope but for Conscience and Religion Sir Robert Cecill AS I remember Cecill's Speech I have been of this House these five Parliaments and I have not determined to say any thing in these Assemblies further than my Cogitations should concur with my Conscience in saying bare I and No. Give me leave I pray you to rehearse an old Saying and it is in Latine Nec te Collaudes nec te Vituperes ipse For me to do the one were exceeding Arrogancy and to do the other I confess I hope you will pardon me The occasion of this Parliament which I take to be by that which we received from the honourable and learned Speech of the Lord Keeper as of and from her Majesty to us in the Higher House is for the cause of Religion and the maintenance thereof amongst us the preservation of her Majesties most Royal Person and the good of this Realm our Country All which because they be things of most dear and nearest price and at this present in exceeding great and eminent danger it is behoveful to consult of most speedy remedies which in parcels should proceed from the most wise heads The Enemy to these is the King of Spain whose malice and ambition is such that together with the Pope that Antichrist of Rome for I may well couple them together the one being always accompanied with Envy and Prosperity the other with unsatiable desire makes them by all means seek the subversion of this State But concerning the first the Cause of God and his Religion which her Majesty professed before she came on this Royal Seat which she hath defended and maintained and for which cause God hath so blessed her Government ever since her coming to the Crown yea while the Crown was scarce warm on her head she abolished the Authority of Rome and did set up God's Truth amongst us and to her great Renown made this little Land to be a Sanctuary for all the persecuted Saints of God whereby the People perceived her Magnanimity Zeal and Judgment Magnanimity in understanding so great an Enterprize Zeal in professing the same not of shew but in sincerity Judgment in defending it and preventing all the Popes designes He set forth his Bulls and Missives against her Majesty thereby most unnaturally depriving her of her most natural Right Duty and Loyalty which her Subjects should owe unto her c. Here he touched the many dangers which her Majesty had been in which as it caused him to fear to think so it did cause him to tremble to speak concerning the danger of our Country and so the loss of our Lives Liberties Wives Children and all other Priviledges Let me not trouble you with things passed so long and perhaps beyond my reach but of things passed of late years and since 88 when as we were so secure and never thought the King of Spain would have set up his Rest for England then sent he his Navy termed Invincible and had almost been upon the backs of us before we were aware yea we were so slack in Provision that it was too late to make resistance had not God preserved us his attempt against us by seeking to win the Low Countries and to obtain Ireland which being but trifles and partly devices which I mean not to trouble you with He hath now of late gone about to win France wherein he hath greatly prevailed as in Lorain and in other parts as you have heard but especially in Britain having most part of the Port-towns in his possession whither he still sends Supplies dayly and re-enforceth them every four or five months which Port is always open and his men and forces never wanting This Province he especially desireth for it lieth most fitly to annoy us whither he may send Forces continually and there have his Navy ready to annoy us the which he could not otherwise so easily do unless he had the Wind in a bag Besides having this Province he will keep us from Traffique to Rochel and Bourdeaux as he doth in the Streights from Tripoly and St. Jean de luze and so hinder us from carrying forth or bringing in into this Land any Commodities whereby this Realm might be inriched and her Majesties Impost ever increased being one of the greatest Revenues of her Crown He hath also gone about with them of Stode and the King of Poland one of his own Faction and who by reason he cannot do in that Kingdom what he listeth he may easily command him to impede or hinder our Traffique in those Eastern parts which if he could bring to pass you see how hurtful it would be to this Land But to descend yet more lower and into these latter Actions he hath seen it is but a folly to endeavour to make a wooden-bridge to pass into England therefore he hath found out a more sure way and stronger passage unto it by Land and that by Scotland which though it be not talked of at the Exchange nor preached of at Paul's Cross yet it is most true and in Scotland as common as the High-way that he hath procured to him many of the Nobility there It is true he hath sent thither no Navy and if he had endeavoured it her Majesty would not have suffered him yet do she what she can some paltry Fly-boat may escape her Majesties good Ships and carry Gold enough in her to make them Traytors and stir them to Sedition These things her Majesty understood before and advertised that King thereof but he not so well conceiving thereof hath by the effect proved the other true And unless I be deceived the last Letter that came from thence the other night sheweth that King is gone to make a Road into the North and to bring Back the Lord Bothwell and the Lord Huntley The King of Spain's malice thus dayly increaseth against us and seeketh also to stir up Sedition amongst us by his Instruments the number also of Papists dayly increaseth or at leastwise be more manifested My advice is That you would consult which ways to withstand such eminent dangers which the greater they be the sooner they
with others viz. the Lord Treasurer Lord Admiral four Earls five Bishops Lord Chamberlain and twelve Barons the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas the Lord Chief Baron Mr. Serjeant Drew and Mr. Atturney-General to attend the Lords the meeting to be at the great Council-chamber at Whitehall to morrow at two of the clock in the afternoon The Counsel on both parts for the Lord Marquiss of Winchester and the Lord Montjoy were admitted to publick hearing in the House and thereupon no just cause being found to hinder or to stay the proceeding of the Bill the same was commanded to be read the third time and so was expedited On Tuesday Decemb. 13. an Act against Forestallers Regrators and Ingrossers read tertia vice and return'd to the Lower House for their consideration of some Amendments An Act giving power and liberty to Sir John Spencer Knight Dame Mary his Wife and Robert Spencer Esq their Son to alienate certain Mannors and lands in the Counties of Dorset and Bedford read tertia vice and thereupon two Letters from the Lord Spencer to the Lord Chamberlain signifying his consent to the Bill were read On Wednesday Decemb. 14. order was given for release of William Wood out of the Fleet at whose suit Edward Barston the Lord Chandois servant was arrested so as he make satisfaction to the said Barston of such charges as he was at by means of the said Arrest The like Order was made for the enlargement of William Cole that arrested John Yorke the Archbishops servant paying onely the Fees of the Fleet. On Thursday Decemb. 15. an Act for explanation of the Statute made Anno 5 Reginae concerning Labourers A Bill returned because the Amendments went ingrossed in Parchment which should have been in Paper returned from the Lower House with some Exceptions to the Schedule affixed because the Amendment was ingrossed in Parchment which according to the custom of the House should have been in Paper Certain Articles were presented in writing by the Lower House touching their Opinions and Objections concerning the Bill of Tellers c. which were delivered to Mr. Atturney to the end he might confer with the Judges upon the same and make Report to their Lordships The Bill concerning Mr. Arthur Hatch her Majesties Ward c. return'd into the House by the Lord Treasurer the first of the Committees And forasmuch as it seemed to the Committees that there were in the Bill certain points that could not be well reformed a Motion was made to the House upon agreement among the Committees That the proceeding in this Bill might cease and that another course might be taken by way of Composition betwixt the Dean and Chapter of Windsor and Arthur Hatch for which purpose a Bill was brought ready drawn by Mr. Atturney-General containing a form of Composition betwixt them to be ratified if it should be thought good by Parliament On Friday Decemb. 16. a Bill for the grant of three Subsidies six Fifteenths and Tenths read the third time and expedited On Saturday Decemb. 17. an Act to preserve the property of stolen Horses in the true Owners and to reform the abuses of Vouchers in the sale of Horses in Fairs and Markets read prima vice An Act for the repressing of Offences that are in the nature of Stealth and are not Felonies by the Laws of the Realm prima vice lect On Munday Decemb. 19. certain Amendments were offered to the House by the Committees on the second reading concerning Arthur Hatch her Majesties Ward the said Amendments being twice read whereupon both the Bill and the said Amendments were commanded to be forthwith ingrossed which was accordingly done and presently read the third time and sent to the Lower House by Mr. Atturney-General and Dr. Stanhopp The Amendments in the Bill concerning Labourers formerly ingrossed in Parchment whereat some exception was taken by the Lower House and for that cause returned without their allowance to the Lords was now commanded to be written in Paper On Tuesday Decemb. 20. the Bill for erecting of houses of Correction Bill for houses of Correction and for punishment of vagabond Rogues c. was read tertia vice Dominue Custos Magni Sigilli ex mandato Dominae Reginae adjournavit praesens Parliamentum usque in xi o die Januar. prox sequen hora octava Wednesday Jan. 11. January 11. the Earl of Essex having been created Earl-Marshal the 18th of December last by her Majesties Letters-Patents took his place according to the said Office viz. next the Earl of Oxford great Chamberlain of England and before the Earl of Nottingham great Steward Thursday Jan. 12. the Bill entituled An Act for the increase of People for the service and defence of the Realm Bill for increase of People for the service and defence of the Realm return'd to the House by the Committees A Motion made by the Lord Archbishop of Canterbury first of the Committees that a Conference might be had with a competent number of chosen persons of the Lower House for the better perfecting of the Bill whereupon Mr. Atturney-General and Dr. Stanhopp were addressed to the Lower House with a Message to that effect and the time and place of meeting desired to be at the great Council-chamber at Whitehall to morrow by two of the clock in the afternoon Certain select Committees chosen by the Lower House concerning that Bill for the increase of People c. were sent to the Lords signifying their allowance of the time and place appointed for meeting about that Bill but desired that in the mean time they might have delivered unto them in writing such Objections of their Lordships as they do make unto the Bill to the end they might be more ready to deliver their Opinions and Resolutions at the meeting The Lords having considered of this Motion thought it unfit and not agreeable to the Order of this House to deliver the same in writing and therefore agreed that answer should be made That if upon verbal Conference they should remain unsatisfied touching the said Exceptions then they should have the same delivered unto them in writing for their further consideration thereof which Answer was presently notified to the said select Committees And in the mean season the Judges were required to set down the Objections in writing that they might be in readiness for the said Committees of the Lower House if upon the verbal Conference before-mentioned they should not be satisfied An Act for establishing the Bishoprick of Norwich and the possessions of the same against a concealed Title made thereunto read secunda vice and upon this reading it was ordered by the Lords That all Parties whom this Bill may concern should be openly heard in the House upon Saturday next in the morning to the end that it might be consider'd whether the same may justly pass without prejudice to the said Parties George Lester to be warned then to attend On Friday Jan. 13.
the putting thereof to the Question whether it should pass or no the Lady Fane yielded her consent to the passing of the same being thereunto perswaded by sundry of the Lords The Bill to avoid the double payment of Debts was read secunda vice The Lord Treasurer made Report That the Committees in the Bill concerning Letters-Patents c. could not proceed to any certain Conference with those that were sent from the House of Commons for that purpose in respect of some doubts that were conceived whether the Proviso offered to be annexed thereunto were necessary or no. And thereupon Mr. Atturney-General was required to deliver his Opinion on that behalf which being done by him accordingly to this effect That he thought the said Proviso needless and unnecessary and the Judges also concurring with him in that opinion nevertheless upon a Motion made by the Lord Bishop of London that the Counsel learned of the Earl of Shrewsbury and Mr. Holcroft whom the said Proviso did concern in particular might be heard in the House as they desired touching the same it was thought meet and agreeable to the honour and equity of the House that they should be so heard to which end their Counsel were appointed to give their attendance to morrow by eight in the morning And moreover for the better satisfaction of the House of Commons for the present Mr. Serjeant Yelverton Dr. Carewe and Dr. Stanhopp were sent unto them with this Message to signifie their Lordships desire to have proceeded to Conference with them this morning about the said Bill as was yesterday appointed and that the Lords were the more willing to give furtherance to the expediting of the said Bill in regard the same was especially recommended unto their Lordships from the said House but forasmuch as they found not themselves sufficiently prepared for this Conference by reason of some doubts that were not yet cleared unto them they desired the said Conference might be respited until Friday morning next at eight of the clock at the outward chamber neer the Parliament-presence unto which Motion the House of Commons willingly consented On Thursday Decemb. 10. the Bill for the establishing of the remainder of certain lands of Andrew Ketleby Esq upon Francis Ketleby was read tertia vice and sent to the House of Commons by Dr. Stanhopp and Dr. Hone. Two other Bills had each of them one reading of which the first being the Bill to avoid double payment of Debts was read tertia vice and expedited The Bill concerning Resumptions c. was this day delivered to the Lord Treasurer one of the Committees The Counsel learned as well on the behalf of the Earl of Shrewsbury as on the behalf of Thomas Holcrost Henry Candish and William Candish Esquires were heard at large in the House and thereupon Mr. Atturney was required to deliver again his Opinion concerning the said Provisoes offered on either part which being done accordingly in more ample and particular manner than he had done before and having also delivered his Resolution to sundry Questions propounded to him by divers of the Lords concerning the said Cause it was ordered as followeth Upon Debate in the House concerning several Provisoes offered by the Earl of Shrewsbury and Thomas Holcroft Henry Candish and William Candish Esquires to be annexed to the Bill entituled An Act for confirmation of Grants made unto the Queens Majesty and of Letters Patents made by her Highness to others it was at last agreed That the Lord Chief Justice of her Majesties Bench and the Lord Chief Justice of the Common-Pleas calling unto them the rest of the Judges and Mr. Atturney-General should draw some new Provisoes such as they should think indifferent for all parties and meet to be annexed to the said Bill and should present the same to the Lords to morrow in the morning before their Conference with the House of Commons concerning the said Bill The Lord Keeper signified unto their Lordships that he received command from her Majesty to let them understand her pleasure to be that the Parliament should end on Thursday the 17. or Friday the 18. of this instant Decem. at the furthest to the end that their Lordships may repair home to their Countries against Christmas and therefore she required them to employ and spend that time that remaineth in matters concerning the Publick and not in private causes Memorandum The Commons desire a Conference with the Lords about a Bill preferred in the Star-chamber against a Member of their House Quod dicto decimo Decembris those of the House of Commons that were appointed to confer with some of the Lords upon the Message lately sent from the said House signifying their desire of Conference for some matters touching the honour of both Houses did make known to the Lords the Committees nominated for that purpose That the occasion of such their Message was for that as they were informed Mr. Atturney-General had preferred a Bill into the Star-chamber against one Belgrave a Member of the House of Commons for and concerning some matter of Misdemeanour pretended to be done towards the Earl of Huntington a Lord of the Upper House and therefore they desired this mutual Conference letting their Lordships understand That to the preferring of the said Bill they conceived just exceptions might be taken by them for two respects first that Belgrave being a Member of the House of Commons was thereby vexed and molested during his service in time of Parliament contrary to the honour and priviledge of the House saying that no Member of that House ought by any such means in time of his service to be distracted either in body or minde The other because in the said Bill They reflect on the Att. Gen. for preferring the said Bill because he had formerly been their Speaker and so ought to be tender of their Priviledge and Honour preferred by Mr. Atturney-General who had been heretofore Speaker of that House and therefore as they thought ought to have more regard to the honour and liberty of the same Certain words and clauses were inserted which were taken to be prejudicial and derogatory to the honour of the said House And therefore they desired that the Lords would peruse and consider of the said Bill Whereupon the said Bill being offered to be read and forasmuch as it appeared that it was not an authentical Bill testified by the hand of the Clerk of the Star-chamber as it had been meet the Lords thought it not fit though otherwise they were willing to have it read nor agreeable to the proceedings of such a Court that the said Bill or Scroul shall be received to reading And therefore with a Message to that effect were pleased to send it down again to the House of Commons by Mr. Serjeant Yelverton and Dr. Hone who finding the House risen before they came brought the said Bill back again On Friday Decemb. 11. the Bill concerning Gaptains Souldiers and other in the Queens
made amongst the Lords for the Poor and it was this day moved by the Lord Archbishop of Canterbury that the like Collection might be made at this time it was upon this Motion ordered by the House That there should now be such a Collection made and that the Lord Bishop of Chichester the Lord Bishop of Peterborough the Lord Zouche and the Lord Rich should be Collectors of the same after such Rates as have been usually given and bestowed by the Lords for the said charitable purpose as in former Parliaments and they to take order for the distribution of it On Thursday Decemb. 17. the Bill for the relief of the Poor was read secunda vice It was ordered That Edward Thomas of the Middle-Temple should be presently sent for and brought before the Lords in the House for that contrary to the Priviledge of the House he hath caused one Thomas Gerrard Gent. to be arrested And it was likewise ordered That such persons as made the Arrest or did assist in doing the same shall likewise be sent for by the Serjeant at Arms to answer their doings therein The Bill for the necessary relief of Souldiers and Mariners was read secunda vice Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for assurance of certain Mannors and Lands for part of a Joynture to Lucy Countess of Bedford was expedited Two other Bills had also each of them one reading of which the second being the Bill for reformation of deceits and frauds in certain Auditors and their Clerks in making deceitful and untrue Particulars was read tertia vice and sent to the House of Commons by Dr. Carewe and Dr. Hone. The Bill was brought back from the House of Commons entituled An An for confirmation of Grants made to the Queens Majesty and of Letters-Patents made by her Highness to others and expedited The Bill for confirmation of the Subsidy granted by the Clergy was returned from the House of Commons and was expedited The Bill concerning the Assize of Fewel was read tertia vice and expedited Dominus Custos Magni Sigilli continuavit praesens Parliament usque ad horam secundam post meridiem instantis diei About which hour the Lord Keeper and divers other Lords assembling five Bills had each of them one reading of which the second being the Bill for strengthening of the Grants made for the maintenance and government of the house of the Poor called St. Bartholomew's Hospital of the foundation of King Hen. 8. was read secunda vice The Bill for recovery of many hundred thousand acres of Marshes and other Grounds subject commonly to surrounding within the Isle of Ely and Counties of Cambridge Huntington c. was read tertia vice and expedited Upon the third reading of this Bill it was moved that certain Additions might be put in the title of the Bill and Amendments in some points in the body thereof and the Lord Chief Justice and Mr. Atturney-General were required to draw the same which was done presently by them and presented to the House Whereupon the said Additions and Amendments were thrice read and then sent to the House of Commons for their consideration of the same by Mr. Atturney and Dr. Hone who returned presently from the House of Commons with their allowance of the said Amendments and Addition in the title of the Counties of Sussex Essex Kent and the County Palatine of Durham Three other Bills had also each of them one reading of which the last being the Bill to make the Lands Tenements and Hereditaments of Edward Lucas Gent. deceased Executor of the last Will and Testament of John Flowerdew Esq deceased liable c. was read secunda vice Conference was desired by the House of Commons with some of their Lordships about the Bill sent to them this day concerning the reformation of deceits and frauds of certain Auditors c. The Conference was yielded unto and appointed to be presently at the outward chamber neer the Parliament-presence On Friday Decemb. 18. four Bills had each of them one reading of which the last being the Bill for her Majesties most gracious general and free Pardon was read prima vice and sent to the House of Commons by Mr. Atturney-General and Dr. Stanhopp Memorandum That whereas a Bill hath been presented to the High Court of Parliament by the Company of the Mystery or Trade of Painters making thereby complaint against the Company of Plaisterers for and concerning certain wrongs pretended to be done to the said Painters by the Company of Plaisterers in using some part of their Trade of Painting contrary to the right of their Charter as is pretended and humbly seeking by the said Bill reformation of the said wrong Order of the House about the dispute between Painters and Plaisterers And whereas the said Bill passed not the Upper House of Parliament for just and good reasons moving the Lords of the Higher House to the contrary yet nevertheless the said Lords of the said Upper House have thought it meet and convenient that some course may be taken for reformation of any such wrong as may be found truly complained of and fit to be remedied and for setting some good agreement and order for the said Painters and Plaisterers so as each sort of them might exercise their Trade conveniently without incroaching one upon the other It is therefore ordered by the said Court of the Upper House of Parliament That the said complaint and cause of the said Painters which proceeded not in Parliament shall be referred to the Lord Mayor of London and the Recorder of London to be heard and examined adjudged and ordered as in Justice and Equity shall be found meet And that at the time or times of hearing of the said Cause the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy and Mr. Baron Clarke and Mr. Atturney-General or any four three or two of them shall assist and give their help for the making and establishing of some good Order and Agreement between the said two Companies And that the said Parties Complainants and also the Company of Plaisterers shall observe and keep such Order as the said Mayor the Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas Mr. Justice Gawdy Mr. Baron Clarke Mr. Atturney General and Mr. Recorder of London or any six five four or three of them whereof the Lord Mayor the Lord Chief Justice of England or Lord Chief Justice of the Common-Pleas shall be two shall be set down and prescribed Memorandum That whereas William Crayford of Mongham in the County of Kent Gent. was this day brought before the Lords in the Upper House of Parliament to answer an Information made against him That he had procured and suborned his Son William Crayford to lay sundry Executions and Outlawries on William Vaughan Gent. servant to the Earl of Shrewsbury contrary to the Priviledge of the
Think you a Penalty 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 so Lively that to the Judgment it seemed the very Sea Another Painter in the same Table Painted a Tree so Lively as it might be thought it were growing out of the Sea There grew a Question Which was the most Curious Work-manship and the Deciding of this Controversie was referred to the Judgment of a third Skilfull Painter who gave his Judgment of the Tree thus O valde bene sed hic non erat locus So may I say of this Bill It is as hard for this Penalty to restrain this Sin as it is for Religion to spring out of the Common-Law and to take Effect Aristotle saith That a Men may be Bonus Civis and yet not Bonus Vir. And though I abhor the Sin yet I deny not but the Sinner may be a good Member Moses when he saw God could but see his Back-Parts only and no Man ever saw more But these Swearers Swear by all his Parts so perfectly as if they had seen Film all over Philip King of France made a Law That the Swearer should be Drowned Another Law was made That a certain Sum should be paid presently so soon as he had Sworn or else the Swearer to lose his Head We use so much Lenity in our Law as we had as good make no Law For we give a Penalty and to be taken upon Conviction before a Justice of Peace Here 's wise stuff First Mark what a Justice of Peace is and we shall easily find a Cap in our Law A Justice of Peace is a Living Creature that for half a Dozen of Chickens will Dispence with a whele Dozen of Venal Statutes We Search and Ingross they retail These be the Basket-Justices of whom the Tale may be Justified of a Justice whom I know to whom one of his Peor Nighbours coming said Sir I am very highly Rated in the Subsidy-Book I do beseech you to help me To whom he answer'd I know thee not Not me quoth the Country-man Why He gives the Justices of the Peace in the Country a severe Lath. your Worship had my Team and mine Owen such a Day and I have been ever at your Worship's Service Have you so quoth the Justice I never remember I had any such Matter not so much as a Sheeps Tail So unless you offer Sacrifice unto these idol-Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to Levy a Hundred Men he will Levy Two Hundred And what with Chopping in and Crossing out he will gain a Hundred Pounds by the Bargain Nay if he be to send forth a Warrant upon a Mans Request to have any setch't in upon Suspicion of Felony or the like he will write you the Warrant himself and you must put Two Shillings in his Pocket as his Clerk's Fee when God knows he keeps but two or three Hindes for his better Maintenance Why we have had here Five Bills One against Swearing another for Going to Church Good Ale Drunkenness and This is as good to them as a Subsidy and Two Fifteens Only in that Point I mislike the Bill for the rest I could wish it good Passage Sir Francis Hastings Sir Francis Hastings amongst other Speeches in this Bill said That such Justices were well worthy to be looked up in an Ambry But he wished That All might not be Censured for one evil One who though he neglected both the Care of Conscience and Country which he should not do yet doubtless many did not so as being touched in Conscience to remember That our long Peace should make us carefull to please Him in doing Justice that had preserved us and was the Author of our Peace even God himself So the Bill was put to the Question and Order'd to be Ingrossed Mr. Wiseman moved the House to remember two things One that it had been an ancient Custom in Parliament sometimes to call over the House which was not yet done Mr. Wisman moves for a Parliament-Collection The Other That where heretofore a Collection had been used for the Poor That those which went out of the Town before the Parliament ended would ask Leave of the Speaker and pay his Money Sir Edward Hobby said The Gentleman that last spake Moved you but I would Remove you a little further May it please you It hath been a most Laudable Usage That some Contribution or Collection should be made amongst us in pios usus And I pray you let us not forget our Parliamental Charity Every Knight paid Ten Shillings and every Burgess Five Shillings to be thus disposed of part of the Whole to the Minister part to the Servants here and part to the Poor the rest at you disposements The last time our Charity ransomed a Prisoner for his Father 's good Desert The last time Sir Robert Wroth and Mr. Fettyplace were Collectors It rests in you either to appoint them now or choose others Mr. Fettyplace said It is true Mr. Speaker Mr. Fetty place shews how the last was disposed of I was Collector the last time and there was paid out of the Money Collected to the Minister Ten Pounds to the Serjeant Thirty Pounds to Mr. John Leveson for the Redemption of Mr. Fox's Son that made the Book of Martyrs Thirty Pounds There was Money given to Seven Prisons the two Compters Ludgate and Newgate in London to two in Southwark and one in Westminster How old the Custom is I know not but how good it is I know For my own part having one undergone that Service a ready I humbly pray that it would please you to appoint another Mr. Tate said Charity proceeding from Conscience and not from Custom breeds Obedience to God and pleaseth God and so went on and spake for a Town in his Country lately Burnt That it would please the House to contribute somewhat to the Poor's loss there Mr Roger Downs brought in the Bill for Ratlesdale with some Amendments The Bill for Assurance of a Joynture to Lucy Countess of Bedford being Ingrossed passed the House and was sent up to the Lords A Bill for the Denization of certain Persons viz. William Millet Ann Pope George Chambers Peter Eaton and Nicholas Tooley being Ingrossed passed the House and was likewise sent up to the Lords with the other The Bill for Confirmation of divers Letters-Patents made by Edw. 6. to Sir Edward Seymor Knight his Grand-Father being Ingrossed passed and was sent to the Lords The Bill for the better Observation of certain Orders in the Exchecquer Ingrossed and passed and sent up to the Lords The Bill for Avoiding of trifling Suits being Ingrossed and passed was sen to the Lords Sir Robert Wroth said Mr. Speaker The Use hath been That the general Bills should be first Read and
House cried I I I. No quoth the Secretary you must stand at the Bar. And the House cried No No No. Then Mr. Secretary desired it might be put to the Question Whether he should speak or No And so it was and not Twenty said No. Then it was put to the Question Whether he should speak at the Bar or No And Mr. Brown the Lawyer stood up and said Mr. Speaker Par in Parem non habet Imperium we are all Members of one Body and One cannot Judg of Another So being put to the Question there were not above twelve I I I that he should stand at the Bar. Whereupon Mr. Martyn standing in his Seat shewed the Cause of his Speech to have been only for the Order of the House and not out of any Perswasive meaning that he had For he protested he neither knew the Man nor the Matter On Thursday Decemb. the Tenth A Bill for the Denization of certain Persons viz. Josepho Lupo and others was Read And because the said Josepho Lupo had neither Father nor Mother English the House respited the Bill A Bill for the Weavers was put to the Question and Committed the time and place of Meeting to be this Afternoon in the Exchequer-Chamber The Bill for the Assize for Wood was Ordered to be Ingrossed The Bill touching the taking away Gavel-kind-Custom in Kent was Read A Bill about Gavel-kind c. And Mr. Francis Moore said He thought the Bill a very Idle and frivolous Bill and Injurious For Mr. Moore against Repealing it if a man take a Wife by the Custome she shall have a Moyety but now if we make it go according to the Common Law she shall have but a Third part So if the Father committed a Felony and be Hanged the Son shall not lose his Inheritance because the Custom is The Father to the Bough and the Son to the Plough which at the Common Law he should lose Mr. Serj. Harris said I think this Bill a very good Bill Serj. Harris to have it Repealed for it defeats a Custom which was first devised for a Punishment and Plague upon the Country For when the Conquerour came in the Reason of this Custom was To make a Decay of the great Houses of the Old English for if a man of 800. l. Per Annum had eight Children now it must be divided into eight Parts And then if they had Children it must be subdivided again usque in non quantum where if it had gone to one as by the Common Law it would still have Flourished Mr. Boys amongst many Reasons shewed Mr. Boy 's of a contrary mind It would in Kent be a great loss to the Queen in her Subsidy for by reason of these Subdivisions there were many Ten-Pound men And whosoever knows the state of our Country shall find more under Ten Pound men than above come to the Queen and now if these being divided into several hands should now go according to the Common Law this would make the Queen a great Loser This Bill being put to the Question The Bill is Rejected the Noes were the greater yet the I I I would needs go forth and upon division it appeared the I I I were but 67. and the Noes 138. and so the the Bill was Rejected The Bill for suppressing Ale-houses A Bill to Suppress Tipling-Houses and Tippling-houses was Read Mr. Francis Moore offered a Proviso to the House Mr. Moore and shewed That he was of Councel and had a standing Fee from the Corporation of Vintners in London And shewed That they were an Ancient Corporation and had ever used by force of divers Charters of Kings of this Realm to sell Wine and now by this Bill all was inhibited And therefore Pray'd the Provise might be received which was received M. Johnson said Mr. Johnson against it If this Bill should Pass it would breed a great Confusion of Government for by this Law the Justices of the County may enter into the Liberties of any Corporation and License Sale of Wine and Beer Besides he must be Licensed by four Justices perhaps there be not four Justices in a Corporation Admitting Power were not given to the Foreign Justices now when these four Justices have enabled him by this Law they have no Power by this Law upon his misbehaviour to put him down and so very Insufficient and impossible to be Mended Sir Robert Wroth said Sir Rob. Wroth against it The Bill is That no Man shall c. but he must be allowed in the Quarter-Sessions by four Justices And what pain and Charge this will be to a poor man to go with some of his Neighbours 20 or 30 miles for a License And what a monstrous Trouble to all the Justices I refer it to your considerations The Speaker certified a Message from the Lords Sir Edward Hobby said We attended the Lords this morning touching the Information against Mr. Belgrave and in the end concluded That forasmuch as it concerneth Their as well as Our Privileges they desire some time to Consult and then will send us word of their Resolutions Doctor Stanhop and Doctor Hone brought a Bill from the Lords Intituled An Act for the Stablishment of the Remainder of certain Lands of Andrew Ketleby Esquire to Francis Ketleby And so they departed Mr. Spicer said If I should not agree to the Substance of the Bill I were no good Commonwealths-man And if I should agree to the Form I should scarce think my self a good Christian for I may justly say of this Bill Nihil est ubi error non est Mr. Laurence Hide moved That in respect it came from the Lords we would give it a Commitment Mr. Serjeant Harris said If this Bill should pass as was well said we all should lose the Liberties of our Corporations And Her Majesties Justices at the Sessions Serj. Harris against it should be troubled with Brables of Ale-Houses The Statute of Ed. 6. hath had Approbation these half Hundred Years and I wish we may not Repeal a good Law to make a worse Mr. Richard Brown said Mr. Brown against it Wines heretofore have been at Ten Pound a Tun and the Laws are That Wines should be sold at Two Pence the Quart and Her Majesty Receiveth One Thousand Six Hundred Pounds a Year Custom for them If now this Statute should stand that Four Justices should License the sale of Wines this would be a wrong to divers Licenses which are made by Pattentees of her Majesty and a beggaring of all Vintners And he that now keeps an Inn if he pleases not the Justices he shall be turned out And withal there is a Clause of disability which is most grievous Sir Robert Wroth said It seemes the House doth distast this Bill and I doubt of the Passing of it I would but move the House to remember That it is an Ancient Custom that for Reverence sake to the Lords of the Upper-House we only
Inform you that the Gentleman that had the Patent hath made a voluntary and willing Surrender thereof laying the same even at Her Majesties Feet which Her Majesty most Gratiously and Willingly Accepted Now my Motion is this I know their Bill is coming and that the Parliament will be short If we shall read Ours and they send Theirs this will breed Disputation perhaps Confusion and so in so good and necessary a Cause just nothing done but both neglected Therefore my desire is we may tarry for Theirs But the House would have it Read viz. A Bill against Transportation of Money Coin Plate Ordnance c. On Wednesday Decemb. 16. A Bill for the Change of the Sirnames of those that shall Marry the two Daughters and Heirs of William Waller Esq into the Name of Debden was read the first time A Bill for Relief of the Poor was Read and Ordered to be Ingrossed A Bill to make the Lands and Tenements of Edward Lucas Gentleman Deceased Executor of the last Will and Testament of John Flowerdewe Esq Deceased liable to the payment of certain Legacies given by the last Will of the said Flowerdewe and to the payment of divers other Debts owing by the said Lucas in his Life time was read and Ordered to be passed The Bill for the Appeasing of certain Controversies between Francis Ketleby and Andrew Ketleby and Jane his Wife The Substance of which is that the Matter shall be referred to Sir Robert Cecil Sir Walter Rawleigh Sir Francis Hastings Sir Edward Stafford c. And their Award to stand Good A Bill for the necessary Relief of Souldiers and Marriners was read and Ordered to be passed A Bill for the true making of Woollen-Cloth was read and Ordered to be passed with a Proviso In the Afternoon A Bill concerning Captains Souldiers and Marriners A Bill about Souldiers and Mariners c. was read the second time and by Reason of the Generality of the Bill it was much excepted against by Sir Walter Rawleigh and others Mr. Glascock said Mr. Speaker Mr. Glascock speaks to it and against Justices of the Peace I have something Touching this Bill to deliver to the House in discharge of my Conscience And I do humbly and heartily pray you all to hear me patiently and quietly without Interruption I have been observed Mr. Speaker to be an Enemy to Justices of the Peace and to have spoken Irreverently and much against them For my own part I mind now to make my last Speech for this Parliament and this Protestation withal That I never used any Irreverent Language towards those whose Honesty joyned with their Authority and make themselves Famous under the Title of Upright Justices My Speech was never uttered against them but against two sorts of Justices that have Authority at the Commission of Musters for a I within the County are Authorized Generally by the word Justices by whom I would be loath to be Yoaked or Commanded The first is the Uncircumcised Justice of Peace the other The Adultering Justice of Peace The Uncircumcised Justice Two sorts of Justices of the Peace called Vncircumcised Adultering Justices is he who from base Stock and Linage by his Wealth is gotten to be within the Commission And I call him Uncircumcised because he hath not cut off the Fore-skin of his Offences and so by his Vertue wiped away the blot or stain of Baseness in his Birth and Linage The Adultering Justice is he that is a Gentleman-Born Vertuous Discreet and Wise yet Poor and Needy And so only for his Vertues and Qualities put into the Commission This Man I hold unfit to be a Justice though I think him to be a good Member in the Common-Wealth Because I hold this for a ground Infallible That no poor Man ought to be in Authority my Reason is this he will so Bribe you and Extert you that the sweet Scent of Riches and Gain takes away and confoundeth the true Taste of Justice and Equity For the Scripture saith Munera excacant ocules Justorum and Justice is never Imprisoned and Suppressed but by Bribery And such kind of Ministers I speak of And I call him an Adulterating Justice because look how many Bribes he taketh so many Bastards he begets to the Common-wealth Then let us see whence these Justices do come and how they be made It cannot be denied but all Justices are made by the Lord-Keeper then he is in fault and none else For my own Opinion I have ever held him to be a Man both Honourable Grave and Wise so Just that never was the meanest Subject so Wronged that he ever Complained Therefore his Justice cannot be Taxed I but his Care may for he only maketh them No I may more easily Excuse him than our selves for he maketh none but such as have Certificates Commendatory from the Justices of Assize Why then they be in fault for impossible it is my Lord-Keeper should know the Quality and Sufficiency of them himself but only Per aluim in trust as by the Justices of Assize No the Gall lies not there for they neither by Reason they are not always rideing one Circuit are well acquainted with the natures of those secret Justices but when any desireth to be a Justice he getteth a Certificate from divers Justices of the Peace in the Country to the Justices of Assize Certisying them of their Sufficiency and Ability And they again make their Certificate believing the former to the Lord-Keeper who at the next Assizes puts them into Commission And thus is the Lord Keeper abused and the Justices of Assizes abused and the Country Troubled with a Corrupt Justice put in Authority The Cause comes only from the Justices themselves And who be they Even all of you here present or most of us My Suit therefore is That you will abstain from such Commendations and hold your Hands from Writing Iniquity and doing so Sinful a Deed as to Commend an unworthy Person and not to Commend a Worthy and Deserving Subject And I think this a position both true and publique that it is as great a Sin to add to the Unworthy as to detract from the Worthy And Mr. Speaker if these Men may be excepted out of the Bill I will not only be ready to go but to run forth to have so good a Law Established Then Mr. Townshend the Collector of this Journal stood up and shewed That in too much Generality there never wanted Error And so in this Bill being too General namely all from the Age of Eighteen to Sixty must appear at Musters and may be Prest no exception of any and therefore no Profession exempted It is not unknown unto you that by Profession I am a Lawyer and therefore unfit to be a Professor of the Art of War Therefore I pray that it would please the House if they would Commit the Bill to Commit it to be returned on the last Day of the next Parliament or else that as a Worthy