was Prorogued on Saturday the 10 th day of April then next following together with the Solemn and Royal manner of her Majesties passing to the House of Lords on either of the said Days are for the most part transcribed out of several Anonymous Memorials thereof I had in my Custody being doubtless the very Original Draughts or Autographs set down by some observant Member of one of the Houses or by some other person then present in the Upper House for it was written in a hand of that time and much interlined The Parliament was Summoned to begin at Westminster on Monday the 11 th day of Jan. An. 5 Regin Eliz. An. D. 1562. upon which day Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England with divers other Lords repaired to the Parliament Chamber commonly called the UpperHouse and then and there in presence of the Lords Spiritual and Temporal and of the Knights Citizens and Burgesses Summoned to the same Parliament the Lord Keeper declared that the Queens Majesty by reason of the evil disposition of her Health could not be present this 11 th day of January and that she hath therefore been pleased to Prorogue the same until to Morrow being the 12 th day of the same And to this purpose a Writ Patent under the Great Seal of England whereby the said Parliament was Prorogued unto the 12. day of this Instant Jan. was read publickly by the Clerk of the Upper House in these words following Elizabeth Dei gratia Angliae Franciae Hiberniae Regina fidei desensor c. praedilectis sidelibus nostris Praelatis Magnatióus Proceribus Regni nostri Angliae dilectis sidelibus nostris Militibus Civibus Burgen dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterii undecimo die instantis mensis Jan. inchoand tenend convocatis electis vestrum cuilibet salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernent dictum Parliamentum nostrum ad diem locum praedict teneri ordinaverimus Ac vobis per separalia Brevia nostra apud Civitatem die praedict interesse mandaverimus ad tract and. consentiend concludend super hiis quae in dicto Parliamento nostro tune ibidem proponcrentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad tempus specialiter movent dictum Parliamentum nostrum usque duodecimum diem hujus instantis Mensis Jan. duximus prorogand it a quod nec vos nec aliquis vestrum ad dictum undecimum diem Jan. apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vohis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum duodecimum dicm Januarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi concilio dicti Regni nostri favente Deo contigerint ordinari Teste me ipsâ apud Westmonasterium nono die Januarii anno Regni nostri quinto This day although the Parliament began not nor any Peers sate in the Upper House but the Lord Keeper and some others of either House met only in the Parliament Chamber to Prorogue the Parliament unto the 12. day of this Instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did constitute others to give their Voices for them Nota That the Duke of Norfolk was Constituted the sole or joint Proctor of four several Peers and Francis Earl of Bedford was nominated the sole or joint Proctor of seven several Lords whereof one was Thomas Archbishop of York and another of them was William Bishop of Exeter By which it doth appear not only that a Spiritual Lord did Constitute a Temporal which at this day is altogether forborn as also for a Temporal Lord to Constitute a Spiritual which was but rarely used during this Queens Reign but likewise that any Peer of the Upper House by the ancient and undoubted usages and Custom of the same is capable of as many Proxies as shall be sent unto him On Tuesday the 12. day of January the Parliament held according to the Prorogation on yesterday foregoing and about eleven of the Clock in the Forenoon the Queens Majesty took her Horse at the Hall Door and proceeded in manner as followeth First All Gentlemen two and two then Esquires Knights and Bannerets and Lords being no Barons or under Age. Then the Trumpeters sounding Then the Queens Serjeant M r Carus in his Circot-Hood and Mantle unlined of Scarlet Then M r Gerrard the Queens Attorney and M r Russell Sollicitor Then Anthony Browne Justice of the Common Pleas and M r Weston of the Kings Bench. Then the Barons of the Exchequer Then M r Corbett and M r Whidon two Justiees of the Kings Bench. Then Sir Thomas Saunders Chief Baron of the Exchequer and Sir James Dyer Chief Justice of the Common-Pleas Then Sir William Cordall Master of the Rolls in his Gown and Sir Robert Catlin Chief Justice of the Kings Bench and these Justices and Barons of the Exchequer in their Scarlet Mantles Hood and Circot edged with Miniver the Mantle shorter than the Circot by a foot Then Knights Counsellors in their Gowns as Sir Anthony Cooke Sir Richard Sackvile Sir William Peeters and Sir Ambrose Cane Then Sir William Cecill Chief Secretary and Sir Edward Rogers Comptroller Then William Howard bearing the Queens Cloak and Hat Then Barons in all forty but there in number 30. a. St. John of Bletso Hunsdon Hastings of Loughborough Chandois North Effingham but now as the Lord Chamberlain Darcy of Chicke Paget Sheffield Willoughby Rich Wharton Evers Cromwell St. John Mordaunt Borough Wentworth Windsor Vaux Sands Mountegle Darcy of Menell Ogle Mountjoy Lumley Latimer Scroope Grey of Wilton Stafford Cobham Dacres of the North Dacres of the South Morley Barkley Strange Zouch Audeley Clinton but now Lord Admiral and Bargaveny their Mantles Hoods and Circot furr'd and two Rows of Miniver on their right Shoulder Then proceeded the Bishops all that were there present were but twenty two as Glocester and St. Asaph Chester Carlisle and Peterborough Norwich and Exeter Lichfield and Coventry Bath and Wells Rochester and St. Davids Salisbury and Lincoln Bangor and Worcester Ely and Hereford Landaffe Chichester and Winchester Durham and London their Robes of Scarlet lined and a Hood down their back of Miniver Then the Viscounts their Robes as the Barons but that they had two Rows and an half of Miniver as the Viscount of Bindon absent Viscount
Mountague and Viscount Hereford present Then the Earls but nineteen present the Earl of Hertford the Earl of Pembroke Bedford Southampton Warwick Bath Huntington Sussex Cumberland Rutland Worcester Darby Shrewsbury Westmoreland Northumberland Oxford and Arundel their Robes of Scarlet with their Rows of Miniver Then the Marquess of Winchester but now as Lord Treasurer and the Marquess of Northampton the Duke of Norfolk went as Earl Marshal Then the Lord Keepers Serjeant and Seal and after Sir Nicholas Bacon Lord Keeper of the Great Seal in his Gown Here Clarenceux and Norroy Then the Queens Serjeant at Arms and after Garter Then the Duke of Norfolk with the gilt Rod as Marshal the Lord Treasurer with the Cap of Estate and the Earl of Worcester with the Sword Then the Queens Majesty on Horseback a little behind the Lord Chamberlain and Vice-Chamberlain her Grace Apparelled in her Mantle opened before furr'd with Ermines and her Kirtle of Crimson Velvet close before and close Sleeves but the Hands turned up with Ermines and a Hood hanging low round about her Neck of Ermins Over all a rich Coller set with Stones and other Jewels and on her Head a rich Caul And the next after Her the Lord Robert Dudley Master of the Horse leading the spare Horse And after all other Ladies two and two in their Ordinary Apparel By side the Queen went her Footmen and along on either side of her went the Pensioners with their Axes after the Ladies followed the Captain of the Guard Sir William St. Loe and after him the Guard In which Order Her Majesty proceeded to the North Door of the Church of Westminster where the Dean there and the Dean of the Chappel met her and the whole Chappel in Copes and S t Edwards Staff with the Inlet in the top was delivered unto her her Arm for the bearing thereof assisted by the Baron of Hunsdon the Canopy born over her by Charles Howard Esq Sir George Howard Sir Richard Blunt Sir Ed. Warner Sir John Perrott and Sir William Fitz-Williams Knights her Graces Train born up and assisted for the weight thereof from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain and so orderly proceeded to the Travers beside the Table of Administration Although other Princes have used to be placed in the Quire till the Offering but not now because there was neither Communion nor Offering and so she being placed all the Lords sate down on Forms besides the Travers the Spiritualty on the North side and the Temporalty on the South side the Sword and the Cap of Estate laid down on the Table Then the Quire sung the English Procession which ended M r Noell Dean of Pauls began his Sermon and first made his Prayer orderly for the Queens Majesty and the Universal Church and especially for that Honourable Assembly of three Estates there present that they might make such Laws as should be to Gods Glory and the good of the Realm The Sermon being ended and a Psalm sung her Majesty and the rest orderly on foot proceeded out of the South Door where she delivered the Dean the Scepter and so proceeded into the Parliament Chamber where the Queen stayed a while in her Privy Chamber till all the Lords and others were placed and then her Highness came forth and went and fate her down in her Royal Place and Chair of Estate the Sword and Cap of Maintenance born before her and when she stood up her Mantle was assisted and born up from her Arms by the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain The Lord Keeper sate alone upon the uppermost Sack until the Queen was sate and then went and stood without the Rail on the right hand the Cloth of Estate and the Lord Treasurer holding the Cap of Estate on the right hand before the Queen Garter standing by him and on the left hand standing the Earl of Worcester with the Sword and by him the Lord Chamberlain The Duke of Norfolk began the first Form and the Viscount Mountague for that the Viscount Bindon was not there ended it The Lord Clinton the Lord Admiral began the Form behind that of Barons and the Lord St. John of Bletsoe ended it The Archbishop of Canterbury began the Bishops Form and the Bishop of Glocester ended the same On the Woolsack on the right hand and Northside sate Sir Robert Catlin and Sir James Dyer Chief Justices Sir William Peter Anthony Browne Corbett Weston and M r Gerrard the Queens Attorney On the Sack on the left hand and Southside sate Sir William Cordall Master of the Rolls Sir Edward Saunders Chief Baron Justice Widdon Serjeant Carus and M r Russell the Queens Sollicitor and at their Backs sate Sir Richard Read Doctor Yale and Doctor Vaughan On the other Sack sate Doctor Huicke Spilman Clerk of the Parliament and M r Martin Clerk of the Crown and behind them kneeled M r 〈◊〉 Allen Dyeter Nicasius Cliffe and Permitter At the side hand of the Queen sate on the ground three or four Ladies and no more and at the back of the Rail behind the Cloth of Estate kneeled the Earls of Oxford and Rutland under Age the Earl of Desmond the Lord Roos the Lord Herbert of Cardiffe and divers other Noblemens Sons and Heirs Nota That these foregoing passages touching the solemn manner of her Majesties coming to the Upper House are not at all found in the Original Journal-Book of the same but are transcribed out of a written Copy or memorial of them I had by me as doth also the Lord Keepers Speech follow out of the same in the next place The Queens Majesty being set as aforesaid under the Cloth of Estate the House of Commons had notice thereof and thereupon the Knights Citizens and Burgesses of the same repaired to the Upper House and being as many as conveniently could let in she Commanded Sir Nicholas Bacon the Lord Keeper to open the cause of Calling and Assembling this Parliament who thereupon spake as followeth My Lords and others of this Honourable Assembly YOU shall understand that my most Dread and Sovereign Lady the Queens Majesty here present hath Commanded me to declare the occasion of this Assembly which I am not able but unmeet to do as it ought to be done among such a noble wise and discreet Company Howbeit knowing the Experience of her Majesty bearing with such as do their good wills and your Honours Patience in bearing with me in the like afore this time it encourageth me the better herein not doubting of the like at this present Therefore my Lords the occasion is that necessary matters be provided for propounded and scanned and after agreed upon and ended which afterwards shall remain and continue which matters in my Judgment may well be divided into two parts one touching Religion for the setting forth of Gods Honour and Glory and the other concerning Policy for the Common-Wealth as
notwithstanding all the disbursements of these her great Charges yet she was as I right well know very hardly brought to and perswaded to call this Parliament in which she should be driven to require any aid or by any means to charge her Subjects if by any other means it might have been holpen and so her Majesty her self Commanded to be declared And I for my part and so do others very well know for the Commons little think or consider what a trouble want is to her whereby she is forced to ask of them which surely is against her nature but that she is thereunto forced for the surety of this Realm And for that the nether House cannot being so many together but of necessity must have one to be a Mouth Aider or Instructer unto them for the opening of matters which is called the Speaker Therefore go and Assemble your selves together and Elect one a discreet wise and learned Man to be your Speaker and on Friday next the Queens Majesty appointeth to repair hither again for to receive the Presentment of him accordingly The manner of her Majesties coming to the Upper House with the Lord Keepers Speech being supplied out of that written Copy or Anonymous Memorial I had by me as aforesaid now follow the Names of the Receivers and Tryors of Petitions out of the Original Journal-Book it self of the Upper House Then the Clerk of the Parliament read in French the Names of such as should receive hear and try the Petitions for England France Scotland Ireland Gascoigne and Guyen c. which were as followeth Receivers of Petitions for England Ireland Wales and Scotland viz. Sir Robert Catlin Chief Justice of the Kings Bench Sir William Cordall Master of the Rolls Sir Anthony Browne Knight Sir Richard Read Knight and Doctor Huicke And such as will prefer any Petitions are to deliver them in six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles viz. Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Saunders Knight Chief Baron Justice Weston M r John Vaughan and Doctor Yale And such as will prefer any Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland viz. The Archbishop of Canterbury Lord Marquess of Winchester Treasurer of England the Duke of Norfolk Earl Marshal of England the Earl of Arundel the Earl of Rutland the Earl of Bedford the Earl of Pembroke the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton Admiral of England the Lord Rich all these together or four of the Prelates and Lords calling to them the Keeper of the Great Seal and the Treasurer and the Queens Serjeant when need shall require shall hold their places in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Countries and parts beyond the Sea viz. The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Huntingdon the Bishop of Winchester the Bishop of Worcester the Bishop of Oxon the Lord Howard the Lord Chamberlain the Lord Abergaveny the Lord Wentworth the Lord Willoughby and the Lord North all they together or four of the Prelates and Lords aforesaid calling to them the Queens Serjeant Attorney and Sollicitor when need shall require shall hold their place in the Treasurers Chamber These Names of the Receivers and Tryors of Petitions foregoing being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament by the Queens Majesty or the Lord Keeper by her Commandment but the same being wholly omitted through the negligence of Francis Spilman Clerk of the same it is in part supplied out of that before-mentioned memorial Copy of this present days passages following Then the Lord Keeper Adjourned the Parliament till Friday next and then the Queen returned to her Chamber and shifted her and so did all the Lords and then waited on her to the Water side where she took her Boat and departed to Whiteball from whence she came and they till Friday at their pleasures upon which ensuing Friday her Majesty came again to the Upper House but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House and only found in the foresaid Anonymous Memorials I had by me is therefore inserted out of the same in manner and form following On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat and went by Water to the Parliament-House about two of the Clock the Lords and Heralds waiting on her to the Landing place on the back side of the Parliament and so brought her to her Privy-Chamber where she shifted her and put on her Robes and the Lords theirs as the first day and then she repaired to her Seat and the Lords to theirs with their Serjeants and Gentlemen-Ushers before her the Lord Marquess of Northampton bearing the Cap of Estate the Duke of Norsolk the Rod of the Marshalsie and the Earl of Northumberland the Sword the Lord Robert Dudley Master of the Horse and the Baron of Hunsdon sustained her Mantle from her Arms And her Train was born by the Lord Chamberlain Vice-Chamberlain and M r Ashley Master of the Jewel-House and the Lord Keeper standing at the back of the Rail on the right and the Lord Treasurer on the left And because this is the first Session of the Second Parliament of her Majesty I thought it worth the labour to cause the presence of her Majesty and the Lords spiritual and Temporal to be inserted directly according unto the Copy thereof in the Original Journal-Book of the Upper-House Die Veneris 15 to Januar. Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes fuerunt Pr. Regina Pr. Archiepiscopus Cantuar. Pr. Archiepiscopus Eboracen Pr. Episcopus London Pr. Episcopus Dunelmen Pr. Episcopus Winton Pr. Episcopus Cicestren Episcopus Landaph Pr. Episcopus Hereford Pr. Episcopus Elien Pr. Episcopus Wigorn. Pr. Episcopus Bangoren Pr. Episcopus Lincoln Pr. Episcopus Sarum Pr. Episcopus Meneven Pr. Episcopus Rofsen Pr. Episcopus Bathon Wellen. Pr. Episcopus Coven Lichfeild Pr. Episcopus Exon. Pr. Episcopus Norwicen Pr. Episcopus Petriburgen Episcopus Carliolen Pr. Episcopus Cestren Pr. Episcopus Assaven Pr. Episcopus Gloucestren Nota That this is the very express manner and form by which the presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is set down and marked out upon this present Friday being the first day of this her Highnesses Second Session of her Parliament and at the beginning of every Lords name that was present are the Letters Pr. prefixed by which it appeareth and may certainly be concluded that all they before whose names those Letters are not set down and entred were then absent which hath been the constant course
Chief Justice of the Common-Pleas Sir Edward Saunders Knight Lord Chief Baron Richard Weston one of the Justices of Welsh one of the Justices of D r Lewis D r Yale and D r Vaughan Triers of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Arundel the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton the Lord Admiral of England the Lord Cobham the Lord Wentworth and the Lord North. Triers of Petitions for Gascoigne and for other parts beyond the Seas and the Isles The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Leicester the Bishop of Winchester the Bishop of Worcester the Bishop of Lincoln the Lord Howard of Esfingham Chamberlain of the Queen the Lord Windsor the Lord Hastings of Loughborough and the Lord Carie of Hùnsdon Hodiè retornatum breve quo Edwardus Comes Oxon. praesenti huic Parliamento summonitus fuit qui admissus fuit ad suum in sedendo praeheminentiae locum salvo cuique jure suo The like Writs returned for Henry Earl of Pembroke and William Lord Sands Hodiè retornatum fuit breve quo Richardus Episcopus Carliolen praesenti buic Parliamento summonebatur qui admissus fuit ad suum in sedendo praeheminentiae locum salvo jure alieno On Wednesday the 4 th day of April in the Afternoon but at or about what hour appeareth not although it may probably be guessed that it was about three of the Clock her Majesty with divers Lords Spiritual and Temporal Assembled in the Upper House whose names are marked to have been present this day in the Original Journal-Book of the Upper House being as followeth Regina Archiepiscopus Cantuarien Episcopus London Episcopus Dunelmen Episcopus Winton Episcopus Hereforden Episcopus Wigorn. Episcopus Lincolnien Episcopus Sarisburien Episcopus Meneven Episcopus Roffen Episcopus Norwicen Episcopus Carliolen Episcopus Cestren Episcopus Assaven Episcopus Glocestren Episcopus Bangoren Episcopus Landaven Nicolaus Bacon Miles Dominus Custos Magni Sigilli Marchio Northampton Comes Arundell Comes Oxon. Comes Wigorn. Comes Sussex Comes Southampton Comes Bedford Comes Pembroke Comes Leicester Vice-Comes Hereford Vice-Comes Mountague Which are all the Lords Spiritual and Temporal sitting on the two Upper Forms noted to be present this day Nota That the Spiritual Lords are always thus placed in the Original Journal-Book of the Upper House on the dexter side not in respect of their precedency but as it should seem because the Archbishop of Canterbury the chief of them is the first Peer of England and so the residue of the Clergy are placed next after him in respect of their Ecclesiastical Dignities The next that follow are the Barons who are placed in the said Journal-Book in respect of their several places and precedencies as followeth Barones Dominus Clinton Admirallus Angliae Dominus Howard Camerarius Dominus Burgavenny Dominus Strainge Dominus Dacres de Souch Dominus Cobham Dominus Stafford Dominus Gray de Wilton Dominus Dudley Dominus Lumley Dominus Darcie Dominus Mountegle Dominus Vauxes Dominus Windesor Dominus Wentworth Dominus Burgh Dominus Crumwell Dominus Evers Dominus Wharton Dominus Rich. Dominus Willoughby Dominus Paget Dominus Darcie de Chich. Dominus North. Dominus Shandois Dominus Haistings de Loughborough Dominus Hunsdon Dominus S t John de Bletsoe Dominus Buckhurst Dominus De la Ware Her Majesty and the Lords being thus set the Knights Citizens and Burgesses of the House of Commons had notice thereof and thereupon repaired to the Upper House with Christopher Wray Serjeant at Law their lately Elected Speaker whose presentation to her Majesty and allowance by her being not mentioned in the Original Journal-Book of the said House are therefore wholly transcribed out of that before-cited Anonymous Journal more particularly mentioned at the beginning of this present Journal the same also in effect being contained in the Original Journal-Book of the House of Commons fol. 10. a. The said Speaker being led up to the Rail or Bar at the lower end of the Upper House by two of the most Honourable Personages of the House of Commons did there after three Reverences made humbly beseech her Majesty according to the usual course that albeit he could not obtain of the Commons who had Elected him to be their Speaker for such causes as he had alledged to be disbunthened of that place that so some other more fit and able might be chosen that yet her Highness would vouchsafe to have consideration of the greatness of the Service and therefore to require them eftsoons to return to the House and to make a new Choice To which his Petition the Lord Keeper by her Majesties Commandment Answered and said That as well for that her Highness had understood of him as for that the Commons had chosen him his Request could not be granted Whereupon the said Speaker being allowed he desired to be heard to say somewhat concerning the orderly Government of a Common-Weal which to be duly done he said there were three things requisite Religion Authority and Laws By Religion he said we do not only know God aright but also how to Obey the King or Queen whom God shall assign to Reign over us and that not in Temporal Causes but in Spiritual or Ecclesiastical in which wholly her Majesties Power is absolute And leaving all proofs of Divinity to the Bishops and Fathers as he said he would he prov'd the same by the practice of Princes within this Realm and first made remembrance of Lucius the first Christian King who having written to Elut herius the Pope 1300. Years past for the Roman Laws he was Answered that he had the Holy Scriptures out of the which he might draw to himself and for his Subjects Laws by his own good discretion for that he was the Vicar of Christ over the People of Brittain The Conqueror he said in the Erection of Battell-Abby granted that the Church should be free from all Episcopal Jurisdiction Henry the Third gave to Ranulph Bishop of London the Archbishoprick of Canterbury by these words Rex c. Sciatis quod dedimus Dilect nostro Ranulpho Archiepiscop Cantuarien quem instituimus Anulo Baculo The Ring he said was the sign of perfection The Staff the sign of Pastoral Rule which he could not do if these Kings had not had and used the Ecclesiastical Powers In the Reports of the Law we find that an Excommunication of a certain person came from the Pope under his Leaden Bull and was shewed in abatement of an Action brought at the Common Law which besides that it was of no force the King and Judges were of Mind that he who brought it had deserved Death so to presume on any Foreign Authority which Authority being now by Gods Grace and her Highness means abolished and the freedom of Consciences and the truth
without a Head thus do therefore it resteth that you according to your antient Order of your selves chuse some wise and discreet man who after he hath been by you chosen and presented and that presentation by the Queens Majesty allowed shall then be your Speaker and Day is given c. This Speech being thus transcribed out of the Copy I had of it as is aforesaid now follow the names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the Upper House which the Clerk of the same readeth in French as soon as the Lord Keepers Speech is ended and which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir Robert Catlin Knight Chief Justice of the Kings-Bench Sir William Cordell Knight Master of the Rolls Sir John Widdon Knight one of the Justices of the ----- Sir Richard Read K t one of the Justices of the ----- and D r Huick and they that will deliver Petitions are to deliver the same within six dayes next ensuing Receivors of Petitions for Gascoigne and other Lands beyond the Seas and the Isles Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Sanders Knight Lord Chief Baron Richard Weston one of the Justices of the ----- John Southcott one of the Justices of the ----- Doctor Lewis Doctor Yale and Doctor Vaughan and they that will deliver Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Oxford the Earl of Sussex the Earl of Huntington the Earl of Bedford the Bishop of London the Bishop of Winchester the Bishop of Ely the Lord Howard of Effingham Lord Chamberlain of the Queens House the Lord Windsor and the Lord North. All these or four of them calling unto them the Lord Keeper of the Great Seal and the Treasurer and the Queens Serjeants when need shall require shall hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Islands beyond the Seas The Archbishop of York the Earl of Lincoln Lord Admiral of England the Earl of Leicester the Earl of Essex the Bishop of Worcester the Bishop of Lincoln the Bishop of Rochester the Lord Burleigh Principal Secretary the Lord Wentworth the Lord Buckhurst All they or four of them calling to them the Queens Serjeants Attorney and Sollicitor when need shall require shall hold their place in the Treasurer's Chamber Hodiè retornatum est breve Dom. Reginae quo Henricus Compton de Compton Chevalier praesenti Parliamento interesse summonitus est qui praesens admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo cuique jure suo And two other Writs were returned in like manner by which Henry Cheyney of Toddington and Henry Lord Norris of Ricott were Summoned to be present this Parliament who were accordingly admitted to their due places saving to all others their right Nota That there is no entrance in the Original Journal-Book of the Upper House of any Continuance or Adjournment of the Parliament by the Lord Keeper which doubtless happened through the great negligence of Anthony Mason Esq at this time Clerk of the said House There were also divers Proxies returned on this present Thursday being the 8 th day of May but whether before or after the Continuance of the Parliament appeareth not in which two Spiritual Lords Constituted each of them two Proctors apiece according to the usual and frequent manner and are therefore omitted but four other Bishops nominating either three Proctors apiece or but one which is somewhat extraordinary therefore they are here inserted Die 8 o Maij introductae sunt literae Procuratoriae Hugonis Episcopi Landaven in quibus Procuratores suos constituit Nicolaum Wigorn. Richardum Meneven Nicolaum Bangoren Episcopos Eodem die introductae sunt literae Procuratoriae Jacobi Dunelmensis Episcopi in quibus Procuratorem suum constituit Edmundum Archiepiscopum Ebor. Eodem die introductae sunt literae Procuratoriae Johannis Herefordensis Episcopi in quibus Procuratores suos constituit Matthaeum Cantuariensem Archiepiscopum Edwin London Nicolaum Wigorn. Episcopos Eodem die introductae sunt literae Procuratoriae Thomae Assavensis Episcopi in quibus Procuratores suos constituit Robertum Wintonien Nicolaum Wigorn. ac Nicolaum Bangoren Episcopos Now although it be most usual for the Spiritual Lords to name two Proctors yet here four of six varied from it three of them exceeding that number and the other nominating but one It is likewise as usual for the Temporal Lords to Constitute but one Proctor and it is an Action worthy observation where they nominate more for in this very Parliament of fifteen Temporal Lords that sent Proxies but one nominated two Proctors which see afterwards on Monday the 12 th day of this instant May following and all the rest Constituted but one Proctor apiece which being trivial and ordinary are omitted Nota Also that the Earl of Leicester had this Parliament eight Proxies sent unto him viz. from George Earl of Shrewsbury Edward Earl of Darby Henry Lord Scroop Edward Lord Dudley Anthony Viscount Mountacute Gregory Lord Dacres William Lord Sands and Edward Earl of Lincoln all which seem to have been returned on Monday the 12 th day of this instant May in such order as they are here set down Nota That the Lord Burleigh also Principal Secretary to her Majesty had six Proxies sent unto him this Parliament viz. from John Marquess of Winchester Henry Lord Hunsdon Thomas Lord Buckhurst John Lord Latimer Edward Earl of Lincoln who made also the Earl of Leicester his joint Proctor with him and Robert Lord Rich. These also are set down in the Journal-Book to have been returned the 12 th day of May in such order as they are here set down but now by a late Order made in the Upper House an 2 do Caroli Regis no Lord is capable of above two Proxies Nota That in the Original Journal-Book of the Upper House it doth not appear at all whether her Majesty or any of the Lords were present on Saturday following being the tenth day of this instant May it appearing plainly that neither House sate on Friday the 9 th day of the same nor what was done thereon and therefore the Passages of the same are supplied out of the Original Journal-Book of the House of Commons On Saturday the 10 th day of May in the Afternoon her Majesty being come to the Upper House with divers of the Lords Spiritual and Temporal being there also set and the Knights Citizens Burgesses and Barons of the House of Commons having notice repaired thither with Robert Bell of the Middle-Temple London Esq their Speaker Elect who was led up unto the Rail or Bar at the lower end of the said Upper House by two of the most Eminent Personages of the Commons and presented to her Majesty whom she allowed and Confirmed
Petition by her Commandment and direction it was sent unto the Lords into the Upper House by Sir Robert Cecill then her Majesties Secretary and endorsed on the back side thus in his own hand Her Majesty hath commanded me to signifie unto your Lordships that upon the humble Suit of the Lord de la Ware she is pleased this Petition be considered and determined in the House Robert Cecill Which Petition being this 5 th day of November sent unto the House was there read as followeth To the Queens most Excellent Majesty BEseecheth your most Excellent Majesty your most humble Subject Thomas le Ware K r That whereas Thomas sometimes Lord Le Ware Ancestor and great Grandfather of your said Subject whose Heir Male he is That is to say your Subject is Son and Heir to William who was Son and Heir to George who was Brother and Heir to Thomas who was Son and Heir to the said Thomas your Subject's great Grandfather in the third year of the Reign of King Henry the Eighth your Noble Father by Writ of Summons of Parliament of the said King Henry the Eighth came to the Parliament then holden at Westminster in the said third year and so continually the said Thomas the great Grandfather and his Heirs Males Ancestors of your Suppliant in many other Parliaments holden as well in the time of the said King Henry the Eighth as in the time of your Noble Brother King Edward the Sixth and in the time of your Dear Sister Queen Mary have come in their proper persons by their Writs and Commandment until the Parliament holden at Westminster in the first and second years of King Philip and Queen Mary which was after the Death of the said Thomas your Suppliants great Grandfather and of Thomas his Son that had not any Issue of his Body and of the said George who died in the Life of his Brother Thomas the said William Father of your Suppliant being the Son and Heir of the said George and Heir Male to his said great Grandfather to which Parliament he was not summoned for that he stood by Act of Parliament holden before at Westminster in the third year of the said Edward the Sixth disabled to claim and enjoy the dignity of the Seigniory of the Lord La Ware during his Life and the said William being now dead your said Suppliant is come to this present Parliament in his proper person by your Writ and Commandment May it please your most gracious Majesty to consider the Premisles and thereupon to Grant and Ordain by advice of your most wise Council in this present Parliament Assembled That your said Suppliant may have his place in this present Parliament in your presence as his Ancestors Lords La Ware have had in the said Parliament before this time This Petition being read it was referr'd to these Committees following viz. The Lord Treasurer the Earl of Nottingham Lord Admiral the Earl of Shrewsbury the Lord Bishop of London the Lord Bishop of Winton the Lord Zouch the Lord Stafford the Lord Windsor the Lord Shefsield the Lord North the Lord S t John of Bletso the Lord Buckhurst Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas Sir William Perriam Lord Chief Baron and Edward Coke the Queens Attorney who were appointed to meet at the Council-Chamber in Whitehall on Sunday the 6 th day of November at two of the Clock in the Afternoon Where what they did and what Judgment the Lords and the whole House gave in this Case followeth afterwards on Thursday the 10 th of this instant November and on Monday the 14 th day of the same On Monday the 7 th day of November to which day the Parliament had been last continued the Bill for the speedy satisfaction of her Majesty against Accomptants was read secundâ vice and committed unto the Lord Archbishop of Canterbury the Lord Treasurer the Lord Admiral the Earl of Northumberland the Earl of Shrewsbury and the Earl of Worcester the Bishop of London the Bishop of Winchester and the Bishop of Norwich the Lord Zouch the Lord North and the Lord Buckhurst the Lord Chief Justice of England M r Baron Evans and M r Attorney General to attend the Lords appointed to meet at the Little Council-Chamber at Whitehall to Morrow being the 8 th day of November at four of the Clock in the Afternoon See more of this on Monday the 14 th of November following Nota That here upon the Commitment of an ordinary Bill the Judges are said to be appointed to attend the Committee of the Lords and are not nominated as Joint-Committees with them which is usually to be seen in every former Parliament almost of her Majesties Reign and therefore it should seem that either the Lords of the Upper House themselves did alter and abolish the said ancient Priviledges which the Judges had of being constituted Joint-Committees with them in respect that they were no Members of but only Assistants unto the said Upper House or else that Thomas Smith Esquire now Clerk of the said House was more careful and diligent in the distinct and exact setting down that the said Judges were not nominated as Joint-Committees but only to attend such Lords Committees as were appointed by the said House which Anthony Mason Esquire his Predecessor in the said place had for the most part neglected to distinguish And yet the said M r Mason may in some sort be justly excused of any universal or continual carelessness in this kind in respect that where the Lords Committees were appointed either to treat with the Committees of the House of Commons or by themselves about any matter of weight there the Judges and her Majesties Learned Councel are always set down as appointed to attend the said Lords Committees But when an ordinary Bill only was committed upon the second reading and especially if it concerned matter of Law there the Judges for the most part and sometimes also the Queens Learned Councel were nominated as Joint-Committees with them But whatsoever the usage hath been in former times most certain it is that not only in this present Parliament but in all that have been since unto this present year 1629. the said Judges being Assistants unto and the King 's Learned Councel being Attendants upon the said Upper House have never been nominated as Joint-Committees with their Lordships but have always been appointed to attend them And which may make it seem the more strange Whereas the Judges have liberty in the said Upper House it self upon leave given them by the Lord Keeper or the Lord Chancellor for the time being to cover their heads at a Committee they are now always accustomed to sit bare and uncovered which said course finally was constantly observed during all the continuance of this present Parliament as may appear not only by the instance foregoing but by those many other Committees which followed on Thursday the 24 th day of this instant November on
which is usual in other continuations of it But the reason why they met not till the Afternoon seemeth to be because then the Queens Majesty her self came thither to whom Richard Onslow Esq her Majesties Sollicitor having been Chosen Speaker for the House of Commons the day past was presented and admitted by her in manner and form as followeth About three of the Clock in the Afternoon this present Wednesday the second day of October the Queens Majesty took her Barge and Landed on the back-side of the Parliament-Chamber and so the Earl of Northumberland bearing the Sword the Lady Strainge her Trayn with the Lords in their daily Apparel and the Heralds attending on her she proceeded up into the Privy-Chamber to prepare her self during which time the Lords and Justices put on their Parliament Robes and took their places in manner and form following In which it is to be noted that no part of this days passages already set down is found in the Original Journal-Book of the Upper House but is either transcribed out of a certain Anonymous memorial I had by me in which the presentment of the Speaker this day is somewhat exactly set down or was supplied by my self upon the comparing of several things together Now follow the Names of the Lords and others as aforesaid First on the Form on the North-side together with the Upper Form at the nether end sate the Bishops as followeth Younge Archbishop of York Grindall Bishop of London Pilkington Bishop of Durham Sands Bishop of Winchester Birkley Bishop of Bath and Wells Bett. Bishop of Carlisle Barlow Bishop of Chichester Alleo Bishop of Exeter Gest. Bishop of Rochester Skamler Bishop of Peterburgh Horne Bishop of Worcester Bullingham Bishop of Lincoln Bentam Bishop of Coventry and Lichfield Denham Bishop of Chester Scorie Bishop of Hereford Davies Bishop of S t Davids Parkhurst Bishop of Norwich Cheyney Bishop of Gloucester Nota That these names with those that follow being transcribed in a different manner from all others in the residue of the Journals of the Queens time were so found with the Names of the Lords Spiritual and Temporal added to them in that before-mentioned Anonymous memorial of this present Wednesdays passages being the second day of October and were therefore transcribed out of it as is aforesaid rather than out of the Original Journal-Book of the Upper House although the Series of them that were present set down there did serve well to rectifie those foregoing and these also that next ensue At the foremost Form on the South-side sate these Peers viz. William Paulet Marquess of Winchester Lord Treasurer Thomas Howard Duke of Norfolk Earl Marshall of England William Parre Marquess of Northampton Thomas Peircie Earl of Northumberland Charles Nevill Earl of Westmorland George Talbot Earl of Shrewsbury William Sommerset alias Plantagenet Earl of Worcester Thomas Ratcliff Earl of Sussex Henry Haistings Earl of Huntingdon Edward Seymor Earl of Hartford Robert Sutton alias Dudley Earl of Leicester and Master of the Horse Anthony Brown Viscount Mountague Nota That Edward de Vere Earl of Oxford Lord Great Chamberlain of England Edward Mannors Earl of Rutland William Bowrchier Earl of Bath and Henry Wriotheisly Earl of South-hampton were at this time under Age and in Ward to the Queen and therefore they were not admitted to take their places in the Uppermost House but if they were present did either stand besides the upper part of the Rail at the higher end of the said House or were admitted to kneel at the upper end of the same House near the Chair of State at this time and upon like solemn days for no Peer is admitted to have his free Voice or sit as a Member of that Great Council untill he have accomplished his full Age unless by the special Grace of the Prince At the Form at their back and the nether Form at the nether end sate these Peers Fynes Lord Clinton as Lord Admiral sate first amongst the Barons Howard Lord Effingham as Lord Chamberlain of her Majesties Houshold sate second Nevill Lord of Burgaveny sate in his due place of preheminence and so the rest that follow unless such as were misplaced by the Clerks error which is too frequent Zouch Lord Zouch Standley Lord Strange Birkley Lord Birkley Parker Lord Morley Brooke Lord Cobham Stafford Lord Stafford Gray Lord Gray of Wilton Sutton Lord Dudley Lumley Lord Lumley Blunt Lord Mountjoy Darcy Lord Darcy of Mevill Standley Lord Mounteagle Sands Lord Sands Vaux Lord Vaux Windsor Lord Windsor Wentworth Lord Wentworth Burrough Lord Borough Mordant Lord Mordant Cromwell Lord Cromwell Evers Lord Evers Willoughby Lord Willoughby Sheffeild Lord Sheffeild Paget Lord Paget Darcy de Chiche Dominus Darcy North Lord North of Carthelige Bridges Lord Shandois Haistings Lord Haistings of Loughborough Carey Lord Carey of Hunsdon S t John Lord S t John of Bletsoe Nota That Dutchet Lord Audley and the Lord Dacres of the North were under Age. All which Peers abovesaid had their Mantles Hood and Circots furred with Miniver their Arms put on the right side and the Duke of Norfolk had Bars of Miniver the Marquess of Winchester and Northampton had three Bars of Miniver the Earls likewise the Viscounts two and the Barons two Item On the upper Sack of Wooll sate the Lord Keeper till the Queen came and then went to his place at the Rail On the Woolsack on the Northside sate Sir Robert Catlin and Sir James Dyer the Queens two Chief Justices M r Corbet Weston and Southcote Justices of both Benches on the Woolsack on the Southside sate Sir William Cecill the Queens Principal Secretary Sir William Cordall Master of the Rolls Sir Thomas Sanders Chief Baron Baron Whiddon ..... Carus the Queens Serjeant ..... Gerrard the Queens Attorney and on the nether Sack sate M r Vaughan and Yale Masters of the Chancery M r Spilman Clerk of the Parliament M r Martin Clerk of the Crown and M r Peile his Joint Patentee And behind them kneeled Smith Clerk of the Council and Jones Clerk of the Signet Permiter and Dister Then the Queens Majesty being Apparelled in her Parliament Robes with a Caul on her Head came forth and took her Seat the Marquess of Northampton carrying the Cap of Maintenance and after stood on her right hand the Duke of Norfolk carrying his Marshals Rod and on her left hand the Earl of Northumberland with the Sword the Heralds also and Serjeants at Arms being before her her Majesties Mantle was born up on either side from her Shoulders by the Lord Chamberlain and the Lord of Hunsdon who also stood still by her for the assisting thereof when she stood up her Train was born by the Lady Strange assisted by Sir Francis Knolles Vice-Chamberlain at the left hand of the Queen and on the South-side kneeled the Ladies and at the Rail at the Queens back on the right hand stood the Lord Keeper and on the left hand the Lord Treasurer Then the Queen
Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Lunae prox October the 27 th Sunday On Monday the 28. day of October Sir Robert Catlyn Knight Lord Chief Justice of the Kings Bench supplying the place of the Lord Keeper at this time sick of the Gout as is before-mentioned with divers other Lords Spiritual and Temporal met in the Upper House but nothing appeareth to have been done in the Original Journal of the same House only the continuance of the Parliament unto Wednesday next following On Wednesday the 30. day of October Two Bills of no great moment had each of them one reading of which the second being the Bill declaring the manner of making and Consecrating of Archbishops and Bishops of this Realm to be good lawful and perfect was read secundâ vice The Lords whose names are here next after written were appointed to have Conference with a setled number of the House of Commons touching Petition to be made to the Queens Highness as well for the Succession as for her Marriage viz. The Archbishop of York The Lord Treasurer The Duke of Norfolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmorland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Durham The Bishop of Winchester The Bishop of Worcester The Bishop of Lincoln The Bishop of Rochester The Bishop of Coventry and Lichfield The Lord Admiral The Lord Chamberlain The Lord Morley The Lord Cobham The Lord Grey The Lord Wentworth The Lord Windsor The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough The Lord Hunsdon It should seem that the Lords had intended at first to have appointed but thirty of themselves to have joined with the House of Commons about the foresaid Treaty or Conference to be had between them touching the said great matters of Succession and Marriage however it fell out afterwards as appeareth by the names above set down that they appointed more for it appeareth plainly by the Original Journal-Book of the House of Commons although there be no mention at all of it in that of the Upper House that the Lords did this day send down word unto the House of Commons by M r Serjeant Carus and M r Attorney that they had Chosen thirty of themselves to consult and confer with a Select Committee of the said House touching the foresaid great business touching which see more on Tuesday the 5 th day of November following Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 31 th day of October the Bill for declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect Commissa est to the Chief Justice of the Common-Pleas Justice Southcote and Attorney General The Bill for annexing of Hexamshire to the County of Northumberland was read secundâ vice The House of Commons appointed Sir Edward Rogers Knight Comptroller of her Highness Houshold Sir Francis Knolles her Majesties Vice-Chamberlian Sir William Cecill her Highness Chief Secretary Sir Ambrose Cave Knight Chancellor of her Dutchy of Lancaster Sir William Peeter Sir Ralph Sadler Sir Walter Mildmay Knights all of her Highness Privy-Council and divers other Members of the House of Commons to have Conference with the Lords aforenamed whose names see on yesterday foregoing touching those two great matters of the Succession and Marriage to be dealt in by Petition to her Majesty As see more at large upon to Morrow ensuing in the Afternoon Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Martis 5 die Novembris prox On Tuesday the 5 th day of November the Bill for the annexing of Hexamshire unto the County of Northumberland and the Ecclesiastical Jurisdiction of the same unto the See of the Bishoprick of Durham was read tertiâ vice communi omnium Procerum assensu conclusa The Nobles under-named were appointed to wait on the Queens Highness this Afternoon with thirty of the House of Commons by her Highness special Commandment The Archbishop of York The Lord Treasurer The Duke of Norsolk The Marquess of Northampton The Earl of Northumberland The Earl of Westmerland The Earl of Shrewsbury The Earl of Worcester The Earl of Huntingdon The Earl of Sussex The Earl of Warwick The Earl of Bedford The Earl of Pembroke The Earl of Leicester Viscount Mountague Viscount Bindon The Bishop of London The Bishop of Duresm The Lord Clinton Lord Admiral The Lord Howard of Effingham Lord Chamberlain The Lord Morley The Lord Lumley The Lord Rich. The Lord Sheffeild The Lord Paget The Lord North. The Lord Haistings of Loughborough and The Lord Hunsdon Dominus Capitalis Justiciarius continuavit praesens Parliament usque in diem Crastinum hora consueta But there is no mention at all in the Original Journal-Book of the Upper House to what end or purpose the Lords above-mentioned with those thirty Members of the House of Commons repaired to her Majesty which doubtless fell out by the great negligence in a matter of so great weight of Francis Spilman Esq Clerk of the Upper House and therefore I have thought fitting and necessary to supply it at large partly out of the Original Journal-Book of the House of Commons and partly out of other several Manuscript Memorials I had by me all which in their proper place I have particularly vouched It is therefore in the first place to be noted as fit matter of preparation to that which follows that these two great matters touching her Majesties Marriage and the Declaration of a certain Successor were agitated in the House of Commons in the first Session of this present Parliament in An. 5 Regin Eliz. and thereupon the greatest part of the said House with Thomas Williams their Speaker did prefer a Petition to her Majesty upon Thursday the 28 th day of January in the said fifth Year of her Majesties Reign by her Allowance in which having humbly supplicated her Majesty to Marry or in default of Issue of her own Body to declare a certain Successor they received a gracious Answer But now the same Parliament reassembling again to this second Session thereof in the eighth year of the Reign of the Queen and finding nothing to have been acted by her Majesty in either kind but that she remained still a Virgin without all likelyhood of Marriage and that the Succession of the Crown depended upon great uncertainties some holding the Queen of Scots to have best Right others the Countess of Lenox being the Daughter of Margaret of England by Archibald Douglass Earl of Anguisse her Second Husband and others also argued very strongly for Catherine Countess of Hartford being the Daughter and Coheir of Henry
their several places the Knights Citizens and Burgesses of the House of Commons had notice thereof who thereupon repairing thither as many as conveniently could were let in and standing all together at the Rail or Bar at the lower end of the Upper House Sir Thomas Bromley Knight Lord Chancellor by the Queen Commandment declared unto them the Causes of the Assembling of this Parliament But what those Causes were neither the Original Journal-Book of the Upper House nor that of the House of Commons do at all mention in setting down the other daily Passages of this Parliament de Anno isto 27 Reginae Eliz. But in respect they are set down the above-mentioned Catalogue of Honour imprinted at London An. Domini 1610. pag. 〈◊〉 and that it is most probable that were there inserted out of the Collections or Memorial of some Member of the House of Commons at this Parliament therefore I have thought good to supply it verbatim as it is there set down The said Lord Chancellor declared unto them in her Majesties name that this Assembly of Parliament was for three causes called viz. For the glory of Almighty God and the furthering of Religion for the health and preservation of her Royal Majesty and the welfare of the Common-Weal Which after that he had a loud and most eloquently at large declared turning his Speech unto the Knights and Burgesses standing on a heap together below he willed them to make choice of their Prolocutor and to give notice of him so Chosen unto the Lords of the Privy-Council from whom they should expect what the Queens Pleasure and Answer was concerning him so Chosen to be afterward presented The substance of this Speech being so shortly set down in the said Catalogue of Honour I thought good to transcribe although it were imprinted because it doth much augment and perfect this present Journal of the Upper House The residue whereof doth next in order follow out of the Original Journal-Book of the same House there being only added now and then as the occasion offered it self some Observations and Animadversions upon it Nota Also that no names of any of the Lords Spiritual or Temporal are noted to have been present this day which happened through the negligence of the Clerk of the Parliament but it may be conjectured who they were by the names of such whose presence is noted on Thursday next following being the 26 th day of this instant November on which said day the presence of such Lords as attended this Parliament is first marked Then follow the names of the Receivors and Triors of Petitions which is the more remarkable at this time because it is said that the Clerk of the Parliament did read them by the Lord Chancellors Commandment whereas it should seem at other times and which is agreeable also to the course at this day he doth presently stand up of himself as soon as the Lord Chancellors or Lord Keepers Speech is ended and reads the said Receivors and Triors names yet the entrance aforesaid is at this time set down in the said Journal-Book in manner and form following Tunc having before-mentioned the Lord Chancellors Speech Parliamenti Clericus ex mandato Cancellarn omnibus Petitionibus exhiberi volentibus Receptorum Examinatorum nomina formâ subsequenti recitavit Then follows all in French of which the names were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Lord Chief Justice of England Sir Gilbert Gerrard Master of the Rolls Sir Thomas Gawel Knight one of the Justices of the Kings-Bench Doctor Clarke and Doctor Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Lord Chief Baron Francis Windam one of the Justices of ..... Doctor Awbery and Doctor Barkley Such as will deliver Petitions must so do within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Leicester Lord High Steward of England the Earl of Darby the Earl of Rutland the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Effingham Chamberlain of the Queens House the Lord Gray of Wilton the Lord North. All these or any four of them calling unto them the Lord Keeper of the Great Seal the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place in the Chamberlains Chamber Triors of Petitions for Gascoigne and the Countries beyond the Seas and the Isles The Archbishop of York the Earl of Oxford Great Chamberlain of England the Earl of Warwick the Earl of Pembroke the Bishop of Norwich the Bishop of Chester the Bishop of Rochester the Lord Cobham the Lord Lumley and the Lord Buckhurst All these or four of them calling to them the Queens Serjeants and the Queens Attorney and Sollicitor to hold their place when their leisure did serve to meet in the Treasurers Chamber Breve returnatum which was returned this Morning quo Johannes Episcopus Gloucestren praesenti Parliamento interesse summonitus fuit qui admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Tuesday the 24 th day of November the Lords met in the Upper House but nothing was done saving the continuance of the Parliament by the Lord Chancellor until nine of the Clock the next Morning On Wednesday the 25 th day of November there was a like meeting of the Lords but nothing done saving the continuance of the Parliament by the Lord Chancellor unto two of the Clock in the Afternoon the day following But no presence of the Lords is noted on this day in the Original Journal-Book On Thursday the 26 th day of November the Commons having chosen their Speaker who upon his Presentment to the Queen was this day to be allowed of in the said place her Majesty Accompanied with divers of the Nobility came into the Upper House about three of the Clock in the Afternoon whose name and the names of such Lords Spiritual and Temporal as are marked in the Original Journal-Book of this Parliament to have been present this day do here ensue Regina Archiepiscopus Cantuar. Dominus Thomas Bromley Miles Cancellarius Archiepiscopus Eboracen Dominus Barleigh Dominus Thesaurarius Angliae Marchio Winton Comites Comes Oxon. Magnus Camerarius Comes Arundell Comes Kantiae Comes Darbiae Comes Wigorn. Comes Rutland Comes Cumberland Comes Sussex Comes Bathon Comes Pembrooke Comes Hartford Vice-Comes Mountague Vice-Comes Bindon Episcopi Episcopus London Episcopus Winton Episcopus Meneven Episcopus Sarisburien Episcopus Petriburgen Episcopus Norwicen Episcopus Roffen Episcopus Cestren Barones Dominus Howard Camerar Dominus Zouch Dominus Willoughbie Dominus Dacres Dominus Cobham Dominus Grey de Wilton Dominus Lumley Dominus Stourton Dominus Mountjoy
Stourton Dominus Darcie Dominus Sandes Dominus Windsor Dominus Wentworth Dominus Borough Dominus Cromwell Dominus Evers Dominus Rich. Dominus Willoughby de Parham Dominus Darcie de Chiche Dominus Shandois Dominus S t John Dominus Buckhurst Dominus Delaware Dominus Compton Dominus Cheney Dominus Norris The Lords being all set in this Order in their Parliament-Robes and the Judges placed with other Attendants and Assistants of the Upper House being also before the said Lords Commissioners had taken their places on the right side of the Chair of State the Lord Chancellor shewed forth the Queens Majesties Letters Patents by which She committed full Power to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer of England and the Earl of Darby to supply her place in the said Parliament which were as followeth viz. Hodie cùm omnes Proceres Robis Parliamentaribus induti in suo Loco quisque sederent Milites Cives Burgenses qui ad hoc praesens Parliamentum summoniti fuerunt praesso essent jam universt tam Proceres quà m Communes Reginae adventum expectarent Thomas Bromley Miles Dominus Cancellarius exponit omnibus Regiam Majestatem maximis urgentissimis causis adeò esse impeditam ut non queat impraesentiarum commodè interesse ut decreverat Nihilominus inquit sua Majestas Literis suis Patentibus plenam potestatem commisit Reverendissimo in Christo Patri Johanni Cantuar. Archiepiscopo totius Angliae Primati Metropolitano ac praedilecto fideli suo Willielmo Domino de Burleigh Domino Thesaurario Angliae ac charissimo Consanguineo suo Henrico Comiti Darbiae ad facienda nomine suo omnia singula quae in dicto Parliamento gerenda essent ut per easdem Liter as Patentes 〈◊〉 apparet quas hiis dictis Dominus Cancellarius Clerico Parliamentar publicè legendas tradidit Earum autem tenor sequitur in haec verba ELizabetha Dei graetiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Omnibus ad quos praesentes Literae pervenerint Salutem Sciatis quòd cùm de advisamento Concilii nostri pro quibusdam arduis urgentibus negotiis nos statum defensionem Regni nostri Angliae ae Ecclesiae Anglicanae concernen quoddam Parliamentum nostrum apud Civitatem nostram Westmonaster 29 o die instant mensis Octobris teneri ordinavimus quia verò propter certas causas ad Parliamentum praedictum non potuerimus interesse nos de circumspectione sideliate industria Reverendissimi in Christo Patris Johannis Cantuar. Archiepiscopi totius Angliae Primat Metropolitan ac praedilecti fidelis nostri Willielmi Domini de Burleigh Domini Thesaurarii Angliae ac charissimi Consanguinei nostri Henrici Comitis Darbiae plenam fiduciam reportand eisdem Archiepiscopo Willielmo Domino de Burleigh Henrico Comiti Darbiae duobus eorum ad Parliamentum praedictum nomine meo inchoand tenend negotiáque praedict exponend declarand ac exponi declarari faciend necnon in negotiis illis Parliamento praedicto ac omnibus sin gulis in eo procedend ad faciend omnia singula quae pro nobis per nos pro bono regimine gubernatione praedicti Regni nostri Angliae ac aliorum Dominiorum nostrorum eidem Regno nostro pertinen ibid. fuerint faciend necnon ad Parliamentum illud si necesse fuerit continuand adjournand prorogand de assensu Concilii nostri praedicti plenam tenore praesentium committimus prtestatem Dante 's ulteriùs de assensu ejusdem Concilii nostri tam universis singulis Archiepiscopis Episcopis Comitibus Vicecomitibus Baronibus Militibus quà m omnibus aliis quorum interest ad Parliamentum nostrum praedictum conventur similit tenore praesentium firmiter in Mandatis Quòd eisdem Archiepiscopo Willielmo Domino Burleigh Henrico Comiti Darbiae duobus eorum intendant in praemissis in fornia praedicta In cujus rei testimonium has Literas nostras sieri fecimus Patentes Teste meipsa apud Westmonasterium vicesimo octavo die Octobris Anno Regni nostri vicesimo octavo Per ipsam Reginam c. The Letters Patents foregoing being read the said three Lords Commissioners leaving their own places went to a Seat prepared for them on the right side of the Chair of State beneath the steps Then the said Lord Chancellor going first to the said Lords and conferring a while with them went to his accustomed place and there made intimation of the Cause of this present Summons of Parliament which as he said were no usual Causes not for making of Laws whereof her Majesty thought there were more made than were duly executed nor for Fifteenths and Subsidies although there were some cause yet her Majesty would not charge her loving Subjects so far at this time But that the cause was rare and extraordinary of great weight great peril and dangerous consequence Then he declared what dangerous practices had been contrived of late and how miraculously the Providence of God had by discovery thereof beyond all humane Policy preserved her Majesty the destruction of whose Sacred Person was most traiterously compassed and imagined Here he shewed what misery the loss of so Noble a Queen would have brought to all Estates and said That although some of them had suffered according to their demerits yet one remained that by due course of Law had received her Sentence which was the chief cause of this Assembly and wherein her Majesty required their faithful advice and therefore said he you may orderly proceed therein And you of the House of Commons are to make present choice of some one amongst you to be your Speaker and to present him unto the Lords Lieutenants as soon as conveniently you may Assoon as the Lord Chancellor had ended his Speech the Clerk of the Parliament stood up and read the Names of the Receivors and Tryors of Petitions in French which were as followeth Receivors of Petitions for England Ireland France and Scotland Sir Christopher Wray Knight Lord Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Thomas Gawdy Knight one of the Justices of ..... Doctor Awberry and Doctor Ford. Receivors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Roger Manwood Knight Lord Chief Baron Francis Windham one of the Justices of ..... Doctor Barkeley and Doctor Cary. Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Earl of Darby Lord High Steward of England the Earl of Rutland the Earl of Essex the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Lord Howard of Essingham Lord High Admiral of England the Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and other Lands and Countries beyond the Seas and of the Isles the Archbishop of York the Earl
Prorogand Ita quod nec vos nec aliquis vestruin ad dictum duodecimum diem Novembris apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vobis cuilibet vestrum omnibus aliis quibus in hac parte intererit quòd ad dictum quartum diem Februarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi Concilio dicti regni nostri favente Domino contigerint ordinari In cujus rei testimonium has Literas nostras fieri fecimus Patentes Teste meipsa apud Westmonasterium 15. die Octobris Anno Regni nostri 30. Per ipsam Reginam Ha. Gerrard On Tuesday the 4 th day of February in the 31. year of her Majesties Reign to which day the Parliament had been last Prorogued upon Tuesday the 12 th day of November foregoing and accordingly now held The Queens Majesty was personally present accompanied by the Lord Chancellor and divers of the Lords both Spiritual and Temporal but the Original Journal-Book of the Upper House doth not at all mention the presence of any Lords which happened through the great negligence of M r Anthony Mason at this time Clerk thereof yet it may be collected February 8. The Queen being set under her Cloth of State and the Lords placed in their Parliamentary Robes according to their several ranks and orders the Knights Citizens Barons and Burgesses of the House of Commons had notice thereof and thereupon repaired to the said Upper House and as many of them as conveniently could being let in stood before the Rail or Bar at the nether end thereof Then Sir Christoper Hatton Knight Lord Chancellor of England in a Speech which he used did at large declare the Queens gracious disposition to peace and her great wisdom in preserving the same and singular government of the Realm Next he shewed the great benefit which this Kingdom enjoyed by her government and remembred her great Conquest over the Spanish late wonderful Army or Fleet on the Seas videlicet in Anno 30 Reign Eliz. Anno Domini 1588. He further declared how much the King of Spain remained bent against this Kingdom And lastly shewed the Cause of calling this Parliament to be that by the consent of the most grave and wise Persons now called together out of all parts of the Realm preparation may as far forth by the Counsel of man as is possible be made and provided that Arms Souldiers and Money may be in readiness and an Army prepared and furnished against all Events The Lord Chancellors Speech being ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the usual form which were these Receivors of Petitions for England Ireland Wales and Scotland Sir Christopher Wray Chief Justice Sir Gilbert Gerrard Knight Master of the Rolls Sir Robert Shute one of the Justices of Kings Bench D r Aubrey and D r Ford. Receivors of Petitions for Gascoigne and other Countries beyond the Seas and the Isles Sir Edmond Anderson Chief Justice of the Common Pleas Sir Roger Manwood Chief Baron Francis Windham one of the Justices of the Common Pleas D r Clerk and D r Cary. Tryors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Earl of Darby the Earl of Worcester the Earl of Sussex the Bishop of London the Bishop of Winchester the Lord Howard of Effingham Lord Admiral Lord Cobham the Lord Grey of Wilton Tryors of Petitions for Gascoigne and for other Countries beyond the Seas and the Islands The Earl of Oxford great Chamberlain of England the Earl of Warwick the Earl of Pembrook the Bishop of Salisbury the Bishop of Lincoln the Bishop of Rochester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst As soon as the Clerk of the Parliament had read these names and had likewise ended other things of course belonging unto them viz. That the first Tryors of England c. or any four of them calling unto them the Lord Chancellor and the Lord Treasurer and also the Queens Serjeants should at their leisure meet together in the Chamberlains Chamber and that the last Tryors of Gascoigne c. or any four of them calling unto them the Queens Serjeants the Queens Attorney and Sollicitor should hold their place when their leisure did serve them to meet in the Treasurers Chamber Then the Queen continued the Parliament unto a day to come which is entred in the Original Journal-Book of the Upper House in manner and form following viz. Ipsa Regina continuavit praesens Parliamentum usque in diem Jovis prox ' hora secunda post Meridiem On Wednesday the 5 th day of this instant February although the Upper House sate not yet was one extraordinary Proxy returned or brought in unto the Clerk of the said House as there had formerly been another of a like nature returned on Monday the third day of the said Month foregoing which because it was returned before the Parliament it self began and is entred together with that before mentioned in the beginning of the Original Journal-Book of the said House it shall not be much amiss to set them down both together in this place in such manner and form as they are entred in the said Journal-Book viz. Vacat 3. die Februarii introductae sunt Literae procuratoriae Willielmi Assaphen ' Episcopi in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuar ' Johannem Episcopum Roffen Hugonem Episcopum Bangoren ' Nota That though the word vacat be here placed in the Original Journal-Book of the Upper House in the Margent of this Proxy in such manner and sort as this is transcribed yet there doth not appear any reason thereof for as it may be collected by the presence of the Lords set down on Saturday the 8 th day of this instant February following neither the said Bishop of S t Asaph was present himself after the said Proxy sent nor all nor any of his Proctors absent nor himself dead which are only causes of a Vacat 5 to Die Februarii introductae sunt Literae procuratoriae Johannis Carliolen ' Episcopi in quibus Procuratorem suum constitiuit Johannem Archiepiscopum Cantuarien ' Nota That these Two Proxies are therefore called unusual and extraordinary because these two Bishops did constitute the first of them three Proctors and the last of them but one whereas for the most part the Spiritual Lords do nominate two and the Temporal Lords but one which may be collected in part out of the very Returns of this Parliament for of five Spiritual Lords that sent their Proxies three constituted two
Her Majesty thinketh this to be for that the wealthier sort of men turn this charge upon the weaker and upon those of worst ability for that one dischargeth himself and the other is not able to satisfie what he is charged withal These things would be reformed by such as are Commissioners in this present service Her Majesty further hath willed me to signify unto you that the calling of this Parliament now is not for the making of any more new Laws and Statutes for there are already a sufficient number both of Ecclesiastical and Temporal and so many there be that rather than to burthen the Subject with more to their grievance it were fitting an Abridgment were made of those there are already Wherefore it is her Majesties Pleasure that the time be not spent therein But the principal Cause of this Parliament is that her Majesty might consult with her Subjects for the better withstanding of those intended Invasions which are now greater than were ever heretofore heard of And whereas heretofore it hath been used that many have delighted themselves in long Orations full of verbosity and of vain ostentations more than in speaking things of substance The time that is precious would not be thus spent The Sessions cannot be long by reason the Spring time 't is fit that Gentlemen should repair to their Countries the Justices of Assize also to go their Circuits So the good hours should not be lost in idle Speeches but the little time we have should be bestowed wholly on such businesses as are needful to be considered of And so willed them to Elect a Speaker As soon as the Lord Keepers Speech was ended the Clerk of the Parliament read the names of the Receivors and Triors of Petitions in French according to the ancient use and form which were as followeth viz. Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Lord Chief Justice of the Kings-Bench John Clynch one of the Justices of the Kings-Bench Francis Gawdy another of the Justices of the said Bench Doctor Awberry and Doctor Ford. They which will deliver Petitions are to deliver the same within six days next ensuing Receivors of Petitions for Gascoign and other parts beyond the Seas and the Isles Sir Edmond Anderson Lord Chief Justice of the Common-Pleas Sir William Perrian Lord Chief Baron and Thomas Walmsley one of the Justices of the Common-Pleas Doctor Cary and Doctor Stanhop And they which will deliver Petitions are to deliver the same within six days next ensuing Tryors of Petitions for England Ireland Wales and Scotland the Archbishop of Canterbury the Marquess of Winchester the Earl of Darby Lord Steward of the Queens Houshold the Earl of Sussex the Earl of Pembroke 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 any four of them calling to them the Lord Keeper of the Great Seal of England and the Treasurer and the Queens Serjeants when need shall require shall hold their places in the Chamberlains Chamber Tryors of Petitions for Gascoign 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 Lincoln the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst These or any four of them calling unto them the Queens Serjeants when need shall require shall hold their places in the Treasurers Chamber Nota That all that which is set down touching the coming up of those of the House of Commons into the Higher House and the Lord Keepers Speech being before placed after the names of such Lords Spiritual and Temporal as were this day present is not found in the Original Journal-Book of the Upper House but is here inserted partly out of the Original Journal-Book of the House of Commons and partly out of another very exact Journal of that House which was in my Custody being very diligently observed and set down by some Anonymus who was a Member of the said House during this Parliament And I have always thought it most fitting in all these several Journals ever to refer the aforesaid Speeches the Presentments of the Speakers and such other Passages as are wholly handled and agitated in the Upper House to be set down as largely as by any good Authority they may in the Journal of the same to which they do most truly and properly belong and only for Orders sake to give a short touch or remembrance of them in the Journal of the House of Commons Finally at the Conclusion of this days business the Continuance of the Parliament is Entred in the Original Journal-Book of the Upper House in manner and form following viz. Dominus Custos magni Sigilli ex Mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis prox ' futurum On Thursday the 22 th day of February to which day the Parliament had been last continued the Queens Majesty her self came about three of the Clock in the Afternoon accompanied by the Archbishop of Canterbury Sir John Puckering Knight Lord Keeper of the Great Seal William Lord Burleigh Lord Treasurer of England the Marquess of Winchester and divers others of the Lords Spiritual and Temporal being for the most part the very same that are by name set down to have been present on Monday foregoing the first day of this Parliament The Queen and the Lords being thus set the House of Commons had notice thereof who immediately thereupon came up with Edward Cooke Esquire the Queens Sollicitor into the Upper House whom they had Chosen for their Speaker or Prolocutor Which said Speaker being led up to the Bar at the nether end of the said House between two of the most Eminent Personages of the House of Commons who as soon as silence was made and the rest of the said House as many as could conveniently get in had placed themselves in the space below the said Bar spake as followeth YOur Majesties most loving Subjects the Knights Citizens and Burgesses of the House of Commons have nominated me your Graces poor Servant and Subject to be their Speaker This their nomination hath hitherto proceeded that they present me to speak before your Majesty Yet this their nomination is only as yet a Nomination and no Election until your Majesty giveth Allowance and Approbation For as in the Heavens a Star is but opacum Corpus until it have received light from the Sun so stand I Corpus opacum a Mute Body until your Highness bright shining Wisdom hath looked upon me and allowed me How great a Charge this is to be the Mouth of such a Body as your whole Commons represent to utter what is spoken Grandia Regni My small Experience being a poor Professor of the Law can tell But how unable I
might not be committed to the Bishop of the Diocess because their Chancellors are so much affected to the Canon Law that some are infected with Popish Religion Besides the office of Bishops is to preach and this duty in the one calling would not be hindred by other affairs committed to their care Wherefore fitter it is that the Justices of Assize should have the appointment of them Then said Sir Edward Stafford it may be the Party is Enemy to him to whom the Child is committed therefore the Commitment is to be by two or three Then Mr. Wroth spake as followeth The Law hath no Proviso for Leases no remedy is appointed as by the distress or otherwise how the Guardian is to come by the money appointed to him for the Custody of the Child of a Recusant And it were fit to make a Proviso that no Party being next Heir to the Child should be his Guardian And the Recusant not to forfeit ten pound a Month for the keeping of his Wife otherwise for keeping of Servants Recusants After all these Speeches they agreed to have the Bill committed But the Committees names are all omitted in the said Anonymous Journal out of which these foresaid Speeches are inserted and are therefore to be supplied out of the Original Journal-Book of the House of Commons where they are set down in manner and form following viz. All the Privy Council Sir Thomas Cecil Sir Walter Raleigh Sir William Moore M r Feele M r Finch M r Wroth M r Greenfield M r Fulke Grevill M r Sands M r Cradock Sir Francis Hastings Sir Edward Stafford M r Morrice M r George Cary M r Peejam M r Tasborough Sir Henry Unton Sir William Bowes Sir Moyle Finch M r Attorney of the Dutchy M r Alice Sir Francis Vere Sir Edward Dimock Mr. Warren M r Lewes Mr. Tanseild Mr. Edw. Barker Mr. Beale Mr. Philips Mr. Stephenson M r Lewkenor M r Nat. Bacon M r Grimston Mr. Fuller all the Serjeants at Law Mr. George Moore Sir Thomas Wast Mr. Doctor Caesar Mr. Doctor Lewen Sir Henry Cock Sir Edward Cock Sir Edward Hobby Mr. Dier Mr. John Cary Mr. Emerson Sir Thomas Shirley Mr. Fanshaw Sir John Harrington Sir Henry Knivett Sir Charles Candish and Sir Francis Drake And the Bill was delivered to Mr. Serjeant Telverton who with the rest was appointed to meet upon to Morrow next at two of the Clock in the Afternoon at Serjeants-Inn in Fleetstreet Mr. Chancellor of the Exchequer one of the Committees in the great Cause for Consultation and provision of Treasure appointed on Monday the 26 th day of this instant February foregoing shewed that he and the residue of the Committees in that Case met yesterday in the Afternoon according to the Commission of this House and upon Conference had amongst them for some convenient proportion of Treasure to be provided did in the end agree that two intire Subsidies and four Fifteenths and Tenths should be granted unto her Majesty if this present House shall so think good Upon which Report by him made it was upon the question agreed unto by the whole House that the same two intire Subsidies and four Fifteenths and Tenths should be granted unto her said Highness accordingly Which done Mr. Nathanael Bacon one also of the said Committees put the House in remembrance that at their said Conference in the said Committee it was moved by some of them that the present necessity of the Causes now moving them to offer the said double Subsidy and double Fifteenths and Tenths should be set down and inserted in the Bill for the granting thereof After this Speech of Mr. Bacons there is no particular mention of any other Speech which was spoken at this time touching this business in the Original Journal-Book of the House of Commons and therefore these Speeches which follow are supplyed out of another Anonymous Journal of the passages of this Parliament more particularly mentioned at the beginning of this present Journal Sir Henry Knivett spake allowing the Subsidies but withal desired these things First that it might be lawful for every Subject to annoy the King of Spain that would that weak Forces might not be spent against him but a Royal Army That we should not wrastle with him on our own ground but abroad Further that all her Majesties debtors might be called in and her Majesty to have power to sell all the Debtors Lands of what State soever they were seized of No Steward or Commissioner but to answer her Majesty the Royal Fines and Sums they received All her Woods to be viewed and the great Timber to be for sale the Copy wood to be sold to encrease the Revenues Licences granted to any to have benefit of penal Statutes to be taken in and the whole benefit of Inns and Alehouses to come to the Queen A great benefit to come to the Queen by this new Statute against Recusants Their Children to be committed to persons of sound Religion The whole benefit of their relief and living to come to the Queen deducting only charges for Education of Children Serjeant Harris agreed on the Subsidy because Parliaments were seldom whereas by the Statute of 4 Edw. 3. they may be called every year The Subsidies to be granted to maintain Wars but whether it be War or no War as yet we know not And the things which we take from the Spaniard is doubted by many not to be lawful prize Therefore desires in the Subsidies to have it set down that those Subsidies be to maintain a War impulsive and defensive against the Spaniard Sir Walter Raleigh seconded his Speech agreeing in all things with the Serjeant and said he knew many that held it not lawful in Conscience as the time is to take from the Spaniards And he knew that if it might be lawful and open War there would be more voluntary hands to fight against the Spaniard than the Queen should stand in need of to send to Sea Nota That these aforesaid Speeches are all that are found in the forementioned Anonymous Journal and therefore that which follows is made perfect out of the Original Journal-Book it self in manner and form following viz. After the former and other like Speeches in which also some had moved that to make the Wars against the King of Spain and his Subjects lawful and warrantable it should be inserted into the preamble of the said Bill that so great and extraordinary supply was at this time given for the resisting of his power and preventing of his malice it was Ordered by the House upon the question that all the Serjeants at Law which are Members of this House Mr. Heile Mr. Philips Sir Walter Raleigh Sir Francis Drake Sir George Carey Mr. Doctor Caesar Mr. Doctor Awberry Mr. Francis Bacon Sir Francis Gudolphin Mr. John Hare Sir Thomas Conisby Mr. Attorney of the Wards Mr. Attorney of the Dutchy Mr. John Trevor Mr. Sands Mr. Doctor Lewen Mr. Beale Sir Henry Unton and Mr. Ridisden
it is in defence of the Religion of God of our most gracious Soveraign and of our natural Country of our Wives our Children our Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty I shortly say to your Lordships quod justum est 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 to the end 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 wise and Learned man among you to be your Speaker who shall be for an understanding sufficient and for discretion fit as your Mouth to signify your minds and to make your Petitions known to her Highness and him on Thursday next to present in this place Nota that this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House but is supplied by me out of a Copy thereof lying by me which I conceive to have been very truely transcribed out of the Original and I have always conceived it most proper to refer this and such like other Speeches if warranted by any good authority to the Journal of the said Upper House because they are delivered in it and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses were departed down to their own House the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French which were as followeth viz. Receivers of Petitions for England Ireland France and Scotland Sir John Popham Lord Chief Justice John Clinch one of the Justices of the Kings Bench Francis Gaudy one of the Justices of the said Bench Dr. Carew and Dr. Stanhop Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Willam Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the said Common Pleas Dr. Lewen and Dr. Cousins and they who will deliver Petitions to deliver them within six days Tryers of Petitions for England Ireland Wales and Scotland The Arch-Bishop of Canterbury the Marquess of Winchester the Earl of Sussex great Marshal the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England the Bishop of London the Bishop of Winchester the Lord Cobham and the Lord North. All these Lords and Prelats or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants shall hold their place when their leisure serveth in the Chamberlains Chamber Tryers of Petitions for Gascoigne and other Lands and Countries 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 Worcester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst All these Lords and Prelats or any four of them calling unto them the Queens Serjeants and also the Queens Attorney and Sollicitor when their leisure serveth shall hold their place in the Treasurers Chamber The Lord Burgh absent being at this time Lord Deputy of Ireland The Lord De la Ware absent because he made question of his place intending to make Suit to the Parliament concerning the same Dicto 24 o die Octobris viz. Primo die hujus Parliamenti Introductum est breve quo Archiepiscopus Eboracen ' praesenti Parliamento interesse summonebatur admissas est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno 〈◊〉 brevia introduct sunt 4. Comitibus 10. Episcopis 5. Baronibus Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis proximum futurum viz. 27 diem Octobris On Thursday the 27 th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament accompanied with divers Lords Spiritual and Temporal who attended her Majesty this said day in the House being for the most part the same that are mentioned to have been present there on Monday the 24 th day of this instant October foregoing Of which the Knights Citizens and Burgesses of the House of Commons having notice M r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House was by them brought into the Upper House and by the hands of Sir William Knolles Controller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election but excusing himself by pretence of many disabilities and imperfections and wishing earnestly 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 said House of Commons might proceed to a new Election Which excuse was not allowed by her Majesty as the Lord Keeper delivered by Answer but the choice of the said M r Yelverton was 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 to present to her Majesty in the behalf of the said House of Commons certain humble Petitions for access unto her Majesty in the behalf of the said House upon needful occasions and for the using and enjoying 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 Mouth of the Lord Keeper did yield her Gracious Assent 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 Octobris On Saturday the 5 th day of November the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice Introductum est breve Thomae Domini Gray de Wilton quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament and her Majesty well allowing his said
brought him even made him one of the greatest Princes in Europe when her Majesties Forces there left him how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions For the Low-Countries how by her aid from a confused Government and State she brought them to an Unity in Counsel and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs which have so much gauled him that how many desperate practices have been both devised consented to and set on foot by commandment of the late King his Father I need not shew you neither trouble you with Arguments for proof thereof being confessed by them that should have been Authors themselves But de mortuis nil nisi bonum I would be loth to speak of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her blood I mean Jewels which have been given to her Physicians to have done that unto her which I hope God will ever keep from her but she hath rather worn them in Triumph than for the price which hath not been greatly valuable Then he fell to perswade us because new occasions were offered of consultations to be provident in provision of means for our own defence and safety seeing the King of Spain means to make England miserable by beginning with Ireland neither doth he begin with the Rebels but even with the Territory of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Nota That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November which next ensued by Sir Robert Cecill her Majesties principal Secretary who had done it to satisfy divers Members of the same who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House As soon as the Lord Keeper had ended his Speech and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it were departed down to their own House Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Knight Lord Chief Justice Francis Gawdy one of the Justices of the Kings Bench George Kingsmell one of the Justices of the Common Pleas D r Carew and D r Stanhop Receivors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir William Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the Common Pleas D r Swale and D r Howard They who will deliver Petitions to deliver them within six dayes Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Marquess of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House the Earl of Hartford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouch and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place at the Chamberlains Chamber Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord Le Ware the Lord Lumley and the Lord Burleigh All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them to meet and hold their place in the Treasurers Chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-Book in manner and form following Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Veneris proximè futurum viz. 30 m diem Octobris Nota That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House yet because it is very imperfectly and briefly Entred there I have therefore supplied it somewhat largely out of a private Journal of the House of Commons On Friday the 30 th day of October about one of the Clock in the Afternoon her Majesty came by Water to the Parliament Chamber commonly called the Upper House and being Apparelled in her Royal Robes and placed in her Chair of State divers also of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the Door of the said House with John Crooke Esq Recorder of London their Speaker Elect the full space of half an hour were at last as many as conveniently could let in and the said Speaker was led up to the Bar or Rayl at the lower end of the same House by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth MOST Sacred and Mighty Sovereign Upon your Majesties Commandment your most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House to be their Speaker but finding the weakness of my self and my ability too weak to undergo so great a burthen I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me and not to lay this charge so unsupportable upon my unworthy and unable Self And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that
had some matters of importance not fit to be read Yet if it please the House to command it they should Whereupon all cried No No. Sir Edward Hobbie answered Methinks under favour the motion Mr. Secretary made is good but the form therein I speak with all reverence not fitting the State of this House For he said M r Speaker shall attend my Lord Keeper Attend It is well known that the Speaker of the House is the Mouth of the whole Realm And that the whole State of the Commonalty of a Kingdom should attend one Person I see no reason I refer it to the consideration of the House Only this proposition I hold That our Speaker is to be commanded by none neither to attend any but the Queen only M r Johnson said The Speaker might ex Officio send a Warrant to the Clerk of the Crown who is to certify the Lord Keeper and so to make a new Warrant Sir Edward Hobbie said That for Election of Burgesles he had seen half a score yesterday with Sir John Puckerings hand when he was Speaker M r Speaker said I may inform you of the Order of the House that a Warrant must go from the Speaker to the Clerk of the Crown who is to inform the Lord Keeper and then to make a new Writ M r Secretary Cecill said I should be very sorry to detract from any particular Member of this House much more from the general State my meaning was mistaken and my words misconstrued yet both in substance agreeing with M r Speaker Post Meridiem At the Committee held this Afternoon touching Returns and matters of priviledge who had been appointed on Saturday the 31. day of October foregoing there were shewed divers Precedents to prove that the Warrant to be directed to the Clerk of the Crown for a Writ to be sent out for a new Election of any Member of the House ought to be directed from the Speaker which said Precedents were as followeth viz. In Anno 27. Reginae Eliz. Anno Domini 1584. 4 th Decembris Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon but he chose Chichester And John Puckering Speaker directed his Warrant to the Clerk of the Crown to send a Writ to make a new Election in Hindon which bare date the 10 th of December six days after 27 Eliz. Secondly In Anno 27 o Regin Eliz. Anno Domini 1584. 21 o Decembr the Writ bearing Teste 19 February for the same matter In which the stile of the House is Knights Citizens Burgesses and Barons quod nota Thirdly Anno praedicto Regin ejusdem Anno Domini 1584. 19 Febr. when Parry being Burgess of Quecnborough in Kent was Attainted of Treason A Warrant was directed to the Clerk of the Crown to make a new Writ dated the 19 th day of February aforesaid in which Warrant under the Speakers own hand was inserted a reason to this effect viz. because the said Parry is disabled by reason of his Attainder Fourthly In An o xxvii o praedict Regin Eliz. Anno Dom. 1584. 30 Novembr Thomas Bodley was Elected Burgess of Portsmouth and also Baron for one of the Cinque-Ports viz. Hieth but he took Portsmouth and refused the other whereupon a Warrant was directed as abovesaid but no Teste of the Writ was there Fifthly 28 th January 1584. Alexander Pine Esq chosen Burgess for Taunton being Deceased a new Writ was made The Writ bare Teste 30 th January Sixthly 3 o Decembr Anno Domini 1584. John Puckering being Speaker was chosen for Bedford and Caermarthen and chose Bedford whereupon a Warrant was made to the Clerk of the Crown for a new Writ which bare date the 4 th day of December Anno xxvii o Regin Eliz. All which Warrants were signed by the Speaker John Puckering For the matter between Doctor Awbrey Doctor of the Civil Law and Mr. William Delabarr Barrester of the Common Law of Lincolns Inn touching the Burgessship of Cardigan in Wales the Cause stood thus Cardigan hath been by antient Precedents ever since the first Year of Queen Elizabeth a Burgess Town and ever the Return of the Indenture hath been for Cardigan only Now this Parliament the Sheriff of the Shire favouring a Town called Aberystwith after he received the Parliament Writ sent his Warrants to the Bayliffs of Aberystwith to chuse a Burgess c. who chose a Burgess viz. Doctor Awbrey and return'd him Burgess for Cardigan and Aberystwith and shewed in the Indenture the Election to be made by both Towns And the Indenture was signed with the Sheriffs hand On the other side the Bayliffs of Cardigan understanding the Writ to be come to the Sheriff took notice thereof and without Warrant from the Sheriff made an Indenture and Election of William Delabarr and sent the same in a Letter to him M r Delabarr sought the Sheriff or his Deputy in London to deliver the Indenture of Cardigan but not finding him delivered the same to the Clerk of the Crown paid his Fees was sworn and admitted into the House till this present day Now at this Committee for Priviledges Dr. Awbrey came to complain the Committees found upon Examination of the matter that the County Court was as well kept at Aberystwith as at Cardigan alternis vicibus and that the County Court was to be kept this time at Aberystwith So when they went to the Conference both Awbrey and Delabarr were desired to depart forth And upon Consultation these Questions arose First Whether the House have Power to Fine the Sheriff because according to the Statute he sent not his Warrant to Cardigan Next If he be punishable by the Penalty of the Statute Also if he have pursued his Authority in making his Election in Aberystwith Which are left with divers other doubts to the discussing of the House the next day and to the Report of Sir Edward Hobbie or Mr. Sollicitor Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham now Lord Chief Justice being then Speaker Sir Edward Hobbie at this Committee said Awbrey and Delabarr the one a Civil the other a Common Lawyer That he might say to them as the Duke of Millain said of the Thief It is no matter whether goes first the Hangman or the Thief The Town of Harwich in Essex and Newtown in the County of Southampton have returned Burgesses this Parliament which they never did before Thus far out of the aforesaid private Journal The ensuing days Passages do follow out of the Original Book it self On Friday the 6 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill to avoid divers misdemeanors in base and idle Persons was read the first time Mr. Dr. James being a Committee in the Bill against Drunkenness which was committed on Wednesday the 4 th day of this instant November foregoing declared the meeting
of the vulgar way of preparing Medicines and the Excellency of such as are made by Chymical Operations By Edward Bolnest Med. Lond. in octavo 11. Aurora Chymica or a rational way of preparing Animals Vegetables and Minerals for a Physical Use by which preparations they are made most efficacious safe and pleasant Medicines for the preservation of the life of man By Edward Bolnest Med. Reg. Ord. in octavo 12. The Chirurgions Store-house furnished with forty three Tables cut in Brass in which are all sorts of Instruments both Ancient and Modern useful to the performance of all Manual Operations with an exact description of every Instrument together with one hundred choice Observations of famous Cures performed with three Indexes 1. Of the Instruments 2. Of Cures performed 3. Of things remarkable Written in Latin by Johannes Scultetus a famous Physician and Chirurgeon of Ulme in Suevia and faithfully Englished by E. B. D r of Physick in octavo 13. Medicina Statica or Rules of Health in eight Sections of Aphorisms Originally Written by Sanctorius Chief Professor of Physick at Padua in twelves LAW 14. An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law published by the Lord Chief Baron Hales and approved by all the Judges in folio 15. The Reports of that famous Lawyer Henry Rolls Serjeant at Law sometime Chief Justice of the Kings Bench of divers Cases in the Law adjudged in the time of King James approved by all the Judges in folio 16. The Reports of Sir George Crook Knight in three Volumes in English allowed of by all the Judges The second Edition carefully corrected by the Original in folio 17. The History of Gavel-kind with the Etymology thereof containing a Vindication of the Laws of England together with a short History of Will the Conqueror By Silas Taylor in quarto 18. Action upon the Case of Slander or a Methodical Collection of thousands of Cases in the Law of what words are Actionable and what not By William Shepherd Esq in octava 19. An Exact Abridgment in English of the Cases reported by Sir Francis Moor Knight with the Resolution of the Points of the Law therein by the Judges By Will. Hughes in octavo 20. The Touchstone of Wills Testaments and Administrations being a Compendium of Cases and Resolutions touching the same carefully collected out of the Ecclesiastical Civil and Canon Laws as also out of the Customs Common Laws and Statutes of this Kingdom By G. Meriton in twelves HISTORY 21. The Voyages and Travels of the Duke of Holstein's Ambassadors into Moscovy Tartary and Persia begun in the year 1633. and finished in 1639. containing a Compleat History of those Countries whereunto are added the Travels of Mandelslo from Persia into the East-Indies begun in 1638. and finished in 1640. The whole Illustrated with divers accurate Maps and Figures Written originally by Adam Olearius Secretary to the Embassy Englished by J. Davies The second Edition in folio 22. The Works of the famous Nicholas Machiavel Citizen and Secretary of Florence containing the History of Florence the Prince the Original of the Guelf and Ghibilin the Life of Castruccio Castracani the Murther of Vitelli c. By Duke Valentino the State of France the State of Germany the Discourses on Titus Livius the Art of War the Marriage of Belphegor All from the true Original newly and faithfully translated into English in folio 23. I Ragguagli di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touchstone Written Originally in Italian by that famous Roman Trajano Bocalini Englished by the Earl of Menmouth in folio 24. The History of Barbadoes S t Christophers Mevis S t Vincents Antego Martinico Monserret and the rest of the Caribby Islands in all twenty eight in two Books containing the Natural and Moral History of those Islands Illustrated with divers pieces of Sculpture representing the most considerable Rarities therein described in folio 25. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Battista Nani Cavalier and Procurator of S t Mark. Englished by Sir Robert Honywood K t in folio 26. The History of the Turkish Empire from the year 1623. to the year 1677. Containing the Reigns of the three last Emperours viz. Sultan Morat or Amurat IV. Sultan Ibrahim and Sultan Mahomet IV. his Son the XIII Emperour now Reigning By Paul Rycaut Esq late Consul of Smyrna in folio 27. The present State of the Ottoman Empire in three Books containing the Maxims of the Turkish Polity their Religion and Military Discipline Illustrated with divers Figures Written by Paul Rycant Esq late Secretary to the English Ambassador there now Consul of Smyrna The fourth Edition in octavo 28. The present State of the Greek and Armenian Churches AnnoChristi 1678. Written at the Command of His Majesty by Paul Rycaut Esq late Consul of Smyrna and Fellow of the Royal Society in octavo 29. The Memoirs of Philip deComines Lord of Argenton containing the History of Lewis XI and Charles VIII Kings of France with the most remarkable occurrences in their particular Reigns from the year 1464. to 1498. Revised and Corrected from divers Manuscripts and ancient Impressions by Denis Godfroy Counseller and Historiographer to the French King and from his Edition lately Printed at Paris newly translated into English in octavo 30. A Relation of Three Embassies from his Majesty Charles the Second to the Great Duke of Muscovy the King of Sweden and the King of Denmark performed by the Right Honourable the Earl of Carlisle in the year 1663 and 1664. Written by an Attendant on the Embassies in octavo 31. A Relation of the Siege of Candia from the first Expedition of the French Forces to its Surrender the 27 th of September 1669. Written in French by a Gentleman who was a Voluntier in that Service and faithfully Englished in octavo 32. The Present State of Egypt or a new Relation of a late Voyage into that Kingdom performed in the years 1672 and 1673. By F. Vansleb R. D. Wherein you have an exact and true account of many rare and wonderful particulars of that Ancient Kingdom Englished by M. D. B. D. in octavo 33. The History of the Government of Venice wherein the Policies Councils Magistrates and Laws of that State are fully related and the use of the Balloting-Box exactly described Written in the year 1675. by the Sieur Amelott de la Houscaie Secretary to the French Ambassador at Venice in octavo 34. An Historical and Geographical Description of the great Country and River of the Amazones in America with an exact Map thereof Translated out of French in octavo 35. The Novels of the famous Don Francisco de Quevedo Villegas Knight of the Order of S t James whereunto is added the Marriage of Belphegor an Italian Novel Translated from Machiavel faithfully Englished in
frequent as they need no further vouching And it is very well worthy the Observation that whereas in the Session of Parliament de an 8 Regin Eliz. when Richard Onslow Esq her Majesties Sollicitor was Elected and allowed Speaker by reason of the Death of Thomas Williams Esq who had been Speaker in the Session de an 5. Regin Eliz. and did Decease in the interim of the several Prorogations between the said two Sessions the said Richard Onslow did upon his Presentment to her Majesty and allowance by her only desire in the name of the House of Commons free access to her Majesty and did either ignorantly or wittingly omit to make those two other Petitions on their behalf for freedom of Speech and freedom from Arrests and Suits yet in the said Session de an 8 Regin Eliz. the House of Commons falling upon that great business of her Majesties Declaration of a Successor did use greater liberty of Speech than they had done or did before or after in any other Parliament during her Majesties Reign when the said Speakers did most precisely desire the allowance of the said priviledge of freedom of Speech from her Majesty And now thirdly and lastly touching that Petition which Sir Thomas Gargrave the Speaker made unto her Majesty for freedom from Arrests It is plain that the Commons and the Lords of the Upper House have not only always enjoyed the same for themselves and their necessary attendants but also have been exempted from Suits at Law during the continuance of the Parliament not only in legal Courts but in the very Court of Chancery Star-Chamber and such like unless some Criminal matter be laid unto their Charge which draws into question the life it self which I have caused to be inserted into the preceeding abstract of Sir Thomas Gargraves Speech because he either did Petition for freedom from Suits as well as for freedom from Arrests or he ought to have done it For it is plain by the close Rolls of Ed. 2. remaining in the Tower that the Barons and such others as were Summoned to Parliament in the seventh and eigth Years of his Reign were exempted from Answering to any Suits before tho Justices of Assize during the Parliaments continuance where the Proclamations sent to the said Justices for that purpose contain these words viz. Quod supersedeant ubi Barones alii summoniti ad Parliamentum Regis sunt partes vide Rot. Claus. de an 7 Ed. 2. Membrana 24. de an 8 Ed. 2. m. 22 23. And for the several Presidents how frequently the Members of the House of Commons were exempted both from Arrests and Suits during all the Parliaments of her Majesties Reign they are so many and fell out so often as may be seen by every ensuing Journal almost of the House of Commons that they need no vouching These Animadversions being thus added touching the Speakers Speech and the Petitions on the behalf of the House of Commons contained therein now follows the departure of the said Speaker being fully invested in his place by her Majesties allowance down unto the House of Commons out of the Original Journal-Book of the same with some Additions in matter of Form Sir Thomas Gargrave aforesaid being now setled in the place of Speaker after his humble reverence made unto her Majesty departed with the other Members of the House of Commons unto their own House the Serjeant of the same carrying the Mace all the way before the said Speaker which was in like sort born before him during this Parliament both when he repaired unto and when he departed from the said House The Speaker being placed in the Chair ..... Seymore Esq Clerk of the foresaid House of Commons who sate uncovered at a Table at the upper end of the House just before the Speaker stood up and read a Bill which had been treated of in the last Parliament being intituled The Bill touching felling of Wood and Timber Trees in Forrests and Chases which done kissing his hand he delivered the said Bill to the Speaker who standing up uncovered whereas otherwise he sitteth covered and holding the Bill in his hand said The Bill is thus Intituled and then having read the Title of the Bill as is before set down he opened to the House the substance thereof which it is most probable he did out of the Breviate which was filed to the Bill and had been delivered unto him together with the Bill by the Clerk of the House aforesaid which being done he then said This is the first reading of the Bill and so delivered it unto the Clerk again which ended the House arose which hath been the constant use and custom ever since as also divers years before that after the presentment and allowance of the Speaker one Bill be once read after his return from the Upper House unto the House of Commons On Monday the 30 th day of January the Bill for the avoiding of French Wares and Wines and the Bill touching any variance of Grants made by Corporations were each of them read the first time M r Treasurer with 23. others of this House whose names are wholly omitted in the Original Journal-Book of the House of Commons through the negligence of ..... Seymour Esq at this time Clerk of the same were appointed to meet together and to treat for a convenient Subsidy and also to consider touching the validity of the Writ of Summons both of the last Parliament and also of this present Parliament in which said Writ the words Supremum caput Ecclesiae Anglicanae were wanting vide February 3. postea On Tuesday the 31 th day of January it was agreed in the House that a Book for the Subsidy be drawn by several of the Committees On Wednesday the first day of February the Bill touching levying of Fines in the County Palatine of Durham and the Bill touching thicking of Hats or Caps in Mills were each of them read the first time The Bill also touching the grant of Tonnage and Poundage was read the first time On Friday the 3 d of Feb. the title of a Bill which had this day its second reading is thus entred in the Original Journal-Book of the foresaid House The Bill for felling of Wood and Timber in Forrests or Chases And under the entrance of the title of it in the Original Journal-Book of the House of Commons was written M r Sackvill by which it should seem that this Bill was committed upon the first reading to him and as it is probable to others also By which manner of entring the title of the said Bill it may plainly be collected that the Bill it self had at this time its second reading and was thereupon committed to M r Sackvill to whom it seemeth the Bill was delivered and others whose names are omitted the manner of which being there also left unmentioned I thought good to supply according to the usual Form both then doubtless used and at this day also The
vice Et nota that the same Bill was read the day following tertiâ vice conclus On Wednesday the 7. day of April Seven Bills were brought up to the Lords from the House of Commons of which the one was for Orders for Bankrupts their Goods and Chattels Lands and Tenements and another for Retailers of Worsted Wools in Norwich and the County of Norfolk with a Proviso added by the Commons Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam secundam à Meridie On the aforesaid Wednesday in the Afternoon the Bill touching Orders for Bankrupts their Goods and Chattels Lands and Tenements was read primâ vice On Thursday the 8. day of April Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill to take away the Misdemeanors of Purveyors and Takers was read primâ vice The Bill for divers Orders for Artificers Labourers Servants of Husbandry and Apprentices was read tertiâ vice conclus and sent down to the House of Commons by Serjeant Carus and D r Yale Two Bills were sent up to the Lords from the House of Commons the one that Sanctuary shall not be allowed to defraud any due Debt And the other was for the Paving of Kentish Town near Southwark The Proviso annex'd by the Commons to the Bill for Retailers of Worsted-Woolls in Norwich and the County of Norfolk was read tertiâ vice communi omnium Procerum assensu conclus The Proviso annex'd by the Commons to the Bill for the maintenance of Tillage And also one other Proviso annex'd to the same Bill by the Lords were each of them read primâ secundâ tertiâ vice On Friday the 9. day of April the Bill for Tillage was given to M r Attorney and M r Martin to be carried to the House of Commons The Bill touching Orders of Bankrupts their Goods and Chattels Lands and Tenements was read secundâ vice Three Bills were brought up to the Lords from the House of Commons conclus of which one was touching divers Orders for Artificers Labourers Servants of Husbandry and Apprentices And the second for the maintenance of Tillage And the third for the due Execution of the Writ de Excommunicato capiendo with a Proviso annex'd by the Commons and divers Amendments quae primâ secundâ vice lect sunt eadem Provis tertiâ vice lect a est conclus The Bill to take away the misdemeanors of Purveyors and Takers was read the second time and committed to Justice Southcot Quod nota The Bill for the destruction of Rooks Coughs and other Vermine was brought up to the Lords from the House of Commons which said Bill was on the day following in the Afternoon read primâ vice On Saturday the 10 th day of April the Bill for the reviving of a Statute made Anno xxiii o Hen. 8. touching the making of Goals with a Proviso thereunto annex'd by the Commons which said Proviso was read primâ secundâ tertiâ vice conclus The Bill for the Queens Majesties most free and General Pardon was read primâ vice communi omnium Procerum assensu conclusa Nota That this Bill for the general Pardon was concluded after the first reading whereas to all other Bills three readings are required before they can be passed The Bill also for Reformation of divers misdemeanors in Purveyors was read tertiâ vice with certain Amendments conclusa And then following the ordinary form the Parliament was continued in manner and order accustomed viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in horam primam à Mcridie In the Afternoon the Bill for destruction of Rooks and Coughs and other Vermin And the Bill touching buying and selling of course Woolls to make Cottons c. were each of them read tertiâ vice conclus Two Bills were returned from the House of Commons conclus One to take away the misdemeanors of Purveyors and Takers and the other touching Orders for Bankrupts their Goods and Chattels Lands and Tenements Nota That in the Original Journal-Book of the Upper House next after the setting down or entring of the two Bills aforesaid to have been returned up to the Lords from the House of Commons there followeth immediately the entrance of the Prorogation of this Session of Parliament which doubtless happened through the great negligence of Francis Spilman Esq at this time Clerk of the said Upper House For the Queens Majesty her self with the Lords both Spiritual and Temporal was present in her Robes and gave her Royal Assent to such Acts as passed Although no presence of any of the Lords or her Majesty be at all marked in the said Original Journal-Book And therefore I have caused the solemn and stately manner of the Queens coming to the Upper House with the several Interlocutory Speeches of the Speaker of the House of Commons and the Lord Keeper to be inserted at large out of a written Copy or Anonymous memorial thereof I had by me being doubtless the very Original Draught set down by some Member of one of the two Houses or at least by some other observant person then present while the said Speeches passed in the Upper House for it is written in a hand and language of that very time and in many places amended and interlined About three of the Clock this present Saturday in the Afternoon the Queens Majesty came by Water from Whitehall and landed on the backside of the Parliament Chamber and so the Earl of Northumberland bearing the Sword afore her the Dutchess of Norfolk the Train she proceeded up into her Privy-Chamber and there Apparell'd her self in her Parliament Robes during which time the Lords likewise put on their Robes and took their Places On the Upper Sack sate the Lord Keeper till the Queen came and then he went to his place at the Rail on the right hand to the Cloth of Estate On the Wooll-sack on the North-side sate Sir Robert Catlin and Sir James Dyer the two Chief Justices Sir John Mason and Serjeant Carus M r Ruswell the Queens Sollicitor and Doctor Yale On the Sack on the South-side sate Sir William Cecill Secretary Sir William Cordall Master of the Rolls Justice Weston Serjeant Southcott M r Gerrard the Queens Attorney and Doctor Lewes On the nether Sack sate M r Spilman Clerk of the Parliament M r Powle Deputy and joint Patentee with M r Martin Clerk of the Crown M r Heming and some Clerks of the Signet Dister and Permiter before which nether Sack stood a little Table Then the Queens Majesty being Apparell'd in her Parliament Robes with a Caul on her Head came forth and proceeded up and took the Seat the Duke of Norfolk as Earl Marshal with his gilt Rod before her with the Marquess of Northampton bearing the Cap of Maintenance and stood on her right hand and the Earl of Northumberland the Sword on her left hand the
there to do in such manner and form as though no such Commission had been directed and made any clause Sentence or matter in our said Letters Patents of commission or any other thing to the contrary in any wise notwithstanding and these presents shall be your Warrant and discharge for the same In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 8 th day of November in the Eighth Year of Our Reign There are no other passages of this day set down in the Original Journal-Book of the Upper House after the publick reading of the foregoing Commission by which the Lord Keeper was resetled in his former place in the said House saving the Entrance of the Continuation of the Parliament in manner and form following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque diem Lunae prox xi die Novembris November the 10 th Sunday On Monday the 11 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill to restrain the Carriage of the Woolls of the growth of Pembroke Carmarthen and Cardigan-shires out of the Counties where they grow was read tertiâ vice communi omnium Procerum assensu conclusa Nota That the daily continuance of the Parliament entred in these words Dominus Custos magni Sigilli continuavit praesens Parliamentum c. being now hereafter performed in the residue of this Journal according to the ordinary use by the Lord Keeper only is for the most part omitted On Tuesday the 12 th day of November the Bill for the Lady Cobham's Jointure was read secundâ vice On Wednesday the 13 th day of November the Bill for the Lady Cobham's Jointure was read tertiâ vice quae communi omnium Procerum consensu conclusa est postea cum Billà to restrain the Carriage of Woolls of the growth of Pembroke c. was delivered to Serjeant Carus and Doctor Huick to be carried to the House of Commons Three Bills were brought up to the Lords from the House of Commons of which the last being the Bill for Confirmation of Letters Patents made for the Hospital of S t Bartholomew in Gloucester was read primâ vice On Thursday the 14 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill for the avoiding of penal Laws was read primâ vice On Saturday the 16 th day of November to which day the Parliament had been last continued on Thursday foregoing Four Bills of no great moment had each of them one reading of which the third being the Bill for the better Execution of penal Laws was read secundâ vice and committed unto the Bishop of Worcester Viscount Mountague the Bishop of London the Bishop of Winchester the Lord Willoughby the Lord Loughborough the Lord Hunsdon and to the Lord Chief Baron Justice Welch and the Attorney General Two Bills lastly were brought up to the Lords from the House of Commons of which the second being the Bill that in divers Counties there shall be but one Sheriss in one County was read primâ vice On Monday the 18 th day of November to which day the Parliament had been last continued on Saturday foregoing the Bill to avoid excess in Apparel was read primâ vice On Tuesday the 19 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill to avoid excess in Apparel was read secundà vice and committed unto the Marquess of Northampton the Earl of Sussex the Earl of Huntington the Earl of Leicester Viscount Mountague the Bishop of London the Bishop of Winton the Bishop of Hereford the Bishop of Worcester the Bishop of Lincoln the Lord Lumley the Lord Sheffeild the Lord Pagett the Lord Hunsdon Justice Welch and Justice Southcot And the third being the Bill to enable the Town of Woollmarsh in the County of Surrey to use Cloth-making was read tertiâ vice communi omnium Procerum assensu conclusa On Wednesday the 20 th day of November Three Bills of no great moment had each of them one reading of which the last being the Bill for the avoiding of worngful vexation upon the Writ of Latitat was read secundâ vice commissa ad ingrossand Dominus Custos magni Sigilli continuavit praesens Parliamentum usque in diem Jovis prox horâ nonâ At which time the Lords Spiritual and Temporal did meet and nothing done but the Parliament continued by the Lord Keeper of the Great Seal of England until Saturday the 23 th day of November On Saturday the 23 th day of November Three Bills had each of them one reading of which the second being the Bill for confirmation of Letters Patents made for the Hospital of S t Bartholomew in Gloucester was read tertiâ vice and by common consent of the Lords concluded The Bill also for avoiding of worngful vexation upon the Writ of Latitat was read tertiâ vice which by common consent of the Lords was concluded and by Serjeant Carus and R. R. sent down to the House of Commons On Monday the 25 th day of November to which day the Parliament had been last continued on Saturday foregoing three Bills had each of them one reading of which the second being the Bill for the more expedition of the Administration of Justice in the Counties Palatine of Lancaster and Durham communi omnium Procerum assensu conclusa est On Tuesday the 26 th day of November the Bill for the Assurance of a Jointure to the Lady Mary Wife to Edward Lord Stafford was read tertiâ vice communi omnium Procerum consensa conclusa The said Bill for the Lady Staffords Jointure and the Bill for the more speedy expedition of the Administration of Justice in the Counties Palatine of Lancaster and Durham were delivered to Serjeant Carus and M r Vaughan in Domum Communem deferend On Wednesday the 27 th day of November and likewise on Thursday the 28 th day of the same Month the Lords did meet and nothing done save only the continuance of the Parliament by the Lord Keeper in Ordinary Form unto Monday the second day of December following On Monday the 2 d day of December Two Bills had each of them one reading of which the second being the Bill for the erection of a Free School at Denbigh in Wales was read primâ vice Six Bills were sent up to the Lords from the House of Commons of which the first being the Bill for the repeal of a Statute made Anno 7 Edw. 6. for the prices of Wines sold by retail was read primâ vice And the third being the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect returned cum provisione annex was read primâ secundâ tertiâ vice
Patents were each of them read secundâ vice The Bill lastly touching Cloth-Workers and Cloths ready wrought to be Shipped over the Seas was read tertiâ vice communi omnium Procerum assensu conclusa In the Original Journal-Book of the Upper House is no entrance or mention made of the continuance of the Parliament But it appeareth that the House did sit in the Afternoon for without entrance of the presence of any Lord in particular it appeareth that in the Afternoon two Bills were read viz. The Bill for the Almeshouse at Plymouth And the Bill for the Provision of Grain were each of them read primâ vice On Monday the 23 th day of December the Bill for the Confirmation of Fines and Recoveries notwithstanding the default of the Original Writs was read primâ vice cum additione provisione annex cum quâdam reformatione eidem annex Two Bills were brought up to the Lords from the House of Commons of which one being the Bill for Sea-Marks and Mariners And another against carrying over the Sea Rams Lambs or Sheep being alive were read each of them primâ vice The Bill lastly concerning Tonnage of Wares brought from beyond the Seas was read tertiâ vice communi omnium Procerum assensu conclusa Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam secundam in Pomeridiano About which hour the Lord Keeper and divers other Lords both Spiritual and Temporal meeting the Bill concerning Sea-Marks and Mariners And the Bill against the carrying over the Sea Rams Lambs or Sheep alive were each of them read secundâ tertiâ vice and thereupon concluded Two Bills also were sent from the Lords to the House of Commons of which the first was the Bill of her Majesties Free and General Pardon The Bill for making of Salt within her Majesties Dominions and the Bill for keeping a Market in the Mannor of Battell in Sussex upon Thursday were each of them read primâ secundâ vice Two Bills lastly had each of them their first reading of which the second was the Bill for the Inning of Plumstead-Marsh On Tuesday the 24 th day of December the Bill touching the transporting of Tann'd Leather made of Sheep-Skins and the Bill for Inning of Plumstead-Marsh being surrounded were each of them read secundâ tertiâ vice and thereupon concluded Three Bills also had each of them one reading of which the first being the Bill for keeping the Market in the Mannor of Battell in Sussex upon Thursday was read tertiâ vice conclusa The Bill finally for continuance of certain Statutes was read primâ secundâ tertiâ vice Quod nota that it had three readings together Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad diem Lunae tricesimum diem Decembris On Monday the 30 th day of December the Lord Keeper and divers other Lords both Spiritual and Temporal met but nothing was done save only the continuance of the Parliament by the Lord Keeper unto Thursday the 2 d day of January following upon which day in the Afternoon the Parliament was Dissolved On Thursday the 2 d day of January the Lord Keeper and divers other Lords both Spiritual and Temporal were present although through the negligence of Francis Spilman Esq at this time Clerk of the Upper House it doth not certainly appear who they were in the Original Journal-Book of the same House but no Bill as it seemeth was read or any thing else done but only the Parliament continued by the Lord Keeper which is there Entred in manner and form following viz. Dominus Custos magni Sigilli continuavit praesens Parliamentum usque ad horam primam in Pomeridiano Nota That it appears in the Original Journal-Book of the House of Commons that after the Parliament had been continued as aforesaid Doctor Huick was sent down to the said House from the Lord Keeper to give them notice thereof Nota also That in the Original Journal-Book of the Upper House there is no mention made of any thing that was done or of any Speech used nor touching the Dissolution of this present Session of Parliament but only that her Majesty was there present with divers Lords both Spiritual and Temporal and therefore I have supplyed the whole Proceedings of this Afternoon at large out of a very Copious and Elaborate Anonymous Memorial thereof I had by me which also I have in some places supplyed out of the Original Journal-Book of the House of Commons although it be so little and short as it may rather be called matter of Confirmation than Enlargement in which also it shall lastly suffice to touch briefly that I have always observed contrary to the ordinary course to insert all such Speeches and other passages as largely as by any good Authority I might into the Journal of the Upper House in which House they were agitated and uttered and to the Journal of which House they do most properly belong and do only for Order sake add some short expressions thereof in the Journals of the House of Commons The said Passages of this Afternoon do now next ensue out of the above-mentioned Manuscript Memorial The Queens Majesty between two or three of the Clock in the Afternoon of this present Thursday being the second day of January in the ninth year of her Reign came by Water from Whitehall and Landed on the backside of the Parliament-Chamber And so the Earl of Westmorland bearing the Sword afore her the Lady Strange the Train with the Lords in their daily Apparel and Heralds attending on her she proceeded up into the Privy-Chamber to prepare her self in her Parliament-Robes during which time the Lords and Justices put on their Parliament-Robes and took their places And upon the upper Woollsack sate the Lord Keeper till the Queen came and then went to his place at the Rail on the right hand of the Cloth of State On the Woollsack on the Northside sate Sir Robert Catlin and Sir James Dyer the two Chief Justices and Richard Read under and M r Gerrard the Queens Attorney On the Sack on the Southside sate Sir William Cordall Master of the Rolls Justice Brown Justice Welsh and Serjeant Carus On the Westside sate Vaughan and Talc Masters of the Chancery M r Spilman Clerk of the Parliament M r Powle Deputy and Joint-Patentec with M r Martin Clerk of the Crown afore which Sack stood a little Table Then the Queens Majesty being Apparelled in her Parliament-Robes with a Caul on her Head came forth and proceeded up and took her Seat the Marquess of Northampton carrying the Cap of Maintenance and stood on her right hand and the Earl of Westmorland the Sword at her left hand with the Heralds and Serjeants at Arms before her the Queens Mantle born up on either side from her Arms by the Earl of Leicester and the Lord of Hunsdon who always stood still by her for the assisting thereof when she
at and if offences were then her Majesties Clemency and Mercy the more to be commended Misericordia ejus super omnia opera ejus Besides like as it hath pleased God ten years and more by the Ministry of our said Soveraign to bless this Realm with those two inestimable benefits of Peace and Clemency so there is no cause but the same might by Gods Grace have continued twenty Years longer without intermission had not the Raging Romanist Rebels entertained the matter And here it is to be noted that this Merciful and Peaceful Reign of ten Years and more hath hapned in the time of Christs Religion now established I cannot think that any man can follow me in this in the time of the Romish Religion since the Conquest Nay a man might affirm that this is an Example for times to come without any like in times past comparing Singula singulis what should I say these be the true Fruits of true Religion I could further remember you of the Fruits of Justice the benefit of restoring your Money to Finess yea I could put you in mind but I think it needs not it happened so late of a Subsidy granted whereof the Queens Majesty of her own bountifulness remitted the one half was the like here in England ever seen or heard of But being out of doubt that these benefits already remembred be sufficient of themselves to move you to be thankful to your Power I leave any longer to detain you in this point And albeit a Subject cannot yield any benefit to his Soveraign in the same nature that he receiveth it because every benefit is more than Duty and more than Duty a Subject cannot yield to his Soveraign Yet can it not be denied but a Subjects acknowledging of benefits received joined with good will to yield as far as Liberty will reach doth sufficiently satisfie for the Subject for ultra posse non est esse To your best actions therefore address ye And thus much concerning benefits Now to the second part concerning urging by Necessity true it is that the extraordinary matters of Charge happened since the last Assembly here urging to have by necessity a relief granted amongst many others be these First The great Charge in suppressing the late Northern Rebellion with Charges also in reforming those the Queens Majesties Enemies in Scotland that assisted the Rebels and made Rodes into England The continual growing Expences by reason of Ireland as in subduing the Rebels within that Realm and withstanding the Scots Northward and other Foreign Forces intending Invasion Southward To these three Charges by Land you may add a fourth by Sea as the preparation and setting forth of Ships partly for the defence against all Foreign Forces suspected and intended partly for the safe conducting of the Wares and Merchandizes in greater strength and longer cut than heretofore hath been used These and such like extraordinary Charges whereof there be sundry with the remains of old Charges not possible to be born by the ordinary Revenue and yet of necessity to be expended do greatly exceed any extraordinary aid therefore commonly granted Again the great decay of the Queens Majesties Customs by reason of stay and alteration of Traffick albeit upon just occasion hath bred no small want for although in time it is not to be doubted but that will grow again to his old course and continue with great Surety Yet in the mean time this want must some way be supplied for you know the Horse must be provided for whilst the Grass is in growing At the least let us do so much for our selves as we do for our Horses For our selves it is that are to be relieved in this Case This I must needs say that if the Queens Majesty did use in matters of Expence to do as commonly Princes heretofore have used to do then with the more difficulty might such extraordinary aid be assented unto and yet of necessity to be had to withstand a greater necessity It hath been used in times past that Princes pleasures and delights have been commonly followed in matters of Charge as things of necessity And now because God be praised the relieving of the Realms necessity is become the Princes Pleasure and Delight a noble Conversion God continue it and make us as we ought to be earnestly thankful for it A Princely Example shewed by a Soveraign for Subjects to follow To descend in some particulars What need I to remember unto you how the gorgeous sumptuous superfluous Buildings of time past be for the Realms good by her Majesty in this time turned into necessary Buildings and upholdings The chargeable glittering glorious Triumphs into delectable Pastimes and Shows Embassadors of Charge into such as be void of excess and yet honourable and comely These and such like are dangerous dams able to dry up the flowing Fountains of any Treasure and yet these imperfections have been commonly Princes Peculiars especially young One free from these was accounted Rara avis c. and yet God be thanked a Phoenix a Blessed Bird of this kind God hath blessed us with I think it may be affirmed and that truly that there hath not been any matter of great Charge taken in hand by her Majesty in this happy Reign of twelve Years and more that hath not been thought before convenient to be done for the Weal and profit of the Realm so far her Highness is from spending of Treasure in vain matters and therefore the rather how can a man make any difficulty to contribute according to his Power specially in maintaining of his Sovereign his Country his Self his Wife and Children and what not having so long a proof by experience of such an imployment Here I would put you in mind of extraordinary Charges to come which in reason seems evident but so I should be over tedious unto you and frustra sit per plura quod sieri potest per pauciora And therefore here I make an end doubting that I have tarried you longer than I promised or meant or perchance needed your wisdoms and good inclinations considered But you know things are to be done both in form and matter And my trust is that if I had stayed I may be warranted by either or by both that you will take it in good part Thus far out of the Copy of this foregoing Speech As soon as the Lord Keepers Speech was ended then the Clerk of the Upper House read the names of Receivers and Tryers of Petitions in French whose names are transcribed out of the Original Journal-Book of the Upper House and were as followeth Sir Robert Catlin Knight Chief Justice of the Kings Bench Sir William Cordell Knight Master of the Rolls Sir John Widden Knight one of the Justices of Sir Richard Read Knight and D r Huick who were Receivers of Petitions for England Ireland Wales and Scotland Receivers of Petitions for Gascoigne and the parts beyond the Seas and the Isles Sir James Dyer Knight
them one reading of which the last being the Bill for the County Palatine of Durham and the Isle of Ely was upon the second reading committed to the Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Northumberland the Bishop of London and others Dominus Thesaurarius in absentia Domini Custodis magni Sigilli continuavit praesens Parliamentum usque in diem Lunae prox hora nona Nota That there appeareth no Commission or other Authority in the Original Journal-Book of the Upper House by which the Lord Treasurer supplied the Lord Keepers place but most probable it is that either the Commission it self is negligently omitted by Anthony Mason Esquire at this time Clerk of the same House or that the Lord Treasurer did continue it only upon her Majesties verbal Authority and Command as it is very likely the Lord Chief Justice did supply the Lord Keeper's place on Thursday the 5 th day of June in the first Session of this very Parliament in Anno 14 Reginae Eliz. And it is certain that Sir Nicholas Bacon Lord Keeper of the Great Seal growing at this time after which he did not long live both Aged and Sickly gave occasion to her Majesty by reason of his weakness to Authorize others more frequently to supply his place than it is otherwise likely she would have done Vide Consimil Mar. 4. in An. 1 Eliz. On Monday the 5 th day of March to which day the Parliament had been on Saturday last continued seven Bills of no great moment had each of them one reading of which the last being the Bill touching the Lord Viscount Bindou and Henry Howard his Son was read secundâ vice commissa ad ingrossandum Seven Bills were brought up to the Lords from the House of Commons of which one was for the assurance of certain Lands to Sir John Rivers Knight and another for the perpetual maintenance of Rochester-Bridge Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Tuesday the 6 th day of March Four Bills of no great moment had each of them one reading of which the first being the Bill for setting the poor on work and for avoiding of Idleness was read the second time but no mention made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the House of Commons The Bill for the true Tanning and Currying of Leather was sent up to the Lords from the House of Commons Two Bills also of no great moment had each of them one reading of which the first being the Bill touching Viscount Bindon and Henry Howard his Son was read tertiâ vice Three Bills were brought up to the Lords from the House of Commons of which the first was for the repairing of Chepstow-Bridge and the third was the Bill for Reformation of the Jeofails Two Bills finally had each of them one reading of which the second being the Bill whereby certain Authority was given to the Justices of the Queens Majesties Parks Forests and Chases was read secundâ vice commissa ad ingrossandum Dominus Thesaurarius continuavit praesens Parliamentum usque in diem prox hora nona On Wednesday the 7 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill for the restitution in Blood of John Lord Stourton his Brother and Sisters was read tertiâ vice conclusa and sent to the House of Commons by D r Yale and D r Barkley Four other Bills also had each of them one reading of which the third being the Bill whereby certain Authority was given to the Justices of the Queens Parks Forests and Chases was read tertiâ vice conclusa and sent to the House of Commons by Doctor Yale and M r Powle Clerk of the Crown Five Bills were sent up to the Lords from the House of Commons of the which one was for the Confirmation of Letters Patents with certain Amendments and another for avoiding of sraudulent Gifts by the late Rebels in the North. The Bill lastly for the Trial of Nisi prius in the County of Middlesex was read secunda vice but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the House of Commons Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Crastinum horâ nonâ On Thursday the 8 th day of March Four Bills were brought up to the Lords from the House of Commons of which the first being the Bill for maintenance of the Colleges in the Universities of Winchester and Eaton and the second against buying and selling of Rooms and Places in Colleges and Schools were each of them read primâ vice Three Bills also of no great moment had each of them one reading of which the first being the Bill for setting the poor on work and for the avoiding of Idleness was read tertia vice conclusa with a Proviso added by the Lords and certain Amendments and sent to the House of Commons by D r Vaughan and D r Yale Dominus Thesaurarius continuavit praesens Parliamentum usque in horam secundam post meridiem About which hour the Lords Spiritual and Temporal Assembling Ten Bills of no great moment had each of them one reading of which the third being the Bill for the Toleration of certain Cloths in Com. Wilts Somers and Dors. the fifth for Reformation of Disorders in common Informers the sixth for the payment of Tythes in the Town of Reading in like sort as it is in the City of London the seventh touching Benefices Impropriate the eighth for reformation of Abuses in Goldsmiths and the last being the Bill for the reformation of Jeofailes were each of them read the second time but no mention is made that they were either referred to Committees or Ordered to be ingrossed because they had been formerly sent from the House of Commons Four Bills were sent up to the Lords from the House of Commons of which one was for the making of certain Denizens and another for avoiding fraudulent Gifts and Conveyances made by the late Rebels in the North. On Friday the 9 th of March Six Bills of no great moment had each of them one reading of which the fifth being the Bill for the repairing and amending of Highways and Bridges near unto Oxford and the sixth and last being the Bill that the Plaintiff shall be sworn upon his Bill as the Defendant is sworn upon his Answer was read secundâ vice but no mention is made that they were either Ordered to be ingrossed or referred to Committees because they had been sent from the House of Commons Two Bills were brought up to the Lords from the House of Commons of which the first being the Bill for the Hospital at Leicester was returned conclusa Four Bills of no great moment lastly had each of them
Hoddy Mr. French Mr. Alford and Mr. Norton to meet to Morrow in the Afternoon at three of the Clock in the Exchequer Chamber Certain Amendments in the Bill of Rogues c. reported by Mr. Treasurer upon the last Committee of the Bill which amendments were read and thereupon the Bill Ordered to be ingrossed Two Bills lastly had each of them their first reading of which the latter was the Bill for Trials by Juries Edward Smalley Servant unto Arthur Hall Esq being this day brought to the Bar in the House by the Serjeant of this House and accompanied with two Serjeants of London was presently delivered from his Imprisonment and Execution according to the former Judgment of this House and the said Serjeants of London discharged of their said Prisoner and immediately after that the said Serjeants of London were sequestred out of this House and the said Edward Smalley was committed to the charge of the Serjeant of this House And thereupon the said Edward Smalley was sequestred till this House should be resolved upon some former Motions whether the said Edward Smalley did procure himself to be Arrested upon the said Execution in the abusing and contempt of this House or not Vide Mar. 10. Saturday postea All the Privy-Council being of this House the Lord Russell Mr. Captain of the Guard Mr. Wilson Mr. Lieutenant of the Tower Sir William Winter Mr. Serjeant Lovelace Sir Henry Knivett Mr. Crooke Mr. Coleby Mr. Popham and Mr. Norton were appointed to meet upon Friday next in the Afternoon at three of the Clock in the Exchequer Chamber but through the great negligence of Fulk Onslow Esquire at this time Clerk of the House of Commons the business about which the foresaid Members of the House were appointed to meet doth not at all appear On Wednesday the 29 th day of February Seven Bills of no great moment had each of them one reading of which one being the Bill for Chepstow-Bridge another for Rochester-Bridge and the third for the Town of Reading were each of them read the third time and upon the Question passed the House Upon a Motion made by Robert Bainbrigge Gent. one of the Burgesses for the Borough of ..... in the County of ..... against one Williams as well for sundry unsitting Speeches pronounced by the said Williams in misliking of the present State and Government of the Realm and also for threatning and assaulting of the said Robert Bainbrigge the Serjeant of this House was thereupon by Order of this House presently sent for the said Williams to be brought unto this House to Answer such matters as shall be objected against him Two Bills of no great moment had each of them one reading of which the second being the Bill against excess in Apparel was read the first time The Petition and Motions made touching the reformation of Discipline in the Church was committed only to all the Privy-Council of this House Vide concerning this matter on Friday the 10 th day of March ensuing Mr. Sollicitor and Mr. Doctor Berkley brought from the Lords four Bills of which the first was the Bill for the assurance of the Mannor of New Hall to Thomas Earl of Sussex the second for the appointing of Justices in the Shires of Wales the third concerning Offices found in the Counties Palatines and the last for the assurance of certain Lands unto Sir John Ryvers Knight All the Privy-Council being of this House the Lord Russell the Masters of the Requests Sir Thomas Scott Sir Henry Gates Sir Henry Wallope and divers others were appointed to meet this Afternoon in the Exchequer Chamber between two and three of the Clock and agree touching the nature of the Petition to be made to the Queens Majesty upon the Motions for reformation of Discipline in the Church and that the matter of the Petition so agreed upon then those of the Privy-Council only to move the same to the Lords of the Privy-Council after report first made thereof to this House Vide concerning this matter on Friday the 10 th day of March following Walter Williams being brought to the Bar confessed that he did strike Mr. Bainbrigge and that he offered to strike at him with his Dagger Whereupon it was Ordered that he remain in the Serjeants Ward till the Order of this House be further known to Morrow Vide. On Thursday the first day of March Seven Bills of no great moment had each of them one reading of which one being the Bill for the true making of Woollen-Cloths another for Kentish and Suffolk Cloths and another for toleration of certain Clothiers in the Counties of Somerset Wilts and Gloucester were each of them read the first time and thereupon committed to the former Committees who were nominated on Thursday the 16 th day of February foregoing and unto Sir Thomas Scott Mr. Serjeant Lovelace Mr. Savile Mr. Peacock Mr. Gargrave Mr. Mickleborn Mr. Langley and Mr. S t John to meet this Afternoon in the Star-Chamber at two of the Clock as also to conser touching the unlawful ingrossing of Woolls Two Bills also had each of them their first reading of which the second was the Bill against common Promoters Sir Richard Read and Mr. Doctor Vaughan brought from the Lords the Bill for the payment of Tythes within the Parish of Hallifax and the other to take away the benefit of Clergy from Offenders in Rape and Burglary Martin Cole one of the Burgesses for Sudbury in the County of Suffolk was this day Licensed by Mr. Speaker for his great business to be absent for four days The Bill lastly for setting the poor on work and for avoiding of idleness was read the third time and passed the House On Friday the second day of March Six Bills of no great moment had each of them one reading of which the second being the Bill for assurance of certain Lands to Sir John Rivers K t was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been formerly sent from the Lords The Bill against wearing of unlawful Weapons was twice read and committed thereupon unto Mr. Comptroller Sir Henry Radcliffe Sir Thomas Scott Sir Henry Knivett Sir Henry Gates and others to be considered of presently Two Bills also had each of them one reading of which the second being the Bill against the buying and selling of rooms and places in Colledges Schools c. was read the first time Mr. Treasurer one of the Committees for the Petition touching reformation of the Discipline of the Church reported that he and the residue of the Committees have met and agreed upon a Bill to be made for that purpose which Bill was then offered and received in the said House and then read accordingly Vide concerning this matter on Friday the 9 th day of this instant March ensuing The two Bills viz. for maintenance of Colledges and against buying and selling of rooms and places in Schools
first time M r Doctor Vaughan and M r Doctor Yale brought from the Lords the Bill for setting the Poor on work and for avoiding of Idleness with certain amendments and a Proviso M r Treasurer one of the Committees in the Lady Wainman's Cause reported that both the Parties have submitted themselves to the Arbitrement of the Lord Treasurer the Lord Chamberlain the Earl of Leicester M r Treasurer M r Comptroller M r Chancellor of the Dutchy and M r Captain of the Guard or the most part of them to be made within one Year next after the Session of this present Session of Parliament for the performance and accomplishment of the same Arbitrement A Proviso with some Amendments was offered to the Bill for reformation of Inholders common Cooks and Tavern Keepers and being twice read after the Question was upon the Division of the House by the advantage of the number of forty persons Ordered to be ingrossed and added to the Bill and then afterwards upon another Question and like Division of the House the Bill with the Proviso was dashed with the difference of twenty eight persons Post Meridiem In the Afternoon the Master of the Rolls and M r Serjeant Barham did bring from the Lords a Bill for the appointing of Wharfs and Keys for the unlading and discharging of Merchandizes and withal a Message from them that some of this House may be appointed to have Conference with some such of their Lordships as shall be thought meet touching such private Bills in both Houses as upon their Conference together shall be thought fittest to be Examined whereupon it was Ordered that twelve of this House shall be appointed for that purpose viz. M r Treasurer M r Captain of the Guard M r Wilson Master of the Requests Sir Henry Ratcliffe Sir Rowland Hayward Sir Thomas Scott Sir John Thynne Sir Henry Wallope Sir George Penrudock M r Popham M r Sampoole and M r Yelverton The Bill concerning Authority given to the Justices of the Queens Majesties Forests Chaces and Parks was read the second time and committed this day afterwards The two Bills for Denizens and the Bill for Presentations by Lapse being amended were sent up to the Lords by M r Treasurer and others M r Serjeant Barham and M r Doctor Vaughan brought word from the Lords that their Lordships do require that the Committees of this House may confer with them to Morrow in the Morning before eight of the Clock in the Parliament Chamber M r Comptroller M r Chancellor of the Exchequer M r Captain of the Guard Sir Henry Gates Sir Henry Ratcliffe Sir Thomas Barrington Sir Nicolas Arnold Sir Henry Knivett M r Recorder of London M r Sampoole M r Stanhoppe M r Crooke M r Snagg M r John Vaughan M r Serjeant Jeffries M r Serjeant Lovelace M r Edward Horsey M r Robert Wroth M r Colby M r Topclyffe M r Bowyer M r John S t John M r Dawney M r Robert Colshill M r Digbie and M r Birkhed were appointed in Committee for the Bill concerning certain Authority given to the Justices of the Queens Majesties Forests Chaces Parks and Warrens Nota That this Bill having been sent down from the Lords to the House of Commons on Wednesday the 7 th day of this instant March foregoing should without all question never have been referd to Committees upon the second reading this instant Thursday except the said House of Commons had taken such just exceptions at the same as they afterwards made known to a Committee of the Lords and by reason of which finally the same was stopped from further passing The further carriage and proceeding of which business being wholly omitted in the Original Journal-Book of the House of Commons through the great negligence of Fulk Onslow Esq at this time Clerk of the same I have thought good to supply it out of a written Memorial or Copy thereof I had by me because it may appear upon what just grounds and solid reasons the Members of the said House did refuse to pass the said Bill and although it doth not certainly appear whether the said Proceedings in the said Bill between the Committees of either House were this day or no yet I have referred it thereunto as the most probable and likely time in respect that there is no further mention made of this Bill or business in either of the Original Journal-Books of the Upper House or House of Commons upon any ensuing day during this present Session of Parliament These things being thus premised the foresaid Memorial or written Discourse of this business doth now ensue to be inserted The Committees before-named having upon deliberate consideration of the parts and of the scope of the said Bill touching Authority to be given to the Justices of the Queens Majesties Forests c. found the same not convenient to proceed did nevertheless out of their respect unto the Lords from whom the Bill had been sent down desire first to satisfie them before they utterly refused and dashed the said Bill and did thereupon send unto their Lordships who as it appeareth by the Original Journal-Book of the Upper House did this Afternoon sit to offer them Conference which they accordingly accepted and thereupon there did assemble in a place appointed as Commissioners or rather as Committees for the Lords the Earl of Sussex the Earl of Rutland the Earl of Leicester the Lord Grey of Wilton and the Lord Hunsdon having for their assistance standing by the two Chief Justices and the Queens Attorney General upon these the foresaid Committees of the House of Commons by Order of the same House gave their attendance and by Sir Walter Mildmay K t Chancellor of the Exchequer the second of the said Committees in the name and by consent of the rest said to the Lords in effect as followeth viz. That whereas a Bill touching the enlargement of the Justices of Forest-Authority had passed from their Lordships and was sent to the House of Commons the same had received there two readings and upon the second reading was greatly impugned by many Arguments made against it nevertheless the respect they had to their Lordships moved them to stay any further proceeding therein to the hazard of the Bill until by some Conference with their Lordships the House in such things as were objected might be satisfied To that end he said the House of Commons had sent them to attend upon their Lordships and so entring into the matter said That of many things spoken to the hindrance of the Bill they would trouble their Lordships but with some few such as they had noted to have been of most value by which he said their Lordships should find that the House of Commons did take the Bill to be unnecessary chargeable dangerous obscure For the first that whereas in the preamble of the Bill it was pretended that one principal cause of this Act was that the Justices of the Forests having no Authority to sit
Chief Baron had not committed any contempt against this Right Honourable Court And further Ordered 13 o die Decembris that the appearance of the same James Diggs by rendring himself into the Exchequer was and should be a sufficient discharge of his Sureties and their Bonds and that the Bonds shall be redelivered Provided nevertheless that for as much as the said James Diggs was not Arrested in Execution at the Suit of Richard Howe but was committed after Judgment by the Barons of the Exchequer upon a Reddit se for discharge of his Sureties It is therefore further Ordered by the said Lords that touching the sum of money recovered by the said Howe against the said James Diggs the said Howe and James Diggs shall stand to such Order as the Lord Chief Baron and other of the Barons of the Exchequer shall set down for the same Vide more afterwards concerning this matter upon Monday the 14 th and on Tuesday the 15 th day of this instant December following On Thursday the third day of December to which day the Parliament had been on Tuesday last continued the Bill for fit and convenient places for landing and shipping of Merchandize was read secunda vice and then committed to the Lord Treasurer and others and to the two Senior Barons of the Exchequer Nota That here two Judges who are but Assistants unto the Upper House are made joint Committees with the Lords On Friday the 4 th day of December Two Bills were sent up to the Lords from the House of Commons of which the first being an Act for the maintenance of Navigation was read prima vice and the second touching the Clothiers of Essex was read prima secunda vice and then committed On Saturday the 5 th day of December Three Bills of no great moment had each of them one reading of which the second being the Bill for the Inning of Erith and Plumsted Marsh was read secunda vice and committed unto three Earls one Bishop and five Barons which Committees did appoint to hear amongst themselves as well the Parties Owners as Inners touching the same Bill The Bill also concerning the Essex Clothiers which had been sent up yesterday to the Lords from the House of Commons was this day upon the third reading and conclusion thereof sent back again thither On Monday the 7 th day of December to which day the Parliament had been last continued two Bills had each of them one reading the first for maintenance of Navigation and the second for increase of Mariners Two Bills also were sent up to the Lords from the House of Commons the one touching the Essex Clothiers the other for the better and more reverent observing of the Sabbath day Nota That this Bill concerning the Sabbath day was long in passing the two Houses being committed and amendments upon amendments added unto it as Vide afterwards on Tuesday the 8 th day on Monday the 14 th day and on Saturday the 19 th day of this instant December ensuing as also on Wednesday the third day and on Saturday the 6 th day of March following Vide etiam on Wednesday the 9 th day of this instant December foregoing Whereas the Lord Viscount Bindon moved the Lords for the priviledge of the House for Robert Finnies alledging that he was his Servant the Lords gave Commandment to the Gentleman-Usher to go to the Counter in Woodstreet where the said Robert Finnies then lay upon an Execution and to bring him and the Parties that Arrested him before them And this day the said Lords after the hearing of the Cause thought it not convenient that the said Robert Finnies should enjoy the priviledge of this House as well because he claimed not the priviledge when he was first Arrested nor in the Counter when he was charged with the Execution as also for that he was not a menial Servant nor yet ordinary Attendant upon the said Viscount And further Ordered that the Officers of the Sheriffs of London should take again in Execution the said Finnies and convey him to the place from whence he came and that the bringing of the said Finnies before the said Lords at their Commandment should not be in any wise prejudicial to the Sheriffs or their Officers On Tuesday the 8 th day of December the Bill for the better and more reverent observing of the Sabbath day was read prima vice Vide concerning this Bill on Monday the 7 th day of this instant December foregoing On Wednesday the 9 th day of December Five Bills had each of them one reading of which the first being the Bill for the increase of Mariners was read the second time and thereupon committed And the second of the said Bills being for the better and more reverent observing of the Sabbath day was read the second time and committed to the Archbishop of Canterbury the Lord Treasurer the Lord Steward the Earl of Kent the Earl of Darby the Earl of Sussex the Earl of Bedford Viscount Mountague the Bishop of London the Bishop of Winchester the Bishop of Salisbury the Bishop of Chester the Lord Chamberlain the Lord Zouch the Lord Willoughby the Lord Grey the Lord North the Lord Norris the Lord Chief Baron and Justice Windham Nota That here two Judges being here meer Assistants of the Upper House were made joint Committees with the Lords whereas of later times they are always Commanded to attend the Lords Committees of which also there was another Precedent this Morning The Bill to provide remedy against fraudulent means used to defeat Wardships Liveries and primier seisin was read secunda vice and committed to the Lord Treasurer being Master of the Wards to two Earls Viscount Mountague two Bishops five Barons the two Chief Justices and the Queens Attorney The continuance or Adjournment of the Parliament this day is not at all Entred in the Original Journal-Book which seemeth to have happened through the Clerks negligence On Thursday the 10 th day of December Three Bills of no great moment had each of them their first reading of which the first was concerning Sir Thomas Lucy Knight and others On Saturday the 12 th day of December to which day the Parliament had been on Thursday last continued Five Bills of no great moment had each of them one reading of which the last being the Bill to provide remedy against fraudulent Conveyances and another concerning certain assurances of Sir Thomas Lucy and others were after the third reading sent down unto the House of Commons A Bill lastly being for the assurance of certain Lands unto George Chewne Esquire and others in Fee-simple was sent up to the Lords from the House of Commons On Monday the 14 th day of December to which day the Parliament had been on Saturday last continued the Bill for the better and more reverent observing of the Sabbath day with certain amendments was read tertiâ vice and with another bill of no great moment was sent down to the
horâ consuetâ On Monday the 15 th day of February to which day the Parliament had been last continued on Thursday foregoing four Bills of no great moment had each of them their first reading of which the first was a Bill for returning of Justices Jurors and for expedition of Trials The Lords Ordered that Edward Fisher and Katherine his Wife should personally appear before them on Wednesday next the 17 th day of this instant February for the better satisfying of their Lordships of their consent to the passing of a Bill Entituled An Act for the assurance of certain Lands unto George Chewne Giles Flood Christopher Puckering and their Heirs Vide concerning this matter on Wednesday the 17 th day of this instant February ensuing The Lords also Ordered that the Master of the Rolls the Lord Chief Baron Justice Gawdy and Baron Shute should have the hearing of the matter of the Writ of Error between Akrode c. and M r Whawley On Tuesday the 16 th day of February Four Bills of no great moment had each of them one reading of which the first being the Bill for the continuance of a former Statute Intituled An Act to redress disorders in common Informers upon penal Laws made in the eighteenth year of the Queens Majesties Reign was read tertiâ vice communi omnium Procerum assensu conclusa Six Bills of no great moment had each of them one reading and had been brought to the Lords from the House of Commons of which the first was the Bill against Class-Houses and making of Glass by Aliens born On Wednesday the 17 th day of February Five Bills of no great moment had each of them one reading of which the last save one being the Bill concerning the Lord Dacres and the Lord Norris was read tertia vice conclusa and sent to the House of Commons by Serjeant Rodes and the Queens Attorney Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon At which time as the Lords had Ordered M r Edward Fisher with his Councel viz. M r Serjeant Walmesley and M r Cowper appeared before them The Lords having heard the consent of the said Edward Fisher to the passing of the Bill Intituled Au Act for the assurance of certain Lands unto George Chewne c. and their Heirs committed again the said Edward Fisher to the Custody of the Warden of the Fleet and further Ordered that the bringing of the said Edward Fisher before their Lordships at their Commandment should not in any wise be prejudicial to the said Warden The said Edward Fisher and his Councel made two Petitions to the Lords the one that the Preamble of the Act alledging the cause of the making of the same Act to be for doubtfulness of his ill dealing because he was judged in the Star-Chamber to have made two false and forged Writings to the prejudice of the said Bargains might be amended and that the same might be taken out of the Act and not to remain in perpetual memory of his shame for ever The second that Serjeant Puckering to whose behalf the said Lands were sold having him and his Lands in Execution upon a Statute of eight thousand pound for not performance of the Covenants of the same yet also enjoying the Lands sold would release him the said Execution and take a new Statute in that behalf to which the said Serjeant Puckering whom the cause chiefly concerned being present by the appointment of the Lords answered as to the first request That if to alter or take out of the said Act the said Preamble being parcell of the Bill and matter passed from the House of Commons to this Honourable House in that form should be no hurt or prejudice to the Bill so passed from the Lower House to the Lords he was well content therewith and therein submitted himself to their honourable Lordships And as to the second Request he Answered That whensoever the said Edward Fisher shall have cleared and discharged the said Lands and Tenements by him bargained and sold as aforesaid of and from all Statutes Staple and Recognizances charges and incumbrances liable or chargeable upon the same then he having a new like Recognizance in nature of a Statute Staple made unto him by the said Edward Fisher of the sum of eight thousand pound for performance of Covenants mentioned in the said Indenture of Bargain and Sale from thenceforth to be performed unto which Recognizance all the Lands and Tenements of the said Edward Fisher which shall not be sold for the payment of his Debts shall be liable and chargeable and that there were no former Statutes and Recognizances knowledged by the said Edward Fisher to the prejudice of the same he was contented then after that done to discharge the said new Execution having and takeing a new Recognizance in form aforesaid Vide concerning this matter on Monday the 15 th day of this instant February foregoing On Thursday the 18 th day of February Nine Bills of no great moment had each of them one reading of which the two first were upon the third reading concluded and sent down to the House of Commons by Serjeant Rolls and D r Carey the one being the Bill to explain the Statute concerning Tellors and Receivors c. made An. 13 Reginae Eliz. and the other being for the better relief of the Hospital of Eastbridge within the City of Canterbury Nota That the Original Journal-Book of the House of Commons sets down a third Bill assented unto and concluded at this time The last of the said Bills touching divers Assurances made by the Bishop and Dean and Chapter of Exeter was read secunda vice commissa Archiepiscopo Eboracen Comiti Sussex Episcopo Exon. Domino Stourton Domino Buckhurst On Saturday the 20 th day of February to which day the Parliament had been on Thursday last continued a Proviso added by the House of Commons to the Bill concerning certain assurances of Sir Thomas Lucy and others was read and concluded The Bill also to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and his Wife during the Minority of the said Johan and Anne to be void against the said Anne was read secundâ vice The Lords appointed Monday next in the Afternoon for the hearing of the Cause and have given Order that the Parties shall have warning to be then there with their Councel by two of the Clock in the Afternoon Five other Bills also of no great moment had each of them one reading of which the fourth being the Bill for the well-ordering and governing of the Savoy was read the third time and sent to the House of Commons On Monday the 22 th day of February to which day the Parliament had been last continued on Saturday foregoing Five Bills of no great moment had each of them one reading of which the first being the Bill for preservation of Grain and Game with
another Bill against Moor-burning in the Counties of Northumberland Cumberland Westmerland and Durham with an amendment added unto it by the Lords were upon the third reading sent down to the House of Commons by Serjeant Rolls and Doctor Ford. Three Bills also had each of them one reading being brought from the House of Commons of which the first was for redress of erroneous Judgments in the Court called the Kings-Bench Then the Lord Chancellor continued the Parliament unto two of the Clock in the Afternoon at which time the Lords Assembling themselves two Bills of no great moment had each of them one reading of which the first being against Glass-Houses and making of Glass by Aliens born was read the first time This Afternoon also the Lords having heard the Councel of both Parties touching the Bill Intituled An Act to make a Fine levied by Peter Heam and Johan his Wife and Tredolias Leza and Anne his Wife during the minority of the said Johan and Anne to be void against the said Anne for a more speedy end of the said cause with the consent of the said Parties committed the matter to the hearing of certain of the Lords which should be named by the Parties themselves The Plaintiff Anne did chuse the Lord Treasurer the Earl of Arundell the Bishop of Salisbury and the Lord North and M r Vinion the Defendant chose the Lord Steward the Earl of Bedford the Bishop of Exeter and the Lord Buckhurst And further Ordered that the said Lords should end the matter between the Parties if they could and if they could not then to certifie the State of the matter as they found it to the whole House And the Lord Chief Justice and the Lord Chief Baron were appointed to attend the Lords On Tuesday the 23 th day of February Six Bill s of no great moment had each of them one reading of which the first being the Bill for the furtherance of Justice was read prima vice Two Bills also were sent up to the Lords from the House of Commons of which the first was concerning the Jointure of the Countess of Huntington On Wednesday the 24 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for the better assurance of her Majesties Letters Patents granted for the better foundation of the Hospital called Sherborn-House was read prima vice Commissa Archiepiscopo Eboracen Episcopo London Domino Darcy Domino Evers the Lord Chief Baron and Justice Gawdy On Thursday the 25 th day of February Three Bills of no great moment had each of them one reading of which the first being the Bill for Confirmation of her Majesties Letters Patents to the Masters Fellows and Scholars of Clare-Hall in Cambridge was read secunda vice but no mention is made whether it was Ordered to be ingrossed or referred to Committees On Saturday the 27 th day of February to which day the Parliament had been on Thursday last continued the Bill for following of Hue and Cry was read secunda vice and committed to one Earl three Lords the Lord Chief Baron and one Judge Where still Nota the Judges are joint Committees with the Lords One Bill also touching Plymouth-Haven was sent up to the Lords from the House of Commons And three other Bills of no great moment the first concerning Rochester-Bridge was read secunda vice On Monday the first day of March to which day the Parliament had been on Saturday last continued Four Bills of no great moment had each of them one reading of which the first being the Bill for returning of sufficient Jurors for the better expediting of Trials was read tertia vice and concluded The Master of the Rolls and M r Serjeant Rodes were appointed Committees to hear the matter between M r Vinion and M r Tredolias Leza and his Wife and Commission given to the said Committees to end the matter between the Parties if they could and if they could not then the Parties with their Councel to be before the Lords at this House upon Thursday next Two Bills lastly had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. was read secunda vice with certain Amendments and a Proviso added by the Lords On Wednesday the third day of March to which day the Parliament had been last continued on Monday foregoing Four Bills of no great moment had each of them one reading of which the first being the Bill against Jesuits Seminary Priests c. with the Amendments and Provisoes added by the Lords was read tertia vice conclusa and sent to the House of Commons by Serjcant Rodes and the Queens Attorney Two Bills also were sent up to the Lords from the House of Commons of which the last was the Bill for the repairing and maintenance of the Sea-Banks and Sea-Works on the Sea-Coast in the County of Norf. Committees were appointed to hear the matter between the Lord Willoughby and M r Heronden who were chosen by the Parties themselves viz. the Earl of Kent and the Lord Zouch for the Lord Willoughby and Viscount Mountague and the Lord Cobham for M r Heronden And the Lords further Ordered that the said Lords Committees should end the matter between the said Parties if they could Committees lastly were this day Chosen to examine the Record touching passing Amendments of Amendments moved by the House of Commons viz. the Lord Treasurer the Earl of Suff. Viscount Mountague the Bishop of Winchester the Lord Hunsdon the Lord Buckhurst the Master of the Rolls and M r Attorney about the Bill for the better and more reverent observing of the Sabbath day to which the House of Commons had added Amendments upon Amendments The Precedents they named were the Bills for Treasons and bringing in of Bulls Acts passed in Anno 13 o of the Queen Nota That this Bill concerning the Sabbath as hath been before observed was long in passing the two Houses and much debated betwixt them being committed and Amendments upon Amendments added unto it which as appeareth in this place was the cause of some Disputation between the Lords and the said Commons Of the other several Passages of this Bill Vide on Monday the 7 th day Tuesday the 8 th day Wednesday the 9 th day Monday the 14 th day and on Saturday the 19 th day of December foregoing As also on Thursday the 4 th day Saturday the 6 th day and on Saturday the 13 th day of this instant March following Nota also That the Master of the Rolls and the Queens Attorney being no Members of the Upper House are here made joint-Committees with the Lords On Thursday the 4 th day of March Three Bills of no great moment had each of them one reading of which the first being the Bill for the assurance of certain Lands in the Counties of Norsolk Suff. Lincoln and Warwick unto the Lord Willoughby of Willoughby
Lordships by M r Treasurer and others from the said House The Bills lastly for reformation of Informers and for Actions upon the Case to be brought in their proper Counties were appointed to be dealt in in the Exchequer-Chamber at two of the Clock this Afternoon by the Committees of the same Bills upon warning thereof given unto them by this House at the motion of M r Chancellor of the Exchequer On Monday the 7 th day of December three Bills of no great moment had each of them their first reading of which the second being the Bill concerning the Town of Richmond was rejected upon the Question Quod nota The third Bill also being for the assurance of certain Messuages and Lands late Edward Fishers unto George Chewne Esquire and others in Fee simple was upon the first reading committed unto M r Recorder M r Morrice M r Sandes and M r Clement Fisher and it was Ordered That the said M r Edward Fisher shall have word thereof by the Serjeant of this House this present day and a reasonable time given him to attend upon the said Committees and to be heard if he will what he can say why the said Bill should not pass this House Nota also that this Bill was here committed upon the first reading De qua vide plus on Monday the 22 th day of February following M r Chancellor of the Exchequer in the name of himself and the other Committees for the Bill for reformation of disorders in common Informers shewed that they had met together and had conference touching the same Bill and have in some parts amended the same and added thereunto and so offered it to the House Whereupon the said Bill being with the amendments and additions twice read was ordered to be ingrossed The Bill for the more reverent observation of the Sabbath day and the Bill concerning Boxted Clothes with the amendments and additions of the Lords allowed and thrice read and passed were sent up unto them by the House of Commons by Mr. Comptroller and others Vide plus concerning the Bill of the Sabbath on Wednesday the 17 th day of March following The Committees in the Bills for Hue and Cry for true answering of Tithes and against Tryals by partial Juries were appointed to meet in the Middle Temple-Hall to morrow at two of the Clock in the Afternoon upon Consideration that the most part of the Committees are to meet this Afternoon in the great Committee M r Comptroller and M r Lieutenant of the Tower were appointed by the House to examine the affray even now made in the White-Hall or Court of Requests as M r Comptroller and the residue were carrying up the two last mentioned Bills to the Lords The Bill touching Suffolk-Cloths was read the second time and committed unto M r Treasurer M r Comptroller M r Vice-Chamberlain M r Chancellor of the Exchequer Sir Robert Germin Sir William Drurie M r Rawleigh and others and the Bill was delivered to M r Treasurer who with the rest was appointed to meet upon Thursday next being the 10 th day of this instant December following at one of the Clock in the Afternoon in the Exchequer Chamber The Committees also in the Bill against the delay of Justice were appointed to meet upon Wednesday next being the 9 th day of this instant Month of December in the Afternoon but the hour is not specified in the Exchequer Chamber The Bill lastly for bringing in of staple Fish and Ling was upon the second reading committed unto Sir Francis Drake M r Fenner M r Grice Sir Edward Dymock and others and the Bill was delivered to the said Sir Edward Dymock who with the rest was appointed to meet on Thursday the 10 th day of this instant December following at one of the Clock in the Afternoon in the Exchequer Chamber On Tuesday the 8 th day of December the Bill for preservation of Timber in the County of Sussex was read the second time and committed unto M r Comptroller Sir Thomas Shirley Sir Philip Sidney M r Alsord M r Robert Sackvile and others who were appointed to meet on Saturday the 12 th day of this instant December following at two of the Clock in the Afternoon in the Star-Chamber Court Upon a Motion made by M r Speaker for the opinion of this House touching the validity of some Knights returned for some Shires of this Realm not being as it is supposed chosen at the next County after the date of the Writ of Summons of this Parliament and after some Speech also therein offered by M r Bevill by which he seemed to suspect that the matter of the Motion tended to and concerned himself and M r Darrington returned Knights for the Shire of Huntington it was referred unto M r Treasurer M r Vice-Chamberlain Mr. Sollicitor and Mr. Recorder of London who were appointed to meet on Saturday the 12 th day of this instant December following in the Forenoon but no hour specified in the Exchequer Chamber Vide plus concerning this matter on Saturday the 12 th day and on Monday the 21 th day of this instant December ensuing Upon a Motion made unto this House by Mr. Lieutenant of the Tower that the Armour of Papists being Recusants might not remain in their own Custody It was Ordered that Mr. Sandes and Mr. 〈◊〉 do draw a Bill to that end The Committees in the Bill against the delay of Justice were appointed to meet upon Friday the 11 th day of this instant December following at two of the Clock in the Afternoon in the Exchequer Chamber On Wednesday the 9 th day of December Three Bills of no great moment had each of them one reading of which the last touching Banners Curriers Shoomakers c. was upon the second reading committed unto Mr. Sollicitor Sir William Moor Mr. Recorder of London Mr. Dalton and others who were appointed to meet upon Monday the 14 th day of this instant December following at one of the Clock in the Afternoon in the Guild-Hall The Bill for redress of disorders in common Informers was after the third reading and many Arguments committed again to the former Committees Mr. Treasurer and Mr. Vice-Chamberlain being added unto them Mr. Sollicitor Mr. William Moore Mr. Recorder of London Mr. Harne Mr. Morice Mr. Dilton Mr. Francis Bacon Mr. Beale and Mr. Owen who were appointed to meet upon Saturday the 12 th day of this instant December following at one of the Clock in the Afternoon but no place mentioned where Nota That this Bill was committed upon the third reading having been formerly committed upon the second which is not usual Another Bill also of no great moment concerning Sheriffs was upon the second reading committed but to whom it was committed or when and where the said Committees should meet is not at all set down in the Original Journal-Book of the House of Commons but seemeth to have been omitted through the negligence of M r Fulk Onslow at
only the said Elected Knights who as those also who opposed them brought their Councel on both sides and were fully heard what they could say After which also Mr. Recorder and himself desiring fully to inquire into this matter had conferred and devised therein with the Clerk of the Crown-Office in the Chancery and comparing those Records together with some of the Statutes Ordained in those Cases they do find such difference in them tending to matter of effect and to be Answered by the Sheriff if there be cause and not for any matter in their opinions for this House to deal with whereby to cassate or make void the said Election as they take it And yet because that resteth now chiefly upon matter of Precedents to see further how this House may decide this cause he declared that Mr. Recorder and he will make further search of the Precedents in like Cases with the Clerk of the higher House for that purpose and then further to advertise this House as cause shall require Vide concerning this matter on Tuesday the 8 th day and on Saturday the 12 th day of this instant December foregoing The Bill for the preservation of the Haven of Plymouth was upon the second reading committed unto Sir Francis Drake M r Wroth Mr. Edgcombe and others who were appointed to meet the third day of the next sitting of this Court in Lincolns-Inn Hall in the Afternoon of the same day A new Bill that Parsonages impropriate may be disposed to godly and charitable uses was read the first time Mr. Sollicitor touching the excessive number of penal Laws in force very intolerable to the Subjects neither possible to be kept and yet not any put in Execution as that for Apparel in King H. 8. his time and such like moved that a Committee be had of some selected Members of this House learned in the Laws to make a view of the same Laws against the next sitting of this Court after the Adjournment of the same to the end that this House may then thereupon proceed to some course of diminishing the great number of the same as upon due considerations in that behalf to be had shall be further thought meet and convenient And thereupon were named and chosen for that purpose all the Privy-Council being of this House Mr. Sollicitor Mr. Recorder of London Mr. Morrice Mr. Sandes Mr. Attorney of the Wards and others who were appointed to meet on Wednesday before the next Term in the Afternoon in Lincolns-Inn Hall The Bill for paving of the Town of Newark upon Trent after the third reading passed upon the question Mr. Treasurer and the residue of the Committees returning from the Lords he declared that they have received some Answer from their Lordships upon the Conference and referred the report thereof to Mr. Chancellor of the Exchequer as unto whom the same was by their said Lordships appointed to be delivered over unto this House Whereupon Mr. Chancellor of the Exchequer declared that their Lordships had caused the said Notes in writing to be read in the House and their Lordships found the said grievances to concern but some particular Countries and not the whole Realm to wit the Countries only of Warwick Lincoln and Essex and therefore might be considered to be reformed in time by some other convenient means But being Answered by the Committees of this House that albeit there were Petitions in writing exhibited but for these three Counties yet by Motions and Speeches in the House it well appeared to be the grief of the whole Realm Which their Lordships having understood did feelingly express how sensible they were of it and how truly they did join with us of the House of Commons in wishing the reformation thereof and were now ready to aid us with their best assistances therein as erst in the two last former Sessions of Parliament they had done at both which times her Majesty had thereupon Commanded some of the Lords of the Clergy to take care and consideration of the same causes wherein as little or nothing hath been done for case or redress of the same so their Lordships of the Upper House not minding to impute the fault thereof to any and yet remembring withal that their Lordships were present when her Majesty by the Mouth of the Lord Chancellor did give Commandment unto Mr. Speaker not to deal in the House of Commons with matters concerning Religion or the Church without her Highness pleasure first known and therefore do also take the same Commandment to extend as well to their Lordships as to this House have resolved that those of the Lords which are of her Majesties Privy-Council do first move her Highness to know her Majesties Pleasure therein before they proceed any further in the matter The Lord Chief Justice of England the Lord Chief Justice of the Common-Pleas the Lord Chief Baron of the Exchequer and the Master of the Rolls being sent down from the Lords to the House of Commons and admitted into the said House the said Lord Chief Justice having in his hand a Commission under the Great Seal of England declared unto Mr. Speaker that her Majesty having given Authority by Commission under the Great Seal of England unto divers of my Lords the Bishops Earls and Barons of the Upper House to Adjourn this Parliament unto the 4 th day of February next coming the said Lords Commissioners have Adjourned the same in the Upper House and their Lordships have thereupon also sent them to this House to signifie the same Adjournment over unto this House that the Knights Citizens and Burgesses and Barons of this House may likewise take notice of the same Adjournment accordingly Which thing was also after their departure out of this House declared unto this House by Mr. Speaker And so thereupon this Court by Warrant and in sorm aforesaid was adjourned unto the said 4 th day of February next coming Which done M r Vice-Chamberlain standing up and putting the House in remembrance of her Majesties most Princely and loving kindnesses signified unto this House in the former Messages and Declarations of her Highnesses thankful acceptations of the dutiful cares and travails of this House in the Service of her Majesty and the Realm moved the House that besides the rendring of our most humble and Loyal thanks unto her Highness we do being assembled altogether joyn our hearts and minds together in most humble and earnest prayer unto Almighty God for the long continuance of the most prosperous preservation of her Majesty with most due and thankful acknowledgment of his infinite benefits and blessings poured upon this whole Realm through the mediation of her Highnesses Ministry unde him And he said he had a Paper in writing in his hand devised and set down by an honest godly and learned man and which albeit it was not very well written yet he would willingly read it as well as he could if it pleased them to follow and say after him as
read Dominus Cancellarius continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 10 th day of November the Lords Committees made report unto the whole House that they of the House of Commons upon hearing the Sentence and divers of the special Evidences and Proofs whereupon the Sentence was grounded openly read unto them after long deliberation and consultation had betwixt them both publickly and privately they all with one assent allowed the same Sentence to be just true and honourable and that they humbly desired their Lordships to make choice of such number of Lords as their Lordships should think meet to joyn with them in Petition to her Majesty Whereupon their Lordships made choice of the said Lords following viz. the Lord Chancellor the Lord Treasurer the Lord High Chamberlain the Lord Steward the Earl of Northumberland the Earl of Kent the Earl of Rutland the Earl of Sussex the Earl of Pembroke and the Earl of Hartford the Lord Chamberlain the Lord Abergavenny the Lord Zouch the Lord Morley the Lord Cobham the Lord Grey the Lord Lumley the Lord de la Ware and the Lord Norris Memorandum That the Commons House made request to have the Petition assented unto by both the Houses to be introlled in the Parliament Roll the which the Lords thought better to defer until her Majesties liking or misliking were first had of the same Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 15 th day of November the Lord Chancellor declared unto the whole House the order of proceeding of Committees in presenting the Petition unto her Highness and that her Majesties Answer was in so eloquent and goodly sort and with words so well placed that he would not take upon him to report it as it was uttered by her Majesty but that the effect was that her Highness highly thanked her so dutiful and loving Subjects for their great care and tender zeal that they shewed to have of her safety and were it not in respect of them and of the state of the Realm and maintenance of the true Religion she would not ..... And that her Highness did well know the greatness of the peril and the dangerous practice attempted against her Person and that her Majesty did acknowledge it to be the maintaining and defending hand of him that hath delivered her so often and from so great perils Her Highness concluded it was a Cause of great moment and required good deliberation and that she could not presently give Answer unto them but that her Highness would shortly deliver it to some of her Privy Council which should declare unto them her Highnesses mind And thus her Highness answered This day further the Lord Chancellor signified unto the Lords that on Monday her Majesty commanded him to require the Lords to advise amongst them if some other course might be taken without proceeding to the extremity of Execution which her Highness could better like of if any such might be found and that her Highness looked for Answer from their Lordships Nota That the whole entrance of this days business viz. the Lord Chancellors Report of the Queens Answer is crossed in the Original Journal-Book but remaineth as legible as any other part except a few interlined words but by the whole course following that ought to stand which is crossed for without that the business following hath no coherence with the premisses Dominus Cancellarius adjournavit praesens Parliamentum usque in diem Sabbati prox horâ consuetâ Die Sabbati 19 Die Novembris Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox horâ nonâ On Tuesday the 22 d day of November after many Speeches which tended all to one effect which was that their Lordships in their opinions could not find any other way than was already set down in their Petition then the Lords agreed that the matter should be put to the question and being particularly asked every one his several voice answered with one Consent that they could find no other way The House of Commons came up and desired the Lords to be content to appoint some of the Lords to confer with them upon the Answer that was to be made to her Highness and to deliver the same to her Majesty Whereupon the Lords made choice of these Lords following viz. the Archbishops of Canterbury and York the Lord Treasurer c. And the said Lords upon Conference had with the Committee of the Lower House made report that the like question was propounded to them of the House of Commons and that they Answered all with one consent no man gainsaying that they could find none other way Whereupon the said Committees of both Houses agreed upon this Answer to be made to her Majesty That having often conferred and debated of that question according to her Highness Commandment they could find none other way than was set down in the Petition Which Answer for the Lords was delivered unto her Majesty by the Lord Chancellor and for the Commons by their Speaker at Richmond on Thursday the 24 th day of November Dominus Cancellarius continuavit praesens Parliamentum usque in diem Vcneris prox horâ nonâ On Friday the 25 th day of November the Lord Chancellor delivered her Maiesties Answer to the Lords to the last resolution the Effect whereof was as followeth viz. If said her Highness I should say unto you that I mean not to grant your Petition by my faith I should say unto you more than perhaps I mean And if I should say unto you that I mean to grant your Petition I should then tell you more than is fit for you to know And thus I must deliver you an Answer Answerless Whereas on the 7 th day of this instant Month of November whilst the Lords were in Consultation about the great matter of the Queen of Scots the Chief and only Cause of the Summons of this Parliament they of the House of Commons came up and desired Conference with some of the Lords of this House what number it should please their Lordships to appoint touching the said great cause which as they affirmed had been opened and declared unto them Whereupon the Lords made choice of divers Lords whose names see at large on Munday the 7 th day of this instant Month of November foregoing And to attend the said Lords were appointed the Lord Chief Justice of the Common-Pleas the Lord Chief Baron and Justice Gawdie the time and place of their meeting being in the very Parliament Chamber at two of the Clock in the Afternoon and after often meeting and long Conferences had they agreed upon a form of Petition which by both the Houses should be presented unto her Majesty And that Choice should be made of a certain number of either House to prefer the same unto her Highness Which being reported to this House the Lords liked very
added viz. vicesimo nono In the fourth and last place the Printed Books of Statutes are likewise mistaken for Christopher Barker at this time Printer to the Queens Majesty who Printed the Statutes of this Parliament at large in Anno 1587. maketh no mention of any Parliament or meeting of Parliament in Anno 28 Regin Eliz. but mentioneth that Book of Statutes in this manner Anno 29 o Regin Eliz. at this present Session of Parliament holden by Prorogation at Westminster the 15 th day of February in the 29 th year of the Raign of our most gracious Soveraign Lady Elizabeth c. Whereas if he had intituled it truly it should have been thus At this present Parliament holden at Westminster the 29 th day of October in the 28 th and 29 th years of the Raign of our most Gracious Soveraign Lady Elizabeth c. M r Poulton also in his Abridgement of Statutes Printed by the Company of Stationers Anno Dom. 1612. setteth down a false Title before the Statutes of this Parliament viz. Statutes made at the Session of Parliament holden by Prorogation at Westminster the 29 th day of October Anno 28 Eliz. and Anno Dom. 1587. c. In which said Title there are these two notorious and gross mistakes The first in that he saith this Parliament was holden by Prorogation whereas the former Parliament held in Anno 27 o Regin Eliz. being dissolved upon the 14 th day of September in Anno 28 Regin ejusdem this Parliament begun and held in the said 28 th and 29 th years of her Majesty was newly Summoned and not held by Prorogation His second mistake is more gross than this in that he allots all these proceedings to the year of our Lord 1587. whereas both meetings did begin and end during the year 1586. reckoning the year to begin upon the 25 th day of March as in all the Journal-Books of Parliaments and the Printed Books of Statutes and all Records and private Instruments it is always observed All which may show how great inconvenience it may bring to take up things upon trust from others without searching out the truth seeing so many men in that which they were best skilled in and had doubtless so industriously travelled in yet should be so grosly mistaken for it is not worth the proof that this was an Adjournment and not a Prorogation seeing it is positively entred in the Original Journal-Book of the Upper House on Friday the second day of December foregoing And likewise when the two Houses did meet again on Wednesday the 15 th day of February following the foresaid Journal-Book beginneth thus Die Mercurii 15 o die Februarii Domini tam Spirituales quà m Temporales quorum nomina subsequntur praesentes fuerunt Whereas if that meeting had been a new Session the Entrance ought to have been thus viz. Die Mercurii 15 o die Februarii in quem diem hoc praesens Parliamentum Prorogatum fuerat Proceres tam Spirituales auà m Temporales c. Or thus viz. In quem diem c. Sessio Parliament Prorogata fuit teneri inchoari apud Westminster die loco praedict Domini tam Spiritual quà m Temporal quorum nomina Subscribuntur praesentes fuerunt c. To which also may lastly be added that no Bill passing the two Houses in the first meeting of this Parliament nay for ought that can be gathered out of the Original Journal-Book of the Upper House no one Bill having so much as any reading there as hath been before observed and so no Royal Assent putting life into any one Law it could not be a Session but a meer meeting which continued from Saturday the 29 th of October unto Friday the second day of December in Annis 28 29. Regin Eliz. Anno Dom. 1586. This doubt being thus fully cleared and the mistakings upon which it grew being likewise discovered the residue of the Journal of this present Parliament upon the second meeting of the two Houses next ensueth On Wednesday the 15 th day of February Anno 29 o Regin Eliz. Anno Dom. 1586. to which day the Parliament had been on Friday the second day of December foregoing last Adjourned The two Houses met in their several places without any presence of the Queen or Solemnity amongst the Lords by coming in their Robes or any other Pomp whatsoever because this was neither new Parliament nor new Session but a meer new meeting of either House upon an Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Regin Eliz. as is aforesaid Memorandum that this day Sir Edmund Anderson Knight Lord Chief Justice of the Common-Pleas shewed forth to be publickly read a Commission directed unto him from her Majesty in which appeared that the Lord Chancellor was so visited at this time with sickness that he was not able to travel to the Upper House to supply his room and place there her Majesty minding the said room and place to be supplied in all things during the absence of the said Lord Chancellor hath appointed and authorized the said Sir Edmund Anderson during the absence of the said Lord Chancellor to supply his Room as by the Tenour of the said Commission here ensuing more fully appeareth ELizabeth by the grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and right Well-beloved Sir Edmund Anderson Knight Chief Justice of our Court of Common-Pleas Greeting Whereas our Right Trusty and Right Well-beloved Chancellor Sir Thomas Bromley Knight Lord Chancellor of England is at this time so visited with Sickness that he is not able to travel to the Upper-House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper-House among the Lords Spiritual and Temporal there Assembled as to the Office of the said Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth for and during every time of his absence have named and appointed you and by these presents do constitute name appoint and Authorize you from day to day and time to time when and as often as the said Lord Chancellor shall happen at any time or times during this present Parliament to be absent from his accustomed place in the said Upper House to occupy use and supply the room and place of the said Lord Chancellor in the Upper House amongst the Lords Spiritual and Temporal there Assembled at every such day and time of his absence And then and there at every such time to do and execute all such things as the said Lord Chancellor of England should or might do if he were there personally present using and supplying the same room Wherefore we Will and Command you the said Sir Edmund Anderson to supply the doing and Execution of the Premisses with
effect and these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 15 th day of February in the twenty ninth year of our Reign c. As soon as the said Sir Edmund Anderson had caused the foresaid Commission to be read he took his place on the Uppermost Woolsack where the Lord Chancellor useth to sit and in the Original Journal-Book of this Parliament where the presence of the Lords is noted he is always ranked in the first place as the Lord Chancellor should have been if he had been present with this Addition after the setting down of his name and place Locum tenens Cancellarii in such Order as followeth viz. Archiepiscopus Cantuarien Edmundus Anderson Miles Justiciar de Communibus Placitis Locum tenens Cancellarii Comes Sussex Comes Hartford Comes Lincoln Vice-Comes Bindon Episcopi Episcopus Winton Episcopus Sarisburien Episcopus Rofsen Episcopus Hereforden Barones Dominus Howard Admirallus Dominus Hunsdon Camerarius Dominus Morley Dominus Cobham Dominus Stafford Dominus Grey de Wilton Dominus Stourton Dominus Sandes Dominus Cromwell Dominus Windsor Dominus Sheffield Dominus North. Dominus S t John de Bletsoe Dominus Compton Dominus Norris Which are all the Peers the Journal-Book noteth to have been present Nota That though I do usually observe in all these Jourtials never to have the presence of the Lords transcribed but at the beginning only of a new Parliament or at least a new Session yet I have observed it here though but at the beginning of a new meeting partly because it was after a long Adjournment and partly because many Lords did send new Proxies So that the presence of the Lords before set down at the beginning of this Parliament on the 29 th day of October being Saturday could not serve to be any rule for the presence of those that attended at this new meeting Which is for the most part the chiefest reason why the presence of the said Lords is marked on the first day of the Parliament or on the next day from the first on which they be noted if through the Clerk of the Upper House his negligence as it often happeneth it be omitted on the said first day A second but less material cause why I have their names transcribed is to see the due places and precedencies of the Lords Temporal On this 15 th day of February lastly although this were neither new Parliament nor new Session but meerly a second meeting of one and the same Parliament as hath been already observed was one unusual or extraordinary Proxy returned which is Entred in the Original Journal-Book of the Upper House in manner and form following viz. 15 Die Februarii introductae sunt literae Procuratoriae Thomae Episcopi Bathonien ' Welien ' in quibus Procuratores suos constituit Thomam Episcopum Wintonien ' Thomam Episcopum Cicestren ' Willielmum Episcopum Coventrien ' Litchfield ' The difference between an usual and an unusual Proxy see before on Saturday the 29 th day of October in the latter end thereof on which said day this Parliament began where also it is set down why those ordinary ones are for the most part omitted Other unusual Proxies returned also at this new meeting of Parliament vide on Friday the 17 th day on Sunday the 19 th day and on Saturday the 25 th day of this instant February All which I have ever caused to be set down upon the several days on which they were returned if the said day be particularly expressed and not altogether before the beginning of the Parliament as is usually observed in the Original Journal-Books of the Upper House Nota Lastly that John Archbishop of Canterbury was Constituted Joint Proctor with others by five several Bishops this Parliament of which the first Proxy was returned on Sunday the 19 th day of this instant February from John Bishop of Exeter the second on the same Day from Richard Bishop of Durham the third on Saturday the 25 th day of this instant February from Edmund Bishop of Worcester the fourth on Thursday the 9 th day of March next ensuing from Hugh Bishop of Bangor and the fifth and last on the same day from William Bishop of S t Asaph Which with many other precedents of a like nature frequent almost in every Parliament doth plainly prove that any Lord Spiritual or Temporal being a Member of the Upper House is capable of as many Proxies as shall be sent unto him by the ancient Customs and Usages of that House although the contrary hath been of late ordered upon the ..... day of ..... in the Parliaments in Anno secundo Regis Caroli Sir Edmund Anderson Lord Chief Justice of the Common Pleas sitting in and supplying of the place of Sir Thomas Bromley Lord Chancellor absent as is before observed by reason of sickness did by the Assent of the Lords Commissioners Adjourn the Parliament unto Wednesday next at Nine of the Clock in the Morning being a full se'night after Nota That during this intervenient time of Adjournment three unusual Proxies were delivered in unto the Clerk of the Parliament the first of which is Entred in the Original Journal-Book of the Upper House to have been returned upon Friday the 17 th day of this Instant February in manner and form following viz. 17 o Die Februarii introductae sunt Literae procuratoriae Anthonii vicecomitis Mountague in quibus Procuratores suos constituit Ambrosium Comitem Warwici Robertum Comitem Leicestren 19 o Die Februarii introductae sunt Literae procuratoriae Johannis Episcopi Exon in quibus Procuratores suos constituit Johannem Archiepiscopum Cantuarien ' Thomam Episcopum Winton ' Johannem Episcopum Roffen ' Item introductae sunt Literae procuratoriae Richardi Episcopi Dunelmen in quibus Procuratores suos constituit Johannem Archiepiscopum Cautuarien ' Johannem Episcopum London Thomam Episcopum Wintonien Nota That here a Temporal Lord constituted two Proctors and two Spiritual Lords nominated each of them three which being extraordinary and unusual Proxies are well worthy the observation Vide intrationes Literarum consimilium procurator ' die Saturni die 29 o Octobris praecedentis in fine dici die Mercurii die 15 o Februar jam instantis antea die Saturni die vicesimo quinto ejusdem Febr ' postea On Wednesday the 22 d day of February the Bill toavoid fraudulent Assurances made or to be made in certain cases by Traitors was read primâ vice Edmundus Anderson Capitalis Justiciarius de placito communi continuavit praesens Parliamentum usque in diem crastinum horâ nonâ On Thursday the 23 d day of February the Lords met but it seems nothing was done but only the Parliament continued unto a further day the Entrance whereof in the Original Journal-Book is in manner
said several Acts and Ordinances by you our said Subjects the Lords and Commons in this our present Parliament Assembled be fully agreed and consented unto and seem very necessary and profitable for the Commonwealth which nevertheless be not of any force or effect in the Law without our Royal Assent given and put to the same Acts and Ordinances and every of them And forasmuch as for divers great and urgent Causes and Considerations We cannot conveniently at this present be personally in our Royal Person in our Higher House of Parliament being the place accustomed to give our Royal Assent unto such Acts and Ordinances as have been agreed upon by our said Subjects the Lords and Commons We have therefore caused these our Letters Patents to have been made and have signed and caused the same to be Sealed accordingly And by the same do declare and notify as well to you the Lords Spiritual and Temporal and the Commons aforesaid as to all and singular other our loving Subjects That we by these Presents do give put our Royal Assent to all and singular the said Acts and Ordinances and to all Articles Clauses and Provisions in them contained and be fully agreed and consented to all and every the said Acts willing that the said Acts and every Article Clause sentence and provision in them contained from henceforth shall be of the same strength force and effect as if we had been personally present in the said Higher House and had openly and publickly in the presence of you all assented to the same Commanding also by these Presents as well our Chancellor of England to seal these our Letters Patents with our great Seal as our Trusty and well-beloved Sir Edmund Anderson Knight our Chief Justice of our Common Pleas to declare and notify this our Royal Assent in our absence in the said Higher House in the presence of you the said Lords Spiritual and Temporal and the Commons of our Parliament 〈◊〉 to be assembled for that purpose and the Clerk of our Parliament to Indorse the said Acts with such Terms and Words in our Name as is requisite and hath been accustomed for the same And also to Inrol these our Letters in the said Parliament Roll and these our Letters Patents shall be to every of them sufficient Warrant in that behalf And finally declare and will that after this our Royal Assent given and passed by these Presents and declared and notified as is aforesaid That then immediately the said Acts and every of them shall be taken accepted and admitted good sufficient and perfect Laws to all intents Constructions and purposes and to be put in due Execution accordingly the Continuance or Dissolution of this our Parliament or any other Use Custom thing or things to the contrary thereof notwithstanding In Witness whereof We have caused those our Letters to be made Patents Witness our self at Westminster the 23 th day of March in the 29 th year of our Reign Per ipsam Reginam Nota That the Clerk of the Parliament having read the said Letters Patents before set down Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas still supplying the place of Sir Thomas Bromley Knight Lord Chancellor delivered other Letters Patents unto the said Clerk openly to be read whereby eight several Commissioners were nominated and authorized to dissolve the Parliament viz. The Archbishop of Canterbury the Archbishop of York the Earl of Shrewsbury Earl Marshal of England the Earl of Darby Lord Steward the Earl of Kent the Earl of Leicester Master of her Majesties Horse the Lord Howard Lord Admiral of England Lord Hunsdon Lord Chamberlain and the Lord Cobham Lord Warden of the Cinque-Ports For doubtless unless a new Commission had come forth by which these before-named Honourable Personages had been de novo nominated to this purpose the three Commissioners at first appointed in the beginning of this Parliament which see at large upon Saturday the 29 th day of October foregoing might without any other new authority though not have Dissolved the Parliament yet have Prorogued it to a further day as they had formerly Adjourned it upon Friday the second day of December foregoing unto Wednesday the 15 th day of February next ensuing which was for ten weeks space at the least but that former Authority being now at an end by these new Letters Patents the manner of their delivery the removal of the new Commissioners in them nominated and the Commission lastly it self are thus verbatim set down in the Original Journal-Book of the Upper House Postquam verò Clericus Parliament has Literas palà m perlegisset Edmundus Anderson Miles alias etiam Literas Patentes eidem Clerico Parliamenti publicè legendas tradidit atque hîc notandum est omnes Dominos Commissionarios in Literis patentibus nominatos locis suis relictis in medio banco consedisse dum diclae Literae legerentur Earum autem tenor hic sequitur ELizabetha Dei gratiâ Angliae Franciae Hiberniae Regina fidei Defensor c. Reverendissimo in Christo Patri ac Consiliario suo Johanni Cantuarien Archiepiscopo totius Angliae Primati Metropolitano ac Reverendissimo in Christo Patri Edwino Archiepiscopo Eboracen Angliae Primati Metropolitano ac etiam chavissimis Consanguineis Consiliariis suis Georgio Comiti Salop Comiti Marescallo Angliae Henrico Comiti Darbiae magno Seneschallo necnon charissimo Consanguineo Consiliario suo Henrico Comiti Kantiae ac charissimo Consanguineo Consiliario suo Roberto Comiti Leicestr Magistro Equorum suorum ac etiam praedilectis fidelibus Consiliariis suis Carolo Domino Howard magno Admirallo suo Angliae Henrico Domino de Hunsdon Domino Carmerario suo Willielmo Domino Cohham Domino Gardiano quinque Portuum suorum Salutem Cùm nuper pro quibusdam arduis urgentibus negotiis nos statum desensionem Regni nostri Angliae ac Ecclesiae Anglicanae concern praesens hoc Parliamentum nostrum apud Civitatem nostram Westmonasterii decimo quinto die Octobris ultimo praeterito inchoari teneri ordinaverimus in à quo dic idem Parliamentum nostrum usque ad in vicesimum septimum ejusdem mensis Octobris prorogat fuerat eodémque die idem Parliamentum nostrum usque ad in vicesimum nonum diem dicti mensis Octobris prorogat ' fuerat ac ibid ' tunc tent ' continuat ' fuerat usque ad in secundum diem Decembris tunc proximum sequentem Eódémque die idem Parliamentum nostrum usque ad in decimum quintum diem Februarii tunc prox ' sequent ' adjournat ' fuit Eodémque die idem Parliamentum nostrum tunc ibidem tent ' continuat ' fuerat usque ad in vicesimum tertium diem instantis mensis Martii Sciatis tamen certis urgentibus causis considerationibus nos specialiter moven ' idem Parliamentum nostrum hoc instante vicesimo
said Motion or any other tending to the safety of her Majesties Person may be very well delivered and remembred to the Committees in the great Cause by any member of the House M r Dennis Hollis offereth a Bill to this House in the behalf of the Curriers of London Whereupon M r Speaker put the House in remembrance of her Majesties pleasure before signified unto this house to forbear the making of new Laws and to spend the time in the great Causes for which this Parliament was specially summoned yet because in the mean time of dealing in the said great Cause in Committee or otherwise there should be nothing to occupy the House withal it is thought good at such times to have some Bills read in the House reserving always due regard and place to the said great Cause And thereupon the said Bill was read accordingly The Bill touching the Curriers was read the first time The Bill also for limitation of time touching Writs of Error growing by fraud had its first reading M r Chadley one of the Knights returned for the County of Devon offereth a Bill to this House touching Cloth-making within the said County out of Cities Market Towns and Corporate Towns Whereupon the said Bill was then read accordingly The Bill touching Clothiers in the County of Devon had its first reading Edmund Moore of Shoreditch in the County of Middlesex Tallow-chandler and John Turner of the same Butcher being both of them in the Serjeants Custody for presuming to come into this House sitting the House and being no Members of the same it is upon opinion that they did it of ignorance and meer simplicity and not of any pretended purpose and also upon their humble submission of themselves unto this House and like humble request and Petition of Pardon for the same Agreed by this House that they shall be discharged and set at Liberty taking first the Oath of Supremacy openly in this House which they so then did and afterward departed On Munday the 7 th day of November The Bill touching Fines and Recoveries levied before the Justices of the Common Pleas whereunto any of the said Justices are parties was read the first time Sir William Herbert being returned into this House Knight for the County of Monmouth offereth a Bill into this House for the relief of certain Orphans within the said County of Monmouth and prayeth that the same Bill may be read which was so then read accordingly The Bill for relief of certain Orphans in the County of Monmouth had its first reading M r Bulkely offereth a Bill unto this House touching Clothes made in this Realm to be shipped and transported over the Seas and prayeth the same may be read which was thereupon so done accordingly The Bill touching Clothes made to be transported over the Seas had its first reading Sir Robert Jermin likewise offereth another Bill touching Clothiers and Cloth-making in the Counties of Suffolk and Essex and prayeth the reading thereof which in no wise he would have moved if the House should have been any ways occupied in the great Cause the speedy course and proceeding whereof he most earnestly desireth and prayeth The Bill touching Clothiers and Clothes made in the Counties of Suffolk and Essex was read the first time M r Vice-Chamberlain shewed that the Committees in the great Cause did meet according to the Commission therein of this House unto them and that then also they did appoint another Meeting therein to be this Afternoon and shewed withal That some of the Committees of this House being of the Privy Council do understand that the Lords will not in this great and weighty Cause any way deal or meddle amongst themselves nor in any other matter besides until they shall have first heard therein from this House for Conference to be prayed with them by this House and therefore moved That now whilst their Lordships do yet sit the Privy Council with some few others of this House be presently sent to their Lordships to move for Conference and to know their Lordships pleasure for the time and place of Meeting Whereupon for that purpose it was ordered That all the Privy Council being of this House Sir Henry Gate M r Sollicitor and Sir William Moore should presently repair to their Lordships to the higher House who did so accordingly It should seem that in the mean time after the going up of M r Treasurer and the rest and before their return from the Lords these matters following were handled viz. The Bill touching Orford-Haven was read the second time and thereupon committed unto Sir Robert Jermin Sir John Higham Sir Henry Cobham M r Cromwell M r Layer and all others that were Committees in the same Cause the last Parliament to meet to morrow in the Afternoon in the Middle Temple Hall at three of the Clock After sundry Speeches to the Bill touching Inrollments upon the second reading thereof and being then reserved to convenient time and this present time falling out to be convenient for that purpose it is upon the question both for the committing and ingrossing quite dashed and rejected The Bill touching Curriers had its second reading M r Treasurer and the residue of the Committees being returned from the Lords as it should seem much about the time that the House had finished the disputing and reading of the foresaid Bills he shewed that he and the residue have according to the Appointment of this House moved the Lords for Conference touching the said great Cause which their Lordships did very well like of and have appointed that the former Committees of this House in the said Cause do meet this Afternoon in the Parliament-Chamber with such Committee of their Lordships as their Lordships for that purpose do appoint which he saith he thinketh to be twenty or thereabouts And so thereupon were the Names of the said Committees of this House read and they required to give their Attendances therein at the said time and place accordingly On Tuesday the 8 th day of November M r Doctor Turner shewed unto this House That he is fully perswaded that her Majesties safety cannot be sufficiently provided for by the speedy cutting off of the Queen of Scots unless some good means withal be had for the rooting out of Papistry either by making of some good new Laws for that purpose or else by the good and due Execution of the Laws already in force which as he greatly wisheth and referreth to the grave consideration of this House so concluding in his own Conscience that no Papist can be a good Subject he did offer a Bill to this House containing as he thinketh some convenient form of matter tending to the effect of his Motion and prayeth the same may be read Whereupon M r Speaker finding the Title of the said Bill to purport the Safety of her Majesties Person putteth the House in remembrance that by their own appointment and direction that matter was referred to certain Committees
of this House who had not only had Conference thereof amongst themselves but also with Committees of the Lords yesterday and must so have again this day also in the Afternoon And sheweth further That yesterday upon the like Motion of this made by another Gentleman of this House it was agreed That all such matters as then were or should be offered unto this House tending to the preservation of her Majesties Person should be delivered and referred to the said Committees to be joyned in the Petition to be exhibited to her Highness on the behalf of this House and so wished this might also be without reading the said Bill or further proceeding therein by this House until the said Committees should first have reported unto this House their travail with the Lords in the said Cause which he thought would be to morrow And after sundry Speeches to that end uttered by M r George Moore Sir Henry Knyvet M r Treasurer and M r Francis Hastings it was referred to be imparted to the said Committees accordingly and therefore the Bill not to be read as yet in this House Sundry Speeches being had touching the Liberties of this House and of the preservation of the same Liberties about the matter of the Examination of the Returns of the Knights for the County of Norfolk and some arguing one way and some another the time so passing away the House did rise and nothing then resolved thereof at all And then also at the rising of the House it was moved That in respect of the meeting of the Committees in the great Cause with the Committees of the Lords this Afternoon the meeting of the Committees in the Bill for Orsord Haven likewise appointed for this Afternoon might be deferred till some other more convenient time On Wednesday the 9 th day of November after some Motions and Speeches had touching the Liberties of this House in the examination and Judgment of the returns for the Knights for the County of Norfolk It is upon the question resolved that M r Comptroller M r Treasurer M r Recorder of London M r Serjeant Snagg M r Cromwell Sir William Winter Sir Henry Knyvett M r Thomas Knyvett M r Alford M r Drew M r Harris Sir William Moore M r Morrice M r Sandes and M r Sanders be appointed Committees by this House to examine the state and circumstances of the said Returns and to meet for that purpose to morrow in the Afternoon at two of the Clock in the Exchequer Chamber And also that M r Watson Clerk of the Crown in the Chancery and also the Under-Sheriff of the County of Norfolk do then and there attend upon the said Committees in the exercise of the said Examinations accordingly And further that thereupon the said Committees or some of them do signifie unto this House upon Friday next in the Forenoon the state of the said matter as they shall find it upon the said Examination to the end this House may then take such further course therein as in that behalf shall be thought meet and convenient This day report was made by M r Thomas Cromwell that eleven of the Committees appointed by this House to examine the state and circumstances of the Writs and Returns made of the Knights for the County of Norfolk had according to their Commission met yesterday and that the Clerk of the Crown had brought before them as well the Writs as their Returns upon view whereof it appeared that two several Writs had issued out of the Chancery directed to the Sheriff of Norfolk for choice of the Knights of the Shire of that County the first dated the 15 th day of September the second dated the 11 th day of October The first appeared by the return to have been executed the 26 th day of September the second executed the 24 th of October which was after the Parliament was to have had its beginning By the first Writ M r Thomas Farmer and M r Gresham were returned to be chosen Knights by the second M r Christopher Heydon and the said M r Gresham That by the examination of the Clerk of the Crown it appeared unto them that the first Writ with the return was brought and offered unto him by the Under-Sheriff the 15 th day of October when as the Parliament was to have had its beginning and that with that Writ the Burgesses for the Boroughs of the County were also brought which then notwithstanding he received not That after about the 29 th day of October both the said Writs were delivered unto him It was further declared that the said M r Heydon with his Council and the said Mr. Farmer in person and also the Under-Sheriff had been before the Committees that Mr. Gresham as being returned by both the Writs had not been before them that they had examined Mr. Heydon and his Council what exceptions they could take to the Execution of the first Writ who then alledged two causes the one that due Summons was not given to the Freeholders of the Shire the other that Proclamation was not duly made That thereupon they examined the Under-Sheriff who in their presence affirmed that the Writ was delivered to the High-Sheriff on the Saturday which he received on the Sunday the County day being on Monday following On which day he was bound by Law to execute his Writs by which means he had not leisure either to summon many or any day left wherein he might by Proclamation notifie it in the Country That on the said Monday between eight and nine of the Clock three solemn O yes were made and the Queens Writ publickly read and all Circumstances used which the Law required wherein he was the more careful for that it was commonly bruted that there would be variance about the Election That the Election was so expected in the Country that by his Estimation there were three Thousand Persons at the same And that Mr. Farmer had the Voices without denyal that Mr. Justice Windham Sir Thomas Knyvett Sir Nicholas Bacon Sir Henry Woodhouse and divers other Justices of the Peace Esquires and Gentlemen of great calling were at the Election and gave their Assents to the same and set their Hands and Seals to the Indenture Upon consideration of the whole matter it appeared unto them that the first Writ and Return were in matter and form perfect and duly executed the second Writ they thought could not be available besides that the precedent was perillous for the time to come in respect that it appointed two others to be Chosen The effect of the Writ besides not observed for that Mr. Gresham one of the same was chosen by the first Writ They further declared that they understood that the Lord Chancellor and divers of the Judges having examined the matter were of the same opinion He declared further that one of the Committees had moved that two of the Committees might have been sent to understand of my Lord Chancellor what he
Mr. Recorder of London making a large and plentiful discourse of the ancient priviledges and liberties of this House furnished with recital of sundry Precedents and examples and lastly coming down to the matter in hand sheweth that Sir Edmund Anderson Knight Lord Chief Justice of the Commons Pleas told him this morning that the said Lord Chancellor and the Judges had resolved that the said first Writ ought to be returned and had so given order to the Sheriff and Clerk of the Crown And that he thereupon answered the said Sir Edmund Anderson again that the censure thereof belonged unto this House and not unto them and that he for his part would take no notice thereof at their hands of their so doing but only by way of instructions and not otherwise And so concluded with the allowance of the good course and order of this House in setting down and entring the said Judgement accordingly as before Mr. Vice-Chamberlain shewed unto the House that according to their appointment he hath been an humble suitor unto her Majesty on the behalf of this House for access there to be had unto her Highness to exhibit their Petition unto her Majesty And that her Majesty thereupon hath very Graciously granted to hear them at the Court upon to morrow next between one and two of the Clock in the Afternoon signifying also unto them further that her Majesty having heard that the Lords do appoint them twenty of themselves of the Higher House to attend her Majesty also for the same purpose so her Highness thinketh meet that forty of this House were likewise appointed for this House which She thinketh to be a sufficient number but is nevertheless well pleased if the House shall think good to send a more or greater Number at their discretions but leaveth the same to their own considerations Which her Majesties most Gracious Favour as the whole House did take it in most joyful and dutiful part So did they then desire the said Mr. Vice-Chamberlain that he would in the name of this whole House present unto her Majesty their most humble and dutiful thanks for the same her Highnesses most gracious clemency and great loving kindness towards them Which so to do the said Mr. Vice-Chamberlain told them he purposed God willing in the Afternoon of this present day And these were appointed by this House to attend upon her Majesty to morrow at the Court as many of the former Committees as would whose names see at large on Friday the 4 th day of this instant November foregoing and also Sir Henry Barkeley Sir William Mohun Sir Edward Dymocke Sir Thomas Jones Sir Henry Bagnell Sir Andrew Nevill Sir Henry Knyvet Mr. Farmer Sir Edward Osborne Mr. Henry Bromley Mr. Ralph Horsey Mr. James Croft and Mr. Tasborough then added unto them which done upon a Motion that for as much as the Knights for the County of Norsolk and the Burgesses for all the Boroughs within the same County saving only the Citizens for the City of Norwich were returned and certified into this House this present day and not before the Petition might therefore be read again in this House in the presence of the same Knights and Burgesses to the intent that they being made privy thereof might also yield their Assents to the same Petition whereby the rather the same being for a matter of so great moment might in very deed be the Action of the whole House then being possessed and consisting of all the Members thereof the same Petition was read by the Clerk and well liked of agreed unto and allowed by the voices of the said Knights and Burgesses upon the question thereof unto them made in that behalf by Mr. Speaker And afterwards Mr. Vice-Chamberlain made a motion that Mr. Speaker be put in remembrance by this House besides the residue of his reasons to be shewed to her Majesty for maintenance of the parts of the said Petition to urge if need be to her Majesty the matter and necessity of the late Instruments of Association respecting especially the Consciences of a great number of her Highnesses good and Loyal subjects which cannot be dispensed with by Laws whereupon request was so made by the House to Mr. Speaker accordingly Mr. Treasurer shewed that yesterday he and others of the Committees in the great Cause presented unto the Lords in the Upper House the Request of this House unto their Lordships to have the said Petition entred and recorded in the Upper House there to remain as an Act. Whereunto their Lordships assented and willed that the same might first be ingrossed in Parchment and so delivered to their Lordships this present Forenoon shewing further That the Clerk of this House then had the same already ingrossed and exact accordingly but that the same could not that day be sent to their Lordships for that their Lordships did not sit this Forenoon and therefore he said it must be delivered at some other time And so then the House did rise and this Court was adjourned till Monday next following Memorandum That in the Afternoon of this present day the said Petition ingrossed was delivered into the hands of the Lord Chancellor by the Appointment of Mr. Speaker and so lest with his Lordship On Saturday the 12 th day of November although the House of Commons sate not any part of the day in their proper place yet in the Afternoon according to her Majesties direction sent unto the House yesterday by Sir Christopher Hatton her Vice-Chamberlain John Puckering Serjeant at Law their Speaker with all the Privy Council and divers other Members of the said House whose Names see before on Friday the 4 th day and on Friday the 11 th day of this instant November last past repaired to her Majesty unto the Court there to joyn with Sir Thomas Bromiey Lord Chancellor and twenty Temporal Lords of the Upper House in presenting a certain Petition which had been agreed upon by both Houses unto her Highness for the speedy Execution of Mary late Queen of Scots according to that just Sentence which had been pronounced against her And to move her Majesty thereunto the said Speaker of the House of Commons did use many excellent and solid reasons which were all found in a certain Memorial written with his own hand being as followeth Unless Execution of this just Sentence be done 1. Your Majesties Person cannot any while be safe 2. The Religion cannot long continue amongst us 3. The most flourishing present State of this Realm must shortly receive a woful Fall 4. And consequently in sparing her your Majesty shall not only give courage and hardiness to the Enemies of God of your Majesties self and of your Kingdom but shall discomfort and daunt with despair the hearts of your loving People and so deservedly provoke the heavy hand and wrath of God And that summarily for the reasons ensuing First forasmuch as concerns the danger of your Majesty Both she and her Favourers think
certain Houses in Westminster suspected of receiving and harbouring of Jesuits Seminaries or of Seditious and Popish Books and Trumperies of Superstition On Saturday the 25 th day of February the Bill for the limitation of Time of Errors growing by Fraud had its second reading and the Committees appointed for the Bill of Fines and Recoveries on the day foregoing are also appointed for this said Bill to meet at Serjeants-Inn in Fleetstreet at two of the Clock in the Afternoon and the Bill was delivered to M r Recorder of London Two other Bills also of no great moment had each of them one reading of which the last being the Bill for Attainder was upon the second reading committed to all the Privy Council of this House Sir Henry Knyvet M r Recorder of London M r Francis Bacon M r Morrice and others who were appointed to meet upon Tuesday in the Exchequer Chamber at two of the Clock The Bill delivered by M r Speaker to the Right Honourable Sir Francis Knowles On Munday the 27 th day of February the House was informed by M r Harris that one William White had arrested M r Martin a Member of this House Therefore it is ordered by the House that the Serjeant should warn White to be here to morrow sitting the Court. Vide plus de ista materia die Sabbat die 11 o Mar ' prox ' Two Bills of no great moment had each of them one reading of which the first being the Bill for delay of execution of Justice by Writs of Error was committed unto M r Sollicitor Sir Henry Knyvet M r Recorder M r Cromwell M r Dalton and others and the Bill was delivered to M r Cromwell and all these to meet on Tuesday next at Serjeants-Inn Hall in Chancery Lane at two of the Clock in the Afternoon The same day M r Cope first using some Speeches touching the necessity of a learned Ministry and the amendment of things amiss in the Ecclesiastical Estate offered to the House a Bill and a Book written the Bill containing a Petition that it might be Enacted that all Laws now in force touching Ecclesiastical Government should be void And that it might be Enacted that that Book of Common Prayer now offered and none other might be received into the Church to be used The Book contained the form of Prayer and Administration of Sacraments with divers Rites and Ceremonies to be used in the Church and desired that the Book might be read Whereupon M r Speaker in effect used this Speech For that her Majesty before this time had commanded the House not to meddle with this matter and that her Majesty had promised to take order in those Causes he doubted not but to the good satisfaction of all her people he desired that it would please them to spare the reading of it Notwithstanding the House desired the reading of it Whereupon M r Speaker willed the Clerk to read it And the Court being ready to read it M r Dalton made a motion against the reading of it saying that it was not meet to be read and that it did appoint a new form of Administration of the Sacraments and Ceremonies of the Church to the discredit of the Book of Common Prayer and of the whole State and thought that this dealing would bring her Majesties indignation against the House thus to enterprize the dealing with those things which her Majesty especially had taken into her own charge and direction Whereupon M r Lewkenor spake shewing the necessity of Preaching and of a learned Ministry and thought it very fit that the Petition and Book should he read To this purpose spake M r Hurleston and M r Bainbrigg and so the time being passed the House brake up and the Petition nor Book read This done her Majesty sent to M r Speaker as well for this Petition and Book as for that other Petition and Book for the like effect that was delivered the last Session of Parliament which M r Speaker sent to her Majesty Vide 2 d Mar ' and the 4 th of Mar. On Tuesday the 28 th day of February her Majesty sent for M r Speaker by occasion whereof the House did not sit On Wednesday the first day of March M r Wentworth delivered unto M r Speaker certain Articles which contained questions touching the Liberties of the House and to some of which he was to answer and desired they might be read M r Speaker required him to spare his motion until her Majesties pleasure was further known touching the Petition and Book lately delivered into the House but M r Wentworth would not be so satisfied but required his Articles might be read Then M r Speaker said he would first peruse them and then do that were fit This is all that is found in the Original Journal-Book of the House of Commons touching this matter and therefore in respect of the weight of it having as I conceive a very authentick and true Copy both of the Speech and Articles at large I thought good to have them fully inserted in manner and form following viz. M r Speaker For as much as such Laws as God is to be honoured by and that also such laws as our Noble Soveraign and this worthy Realm of England are to be enriched strengthened and preserved by from all foreign and domestick Enemies and Traytors are to be made by this Honourable Council I as one being moved and stirred up by all dutiful love and desirous even for conscience sake and of a mind to set forwards God's Glory the wealth strength and safety of our natural Queen and Commonweal do earnestly desire by question to be satisfied of a few questions to be moved by you M r Speaker concerning the liberty of this Honourable Council for I do asture you I praise my God for it that I do find in my self a willing mind to deliver unto this Honourable Assembly some little taste and account of that simple Talent which it hath pleased God of his singular favour and goodness to bestow upon me to gain to his Highness honour and Glory and to shew unto my noble Prince and Commonwealth true faithful and dutiful service of the which mind I am sure M r Speaker here are many godly faithful and true hearted Gentlemen in this Honorable Assembly howbeit the want of knowledge and experience of the liberties of this Honourable Council doth hold and stay us back For as we have a hearty desire to serve God her Majesty and this noble Realm even so are we fearful and loth to give or offer any offence to her Majesty or unto her Laws the which we presume we shall not do if keep our selves within the Circle of them and no man can observe that whereof he is ignorant Wherefore I pray you M r Speaker eftsoons to move these few questions by question whereby every one of this House may know how far he may proceed in this Honourable Council in matters that concern the
sent to the House of Commons by M r Attorney and M r D r Carew The Bill for the relief of the poor in times of extream dearth of Corn was read secunda vice and referr'd to these Committees following viz. The Lord Archbishop of Canterbury the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Southampton the Bishop of Winchester the Bishop of Coventry and Litchfield the Bishop of Hereford the Bishop of Bath and Wells the Bishop of Norwich the Bishop of Chester the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord De la Ware the Lord Cobham the Lord Mountjoy the Lord Darcy the Lord Windsor the Lord North the Lord Chandois the Lord S t John the Lord Buckhurst The two Chief Justices the Lord Chief Baron M r Justice Gaudy M r Serjeant Drew and M r Attorney General to attend the Lords Vide plus antea November 7 th Monday These Committees to meet at the little Council Chamber at the Court of Whitehall on Saturday next being the 10 th day of this instant December at two of the Clock in the Afternoon The Bill for erecting of Houses of Correction and for punishment of Rogues Vagabonds and Sturdy Beggars was read secunda vice and referr'd to the Committees for the former Bill and the same time and place appointed for meeting And also Authority was given to the said Committees to call such of the House of Commons unto them at this meeting as they should find cause to confer withal for the better perfecting of the Bill Three Bills also of no great moment had each of them one reading of which the last being the Bill for Arthur Hatch her Majesties Ward for the enjoying the Rectory or Parsonage of South Molton according to an Agreement thereof had c. was read secundâ vice Upon which reading it was Ordered that all parties whom this Bill may concern either on the part of M r Hatch or against him shall be heard openly in the House upon Monday next the 12 th day of this instant December by their Councel Learned and all specialties concerning the same to be then produced to the end it may be considered whether it shall be convenient to pass this Bill or no M r Serjeant Drew and M r Attorney being appointed by the Lords to inform themselves against that time whether any thing be contained in the Bill that may prejudice the poor Knights of Windsor and to make Report thereof accordingly on the part of the said poor Knights Vide December 12 th postea The Bill lastly for the establishing of the Possession of Sir Henry Unton Knight lately deceased and for payment of his Debts was read secunda vice A Motion was made by some of the Lords and approved by the House that there should be respite of some days taken before the third reading for any such Party or Parties as the Bill concerneth and namely any of the Wentworths to come to the House and alledge if they find cause why the Bill should not proceed And the next Tuesday was assigned for this purpose 〈◊〉 〈◊〉 the Knight Marshal's Man that arrested John York the Lord Archbishops Servant was brought before the Lords this day by the Serjeant at Armes and being found upon his Examination before the Lords to have wilfully offended therein against the priviledge of the House was committed to the Prison of the Fleet there to remain till their Lordships should give direction for his enlargement Vide concerning this matter on Wednesday the 14 th day of this instant December following On Friday the 9 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for establishing of the Hospital of Queen Elizabeth in Bristol and for relief of the Orphans and Poor there was read secundâ vice upon the reading whereof some Amendments were thought sit by the House to be added which were presently drawn and agreed upon by the same House which being twice read the Bill with the said Amendments were Ordered to be ingrossed Seven Bills were brought up to the Lords from the House of Commons of which the first being the Bill that the Lord Mountjoy may dispose of his Lands whereof he is Tenant in Tail by the Laws and Statutes of this Realm as other Tenants in Tail may do a private Statute made 27 Hen. 8. to the contrary notwithstanding was with three other of the said Bills being of no great moment read primâ vice The fifth was the Bill for repairing the Bridges of Newport and Carlioll in the County of Monmouth The sixth was for the establishing the Town Lands of Wanting in the County of Berks which Bill was returned with allowance of the Proviso so added by their Lordships after the same was presented by the House of Commons And the seventh and last was the Bill for the establishment of the new Colledge of the poor at Cobham in the County of Kent which was returned into the House without any Alteration On Saturday the 10 th day of December Three Bills of no great moment were each of them read tertiâ vice of which the first being the Bill for the erecting of Hospitals or abiding and working Houses for the Poor with another Bill of no great consequence which had been formerly sent up from the House of Commons to their Lordships were now with some Amendments sent down again from them to the said Commons by Serjeant Drew and Doctor Stanhop The Bill Entituled An Act against Forestallers Regraters and Engrossers was returned into the House by the Committees who were appointed on Monday the 15 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there omitted as a matter of small consequence with some Amendments which were twice read and Ordered to be ingrossed Three Bills of no great moment had each of them one reading of which the first being the Bill that the Lord Mountjoy may dispose of his Lands as other Tenants in Tail by the Laws and Statutes of this Realm may do a private Statute made An. 27 H. 8. to the contrary notwithstanding was secunda vice lect Upon the Motion of the Lord Marquess of Winchester It was Ordered that the Cause should be heard openly in the House upon Monday Morning next by the Learned Councel on both sides Vide Decemb. 12. sequen Three Bills also of no great moment were sent up to the Lords from the House of Commons of which the first was the Bill for the better and safer recording of Fines to be levied in the Court of Common Pleas and was returned and allowed by the said House of Commons without any Alteration On Monday the 12 th day of December to which day the Parliament had been last continued on Saturday foregoing a Motion and request was
had by the House of Commons and delivered by M r Secretary accompanied with many others for a Conference to be had concerning the Bill intituled An Act concerning Tellors Receivors c. Whereupon the House nominated the Lord Burleigh Lord Treasurer the Earl of Nottingham Lord Admiral and divers other Lords both Earls Bishops and Barons as Committees to confer with such a number of the House of Commons as should confer with the Lords touching the said Bill The Lord Chief Justice of England the Lord Chief Justice of the Common Pleas the Lord Chief Baron M r Serjeant Drew and M r Attorney being appointed to attend the Lords and the meeting to be at the great Councel Table at the Court at Whitehal to Morrow being the 13 th day of this instant December at two of the Clock in the Afternoon Two Bills of no great moment had each of them one reading of which the first concerning Stains Bridge was read tertiâ vice expedit The Councel on both parties viz. for Arthur Hatch on the one part and of the Dean and Chapter of Windsor of the other were admitted to publick hearing in the House And thereupon the Bill of Arthur Hatch was referred to Committees being Peers and Members of the House and the Lord Chief Justice of England and M r Attorney to attend their Lordships Vide concerning this matter on Thursday the 8 th day of this instant December foregoing The Councel on both parts for the Lord Marquess of Minchester on the one part and the Lord Wountjoy of the other were admitted to publick hearing in the House And thereupon no just cause to hinder or stay the proceeding of the Bill appearing the same was commanded to be read the third time and so was expedited Vide touching this business on Saturday the 10 th day of this instant December foregoing The Committees upon the Bill to enable the owners of Gavelkind Lands in the County of Kent to alter the said Custom who were appointed on Saturday the 10 th day of this instant December foregoing although their names and the Commitment of the said Bill upon the second reading be there purposely omitted as matter of small consequence returned the same to the House without alteration On Tuesday the 13 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for enabling of Edmund Mollineux Esquire to sell Lands for the payment of his Debts and Legacies was read secunda vice and committed unto the Earl of Shrewsbury and others and M r Justice Gaudie and M r Serjeant Crew to attend their Lordships Which Committees were Ordered to meet at the Earl of Lincolns House in Cannon Row on Thursday next by two of the Clock in the Afternoon Two Bills were sent up to the Lords from the House of Commons of which the second being the Bill for relief of the poor was read primâ vice Four Bills also of no great moment had each of them one reading of which the first being the Bill against Forestallers Regraters and Ingrossers was read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of some Amendments The Bill giving power and liberty to Sir John Spencer Knight Mary his Wife and Robert Spencer Esquire their Son to alienate certain Mannors and Lands in the County of Dorset and Bedford was read secunda vice And thereupon two Letters from the Lady Spencer to the Lord Chamberlain were read in the House signifying her pleasure and consent to the Bill The Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read secundâ vice And a motion being made in the House for some Amendent of the Bill the Amendment was presently agreed on in the said House On Wednesday the 14 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for explanation of the Statute made in the 5 th year of her Majesties Reign concerning Labourers was read tertiâ vice and thereupon was sent down to the House of Commons from whence it had been formerly brought up to their Lordships with some Amendments added thereunto by M r Attorney and D r Stanhop The Bill for the grant of three Subsidies and six Fifteenths and Tenths was brought up to the Lords from the House of Commons by M r Comptroller and others This day Order was given for the release of M r Wood out of the prison of the Fleet at whose Suit the Lord Chandois his Servant called Edward Barston was arrested so as he make satisfaction unto the said Barston of such charges as he was at by means of that Arrest Vide concerning this matter on Saturday the 26 th day of November foregoing as also on Thursday the first day Saturday the third day and on Monday the 5 th day of this instant December last past The like Order taken for the enlargement of William Cole that arrested John Yorke the Lord Archbishops Servant paying only the Fees of the Fleet. Vide touching this business on Thursday the eighth day of this instant December foregoing Certain Amendments were thought fit by the Committees to be added to the Bill intituled An Act for erecting of Houses of Correction and punishment of Rogues Vagabonds and Sturdy Beggers which Amendments were twice read and upon consideration of the same direction was given to some of the said Committees viz. the Lord North the Lord S t John and the Lord Buckhurst to review the said Amendments for reformation of some defects found therein by the House and the Lord Chief Justice of England appointed to attend them On Thursday the 15 th day of December Three Bills of no great moment had each of them one reading of which the first being the Bill for grant of three Subsidies and six Fiftenths and Tenths was read prima vice Six Bills were brought up to the Lords from the House of Commons of which the first was the Bill for establishing the Hospital of Queen Elizabeth in Bristol for relief of the Orphans and Poor there and was returned with allowance of the Amendments Certain Articles were presented in writing by the House of Commons touching their opinions and objections concerning the Bill of Tellors and Receivors which were delivered to M r Attorney to the end he might confer with the Judges upon the same and make Report to the Lords The Bill for Arthur Hatch her Majesties Ward was returned into the House by the Lord Treasurer first of the Committees who said that there were in the Bill certain Points that could not be well reformed whereupon motion was made to the House upon agreement amongst 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
foregoing The Bill for the establishing of the Bishoprick of Norwich and the Possessions of the same against a certain concealed title made thereunto was read secunda vice 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 being the 14 th day of this instant January to the end it might be considered whether the same may justly pass without prejudice to the said parties and George Lester then to be warned to attend Vide concerning this matter on Monday the 14 th day of December foregoing as also on Saturday the 14 th day Monday the 16 th day and Tuesday the 17 th day of this instant January following Another Bill also of no great moment touching Clothiers was read secunda vice and referr'd to Committees Vide plus de ista materia die sequente Certain Amendments were offered unto the House by the Committees upon the Bill Intituled An Act for the Naturalizing of certain Englishmens Children and others born beyond the Seas Which Amendments were presently twice read And thereupon both the Bill and the Amendments were read the third time and returned unto the House of Commons by M r Serjeant Drew and M r D r Carew On Friday the 13 th day of January the Bill concerning a Lease of great yearly value procured to be passed from her Majesty by William Kirkham was read primâ vice The said Kirkham and Ambrose Willoughby Esq are to be warned to attend the Lords on Monday Morning next being the 16 th day of this instant February at which time it is appointed that the said Bill shall be read the second time Vide touching this matter on Monday the 16 th day and Tuesday the 17 th day of this instant January following The Bill against deceitful stretching and tentering of Northern Cloth was read secundâ vice and committed to the Earl of Shrewsbury Viscount Bindon the Bishop of London the Bishop of Bath and Wells and the Bishop of Norwich the Lord Zouch and the Lord Buckhurst and the Lord Chief Baron M r Justice Owen and M r Baron Evers to attend their Lordships Vide concerning this attendance of the Judges on Monday the 7 th day of November foregoing The same Committees time and place appointed upon the Bill for the relieving of Clothiers concerning the weight of short broad and coloured Cloths c. the former Committees being part of this number having not had time to perfect the same who had been appointed yesterday Three Bills of no great moment had each of them one reading of which the last being the Bill to preserve the property of stoln Horses in the true Owners of Vouchers in sale of Horses in Fairs and Markets was read tertia vice and refused The Bill concerning the recovery and draining from the water certain overflown grounds in the County of Norfolk was read secundâ vice and referr'd to the same Committees upon the Bill formerly read of that kind concerning three hundred thousand Acres c. whose names see before on Wednesday the 11 th day of this instant January foregoing with Addition of the Lord S t John and M r Attorney to attend appointed to meet at the same time and place c. And such parties as the same may concern to be warned to attend also On Saturday the 14 th day of January certain Objections unto the Bill Intituled An Act for the increase of people c. were set down in writing by M r Attorney General and brought into the House by the Archbishop of Canterbury the first of the Committees And the same was sent to the House of Commons for their consideration thereof according to a Proviso made by their Lordships to the Select Committees of the House of Commons at the meeting yesterday about that Bill by Mr. Attorney General and Dr. Stanhop Vide concerning this matter on Thursday the 12 th day of this instant January foregoing as also on Friday the 20th day of the same Month following Upon Motion made by the Lord Archbishop that the Committees for the Bill of Tillage had not time to perfect the same at the meeting formerly Assigned It was Ordered by the House that the said Committees should meet again about it at the great Council Chamber c. The like Motion was made touching the Bill of Broakers and Pawn takers and the like Order Certain Knights and Burgesses of the House of Commons sent to the Lords to desire a Conference with a competent number of that House concerning the Amendments and Provisoes added to the Bill Intituled An Act for erecting of Houses of Corrections and punishment of Bogues Vagabonds and Sturdy Beggars Whereupon choice was made of the Lord Archbishop the Lord Admiral the Earl of Shrewsbury and the Bishop of Winchester being part of the number formerly appointed upon that Bill the three Chief Justices Mr. Serjeant Drew and Mr. Attorney to attend And the same presently signified to the said Knights and Burgesses but with this caution That whatsoever had been amended or added by their Lordships could not now be altered by the Orders of the House Howbeit to yield the House of Commons satisfaction of the reasons that moved their Lordships to make those Amendments they assented to the Conference and the meeting was appointed to be in the outward Chamber of the Upper House of Parliament on Monday the sixteenth day of this instant January following by eight of the Clock in the Morning On which said Monday see more of this matter The Bill for reforming of sundry abuses committed by Souldiers and others used in her Majesties services concerning the Wars was read primâ vice The Councel Learned as well on the part of the Bishop of Norwich and his Tenants as on the part and behalf of George Lester were heard openly in the House but for the present no further Order or proceeding therein Vide touching this business on Tuesday the 20 th day of December last past and on Thursday the 12 th day of this instant January foregoing as also on Monday the 16 th day and Tuesday the 17 th day of the same Month next ensuing The Earl of Essex not able to attend for want of health was certified by the Lord North. The Bishop of Landaff absent by reason of sickness signified by the Bishop of Chester On Monday the 16 th day of January to which day the Parliament had been last continued on Saturday foregoing Two Bills had each of them one reading of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the City of Lincoln and the Town corporate of Nottingham was read secundâ vice and committed unto the Lord Treasurer of England the Earl of Essex Earl Marshal the Earl of Nottingham Lord Admiral the Earl of Northumberland the Earl of Shrewsbury the Bishop of Winchester the Bishop of Bath and Wells the Bishop of Chester the Lord
Trust touching Lands given to Charitable uses was returned to the House by the Archbishop of Canterbury the first of the Committees 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 engrossed in Parchment ready for a third reading Upon a Motion by the Earl Marshal that the Committees in the Bill against lewd and wandring persons who were appointed Yesterday had not convenient time this Morning to perfect the said Bill according to the Order of the House agreed upon Yesterday their Lordships appointed the said Committees to meet again about the same to Morrow Morning before the House sit The Bill entituled An Act for the encrease of people for the service and defence of the Realm was returned to the House by the Earl of Shrewsbury the first of the Committees And because it seemed to all the Committees appointed for this Bill together with the Judges that notwithstanding the Conference with divers selected persons of the House of Commons this Bill could not proceed Order was given to the Judges and especially to the Lord Chief Justice to draw a new Bill Whereupon this new Bill following was brought into the House The Bill against decaying of Towns and Houses of Husbandry was read primâ vice The Bill against carrying of Pelts c. was returned into the House by the Earl Marshal Excuse was made by the Lord Admiral for the Earl of Hereford's absence for want of health The like excuse by the Lord Chandois for the Lord La Ware The Earl Marshal signified unto the House that the Lord Mordant and the Lord Sheffeild have leave of her Majesty for their absence On Friday the 27 th day of January Two Bills of no great moment had each of them one reading of which the first being the Bill to prohibit the carrying of Herrings beyond the Seas was read secundâ vice but no mention that it was committed The Bill against decaying of Towns and Houses of Husbandry was read secundâ vice Certain Amendments upon this Bill were drawn by the Lord Chief Justice and being allowed by the House were also twice read and thereupon the Bill with the said Amendments was commanded presently to be engrossed The Bill touching the making of short broad course coloured Cloths in the Counties of Suffolk and Essex was upon the second reading committed unto the Earl of Shrewsbury Lord Viscount Bindon the Lord Bishop of London the Bishop of Bath and Wells the Bishop of Norwich the Lord Hunsdon Lord Chamberlain the Lord Zouch the Lord Wharton the Lord Darcie of Chich and the Lord Buckhurst and the Lord Chief Justice of England the Lord Chief Baron M r Justice Owen and M r Baron Evers to attend their Lordships Two Bills lastly had each of them their third reading of which the first being the Bill to reform deceits and breaches of Trust touching Lands given to charitable uses with some Amendments was returned to the House of Commons by M r Serjeant Drew and M r Doctor Stanhop for their consideration of the said Amendments The Lord Treasurer took his place this day as Baron of Burleigh between the Lord Buckhurst and the Lord Compton The Lord Admiral took his place as Earl of Nottingham between the Earl of Lincoln and the Lord Viscount Bindon And the Lord Chamberlain his place as Baron of Hunsdon between the Lord Chandois and the Lord S t John of Bletso On Saturday the 28 th day of January the Bill for the lawful making of Bayes c. The Bill to restrain the excessive making of Malt and one other of no great moment were each of them read tertiâ vice and sent down to the House of Commons by M r Serjeant Drew and Doctor Carew The Bill for establishing a Jointure to Anne Lady Wentworth was read secunda vice and committed unto the Earl of Essex Lord Marshal the Earl of Northumberland the Earl of Shrewsbury the Bishop of Winchester the Bishop of Bath and Wells the Bishop of Norwich the Lord Chamberlain the Lord Zouch the Lord Cobham the Lord Sandes the Lord Chandois and the Lord Compton and M r Baron Clerke and M r Baron Evers or either of them to attend their Lordships The Bill lastly for confirmation of Statutes Merchants acknowledged in the Town Corporate of Newcastle upon Tine was read secundâ vice But no mention is made in the Original Journal-Book that this Bill was committed for at the next sitting viz. Die Lunae 30 o die Januarii the same Bill was read tertiâ vice and sent to the House of Commons by Doctor Carew and Doctor Stanhop On Monday the 30 th day of January to which day the Parliament had been last continued on Saturday foregoing the Bill for retailing Broakers and other Pawn-takers was returned to the House by the Lord Archbishop of Canterbury the first of the Committees And because the Committees found many defects therein so that they thought the same unfit to proceed they therefore together with the said Bill presented a new Bill intituled as the former which was read primâ vice The Bill touching the making of short broad course coloured Cloths which was committed on Friday the 27 th day of this instant January foregoing was returned to the House by the first of the Committees and therewithal because the same was by the said Committees thought defective a new Bill of the same title was likewise presented Two Bills of no great moment had each of them one reading of which the second being the Bill for confirmation of Statutes Merchant acknowledged in the Town Corporate of Newcastle upon Tine was read tertiâ vice and sent down to the House of Commons by D r Carew and D r Stanhop Seven Bills were sent up to the Lords from the House of Commons of which the fourth being the Bill against lewd and wandering persons pretending themselves to be Souldiers or Mariners was returned with the allowance of an Amendment which was added by the Lords Sir Robert Cecill and other Knights and Burgesses that brought the seven Bills last mentioned and moved the House for a Conference concerning the Bill sent from their Lordships Intituled An Act for reforming of sundry abuses committed by Souldiers and others used in her Majesties Services concerning the Wars to which Conference the Lords assented and the time and place appointed to Morrow in the Afternoon at the Great Council Chamber at the Court at Whitehall and the same Committees that were formerly appointed on Monday the 16 th day of this instant January foregoing and the Earl of Sussex the Earl of Shrewsbury the Earl of Rutland the Lord Zouch and the Lord Cobham were added unto them The Bill Intituled An Act for the enabling of Edmund Mollineux Esq to sell the Lands c. was returned to the House by the Earl of Rutland the first of the Committees or Arbitrators with Amendments which
only for Order to leave some short Memorial of them in the Journals of the House of Commons Now follows the continuance of the Parliament out of the Original Journal-Book of the Upper House where it is Entred in these words viz. Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis quintum Mensis Novembris After which as is set down in the foresaid private Journal room being made the Queen came through the Commons to go to the great Chamber who graciously offering her hand to the Speaker he kist it but not one word she spake unto him and as she went through the Commons very few said God save your Majesty as they were wont in all great Assemblies and so she returned back again to Whitehal by Water Now follow the next days Passages out of the Original Journal-Book of the Upper House On Thursday the 5 th day of November to which day the Parliament had been last continued on Friday the 30 th day of October foregoing were two Bills read of which the first being for Assurance of Lands and the second for the restraint of the excessive and superfluous use of Coaches within the Realm of England were each of them read primâ vice On Saturday the 7 th day of November 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 Zouch the Lord Cobham the Lord Grey the Lord Rich the Lord Howard of Walden and the Lord Chief Justice of her Majesties Bench the Lord Chief Justice of the Common Pleas the Lord Chief Baron and M r Attorney General were appointed to attend their Lordships The Bill to restrain the excessive use of Coaches within this Realm of England was read secundâ vice and rejected Hereupon Motion was made by the Lord Keeper that forasmuch as the said Bill did in some sort concern the maintenance of Horses within this Realm consideration might be had of the Statutes heretofore made and Ordained touching the breed and maintenance of Horses And that M r Attorney General should peruse and consider of the said Statutes and of some fit Bill to be drawn and prefer'd to the House touching the same and concerning the use of Coaches And that he should acquaint therewith the Committees appointed for the Bill before-mentioned for Assurance of Lands Which Motion was approved by the House The Bill for the preservation of Pheasants and Partridges was read primâ vice On Tuesday the 10 th day of November Two Bills had each of them one reading of which the second being the Bill for preservation of Pheasants and Partridges was read secundâ vice and committed unto the 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 Pembrook and divers others to attend the Lords Vide concerning this attendance of the Judges upon the Lords Committees on Thursday the 3 d day of this instant November foregoing who were appointed to meet at the Little Chamber near the Parliament presence and the Bill was delivered to the Archbishop of Canterbury On Thursday the 12 th day of November to which day the Parliament had been last continued on Tuesday foregoing The Bill concerning Musters Souldiers and other things appertaining thereunto was read secundâ vice and committed unto the Archbishop of Canterbury the Lord Treasurer and divers other Lords both Spiritual and Temporal And the Lord Chief Justice of England the Lord Chief Justice of the Common Pleas M r Justice Walmesley M r Justice Warberton M r Serjeant Yelverton and M r Attorney General were appointed to attend the Lords Two Bills were brought up to the Lords from the House of Commons by Sir William Knolles and M r Secretary Herbert of which the first being the Bill against fraudulent Administration of Intestates goods was read primâ vice The Bill for Assurance of Lands was this day returned to the House with certain Amendments by the Lord Archbishop of Canterbury the first of the Committees which Amendments were presently twice read and thereupon the Bill was appointed to be ingrossed Memorandum That upon the reading of the said Amendments the Lord Bishop of London one of the Committees did offer to speak unto the Bill or unto the said Amendments Whereupon a doubt was moved by the Earl of Nottingham Lord Steward whether it were agreeable to the good Order and Antient Custom of the House that the said Lord Bishop being one of the Committees and dissenting from the rest in some matter either of the Bill or of the Amendments might speak thereunto upon the bringing in and presenting of the Amendments or no. Which doubt being upon this occasion propounded in generality to the House by the Lord Keeper and put to the question It was adjudged and resolved by the major part That any Committee might speak in like case either to the body of the Bill or to the Amendments upon the bringing in of the same before it be ingrossed Upon which resolution Order was given to the Clerk of the Parliament that a remembrance or observation thereof should be Entred in the Journal-Book for the resolving and clearing of the like doubt if it should happen hereafter And thereupon after the reading of the Amendments the said Lord Bishop of London proceeded to his Speech and the Bill was appointed to be ingrossed as aforesaid Vide in the Parliament de an 39 Regin Eliz. on Tuesday the 24 th day of January Memorandum Report was made unto the House by the Lord Zouch of one William Hogan an Ordinary Servant of the Queens Majesty Arrested and Imprisoned upon an Execution by one John Tolkerne since the beginning of the Parliament And a Motion was likewise made by his Lordship to know the Judgment and resolution of the House in this point whether any Ordinary Servant of her Majesty though he be none of the Parliament be not priviledged and protected from Arrest during the time of the Parliament by vertue of his said Service to her Majesty in like sort as the Servants of the Lords of the Parliament attending the said Lords their Masters are priviledged and freed for that time from any Arrests of their Persons And withal being Arrested upon Execution whether in this Case he may by good Order of this House be discharged Which Motion and doubt the Lord Zouch professed that he did the rather propound because though there were divers Examples of former times touching the Servants of the Lords of the Parliament the like to this concerning one of the Queens Servants had not been so far as was remembred brought in question heretofore And therefore it pleased the Lords to take
Fretchvill the Knights for Norfolk M r John Hare and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon Sir Francis Hastings offered a new Bill touching resorting to the Church on Sunday and prayed the acceptance thereof and the reading The Bill for the more diligent resorting to the Church on Sunday had its first reading Thus far of the Passages of this day out of the Original Journal-Book of the House of Commons the residue is out of the private Journal The Speaker stood up and wisht the House to advise what they would do with the Prisoners that served Sir Edmund Morgan and M r Pemerton with Subpoena's and shewed that they were ready at the Door to attend M r Tate said I will be bold to offer two Precedents to this House touching serving of Subpoena's yet first let us enter into consideration of the force of the Priviledges we now have It is manifest and I think no man doubteth but that heretofore the Houses of Parliament were both one without division and that the United Body of the Parliament had the same Priviledges and Jurisdictions which we now have And though there be Session or separation of the United Body yet the Priviledges do remain still entire For by most antient Records of this Realm it may plainly appear that the same Priviledges serve both Houses The first Precedent is in King Edward the first his dayes when the Templers had certain Tenants of the Parliament House which were behind with their Rents and they made humble Petition to the King that they might either distrain their Bodies or Goods for the same The King as it appeareth Answered Non videtur honestum quòd aliquis de Magno Parliamento nostro distringatur So that it seems we are Priviledged from all kind of distress whatsoever The second is one Pogo de Clare who did presume to serve a Citation upon Edmond Earl of Cornwall within Westminster-Hall as he was going to the Parliament House for which he was sent to the Tower and made to submit himself de alto basso and a Fine of twenty thousand Marks imposed upon him which he truly paid Besides because Westminster-Hall was within the Precinct Liberties of the Abbot of Westminster he was Fined a thousand pound for that contempt But by Mediation of the Bishop it was remitted to a hundred pound which he also truly paid to the Abbot And our use at this day is not warranted by antient course of Precedents for if a man had been Arrested upon a Subpoena upon notice given he should have had a Writ of Priviledge which of course her Majesty must have allowed Then he made a long Speech upon Trewinnard and Skewish's Case 35 Hen. 8. Dyer fol. 55. Pl. 8. 36 H. 8. 59. Pl. 17 c. See the Book at large M r Bretten shewed that a Member of this House M r Philips the Lawyer was served with a Privy-Seal out of the Court of Wards by one Thomas Deane Servant to one M rs Chamberlain a Widow who when he delivered the Process being told it would be taken in evil part by the House said he cared not and that the House would punish him for it and bring him on his Knees he Answered his Mistress would 〈◊〉 him out and she made no doubt but she should find as good Friends there as he had Whereupon the House willed that she and her Servant should be sent for by the Serjeant M r Holcrost shewed the House that many Complaints were made but none punished many sent for but none appeared There was a matter Complained of by one M r Morrice a Gentleman that had his Man Arrested at his Heels by the Sheriffs of Shrewsbury and nothing was done therein M r Morrice said that after the House had given Order to the Serjeant to go he came said he unto me to certifie him of the Parties and of the particulars And what he hath since done therein I know not M r Roger Owen said May it please you M r Speaker my self being chosen for the Shire think it my part to speak something seeing the Burgesses for the Town neglect their duties in not speaking True it is that such Order was given from the House but the Gentleman M r Morrice and some others being willing to let me have the Examination of the matter came before me and upon Examination a wise Examination no doubt quoth M r Secretary I sound that he was no menial Servant but only a Servant that brought him part of the way and was to go no further with him towards the Parliament Whereupon I think the Serjeant having so much notice stayed M r Browne of Grayes-Inn said M r Speaker it seemeth this matter is shufled up I humbly pray the Serjeant may be heard And all the House cryed I I. After three Congies made the Serjeant shewed that he was with M r Morrice and that he offered him to send one of his men but because he was in doubt of finding them he desired some part of his Fees or money for his charges or Horses or else he would find Horses or get one of his fellow Serjeants to go because he could not well be spared from this Service if not he would for his more Expedition procure a Pursevant to go with a Warrant under M r Speaker's hand and some of the Honourable of the Councel in this House for the more speedy Passage All which courses M r Morrice rejected And I hope the House meant not I should go or send on my own Purse or hazard the charge my self And therefore I hope this will be sufficient for my discharge And all the House cryed I I I. So no more was said of that matter for the Speaker seemed to favour the cause and therefore he presently stood up and asked if the House would have the Prisoners in which served Sir Edmund Morgan and M r Pemerton and by this shift the former matter was shufled up Christopher Kennell and William Mackerells were brought to the Bar the one for serving Sir Edmund Morgan with a Subpoena the other with serving Mr. Pemerton with the like Writ Christopher Kennell said M r Speaker and the rest of this Honourable House I am though poor a Gentleman born and known to many in this Assembly This perhaps may be a cause to aggravate my offence I hope there is no man that doth not know me and I am sure there is no man which doth know me but thinketh I would not willfully commit such an offence as this is I have been sometimes though unworthy a Member of this House and I have seen and known the Justice of the House in the like Cases But M r Speaker if there be either honesty or Christianity in me by the same I do protest that I knew not Sir Edmund Morgan was of this House of Parliament which I think he will avouch himself And as soon as I heard it
same Table Painted a Tree so lively as possible might be growing as it were out of the Sea There grew a question which was the most curious Workmanship and the deciding of the Controversie was referr'd to a third skilful Painter who gavethis Judgment of the Tree O valde bene sed non hic erat locus So may I say of this Bill It is as hard for this penalty to restrain this Sin as for Religion to spring out of the Common Law and to take effect Aristotle saith a Man may be Bonus Civis but not Bonus Vir And though I abhor the sin yet I deny not but a Sinner may be a good Member Moses when he saw God could but see his back parts only and no Man ever saw more Why these Swearers swear by all his Parts so perfectly as though they had seen him 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 presently paid as soon as he had Sworn or else the Swearer to lose his Head We use so much Levity in our Law that we had as good make no Law for we give a Penalty and to be taken upon condition before a Justice of Peace Here is wise stuff first mark what a Justice of Peace is and we shall easily find a Gap in our Law A Justice of Peace is a living Creature yet for half a Dozen of Chickens will dispense with a whole dozen of penal Statutes We search and ingross the retail These be the Basket Justices of whom the Tale may be verified of a Justice that I know to whom one of his poor Neighbours coming said Sir I am very highly rated in the Subsidy Book I be seech you to help me To whom he Answered I know thee not Not me Sir quoth the Country man Why your Worship had my Teem and my Oxen such a day and I have ever been at your Worships Service Have you so Sir quoth the Justice I never remember'd I had any such matter no not a Sheeps-Tail So unless you offer Sacrifice to the 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 chusing out he 'll gain a hundred pounds by the Bargain Nay if he be to send out a Warrant upon a mans request to have any fetcht in upon suspicion of Felony or the like he will write the Warrant himself and you must put two shillings in his Pocket as his Clerks Fee when God knows he keeps but two or three Hindes for his better maintenance Why we have past here five Bills of Swearing going to Church good Ale Drunkenness and ..... this is as good to them as if you had given them a Subsidy and two Fifteenths Only in that point I mislike the Bill for the rest I could wish it good passage Sir Francis Hastings said amongst other Speeches to this Bill That such Justices were well worthy to be lockt up in an Ambery But he wisht that all might not be censured for one evil who though he neglected both the care of Conscience and Country which he should love yet doubtless many did not so as being touched in Conscience to remember that our long Peace should make us careful to please Him in doing of Justice that had preserved us and was the Author of our Peace God himself And thereupon the said Bill was ingrossed as aforesaid Mr. Wiseman moved the House to remember two things one that it had been an Antient Custom in Parliament sometimes to call the House which as yet was not done the other that whereas heretofore Collection had been used for the Poor those which went out of Town would ask leave of the Speaker and pay their money Sir Edward Hobbie 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 Custom that some contribution or Collection should be made amongst us in pios usus And I humbly pray we do not forget our Parliamental Charity Every Knight paid ten shillings every Burgess five shillings part of the whole to the Minister and part to your Servant here and part to the Poor the rest at your disposals The last time our Charity ransom'd a Prisoner for the Father 's good desert The last time Sir Robert Wroth and Mr. Fettiplace were Collectors It rests in you either to appoint them or chuse others Mr. Fettiplace said It is true Mr. Speaker I was Collector the last year there was paid out of the money collected to the Minister ten pound to the Serjeant thirty pound to Sir John Leveson for the redemption of Mr. Fox his Son that made the Book of Martyrs thirty pound There was money given to Prisons that is the two Counters Ludgate and Newgate in London in Southwark two and Westminster one How old the Custom is I know not but how good it is I know For my own particular having once undergone that service already I humbly pray that it would please you to accept another Mr. Tate said Charity proceedeth from Conscience it breeds obedience to God it pleaseth God and so went on and spake for a Town in his Country lately burnt that it would please the House to contribute something to the Poors Loss The Bill for the assurance of the Joynture of Lucie Countess of Bedford was read the third time and passed upon the question The Bill for Denization of certain persons born beyond the Seas as also the Bill for Confirmation of the Grant of King Edward the Sixth to Sir Edward Seymour Knight had each of them one reading and passed upon the question and with three others were sent up to the Lords by M r Comptroller Mr. Secretary Herbert and others Sir Walter Raleigh made Report of the Travel of the Committees in the Bill touching the payment of Debts upon Shop-Books who were appointed on Wednesday the 15 th day of November foregoing and brought in the Bill with some small Amendments and prayed the reading thereof Mr. Tate likewise brought in the Bill from the Committees touching Sir Anthony Mayney Knight with some Amendments and Alterations by the same Committees who were appointed on Monday the 23 th day of November foregoing The Amendments in the Bill touching Sir Anthony Mayney Knight c. were twice read and Ordered to be ingrossed M r Davies made Report of the meeting of the Committees in the Bill touching Painters and certifieth the Bill with some Amendments The Amendments in the Bill touching Shop-Books were twice read and with the Bill upon the question and division of the House Ordered to be ingrossed viz. with the Yea a hundred fifty four and with the No eighty eight These things being thus transcribed out of the Original Journal-Book of the House of Commons now sollows a Message delivered by
by two Witnesses before a Justice of the Peace And by this Statute if a Justice of Peace come into the Quarter Sessions and say it is a good Oath this is as good as an Indictment Therefore for my part away with the Bill Sir Francis Hastings said I never in my Life heard Justices of the Peace taxed before in this sort for ought I know Justices of Peace be men of Quality Honesty Experience and Justice I would ask the Gentleman that last spake but two questions the first if he would have any Penalty at all inflicted the second if in the first Statute or in this an easier way for the levying of this twelve pence If he deny the first I know his scope if the second no man but himself will deny it And to speak so in both is neither gravely religiously nor rightly spoken And therefore for God the Queen and our Countries sake I beseech a Commitment M r Carey Raleigh said The Sabbath is Ordained for four Causes First To meditate on the Omnipotency of God Secondly To Assemble us together to give thanks Thirdly That we might be the better enabled to follow our own Affairs Fourthly That we might hallow that day and sanctify the same King James the Fourth in the Year 1512. and King James the Sixth in the Year 1579 or 1597. did erect and ratify a Law that whosoever kept either Fair or Market upon the Sabbath his moveables should presently be given to the Poor Men gathering of sticks were stoned to Death because that was thought to be a kind of Prophanation of the Sabbath In France a Woman refusing to sanctify the Sabbath Fire appeared in the Air this moved her not it came the second time and devoured all that ever she had only a little Child in the Cradle excepted But to come nearer our selves in the Year 1583. the House of Paris Garden by Gods just Judgment fell down as they were at the Bear-baiting the 23 th of January on a Sunday and four hundred persons sorely crushed yet by God's Mercy only eight slain outright I would be an humble Suitor to the Honourable that sit about the Chair that this brutish Exercise may be used on some other day and not upon the Sunday which I with my heart do wish may be observed and doubt not but great reformation will come if this Bill pass To the better effecting whereof I humbly pray that if there be imperfections in it it may be committed Sir George Moore said I have read that the tongue of a man is so tyed in his mouth that it will stir and yet not so tied that it will stir still It is tied deep in the Stomach with certain strings which reach to the heart to this end I say that what the heart doth offer the tongue may utter what the heart thinks the tongue may speak This I know to be true because I find it in the word of truth Out of the abundance of the heart the mouth speaketh For the Gentleman that last spake and so much inveighed against Justices it may be it proceeds out of the corruption of his heart howsoever I mean not to search it or answer him only I turn him to Solomon and mean to answer him with silence Without going to Church doing Christian Duties we cannot be Religious and by Religion we learn both our Duty to God and to the Queen In doing our Duty to God we shall be better enabled to do our Duty to our Prince And the word bindeth us that we should give to God that which is due to God Et Caesari quae sunt Caesaris Amongst many Laws which we have we have none for constraint of Gods Service I say None though one were made in primo of this Queen because that Law is no Law which takes no force for Executio Legis vita Legis Then let us not give such cause of Comfort to our Adversaries that having drawn a Bill in Question for the service of our God we should stand so much in questioning the same Once a Month coming to Church excuseth us from danger of the Law but not from the Commandment of God who saith Thou shalt sanctifie the Sabbath day that is every Sabbath This Bill ties the Subject to so much and no more which being agreeable with the Law of God and the Rule of Policy I see no reason why we should stand so strictly in giving it a Commitment M r Bond said I wish the Sabbath sanctified according to the precise Rules of Gods Commandment but I wish that S t Augustins Rule may be observed in the manner non jubendo sed docendo magis monendo quà m minando I like not that power should be given to the Justices of Peace for who almost are not grieved at the luxuriant Authority of Justices of Peace By the Statute of 1 Edw. 3. they must be good men and lawful no maintainers of evil but moderate in Execution of Laws for Magistrates be men and men have always attending on them two Ministers Libido Iracundia men of this nature do subjugate the free born Subject Clerks can do much Children more and Wives most It is dangerous therefore to give Authority in so dangerous a thing as this is which I hold worth your second thoughts quae solent esse prudentiores Her Majesty during all the time of her Reign hath been clement gracious meek and merciful yea chusing rather delinquere I know not how to term it in Lenity and not in Cruelty But by this Statute there is a constraint to come to divine service and for neglect all must pay Plectentur Achivi the poor Commonalty whose strength and quietness is the strength and quietness of us all he only shall be punished he vexed For will any think that a Justice of Peace will contest with as good a man as himself No this Age is too wise I leave it to this House whether it stand with Policy when four Subsidies and eight Fifteenths be now granted to bring the poorer sort into greater fear by these and such like Laws Malus custos diuturnitatis metus And in the gracious Speech which her Majesty lately delivered unto us she used this that she desired to be beloved of her Subjects It was a wise Speech of a wise Prince for an Historian saith Timor excitat in vindictam Therefore M r Speaker I mislike the Bill in that point touching Justices and also touching taxation I will only say thus much with Panutius in the Nicene Council Absit quòd tam grave jugum fratribus nostris imponamus I am sorry said M r Comptroller after sorty three years under her Majesties happy government that we shall now dispute or commit a Bill of this nature And I would that any voice durst be so bold or desperate as cry Away with this Bill The old Statute gives the penalty this new only speedier means to levy it I much marvel that men will or dare accuse Justices
in the old and the new On Thursday the 10 th day of December the Bill touching Silk-Weavers c. was read the second time and committed unto the Knights and Citizens for London the Citizens for York Bristoll Norwich and Canterbury Mr. Barrington M r Johnson and others who were appointed to meet this Afternoon in the Exchequer Chamber M r Johnson a Committee in the Bill for Assize of Fuel brought in the Bill amended in some parts by the Committees and delivered it in The Amendments in the Bill touching the Assize of Fuel were twice read and the Bill was Ordered to be ingrossed The Bill touching the taking away of Gavelkind Custom in Kent was read the third time M r Francis Moore said He thought the Bill a very idle and frivolous Bill and injurious for if a Man take a Wise by the Custom she shall have the Moiety but now if we make it go according to the Common Law she shall have but the third part So if the Father commit a Felony and be Hanged the Son shall not lose his Inheritance because the Custom is The Father to the Bough the Son to the Plough which at Common Law he shall lose M r Serjeant Harris said I think this Bill a very good Bill for it defeats a Custom which was first devised as a punishment and plague unto the Country For when the Conqueror came in the reason of this Custom was to make a decay of the great Houses of the antient Britains For if a Man of eight hundred pound per Annum had had eight Children it must be divided into eight parts And then if these also had Children subdivided again usque in non quantum whereas if it had gone to one by the Common Law it would still have flourished c. M r Bois among many reasons shewed that it would in Kent be a great loss to the Queen of her Subsidy for by reason of these Sub-divisions there were many ten pound men And whosoever knows the State of our Country shall find more by under ten pound men than above come to the Queen And now if these being divided in several hands should now go according to the Common Law this would make the Queen a great loser Being put to the question the No was the greater yet the I I I. would needs go forth and upon division it appeared the I I I. were sixty seven and the No a hundred thirty eight and so the Bill was rejected The Bill for suppressing of Alehouses and Tipling-Houses was read the second time and upon the question for committing dashed M r Francis Moore offered a Proviso to the House and shewed that he was of Councel and standing Fee with the Corporation of Vintners in London and shewed that they were an antient Corporation and had ever used by force of divers Charters of Kings of this Realm to sell Wines and now by this Bill all was inhibited And therefore c. which was received Mr. Johnson said If this Bill should pass it would breed a great confusion of Government for by this Law the Justices of the County might enter into the liberty 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 Justice Now when these four Justices have enabled him by this Law they have not power upon his misbehaviour to put him down and so very insufficient and impossible to be mended Sir Robert Wroth said The Bill is that no man shall sell 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 twenty or thirty Miles for a Licence and what a monstrous trouble to all the Justices I refer to your considerations c. and so the Bill was dashed as is aforesaid Mr. Speaker shewed her Majesties Pleasure to be that this House should proceed in all convenient speedy course of dispatching the businesses at this time fit to be dealt in for that her Majesty purposeth shortly to end this present Session of Parliament This Message being thus transcribed out of the Original Journal-Book of the House of Commons now follows the residue of the Passages of this Forenoon out of a private Journal Sir Edward Hobbie said We attended the Lords this Morning touching the Information against Mr. Belgrave and in the end concluded That forasmuch as it concerned their Lordships as well as our Priviledges they desired some time to consult and will send us word of their resolutions Vide December the 16 th Wednesday ensuing Doctor Stanhop and Doctor Hone brought a Bill from the Lords Intituled An Act for establishing of the remainder of certain Lands of Andrew Kettleby Esq to Francis Kettleby and so they departed Then the questions upon the continuance of Statutes were offered to be read but the House called for the Bill of Ordnance yet the Clerk fell to read the questions but the House still cryed upon Ordnance At length Mr. Carey stood up and said In the Roman Senate the Consul always appointed what should be read what not so may our Speaker whose place is a Consuls place if he err or do not his duty sitting to his place we may remove him And there have been Precedents But to appoint what business shall be handled in my opinion we cannot At which Speech some hissed Mr. Wiseman said I reverence Mr. Speaker in his place but I take great difference between the old Roman Consuls and him Ours is a Municipial Government and we know our own Grievances better than Mr. Speaker And therefore fit every man alternis vicibus should have those Acts called for he conceives most necessary All said I I I. Mr. Hackwell said I wish nothing may be done but with consent that breeds the best Concordance my desire is the Bill of Ordnance should be read If you Mr. Speaker do not think so I humbly pray it may be put to the question Mr. Martin and Mr. Francis Moore stood up but Mr. Martin first one would not yield to the other and great calling there was till at length Mr. Comptroller stood up and said I am sorry to see this confusion in this House it were better we used more silence and kept better Order Yesterday you Ordered the continuance of Statutes should be read now in an humour you cry Ordnance Ordnance I pray you that which we first decree let us stick to and not do and undo upon every idle Motion Mr. Secretary Cecill said I will speak shortly because it best becomes me neither will I trouble your Patience long because the time permits it not It is a Maxim praestat otiosum esse quà m nihil agere I wish the Bill for continuance of Statutes may be read and that agrees with the Precedent Order of this House and more with the gravity