is very necessary that like diligence and pains be taken by you and others to see the good Execution of all the effect of which charge consisteth principally in three points The first is Conservation of the Queens Peace The second in Administration of Justice between Subject and Subject And the Third in the observation of one uniform Order in Religion according to the Laws now Established For the first ye are to foresee all manner of Frays Forces Riots and Routs and the discovering and repealing in time of all manner of Conspiracies Confederacies and Conventicles and in this part also you are to provide for the swift and speedy appeasing of all manner of Tumults stirs and uproars if any happen and for the diligent searching out and severe punishment of all manner of Felonies Burglaries and all other like Enormities Matters as you know against the Queen's Majesties Peace Crown and Dignity for the well doing whereof two things are chiefly to be eschewed The one is sloathfulness the other is uncarefulness for how can Justice banish these Enormities where her Ministers be so sloathful that they will never creep out of their Doors to any Courts Sessions or Assizes for the due Administration thereof except they be drawn thereunto with some matters of their own nor cannot endure to have their Ears troubled with the hearing of Controversies of their Neighbours for the good appeasing of the same or how can the uncareful man that maketh no account of any of the common causes of his Country but respecteth only his private matters and Commodities become a just and diligent searcher out follower and Corrector of Felonies Murders and such like common Enemies to the Common-Wealth And yet true it is that such careless and sloathful men do daily colour and cloak these their faults with the title of Quietness Coveting to be counted good and quiet men where indeed they seek only ease profit and pleasure to themselves and that to be sustained and born by other mens cares and labours as Drones do amongst Bees But if every man should do so who seeth not but things would shortly come to ruine in default of Order for they may easily judge that it is madness to seek the conservation of any particular Member and to suffer the whole body to decay but being well served by some mens opinions as they care for none so should none care for them or else that better were in mine opinion they should be used by men as Drones be used by Bees And thus much for the first part For the second you are to provide that all Embracers Maintainers and Champerties which be utter Enemies to the due Execution of Justice between Subject and Subject be neither committed by any of you nor as near as you can be suffered to be committed by any other A very behoveful matter to be both carefully and earnestly looked unto as the root and seed of all Justice and especially if any of these faults light upon any person that hath Authority or Rule in the Country or hath any office of Justice to execute among the people Is it not trow you a monstrous disguising to have a Justicer a maintainer to have him that should by his Oath and Duty set forth Justice and right against his Oath and Duty to offer injury and wrong to have him that is specially chosen amongst a number by the Prince to appease all Brablings and Controversies to be a sower and maintainer of strife and Sedition amongst them seeking his reputation and opinion by leading and swaying of Juries according to his Will acquitting some for Gain Enditing others for Malice bearing with him as his Servant over-throwing the other as his Enemy procuring all Questmongers to be of his Livery or otherwise in his danger that his winks frowning and countenance may direct all Inquests Surely surely it is true that these be they that be subverters and perverters of all Laws and Orders yea that make daily the Laws that of their own nature be good to become Instruments of mischief These indeed be they of whom such Examples would be made and the founders and maintainers of all enormities and these be those whom if you cannot reform for their greatness yet ought you to complain of their villanies and thus much for the due Administration of Justice And as to the third which is the Observation of the uniform Order in Religion you are to endeavour your selves to the best of your powers and understandings drawing together in one line all points to further set forth and maintain the same which by great and deliberate advice here in Parliament hath been established And here great Observations and watch should be had of the withdrawers and hinderers thereof and especially of those that subtilly by indirect means seek to procure the contrary Amongst these I mean to comprehend as well those that be too swift as those that be too slow those I say that go before the Laws or beyond the Laws as those that will not follow for good Government cannot be where Obedience faileth and both these alike break the Rule of Obedience And these be those who in likelyhood should be beginners and maintainers and upholders of all Factions and Sects the very Mothers and Nurses to all Seditions and Tumults which necessarily bring forth destruction and depopulation of these therefore great heed would be taken and upon these being found sharp and severe Correction according to the Order of Laws should be imposed and that in the beginning without respect of persons as upon the greatest adversaries that can be to Unity and Concord without which no Common-Wealth can long endure and stand whereupon you know all our standing and falling wholly consisteth and the surety of our Sovereign Also a matter most marvellous that Laws whereby men possess all that they have and their lives also should not be able to direct mens actions so as thereby all Factions and Sects founded for the most part either upon Will or upon the Glory of mens Wits and Inventions should not sufficiently be repressed Now for the handsome bridling of the factions of men I see not that a better way can be taken than is used by the Horse-Master who provideth for the good Government of his Horse Bit or Brakes according to the tenderness or hardness of his Mouth whereunto he addeth a certain and well-taught hand And like as it is very well to be allowed that none other Bit or Brake should be provided for these Factious Folks than by the Laws be forced so were it meet that any of that kind be it never so sharp should not be omitted if the cause so requireth and this would be executed by a certain and well-taught hand for it cannot be but the winking or withdrawing from medling in this matter or the remiss or loose handling thereof must of necessity over-throw in time the whole fruits of all your Labours and put your selves your Country and the Queens
reformed the said Bill according to some parts of the Alterations sent by this House unto them and did also bring a Bill from their Lordships touching Edward Lord Zouch with special recommendation also from their Lordship to this House for expediting the Bill for the Hospital of Ledbury which was before sent from their Lordships to this House Two Bills lastly had each of them one reading of which the second being the Bill for relief of the Creditors of Sir Thomas Gresham K t deceased was read the second time and committed unto Sir Thomas Sampoole M r Recorder M r Sands M r Cowper M r Alford and M r Norton who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon this present day On Friday the 10 th day of March Five Bills of no great moment had each of them one reading of which the last being the Bill for the repairing of Dover Haven was read the third time and passed upon the question M r Doctor Lewes and M r Doctor Barkley did bring from the Lords two Bills viz. one for restitution in blood of Philip Earl of Arundel another for the Pardon and Restitution in Blood of John and Dudley S r Leger with request also to this House to have consideration of the Bill of Fines and Recoveries which came to this House from their Lordships The Bill for the repair of Dover Haven was sent up to the Lords by M r Treasurer and others The Bill touching the true making melting and working of Wax was read the third time and passed upon the Question The Amendments in the Bill for the relief of the Creditors of Sir Thomas Gresham Knight deceased were twice read and so the Bill upon the question was Ordered to be ingrossed The Bill for reformation of Errors in Fines and common Recoveries was read the second time and committed unto Sir Thomas Sampoole M r Recorder of London M r Cromwell M r Cobly and others who were appointed to meet this Afternoon at Serjeants-Inn Hall On Saturday the 11 th day of March Eight Bills of no great moment had each of them one reading of which the two last the one being for the Inning of Erith and Plumsted Marsh and the other for reformation of errors in Fines and Recoveries were each of them read the third time and passed upon the Question The Bill touching slanderous words rumors and other seditious practices against her Majesty which coming first from the Lords unto this House and afterward with some alterations and Additions passed this House and so sent up again unto their Lordships and again sithence brought from thence to this House with some other alterations by their Lordships made unto the said former Additions and Alterations of this House and not disallowing the amendments of this House was upon the Question after sundry Motions and Arguments resolved by this House to be sent up again unto their Lordships and left with them as a Bill that this House cannot deal withal On Monday the 13 th day of March the Bill for relief of the Creditors of Sir Thomas Gresham Knight deceased was read the third time and passed upon the Question Five Bills were sent up to the Lords from the House of Commons of which one was the Bill for reformation of Errors in Fines and Recoveries and another for the restitution in Blood of Anthony Mayney Esquire Three Bills of no great moment had each of them one reading of which the last being the Bill for confirmation of an assurance of a certain yearly Rent-Charge of eighty two pounds ten shillings to the Bishop of Coventry and Litchfield and his Successors was read the third time and passed upon the Question Mr. Treasurer with others which carried up the last Bills to the Lords coming into this House again from their Lordships Mr. Treasurer did declare that after he had delivered the other Bill he then shewed their Lordships that this House had sent up to be left with their Lordships a Bill against slanderous words and rumors and other seditious practices against her Majesty for that the same Bill when it was last sent to this House by their Lordships was and is such as this House cannot deal with and that thereupon the Lord Chancellor answered that as their said Lordships were not to take knowledge of the opinion of this House touching the state of the said Bill so their Lordships would not receive the said Bill Which Report being made by M r Treasurer the Bill was thereupon left in this House Vide March the 14 th Tuesday following The Bill touching Iron-Mills near unto the City of London and the River of Thames was read the third time and three Provisoes likewise thrice read and all after many Arguments passed upon the Question M r Doctor Barkley and M r Doctor Ford did bring from the Lords a Bill for the Exposition of the Statute of Bankrupts and also that their Lordships do require a Conference to be had with ten of their Lordships at two of the Clock this Afternoon at the Court in the Council Chamber touching the Bill for maintenance of the Borders towards Scotland and thereupon were appointed the former Committees in the same matter who were appointed on Saturday the 25 th day of February foregoing The Bill for the Lord Zouch and the Bill for the Lord Compton had each of them one reading being the second reading After some Motions and Speeches offered upon the reading of the said Bill for the Lord Zouch it was resolved That as well the Lord Zouch with his Learned Councel as also any person or persons any thing claiming or pretending in the Lands mentioned in the said Bill and their Councel should be heard in this House to Morrow next And that Sir James Dyer Lord Chief Justice of the Common-Pleas should likewise there be heard in this House to Morrow next touching the Record mentioned in the said Bill and remaining in the said Court of Common-Pleas and also that the same Record should likewise be then brought into this House there to be seen and perused for the better satisfaction of this House in their further proceedings in the said Bill And withal that M r Speaker should by Order of this House give notice unto the said Lord Chief Justice to be here at the said time and bring with him the said Record accordingly Vide concerning this matter on Tuesday the 14 th day and on Friday the 17 th day of this instant March following On Tuesday the 14 th day of March Three Bills of no great moment had each of them one reading of which the third being the Bill against secret Conveyances and deceitful sale of Lands was read the second time and committed unto Sir Thomas Sampoole M r Recorder of London Mr. Atkins Mr. Lewkenor Mr. Cowper and others who were appointed to meet in the Middle Temple Hall at two of the Clock this Afternoon Sir James Dyer Knight Lord Chief
QUEEN ELIZABETH IN PARLIAMENT A. L. Chancellor B. Marquises Earles C. Barons D. Bishops E. Judges F. Masters of Chancery G. Clerks H. Speaker of y e com̄ons I. Black Rod. K. Sergeant at Armes L. Members of the Commons house M. Sr. Francis Walsingham Secretary of State THE JOURNALS OF ALL THE PARLIAMENTS During the REIGN of Queen ELIZABETH BOTH OF THE HOUSE of LORDS AND HOUSE of COMMONS Collected By Sir SIMONDS D'EWES of Stow-Hall in the County of SUFFOLK Knight and Baronet Revised and Published By PAUL BOWES of the MIDDLE-TEMPLE LONDON Esq LONDON Printed for John Starkey at the Mitre in Fleetstreet near Temple-Bar 1682. TO Sir Willoughby D'Ewes Baronet SIR ALthough none can have so good Title to your Father's Labours as your Self and the improvement of his Posterity by them was his great desire yet he did not intend to confine them to his own Family but his Study tended to the publick good Amongst those very many and large Volumes Written by his own hand and his Servants I made choice thoroughly to revise these Journals in the Collecting of which the most indesatigably Industrious Author imployed much Time Labour and Cost constantly endeavouring to find out the Truth and faithfully and impartially relating the same In his own Preface to which there needs no other to be added he doth declare his Credentials and Vouchers̄ and also the Usefulness of the Work But there are several other good purposes to which these Journals are very conducible not particularly mentioned in his Preface Yet I shall name but two The one to be a discovery of the true intent and meaning of some Acts of Parliament of those times which are now controuerted The other to be a just representation of that Sincerity Perspicuity and Unreseruedness with which the Members of Parliament then exprest their Minds and gave their Advice that there was no difficulty to understand them The Authority and substantial Excellency of these Collections especially since the Original Journal Books are not now extant and their rarity do sufficiently recommend them to all Judicious Persons and did abundantly convince me that I could do no better service to my Country nor greater Justice to the Memory of my Worthy Uncle than to publish this Monument of his Fame Nor do I know how duly to express my thankfulness to you otherwise than by this publick acknowledgement as of your many other Favours so in particular for my free access unto and use of your well stored Library which hath furnisht me with this opportunity to subscribe my self Your most Obliged Humble Servant PAUL BOWES THE PREFACE OF Sir Simonds D'Ewes BEFORE THE ENSUING JOURNALS OF ALL THE Parliaments and Sessions of Parliament during the Reign of Queen ELIZABETH Wherein are expressed the several Materials and Authorities out of which the said Journals were extracted and drawn As also what Method and Form hath been observed in the transcribing of them together with the excellency and use of them IN respect that these ensuing Journals both of the Upper House and House of Commons during the Reign of that Incomparable Princess and Virgin Queen Queen Elizabeth whose memory will ever remain dear and precious to the Church of God are Collected and Framed up by my exceeding great pains and diligence out of several Materials and do contain in them Incomparable Historical matters both touching the Church and State as well as matters of rarity and Precedent incident to the Orders Priviledges or Usages of either House It shall not be amis shortly to touch those Heads that so they may serve as a Key for the better Direction and Guidance in the use of the Journals themselves First therefore I will set down briefly all those Materials out of which I have Collected these ensuing Journals Secondly the Method I have constantly observed in the causing them to be Penned or Transcribed And thirdly the rich Treasures of rarity and knowledge contained in them First for the Materials out of which I drew these ensuing Journals of either House they were for the most part rare and invulgar viz. 1. The Original Manuscript or Journal-Books of the Upper House of every Parliament and Session of Parliament of the Queens Reign remaining in the Office of the Clerk of the same House and these are absolute and undeniable Records and therefore could not be removed out of the said Office but I was inforced as often as I had occasion to use them to repair unto the same to which I had most free and respectful access always offered me as also to the Bundles of Original Acts and Petitions reserved there 2. A large Manuscript Abridgment in Folio of all the said Original Journal Books of the Upper House during her Majesties Reign very faithfully for the most part collected and transcribed with his own hands by Robert Bowyer Esquire who continued Clerk of the said House ab an 6 Jacobi Regis until the eighteenth year of the same King 3. The Original Journal-Book Manuscripts of the House of Commons of every Parliament and Session of Parliament during her Majesties Raign 4. Another help which I had for the perfecting of these Journals were the two Manuscript Volumes of Fragmentary and Imperfect Journals or rather Collections of the Parliaments and Sessions of Parliament of Queen Elizabeth's Reign which remained in Sir Robert Cottons well known and much famoused Library in the said Years 1629 and 1630. out of which I had most of the Speeches of Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England Out of these also I had passages which did excellently serve to enlarge and beautify some of the Journals of the House of Commons as is fully mentioned in their proper places In which two Volumes of Parliamentary Collections which then remained in Sir Robert Cottons Library as asoresaid who since Deceased on Friday the 6. day of May Anno Domini 1631. many things being either ignorantly or negligently referred to other times than in truth they belonged unto are here rectified and enlarged according as the occasion it self required 5. And another means to enlarge these Ensuing Volumes were Manuscripts or written Fragments I had by me of Parliamentary Speeches Petitions and such like Passages especially touching the House of Commons all which served most fitly in their due places to supply those things and matters in which the Original Journal-Books themselves were defective 6. A further material for the furtherance of this present work was a Manuscript Treatise which I had by me Intituled Modus tenendi Parliamentum apud Anglos Compiled especially as I conceive by Robert Bowyer Esquire and afterwards enlarged by Henry Elsing Esquire at this present Clerk of the Upper House of Parliament in which were many good Collections touching Proxies Summons Receivors and Tryors of Petitions the Commons Prolocutor and other matters incident to the Passages of the Journals of either House and those especially gathered out of Records of which Treatise there is very
ensuing The Session of Parliament held in the 18 th year of Queen Elizabeth began on Wednesday the 18 th day of February Anno Domini 1575. and was Prorogued on Thursday the 15 th day of March ensuing The Session of Parliament held in the 23. year of Queen Elizabeth began on Monday the 16 th day of January Anno Domini 1580. and was Dissolved on Friday the 19 th day of April Anno Domini 1583. The Parliament held in the 27 th year of Queen Elizabeth began on Monday the 23. day of November Anno Domini 1584. and was Dissolved on Wednesday the 14 th day of September An. Domini 1586. Anno 28 Regin ejusdem The Parliament held in the 28 th and 29 th years of Queen Elizabeth began on Saturday the 29 th day of October Anno Domini 1586. and was Dissolved on Thursday the 23. of March Anno 29 Regin ejusdem The Parliament held in the 31. year of Queen Elizabeth began on Tuesday the 4 th day of February Anno Domini 1588. and was Dissolved on Saturday the 29 th day of March Anno Domini 1589. The Parliament held in the 35 th year of Queen Elizabeth began on Monday the 19 th day of November Anno Domini 1592. and was Dissolved on Tuesday the 10 th day of April Anno Domini 1593. The Parliament held in the 39. and 40. years of Queen Elizabeth began on Monday the 24. day of October Anno Domini 1597. and was Dissolved on Thursday the 9 th day of February An. 40 Regin ejusdem The Parliament held in the 43. and 44 th years of Queen Elizabeth began on Tuesday the 27 th day of October Anno Domini 1601. and was Dissolved on Saturday the 19 th day of December ensuing Anno 44. Regin ejusdem The Names of the Lord Keeper Lord Chancellor or others who supplied their places as Speakers of the House of Lords during all the Reign of Queen ELIZABETH as also all the Names of all the Clerks of the said House of Parliament together with the Names of the several Speakers of the House of Commons and Clerks of the same House during all the Parliaments of the said Queens Reign The several Years of her Majesties Reign in which the said Parliaments or Sessions of Parliament were held The Names of the Lord Keeper Lord Chancellor c. and of the Clerks of the House of Lords The Names of the Speakers of the House of Commons and of the Clerks of the same House IN the Parliament held in the first Year of Queen Elizabeth Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England whose place was supplied Mar. 4. by the Marquess of Winchester Lord Treasurer of England Sir Thomas Gargrave Knight Speaker  Francis Spilman Esquire Clerk of the Upper House ..... Seimour Gent. Clerk of the House of Commons In the Session of Parliament held in the fifth Year of Queen Elizabeth The same Lord Keeper Thomas Williams Esq Speaker The same Clerk The same Clerk In the Session of Parliament held in the ninth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his being sick of the Gout First by the Marquess of Winchester Lord Treasurer of England after by Sir Robert Catlin Knight Lord Chief Justice of the Kings Bench. Richard Onslow Esq the Queens Sollicitor  The same Clerk who either died or surrendred his place before the next Parl. began in An. 13 Reg. Eliz. The same Clerk In the Parliament held in the thirteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes during his sickness by Sir Robert Catlin K t Lord Ch. Justice of the Kings Bench. Christopher Wray Serjeant at Law Speaker  Anthony Mason aliàs Wilkes succeeded Francis Spilman in the place of the Clerk of the House of Lords Fulk Onslow Gent. Clerk of the House of Commons In the Session of Parliament held in the fourteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied in his absence for divers days by Sir Robert Catlin K t Lord Chief Justice of the Kings Bench. Robert Bell Esq Speaker  The same Clerk The same Clerk In the Session of Parliament held in the eighteenth Year of Queen Elizabeth The same Lord Keeper and his place supplied for divers dayes in his absence by the Lord Burleigh Lord Treasurer of England The same Speaker  The same Clerk The same Clerk In the Session of Parliament held in the twenty third Year of Queen Elizabeth Sir Thomas Bromley Knight Lord Chancellor John Popham Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the twenty seventh Year of Qucen Elizabeth The same Lord Chancellor John Puckering Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the twenty eighth and twenty ninth Years of Queen Elizabeth The same Lord Chancellor and his place supplied for divers dayes during his sickness by Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas. John Puckering Serjeant at Law Speaker again  The same Clerk The same Clerk from Oct. 29. to Dec. 2. 1589. And the same Clerks Kinsman W. Onslow Gent. from Febr. 15. to March 23. ensuing In the Parliament held in the thirty first Year of Queen Elizabeth Sir Christopher Hatton Knight Lord Chancellor George Snagg Serjeant at Law Speaker  The same Clerk The same Clerk In the Parliament held in the thirty fifth Year of Queen Elizabeth Sir John Puckering Knight Lord Keeper of the Great Seal of England Edward Coke Esq the Queens Sollicitor Speaker  The same Clerk The same Clerk In the Parliament held in the thirty ninth and fortieth Years of Queen Elizabeth Sir Thomas Egerton Knight Lord Keeper of the Great Seal of England Christopher Yelverton Serjeant at Law Speaker  Thomas Smith Esq succeeded Clerk of the Upper House to Anthony Mason alids Wilkes The same Clerk In the Parliament held in the 43 44 Years of Queen Elizabeth The same Lord Keeper J. Croke Esq Recorder of London The same Clerk The same Clerk THE JOURNAL OF THE House of LORDS A o 1 o Regin Eliz. A. D. 1558 1559. The Journal of the Proceedings of the House of Lords in the Parliament holden at Westminster A o 1 o Regin Eliz. Anno Dom. 1558. beginning there after one Prorogation of the same on Wednesday the 25 th of January and then and there continued until the Dissolution thereof on Monday the 8 th day of May Anno Dom. 1559. QUeen Mary Deceased on Thursday the 17 th day of November in the year of our Lord 1558. and the Parliament then Assembled in the 6th and last year of her Reign thereby immediately Dissolving the thrice Excellent and Prudent Princess Queen Elizabeth according to her right and Hereditary Title without any opposition or difficulty King Philip being then very happily absent beyond the
occasions Licensed to depart On Wednesday the first day of March the Bill for false using of Linnen-Cloth and the Bill for Gavelkind for Thomas Browne and George Browne were each of them read the second time and Ordered to be ingrossed The Bill against Cancellations of Recoveries was read the first time And the Bill for allowances to be made to Sheriffs being read the second time was as it should seem committed to M r Comptroller and others The Bill also for Ecclesiastical Laws to be made by thirty two persons And the Bill for the assurance of certain Lands late parcel of the Bishoprick of London to the Lord Wentworth the Lord Rich and the Lord Darcy were each of them read the second time and thereupon Ordered to be ingrossed The Bill also for recognition of the Queens Highnesses Title to the Crown of this Realm was read the third time and passed the House The Bill lastly for restitution in Blood of the Lord Grey and the Bill also for restitution in Blood of Sir James Crofts were each of them read the second time The Bishop of Winchester in proper person required the Copy of the Bill exhibited here touching his Lands which was granted And further to bring in his Answer and Counsel on Saturday next at nine of the Clock On Thursday the 2 d Day of March the Bill for restitution in Blood of Sir Henry Gates was read the second time The Bill to revive a Fair at Linn-Regis at Candlemas was read the first time And the Bill for changing the Parish Church of Avernant in Wales And the Bill for Incorporation of Trinity-Hall in Cambridge were each of them read the second time and Ordered to be ingrossed The Bill touching Ingrossers and Forestallers of divers Victuals was read the first time The Bill for searching and sealing Woollen Cloths was read the second time Three Bills were sent up to the Lords by M r Comptroller and others of which one was the Bill for recognition of the Queens Highnesses Title to the Crown of this Realm The three Bills for restitution in Blood of John Lord Grey Sir James Crofts and Sir Henry Gates had each of them their third reading and passed the House The Bill lastly concerning the Confirmation of the Bishoprick of London to the now Bishop of London was read the first time On Friday March the 3 d the Bill for the restitution in Blood of Edward Lewkenor and three of his Brethren and six of his Sisters And the Bill against often buying and selling of Horses and Mares had each of them one reading The Bill for the true Garbling of Feathers The Bill that Leases of Benefices shall not be charged with payment of Tenths And the Bill against ingrossing of dead Victuals called Monopoly were each of them read the second time and Ordered to be ingrossed The Bill for Assurance of Lands late parcel of the Bishoprick of London to the Lord Wentworth the Lord Rich and the Lord Darcy The Bill for the Gavelkind Lands of Thomas Browne and George Browne And the Bill for the Incorporation of Trinity-Hall in Cambridge ..... M r Mason required that the Counsel of the Patentees for the Bishop of Winchesters Lands may be here to morrow to hear what the Bishop and his Counsel will say which Request was granted by the House M r Sollicitor coming from the Lords declared that ten of this House shall attend certain of the Lords to morrow for the Proviso in the Bill of Treasons Six Bills were sent up to the Lords from the House of Commons of which one was the Bill for the Incorporation of Trinity-Hall in Cambridge and another for Gavelkind Lands On Saturday the 4 th day of March four Bills of no great moment had each of them their first reading of which the last was the Bill for the Assurance of Hartlebury and Wychenford to Sir Francis Jobson and Walter Blount severally The Bill for the reviving of the Act for the carrying of Horses into Scotland And that for the Restitution of Robert Rudston were brought from the Lords by D r Vaughan John Cheeseman one of the Burgesses of Rumney in the five Ports for his business was Licensed to be absent The Bishop of Winchester in proper person opened his Title to the Mannors saying they had been parcel of the Bishoprick by a thousand three hundred Years and required this House of Justice The Queens Atturney hearing the talk of the Bishop required for the Queen that he might be heard for the Queen touching certain Lands late parcel of the said Bishoprick and Day was given as well to M r Atturney as to the Bishop to be here on Monday next at half an hour before nine of the Clock M r Chancellor of the Dutchy complained that M r White had called him a Witness not to like the Book of Service M r White answered that M r Chancellor said he wished the Book to be well considered of But for that the House doth take that Mr. White did mistake him therefore Mr. White standing asked him forgiveness which Mr. Chancellor did take thankfully On Monday the 6 th day of March the new Bill for Artificers in the County of Kent to dwell in Towns was read the first time Divers Arguments were had touching Cancellation of the Records in the Chancery for the late Bishop of Winchesters Lands and the Examination thereof was committed to Mr. Comptroller and others The Queens Attorney for that the Bishop of Winchester had brought Learned Counsel with him desired they might say their minds whereby Mr. Attorney might fully Answer and the Bishop said that his Counsel was not yet instructed wherefore Mr. Attorney Answered the effect whereof was that the Appeal made by Gardiner was not of effect For that in the Commission at his Deputation was contained cum appellatione remota And so the Grant made to King Edward the Sixth by the Bishop ne point d'effect Mr. Noell and Mr. Bell of Counsel with the Patentees declared in effect for the Patentees as Mr. Attorney had shewed for the Queen On Tuesday the 7 th day of March three Bills of no great moment had each of them their first reading of which the last being the Bill that Executors shall make the Supervisors privy to the performance of a Will was committed to Mr. Chamberlain as it should seem to be considered of The Bill touching the late Bishop of Worcesters Lands to Sir Francis Jobson and M r Blount was read the second time and Ordered to be engrossed The Bill for carrying of unwrought Cloths of 6 l over the Seas was read the second time The Bill to revive a Fair at Linn Regis the day after the Purification of our Lady was read the second time and Ordered to be ingrossed And the Bill for preservation of Woods being read also the second time was committed The Bill touching the ingrossing of dead Victuals for a Monopoly And the Bill for Gerson Wroth born in Stratsburgh to be
Queens Mantle born over her Arms by the Lord Admiral and Lord of Hunsdon her Train born by the Dutchess of Norfolk assisted by the Lord Chamberlain and M r Astley Master of the Jewel-House and so her Majesty being placed the Duke of Norfolk the Lord Admiral and the Lord Hunsdon took their places and from time to time as her Majesty stood up her Mantle over her Arms was assisted up with the Lord Robert Dudley Master of the Horse and Sir Francis Knowles Vice-Chamberlain Then all being placed M r Williams the Speaker was brought in between Sir Edward Rogers Comptroller and Sir Ambrose Cave Chancellor of the Dutchy and after one obeysance made proceeded down to the Wall and from thence came up to the Rail in the way making three Obeysances and after he was up at the Rail he made three Obeysances and then began his Oration as followeth THis it is most Excellent and Vertuous Princess c. As nature giveth to every reasonable Creature to speak so it is a grace to be well learned and I presenting the Mouth of such a Body as cannot speak for it self and in the presence of your Majesties Person and Nobles must most humbly desire and crave of your Highness to bear with my imperfections This Common-Wealth hath been by Gods Providence first instituted and since by Mans Policy continued wherein Justice and good Counsel is most to be preferred for Antient Law-makers and Authors of good Laws be worthy to be praised and had in perpetual remembrance and such are the Laws that we have made in this Common-Wealth as in mine Opinion do excel and pass all other humane Laws Amongst divers Authors of good Laws we have set forth unto us to the end they should not be forgotten three Queens the first Palestina the Queen Reigning before the Deluge who made Laws as well concerning Peace as War The second was Ceres the Queen which made Laws concerning evil doers And the third was Marc. Wife of Bathilacus Mother to Stillicus the King who enacted Laws for the maintenance and preservation of the good and well-doers And since that time Etheldred a King in this Realm Established Laws and set in most beaten high and cross ways a Cross and therein a Hand with a Ring of Gold pointing to the most usual way which also stood untaken away or diminished during his Life And so you are the fourth Queen Establisher of good Laws our most dread Soveraign Lady for your time as happy as any of the three which happiness for the present I let slip and desire as all our hearts do that some happy Marriage to your contentation might shortly be brought to pass your Majesty findings this Realm out of Order and full of Abuses have continually had a special care to reform the said Abuses and for the more expelling thereof have Congregated together this Assembly whereby partly to your Contentation for Reformation of the same to its old pristine Estate and for Money and Peace is all that chiefly we have done for which purposes we have agreed upon and made certain Laws which until your Majesty have granted your Royal Assent and so given Life thereunto cannot be called Laws And herein requiring of your Majesty three Petitions two for the Commons and one for my self the first for such Laws as they have made being as yet without Life and so no Laws that it would please your Majesty to grant your Royal Assent unto them Secondly that your Highness would accept their doings in good part that the imperfections of their Labours by your acceptance may be supplied for as appeareth in sundry Histories the persons of those Princes and Subjects have long continued which have well used themselves one toward th' other which without neglecting of my duty I cannot in your presence so let slip for as it appeareth in divers Histories the Noble Alexander having presented unto him by one of his poor Souldiers the Head of one of his Enemies he not forgetting the Service of his Souldier although herein he had done but his Duty gave unto him a Cup of Gold which first the Souldier refused but after that Alexander had Commanded it to be filled with Wine and delivered him he received it whereby appeareth the Noble and Liberal Heart of the said Alexander Also Xenophon writing of the Life of Cyrus who being liberal of Gifts having vanquished Craesus and he marvelled at his liberality said it were better to keep it by him than so liberally to depart from it unto whom Cyrus answered That his Treasure was innumerable and appointed Craesus a day to see the same and thereupon took Order that his Subjects should before that time bring in their Treasure which being innumerable and more than Cyrus by any other means could have given Craesus much wondred thereat Cyrus said thou causest me to take of my Subjects and retain the same but what need I to take when they so frankly will bring it unto me and so as occasion serveth ready continually to supply my want therefore how can I be but rich having such Subjects but if they by my means or any other were poor then were I poor also Which two worthy Examples of Alexander and Cyrus your Majesty hath not forgotten to ensue but with the like zeal have hitherto always used us and now especially at this present by your most gracious and free Pardon for the which and all other they by me their Mouth do most humbly thank you knowledging such and so much love and zeal of their parts towards your Majesty as ever any Subjects did bear towards their Prince and Governour And in token thereof with one Assent do offer to your Highness one Subsidy and two Fifteens most humbly beseeching your Majesty to accept it not in recompence of your benefits but as a Token of their Duty as the poor Widdows Farthing was accepted as appeareth in the Scripture Thirdly That it may also like your Majesty to accept my humble thanks in allowing and admitting me being unworthy of this place and bearing with my unworthy service and last of all my unfitting words uplandish and rude Speech beseeching God to incline your Majesties Heart to Marriage and that he will so bless and send such good success thereunto that we may see the Fruits and Children that may come thereof so that you and they may prosperously and as long time Reign over us as ever did any Kings or Princes which God for his Mercies sake grant unto us And so he ended making his Obeysance Then the Queen called the Lord Keeper unto her Commanding him in her Name to Answer him as she then declared unto him which followeth M r Speaker The Queens Majesty hath heard how humbly and discreetly you have declared the Proceedings and for Answer hath Commanded me that I should utter three or four things the first for her Royal Assent to the Acts made at this Parliament Secondly How comfortably and also thankfully her Majesty
therein Vide touching this Bill in fine diei praecedentis On Thursday the 11 th day of February Three Bills of no great moment had each of them one reading of which the last being the Bill for Servants robbing their Masters Buggery Invocation of evil Spirits Inchantments c. to be Felony was read the third time and passed the House Mr. Attorney and Mr. Sollicitor brought from the Lords a Bill against Forgers of Deeds which was presently read the first time On Friday the 12 th day of February Three Bills had each of them one reading of which the third being the Bill for punishment of Forgers of false Deeds and Wills was read the second time But no mention is made that it was either referr'd to Committees or Ordered to be ingrossed because it had been formerly sent from the Lords The House desired the Privy-Council to 〈◊〉 the Queens Majesty to have in 〈◊〉 their Petition looking for her most Gracious Answer Vide touching this matter on Thursday the 28 th day of January foregoing as also on Tuesday the 16. day of this instant February following The Committees do certifie the House that Sir Hen. Jones his men may be committed to the Serjeant and that he attend Mr. Recorder and Mr. Gargrave with the persons before the Lord Chief Justice to enter with Sureties in Bond of five hundred pound to appear personally in the Queens Bench in Trinity Term next to Answer to such things as shall be then objected to them on the Queens behalf and so set at Liberty Vide concerning this matter on Friday the 5. day on Monday the 8. day and on Wednesday the 10. day of this instant February foregoing On Saturday the 13. day of February Arguments touching the Oath of Assessors in the Subsidy being had the Bill was Ordered to be engrossed Vide plus on Tuesday the 9. day of this instant February foregoing Two Bills had each of them one reading of which the latter being the Bill touching levying of Fines for respite of Homage was read the second time and rejected For that John Harrington Esquire returned Burgess of S t Ives in Cornwal and also for Carnarvon in Wales doth appear for Carnarvon a Writ was required for a Burgess for S t Ives On Monday the 15. day of February the new Bill touching Usury was read the first time Three Bills were sent up to the Lords by Mr. Vice-Chamberlain of which one was the Bill touching Servants robbing their Masters and Buggery to be Felony The Bill against those that extol the Bishop of Rome and refuse the Oath of Allegiance was read the second time and as it should seem committed to Mr. Vice-Chamberlain and others not named Divers Arguments being had upon the Bill for respite of Homage it was at the last rejected On Tuesday the 16. day of February Two Bills of no great moment had each of them one reading of which the first being the Bill touching Usury was upon the second reading Ordered to be ingrossed Robert Parker Servant to Sir William Woodhouse Knight for Norfolk attached in London at the Suit of Thomas Raber Baker in Transgr had a Warrant for Priviledge notwithstanding a judgment given against him Mr. Serjeant Carus and Mr. Attorney brought from the Lords five Bills for Restitution in Blood of divers persons Mr. Comptroller and Mr. Secretary declared from the Queens Highness that she doubted not but the grave Heads of this House did right well consider that she forgot not the Suit of this House for the Succession the matter being so weighty nor could forget it but she willed the young Heads to take Example of the Antients Vide touching this business on Saturday the 16. day Monday the 18. day Tuesday the 19. day Tuesday the 26. day Wednesday the 27. day and on Thursday the 28. day of January foregoing as also on Friday the 12. day of this instant February preceeding Vide April the 10. postea On Wednesday the 17. day of February Three Bills of no great moment had each of them one reading of which the first being the Bill to confirm the Liberties of Exeter was read the second time and Ordered to be ingrossed On Thursday the 18. day of February Six Bills had each of them one reading of which the fifth being the Bill for Confirmation of the Liberties of Exeter was read the third time and passed the House And the last being the Bill for punishment of Usury and unlawful Bargains was read also the third time and passed per Divisionem Domus viz. with the Bill a hundred thirty four and against it ninety On Friday the 19. day of February Two Bills had each of them one reading of which the first being the Bill for the Subsidy and two Fifteens granted by the Temporalty was read the third time and passed the House Vide touching this Bill on Tuesday the 9. day of this Instant February foregoing Thomas Andrews Esq Burgess for Sudbury in Suffolk and Thomas Eymis Burgess for Thuske in the Country of York for their weighty affairs have Licence to be absent On Saturday the 20. day of February Three Bills had each of them one reading of which the last being the Bill against ingrossing of Wooll and that Wooll-Winders may buy Wooll was read the second time and thereupon rejected Three Bills were sent up to the Lords by Mr. Vice-Chamberlain of which one was for the punishment of Usury and another for the Subsidy granted by the Temporalty Four other Bills also had each of them one reading of which the third being the Bill against those that shall extol the Bishop of Rome or shall refuse the Oath of Allegiance was read the third time and passed the House Robert Wieth Gent. Burgess for Wiche in the County of Worcester for his necessary affairs is Licensed to be absent On Monday the 22. day of February Four Bills of no great moment had each of them one reading of which the second being the Bill for the Bowyers of London And the last to raise Grigg Mills between Plime and Dart in Devonshire were each of them read the second time and Ordered to be ingrossed The Bill against those that extol the Bishop of Rome c. was sent up to the Lords by Mr. Secretary William Poughnyll Gent. Burgess of Ludlow in the County of Salop for his great affairs in the Marches hath Licence to be absent On Tuesday the 23. day of February Seven Bills of no great moment had each of them one reading of which the first being for the avoiding of divers Foreign Wares The second touching Badgers of Corn The third for punishment of those that call themselves Egyptians And the fourth for allowance to Sheriffs for Justices Dyets at the Assizes were each of them read the second time and Ordered to be engrossed Richard Bertie Esq one of the Knights of the County of Lincoln for his weighty affairs was Licensed to be absent On Wednesday the 24. day of February Four
blank or void place was read the second time but no mention is made that it was either Ordered to be ingrossed or referred to Committees because it had been sent from the Lords on Saturday the 14 th day of this instant May foregoing The Bill for the preservation of Timber and Fuel within twelve Miles of London and Subburbs of the same was read secunda vice and committed to the Earl of Worcester the Earl of Rutland the Earl of Essex the Lord Abergavenny the Lord S t John of Bletsoe and the Lord Compton The Bill for the assurance of certain Lands according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read secunda vice The Bill for repeal of a Statute made for the Town of Shrewsbury an 8 Reginae Eliz. was read secunda vice and committed to the Earl of Bedford the Earl of Essex and others The Bill also touching Presentations to Benefices by lapse was read the second time and committed unto the Archbishop of York the Earl of Rutland the Earl of Hartford the Bishop of Worcester the Lord Cromwell the Lord Ewers Justice Southcott and Justice Wray The Bill for keeping of the Assizes and Sessions in the Town of Stafford and the Bill for annexing the Sheriffwicks of Huntingtonshire and Cambridgshire were each of them read secunda vice Commisse ad ingrossand The Bill lastly touching Sea-Marks and that no Hoy or Plate shall cross the Seas was read prima vice and committed to the Earl of Suffolk the Earl of Leicester the Lord Burlcigh the Lord Darey de Chich. the Lord Cheyney the Lord Norris Serjeant Barham and Doctor Lewes Nota That this is not committed only upon the first reading but also a Serjeant and a Doctor who are but Attendants upon the Upper House are here made joint Committees with the Lords On Friday the 30 th day of May Two Bills of no great moment had each of them one reading of which the first being the Bill for inserting of the name of the Mannor of Havering at Bowre in a blank and void place of certain Letters Patents of the late King Edward the Sixth made unto certain persons of certain Lands and Tenements in West-ham in the County of Essex was read the third time and passed the House On Saturday the 31 th of May Four Bills of no great moment had each of them one reading of which the third being the Bill for renewing of a Statute made for the keeping of the Assises and Sessions within the Town of Stafford was read tertia vice conclusa And the fourth and last being the Bill against corrupt Presentations was read secunda vice commissa to the Earl of Rutland the Earl of Sussex the Lord Chandois and the former Lords nominated on Saturday the 17 th day of this instant May foregoing where this Bill was then read the second time and then committed On Monday the second day of June Two Bills had each of them one reading of which the second being the Bill for the assurance of certain Lands and Tenements according to the meaning of Sir Thomas Woodhouse for the benefit of certain Infants was read tertia vice conclusa On Tuesday the third day of June Two Bills of no great moment had each of them one reading of which the first being the Bill to renew a Statute made an 1 o of the Queens Reign inhibiting the transporting of Leather or Raw-Hides out of the Realm was read secunda vice commissa ad ingrossand On Wednesday the 4 th day of June the Bill touching a Statute made an 1 mo of the Queens Reign inhibiting the transporting of Leather or Raw-Hides was read tertia vice conclusa and sent down to the House of Commons by Serjeant Barham and Doctor Huick Four Provisoes annexed by the Commons to the Bill for Vagabonds with certain other Amendments in the said Bill were read secunda tertia vice conclusa communi Procerum assensu Three Bills were brought up to the Lords from the House of Commons of which the first being the Bill for avoiding of Recoveries suffered by Collusion of Tenants for term of life and such others was read prima vice The Bill touching Mary the late Scottish Queen was Ordered to be ingrossed The Bill for avoiding of Recoveries suffered by Collusion of Tenants was committed to the Earl of Rutland the Earl of Sussex and others but there is no mention made whether this Bill was at all read of which see a like President on Wednesday the 28 th day of May foregoing On Thursday the 5 th day of June the Bill touching Mary the Daughter and Heir of James the Fifth late King of Scots was read tertia vice conclusa and sent to the House of Commons by Serjeant Barham and the Queens Attorney Five Bills were brought up to the Lords from the House of Commons of which the second being the Bill against such as shall conspire or practise the enlargement of any Prisoner committed for High-Treason and the third for annexing of Hexham and Hexhamshire to the County of Northumberland were each of them returned conclusae The Bill for the better and further assurance of certain Lands and Tenements to the maintenance of the Free Grammar-School at Tunbridge in the County of Kent was read prima vice and committed to the Archbishop of York the Earl of Bedford the Earl of Hartford the Bishop of Chichester the Bishop of Rochester the Lord de la Ware the Lord Norris the Master of the Rolls and Justice Southcott Vide concerning this Bill on Monday the 9 th day Tuesday the 10 th day and on Wednesday the 11 th day of this instant June following The Bill that no Hoy or Plate shall cross the Seas and touching Sea-Marks was read secunda vice commissa ad ingrossandum Dominus primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in horam secundam post meridiem Nota That this continuance of the Parliament with some others that follow by the Lord Chief Justice of the Kings Bench was not without some express Authority given him by her Majesty but through the great negligence of Anthony Mason Esq at this time Clerk of the Upper House it doth not appear in the Original Journal-Book of the same whether the said Authority were given by Commission or otherwise About which hour in the Afternoon four Bills of no great moment had each of them one reading of which the third being the Bill for the true making of Hand-Guns Callivers c. and the last for Partition of certain Lands between the Lord Latimer and Sir Robert Wingfeild K t and their Heirs were each of them read prima vice Dominus Primarius Justiciarius Banci Regis continuavit praesens Parliamentum usque in diem Crastinum hora nona On Friday the 6 th day of June Four Bills of no great moment had each of them one reading of which the last being the
many hands though falsly attributed to have been presented unto her Majesty in the Thirteenth Year of her Reign whereas it appears plainly by both the Original Journal-Books of the Upper House and House of Commons and by all other Monuments of the Parliament de an 13 Regin Eliz. that there was not so much as any mention made of the Queen of Scots or her dangerous practices which were so much and so often agitated in this present Session de an 14. And therefore it being so plain that they were tendred unto her Majesty in this said present Session and being also most likely that they were at this time framed in the House of Commons and were the cause of this dayes above-recited Resolution although it doth not certainly appear that they ought to be referred to this very place yet I thought good to have them inserted here in manner and form following Which said reasons as is very probable were presented unto her Majesty the 28 th day of May ensuing Reasons to prove the Queens Majesty bound in Conscience to proceed with Severity in this Case of the late Queen of Scots THE Word of God which is the only Director of Consciences and a certain Rule for all Estates and Offices doth often and most earnestly teach that Godly Princes or Magistrates not only in Conscience safely may but also in Duty towards God ought severely and uprightly to administer Justice For this is one of the Principal Causes for the which the Providence and Wisdom of God hath ordained Magistrates in Common-Wealths that they might by Justice and punishment according to the greatness of the offences repress the wickedness of Mankind whereunto by corruption of nature they are inclined The Magistrate as S t Paul saith Rom. 13. is the Minister of God and the Revenger of wrath towards him that hath done evil c. And S t Peter 1 Pet. 2. Be subject to the King as to the Chief or to the Under-Rulers as sent of him ad vindictam nocentium to the punishment or revengement of Ossendors and to the praise of them that do well If the Magistrate doth not this God threatneth heavy punishment When you were saith Wisdome to Princes Sap. 6. the Ministers of his Kingdom you have not Executed Judgment rightly nor kept the Law nor walked according to his Will Horrible therefore and right soon shall he appear unto you for an hard Judgment shall they have that hear rule Potentes potenter tormenta patientur Now then if the Magistrate be the Minister of God in his name and authority to punish the wicked according to the Measure of their offences and are threatned grievous punishment if they do not and on the other Party the late Scottish Queen hath offended in two highest degrees both concerning Gods Religion and the disinheriting and destruction of our Prince we see not but her Majesty must needs offend in Conscience before God if she do not punish her according to the measure of her offence in the highest degree Small punishment for great offences in respect of any person is partiality and slack Justice which God above all things in Judgment forbiddeth Consider not saith God the person of the poor nor honour the Countenance of the rich Levit. 19. It is not good saith Solomon Prov. 18. to consider the person of the wicked thereby to decline from the truth of Judgment And Jesus Sirach Make no labour to be a Judge except thou have that stoutness that thou mightily mayest put down wickedness for if thou stand in awe of the mighty thou canst not but fail in giving Sentence Ecclus. 7. Wherefore whether the late Queen of Scots be Queen or Subject be Stranger or Citizen be Kin or not Kin by Gods word for so great offences she should have the just deserved punishment and that in the highest degree The second Reason When God by his just Providence doth commit any grievous Offendor into the hands of a Prince or Magistrate as to his Minister to be punished he ought to fear the heavy displeasure of God if by any colour he do omit the same Non enim hominis Judicium est sed Dei maledictus est qui facit opus Domini fraudulenter vel negligenter For God often times brings Sinners to punishment for other offences than those that are known and appear to the World And therefore hath he shewed himself grievously displeased when such by colour of Mercy and Pity in Princes have escaped just Judgment Because Saul spared Agag 1 Reg. 15. although he were a King God took from the same Saul his good Spirit and transferred the Kingdom of Israel from him and from his Heirs for ever When Achab spared Benhadad the King of Syria by his unreasonable Clemency though he were a great Prince God willed the Prophet to say unto him Because thou hast 〈◊〉 escape out of thy hands the man that I would have to die thy life shall be for his life and thy people 〈◊〉 his people In these Examples great pretence might be made for Mercy for sparing of them and great reproach of bloodiness and Cruelty in the contrary but we see how God judged them The late Queen of Scots being a grievous Offendor divers ways both before she came into this Land and afterwards also hath been by Gods special and remarkable Providence put into the Queens Majesties hands to be punished and that far more notably than Agag and Benhadad were put into the hands of Saul and Achab. Therefore it is greatly to be feared if she escape as Benhadad did under pretence of mercy and favourable dealing that Gods heavy displeasure will for the same light both upon the Prince and the Realm as it did upon Achab and the Israelites shortly after This Sentence of the Prophet as it is for certain reported was spoken to the Lord James now Regent in Scotland when with too much lenity he proceeded therein it hath followed too true in him the Lord turn it from our Gracious Soveraign The third Reason Every good Prince ought by Gods Commandment to punish even with Death all such as do seek to seduce the People of God from his true worship unto Superstition and Idolatry For that offence God hath always most grievously punished as committed against the first Table Deut. 13. His words are these If thy Brother the Son of thy Mother or thine own Son or thy Daughter or thy Wife that lieth within thy Bosom or thy Friend which is as thine own Soul unto thee shall entice thee saying Let us go and serve strange Gods c. Thou shalt not consent unto him nor hearken unto him thine Eye shall not pity him neither shalt thou have compassion upon him nor keep him secret but cause him to be slain thine own hand shall be first upon him to kill him c. And afterwards addeth and all Israel shall fear to do any more any such wickedness The Residue of that Chapter afterwards containeth
more grievous matter which we would wish all them to read that in great offences under the colour of pity are loth to have sharp punishment used Here you may perceive that God willeth his Magistrate not to spare either Brother or Sister Son or Daughter Wife or Friend be he never so high if he seek to seduce the People of God from his true Worship much less is an Enemy and Traitor to be spared Yea and he addeth the cause why he would have such sharp punishment used in such Cases That Israel may fear to do the like But the late Queen of Scots hath not only sought and wrought by all means she can to seduce the people of God in this Realm from true Religion but is the only hope of all the Adversaries of God throughout all Europe and the Instrument whereby they trust to overthrow the Gospel of Christ in all Countries And therefore if she have not that punishment which God in this place aforementioned appointeth It is of all Christian hearts to be feared that Gods just Plague will light both upon the Magistrates and Subjects but that by our slackness and remiss Justice we give occasion of the overthrow of God's Glory and truth in his Church mercifully restored unto us in those latter days Constantinus Magnus caused Licinius to be put to Death being not his Subject but his Fellow-Emperor for that the said Licinius laboured to subvert Christian Religion And the same Constantinus is for the same in all Histories highly commended Much more shall it be lawful for the Queens Majesty to Execute this Woman who besides the Subversion of Religion hath sought the Life of the same our Gracious Soveraign The Fourth Reason It is dangerous for any Person being a Prince both for his own State as also for that punishment which may come from God's hand by slackness of Justice in great offences to give occasion by hope of impunity of the increase of like wickedness Joab being spared of David for Murthering Abner killed Amasa also Because Amnon was winked at by his Father for committing Rape and Incest with his own Sister Absalom under hope of like Impunity was emboldened to murther his Brother Amnon But look I pray you how grievously God punished that slack Justice of David coloured with a tender heart towards his Children Did he not suffer yea and by his just Judgment raise one of his own Sons towards whom he used that excessive tenderness and pity to rebel against him and drive him out of his own Kingdom The late Scottish Queen hath heaped up together all the Sins of the Licentious Sons of David Adulteries Murders Conspiracies Treasons and Blaspemies against God also and if she escape with small punishment her Majesty in Conscience ought as also good and faithful Subjects to fear that God will reserve her as an Instrument to put her from the Royal Seat of this Kingdom and to plague the unthankful and naughty Subjects Quod omen ut Deus avertat precamur Shall we think that God will not plague it Surely our hearts do fear he will do it grievously The fifth Reason A Prince ought in Conscience before God by all the means he can to see to the Quietness Safety and good Estate of that People over which God hath appointed him Governour For in the Prophets oftentimes under the names of Pastors and Watchmen he threatneth great punishment to Princes and Governours for the contrary especially in Ezechiel 33 and 34. And signifieth that if his People perish either in Soul or Body by slackness in administring justice or by any other mis-government God will require their Blood at the Princes hands which places as they may be applied to Prophets and Teachers so do they not exclude but principally comprehend Kings and Magistrates as Hieronymus noteth in Ezechiel 33. the words of the Prophet are these viz. If the Watchmen see the Sword and blow not the Trumpet so that the people is not warned If the Sword come then and take any man from among them the same shall be taken away in his own sin from among them but his Blood will I require at the Watchmans hand Ezechiel 33. And again Woe unto the Shepherds that destroy and scatter my Flock saith the Lord c. You scatter and thrust out of my Flock and do not look upon them Therefore will I visit the wickedness of your imaginations c. Jer. 23. By these and such other words in many places God signifieth if his People perish either in Soul or Body by the slack or remiss Government of them that are appointed Rulers over them and as it were Shepherds and Herdsmen to keep them from danger that he will require the Blood of his people at their hands But the late Scottish Queen with her Allies by the pretensed Title and other wicked devilish and Traiterous devices and workings is like to bring confusion to this Realm of England and the People thereof as evidently appeareth to all good and faithful Subjects Therefore the Prince offendeth grievously before God and is in danger of the Blood of Gods People if for the safety of the same she doth not cut her off 3 Reg. 2. Solomon a Wise and godly Prince spared not his own natural yea and his Elder Brother Adonijah for suspition and likelihood of Treason and for a Marriage purposed only but put him to Death for the same and that speedily without course of Judgment lest by delay trouble and danger might have ensued not only to his own Person being Prince and Chief Minister of God in that Land but also to that People over which he had charge and for safety whereof in Conscience he was bound to deal He would have thought it a great burthen to his Conscience if by the sparing of one mans Life were he never so nigh of Blood unto him he would have hazarded the Seat in which God had placed him and the Blood of many thousands of his People which by a Rebellion might have been spent But this Woman and her greatly desired Husband as she pretendeth have put far more hainous matters in Execution wherefore her Case standing as it doth there is no scruple in Conscience to proceed with Severity but great danger in Conscience for dealing too mildly and contrary to Order of Justice making the punishment less than the offence with the danger of her Majesties own person the hazard of the Realm and the Subversion of Gods Truth The sixth Reason It is dangerous for any Christian Prince and contrary to the word of God with colour of Mercy and Pity to do that whereby he shall discourage and kill the hearts not only of his own good Subjects and faithful Councellors but also of all other Nations faithfully professing Gods Religion and his true worship as may well appear in the Example of David David having this infirmity of too much Pity and Indulgency towards Offendors which is not of any Prince to be followed
Assistance that his Power may be given to you next after the advancement of his Glory to seek assuredly your own Safety which your Majesty cannot fully do by this means that hath hitherto been taken or hereafter to be used Therefore it would please your most Excellent Majesty to give ear to the sound Reasons of your most Faithful Subjects and rather deal certainly than by Chance and there is no doubt but your Majesty shall avoid all apparent dangers and live in all Safety and Honour to Gods Glory and to the Comsort of all good Christian Princes universally Thus much against the opinion of disabling the Scottish Queen whereby it appeareth that it will be rather for her benefit than to her hurt And most certain it is that it will be dangerous for the State divers ways whereas dealing with her in the first degree according to her deserts the same is lawful safe necessary and honourable for your Majesty and all Christendome besides And because it may appear that this Speech is grounded upon Law and Reason there shall be Arguments in Law alledged sufficiently for this matter as the shortness of time may serve Civil Reasons for doubt of Answer A Confederate being in the Country of his Confederate is to be punished as though he were a Subject Every person offending is to be tryed in the place where he committeth the Crime without Exception of priviledge A King passing through another King's Realm or there Resident is but a private person The Dignity of the Person offending encreaseth the offence Reat us omnem honorem excludit A King deposed is not to be taken for a King and therefore Frederick King of Naples being deprived by the King of Spain was afterwards judged to be no King by Sentence A King though not deposed may commit Treason Diotorus a King Consederated with the Romans was Criminally judged by Caius Julius Caesar for that he Conspired to have slain the said Julius Caesar at a Banquet Joan Queen of Naples was put to Death for that she gave her Consent to the Murther of her Husband and caused him to be hanged out at a Window Henry the Seventh Emperour did give a Solemn Judgment of Death at Pisa 1311. against Robert King of Sicil for that the same King had entred into Conspiracy with the Subjects of the Emperour and yet was not King Robert within the Jurisdiction of the Emperour at the time of the Conspiracy neither at the time of the Judgment It standeth with the Law of nature which is immutable for any Person to proceed for the safety of himself and his Charge Great offences in the highest degree ought not to be punished for any affection of Kindred Justice Equity and Common-Wealth are to be preferred before the affection of Kindred Quia arctiora sunt vincula virtutis quà m sanguinis An offence of the highest degree against the Prince being the Head of the Political Body is an offence to every Member of the same and requireth sharp punishment for preservation of the whole The intent of offences in the highest degree is punished with death although the Execution of the intent doth not follow The benefit and priviledge of safe Conduct is lost by any Crime committed after the Grant made thereof Administration of Justice cannot but be honourable All just and honourable dealings are pleasing to God and profitable to the Prince and State Execution of Justice is void of all Injury It is dangerous for the State to swerve from the Ministration of Justice and the due Execution of Law To spare Offenders in the highest degree is an injury to the Prince and State of the Realm Poena unius salus multorum The loss of life is the penalty appointed for Treason and the loss of Lands and Goods with the possibility of Title cometh but in consequence and unnecessarily Punishment ought to be equal with the fault and he that ministreth less punishment than the fault deserveth doth not execute the Law according to the Rules of Justice Reasons to prove that it standeth not only with Justice but with the Queens Majesties Honour and Safety to proceed Criminally against Mary Steward late Queen of Scots for her Treasons committed against her Majesty and this Realm A Confederate being in the Country of his Confederate for a Crime committed is there to be punished Cod. de captivis post termino reversis verba legis At si sunt apud nos rei ex Civitatibus foederatis in eos damnatos animadvertimus Therefore although the Scottish Queen were a Confederate yet she is to be used in like fort as a Subject Item there is no Person of what degree soever he be but is there to be Tryed where the Crime is committed without exception of priviledge Cod. ubi de Criminibus agi oporteat verba legis Qua in Provincia quis deliquit aut in qua pecuniarum aut criminum reus sit ibi judicari debet hoc jus perpetuum sit But the Scottish Queen here hath offended Ergo. Item every Person is to be Condemned and adjudged equally In Crimine laesae Majestatis verba legis In crimine laesae Majestatis aequa est omnium conditio Ad legem Juliam laesae Majestatis But she hath fallen in crimen laesae Majestatis Ergo. Item a King in another Kings Territory may commit Treasons as another private Person Corectus de potestate regia n o 90. verba Quaero utrum Rex non habens justum titulum regni incidat in crimen laesae Majestatis Respondeo quod sic secundum Bartol in legem duodecim tabularum in legem prim ff de crimine laesae Majestatis But the Scottish Queen hath offended here in England Ergo. A King passing through another King's Realm or there resiant is but a private person Bartolus duodecim libro de Dignitatibus verba Sed tamen dubitatur si Rex vel Baro transit per alias partes extra Regnum suum utrum possit creare Milites Et videtur quod non quia ibi privatus est homo ff de Praefecto Urbis ff de officio praesidis Praeses in homines suae Provinciae imperium habet hoc dum est in Provincia 91. Coll. penult verba Quilibet Rex extra suum territorium privatus est Lapus in allegatione Censetur ad instar Privati But the Scottish Queen being here in England is out of her Territory Ergo to be punished as a private Person Every Person of what condition soever he be either superior or equal submitting himself to the Jurisdiction of another is to be judged by him to whom he submitteth himself L. est receptivum ff de judiciis verba Est receptivum eoque jure utimur ut siquis major vel equalis subjiciat se jurisdictioni alterius potest ei adversus eum jus dici But the Queen of Scots although she were a Queen and thereby equal by committing hainous Treason hath submitted her self to the Queens
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
needful to put you in remembrance that this Honourable Assembly are Assembled and come together here in this place for three special Causes of most weighty and great importance The first and principal is to make and abrogate such Laws as may be most for the preservation of our noble Soveraign The second ..... The third is to make or abrogate such Laws as may be to the chiefest surety safe-keeping and enrichment of this noble Realm of England So that I do think that the part of a faithful-hearted Subject is to do his endeavour to remove all Stumbling-Blocks out of the way that may impair or any manner of way hinder these good and Godly Causes of this our coming together I was never of Parliament but the last and the last Session at both which times I saw the Liberty of free Speech the which is the only Salve to heal all the Sores of this Common-Wealth so much and so many ways infringed and so many abuses offered to this Honourable Council as hath much grieved me even of very Conscience and love to my Prince and State Wherefore to avoid the like I do think it expedient to open the Commodities that grow to the Prince and whole State by free Speech used in this place at the least so much as my simple Wit can gather of it the which is very little in respect of that that wise Heads can say therein and so it is of the more force First All matters that concern Gods Honour through free Speech shall be propagated here and set forward and all things that do hinder it removed repulsed and taken away Next there is nothing commodious profitable or any way beneficial for the Prince or State but faithful and loving Subjects will offer it in this place Thirdly All things discommodious perillous or hurtful to the Prince or State shall be prevented even so much as seemeth good to our merciful God to put into our minds the which no doubt shall be sufficient if we do earnestly call upon him and fear him for Solomon saith The fear of God is the beginning of Wisdom Wisdom saith he breatheth Life into her Children receiveth them that seek her and will go beside them in the way of Righteousness so that our minds shall be directed to all good needful and necessary things if we call upon God with faithful hearts Fourthly If the Envious do offer any thing hurtful or perillous to the Prince or State in this place what incommodity doth grow thereby Verily I think none nay will you have me to say my simple opinion therein much good cometh thereof how forsooth for by the darkness of the Night the brightness of the Sun sheweth more excellent and clear and how can truth appear and conquer until falsehood and all subtilties that should shadow and darken it be found out for it is offered in this place a piece of fine Needle-work unto them that are most skilful therein for there cannot be a false stitch God aiding us but will be found out Fifthly This good cometh thereof a wicked purpose may the easier be prevented when it is known Sixthly An evil man can do the less harm when it is known Seventhly Sometime it happeneth that a good man will in this place for Argument sake prefer an evil cause both for that he would have a doubtful truth to be opened and manifested and also the evil prevented so that to this point I conclude that in this House which is termed a place of free Speech there is nothing so necessary for the preservation of the Prince and State as free Speech and without it is a scorn and mockery to call it a Parliament House for in truth it is none but a very School of Flattery and Dissimulation and so a fit place to serve the Devil and his Angels in and not to glorify God and benefit the Common-Wealth Now to the impediments thereof which by Gods Grace and my little Experience I will utter plainly and faithfully I will use the words of Elcha Behold I am as the new Wine which hath no vent and bursteth the new Vessels in funder therefore I will speak that I may have a vent I will open my Lips and make Answer I will regard no manner of Person no man will I spare for if I should go about to please men I know not how soon my Maker will take me away my Text is vehement the which by Gods sufferance I mean to observe hoping therewith to offend none for that of very Justice none ought to be offended for seeking to do good and saying of the truth Amongst other M r Speaker Two things do great hurt in this place of the which I do mean to speak the one is a rumour which runneth about the House and this it is take heed what you do the Queens Majesty liketh not such a matter whosoever prefereth it she will be offended with him or the contrary her Majesty liketh of such a matter whosoever speaketh against it she will be much offended with him The other sometimes a Message is brought into the House either of Commanding or Inhibiting very injurious to the freedom of Speech and Consultation I would to God M r Speaker that these two were Buried in Hell I mean rumours and Messages for wicked undoubtedly they are the reason is the Devil was the first Author of them from whom proceedeth nothing but wickedness now I will set down reasons to prove them wicked First If we be in hand with any thing for the advancement of Gods Glory were it not wicked to say the Queen liketh not of it or Commanded that we shall not deal in it greatly were these Speeches to her Majesties dishonour and an hard opinion were it M r Speaker that these things should enter into her Majesties thought much more wicked and unnatural were it that her Majesty should like or Command any thing against God or hurtful to her self and the State The Lord grant this thing may be far from her Majesties Heart Here this may be objected that if the Queens Majesty should have intelligence of any thing perillous or beneficial to her Majesties Person or the State would you not have her Majesty give knowledge thereof in this House whereby her peril may be prevented and her benefit provided for God forbid then were her Majesty in worse case than any of her Subjects And in the beginning of our Speech I shewed it to be a special Cause of our Assembly but my intent is that nothing should be done to Gods dishonour to her Majesties peril or the peril of the State And therefore I will shew the inconveniences that grow of these two First If we follow not the Princes mind Solomon saith the Kings displeasure is a Messenger of Death This is a terrible thing to weak nature for who is able to abide the fierce Countenance of his Prince but if we will discharge our Consciences and be true to God and Prince and
State we must have due consideration of the place and the occasion of our coming together and especially have regard unto the matter wherein we both shall serve God and our Prince and State faithfully and not dissembling as Eye Pleasers and so justly avoid all displeasures both to God and our Prince for Solomon saith in the way of the righteous there is life as for any other way it is the path to Death So that to avoid Everlasting Death and Condemnation with the High and Mighty God we ought to proceed in every Cause according to the matter and not according to the Princes Mind and now I will shew you a reason to prove it perilous always to follow the Princes Mind Many times it falleth out that a Prince may favour a cause perilous to himself and the whole State what are we then if we follow the Princes Mind are we not unfaithful unto God our Prince and State Yes truly we are Chosen of the whole Realm of a special Trust and Confidence by them reposed in us to foresee all such Inconveniences Then I will set down my opinion herein that is he that dissembleth to her Majesties peril is to be counted as an hateful Enemy for that he giveth unto her Majesty a detestable Judas his Kiss and he that contrarieth her mind to her Preservation yea though her Majesty would be much offended with him is to be adjudged an approved Lover for faithful are the wounds of a Lover faith Solomon but the Kisses of an Enemy are deceitful And it is better saith Antisthenes to fall amongst Ravens than amongst Flatterers for Ravens do but devour the dead Corps but Flatterers the Living And it is both Traiterous and Hellish through Flattery to seek to devour our natural Prince and that do Flatterers therefore let them leave it with shame enough Now to another great matter that riseth of this grievous rumour what is it forsooth whatsoever thou art that pronouncest it thou dost pronounce thy own discredit why so for that thou dost what lyeth in thee to pronounce the Prince to be rerjured the which we neither may nor will believe for we ought not without too too manifest proof to credit any dishonour to our Anointed no we ought not without it to think any Evil of her Majesty but rather to hold him a Lyar what credit soever he be of for the Queens Majesty is the Head of the Law and must of necessity maintain the Law for by the Law her Majesty is made justly our Queen and by it she is most chiefly maintained hereunto agreeth the most Excellent words of Bracton who saith the King hath no Peer nor Equal in his Kingdom he hath no Equal for otherwise he might lose his Authority of Commanding sithence that an Equal hath no Rule of Commandment over his Equal The King ought not to be under man but under God and under the Law because the Law maketh him a King Let the King therefore attribute that to the Law which the Law attributeth unto him that is Dominion and Power for he is not a King in whom Will and not the Law doth rule and therefore he ought to be under the Law I pray you mark the Reason why my Authority saith the King ought to be under the Law for saith he he is Gods Vicegerent here upon Earth that is his Lieutenant to execute and do his Will the which is Law or Justice and thereunto was her Majesty Sworn at her Coronation as I have heard learned men in this place sundry times affirm unto the which I doubt not but her Majesty will for her Honour and Conscience sake have special regard for free Speech and Conscience in this place are granted by a special Law as that without the which the Prince and State cannot be preserved or maintained So that I would wish every man that feareth God regardeth the Princes Honour or esteemeth his own Credit to fear at all times hereafter to pronounce any such horrible Speeches so much to the Princes Dishonor for in so doing he sheweth himself an open Enemy to her Majesty and so worthy to be contemned of all faithful hearts Yet there is another inconvenience that riseth of this wicked rumour the Utterers thereof seem to put into our Heads that the Queens Majesty hath conceived an evil opinion diffidence and mistrust in us her faithful and loving Subjects for if she had not her Majesty would then wish that all the things dangerous to her self should be laid open before us assuring her self that loving Subjects as we are would without Schooling and direction with careful minds to our Powers prevent and withstand all perils that might happen unto her Majesty and this opinion I doubt not but her Majesty hath conceived of us for undoubtedly there was never Prince that had faithfuller hearts than her Majesty hath here and surely there were never Subjects had more cause heartily to love their Prince for her quiet Government than we have So that he that raiseth this rumour still encreaseth but discredit in seeking to sow Sedition as much as lyeth in him between our merciful Queen and us her most loving and faithful Subjects the which by Gods Grace shall never lie in his Power let him spit out all his venome and there withal shew out his malicious heart yet I have collected sundry reasons to prove this a hateful and a detestable rumour and the Utterer thereof to be a very Judas to our Noble Queen therefore let any hereafter take heed how he publish it for as a very Judas unto her Majesty and Enemy to the whole State we ought to accept him Now the other was a Message M r Speaker brought the last Sessions into the House that we should not deal in any matters of Religion but first to receive from the Bishops Surely this was a doleful Message for it was as much as to say Sirs ye shall not deal in Gods Causes no ye shall in no wise seek to advance his Glory and in recompence of your unkindness God in his wrath will look upon your doings that the chief cause that ye were called together for the which is the preservation of their Prince shall have no good success If some one of this House had presently made this interpretation of this said Message had he not seemed to have the Spirit of Prophecy Yet truly I assure you M r Speaker there were divers of this House that said with grievous hearts immediately upon the Message that God of his Justice could not prosper the Session and let it be holden for a principle M r Speaker that Counsel that cometh not together in Gods name cannot prosper for God saith Where two or three are gathered together in his name there am I in the midst among them Well God even the great and mighty God whose name is the Lord of Hosts great in Councel and infinite in thought and who is the only good Director of all hearts was the
but within the several Forests which to execute in their own persons could not be done through the distances of the Countries and through the great charges that would follow in expences if men of their calling should be driven to travel once every third year to keep their sittings in so many several places by means whereof the Justice Seats were greatly delayed and seldom holden whereby the Offenders either by general Pardons comeing between or by the Death of the Parties did escape unpunished to that he said all these defects were sufficiently holpen by Laws heretofore provided In the time of King Henry the Eighth it was Enacted that both the Justices of the Forests on this side Trent and the Justices of the Forests beyond Trent might make in every Forest a Deputy that should have in all things like Authority to themselves and therefore seeing they had and usually had made Deputies men of less degree than they are and most commonly inhabiting the Countries where the Forests do lie there was no necessity that the Justices in their own Persons should ride but those his Substitutes might very well perform the service with a small charge and so there appeared no cause for that respect to make this Law for it might be supplied otherwise sufficiently For the second he said that whereas by this new Law the Justice should have power to open the Swainmote Books at his pleasure and to convent before him the Offenders at such time and place as he thought good the same must needs prove a very chargeable matter to the Subjects for men being compellable only to appear and answer in the County where the Forest lyeth and where for the most part they abide and there to receive their Trial if now they shall be driven to appear and answer in any place and at any time where and when the Justices shall appoint them it may easily be seen how far greater charge this will breed to the Subject both in travel expence and loss of time than heretofore hath been used chargeable besides it would be to such as should happen to be impannelled upon Juries for trial of offences if they should be driven to come out of the Forests to appear before the Justice in any place which he shall assign contrary to the antient Laws heretofore Ordained for such causes For the third he said that if the Justice sending for the Swainmote Books and opening them should proceed to the punishment of the Offenders according to such Presentments as he should find there that might prove very dangerous to the Subject and especially to such as dwell within or near any Forests for those Presentments being made by the Oath of the Keepers do as often proceed upon suspition and upon malice as upon any good or sufficient ground and then if they be so peremptory to the Offenders as some men think they are or if the tryal be not very indifferent which taken out of the Country may be doubted it is easily seen how perilous that will be to the Subject for either the party shall be forced to submit himself to the discretion of the Justice or else abide such Tryal as he shall not be able to endure Besides whereas the Queen most graciously doth use to grant often-times general Pardons by Act of Parliament whereby the Subjects of the Land are discharged of far greater offences than these such as might happen to offend this way or to be brought in Question for the same should never be partakers of that grace which all other Subjects do enjoy but by yearly vexation be in danger of trouble and charge almost without hope to be released although the offences be as often-times they are very small and slenderly proved whereas now the Justice cannot by the Law keep his Seat but once in three years and if a Pardon come in the mean time all those offences are discharged Touching the last and fourth point he said in making of Laws one principal and special care is to be taken that nothing pass in dark words but that it may be clear and evidence to the understanding of the Makers thereby to know to what they bind themselves and their Posterity the contrary whereof was to be doubted in this Bill as it was penned wherein Authority should be given to the Justices of the Forests to proceed in the Execution of punishment and other matters not only according to the Laws but also according to the Customs Usages and Ordinances of the Forests which latter words are very obscure and therefore dangerous to pass in that form for what the Laws of the Forests are such as be established by Authority of Parliament are evident and open to all men and every Subject is bound to take knowledge of them but what the Customs Usages and Ordinances of the Forest be and how far these words may extend is very doubtful and uncertain the same being only known to Officers and Ministers of Forests and are so far from the common knowledge of other men as few or none that are Learned in the Laws of the Realm have any understanding in them so as if any Subject of the Land should be Impeached for an offence committed in the Forests he shall not be able to receive advice by Councel in the Law for his reasonable defence and therefore under those general words to bind the Subject to those things that neither they do nor may easily get knowledge of The House of Commons do think it a matter very inconvenient and do also think that the Forest Laws already established by Parliament are strict enough and being put in due Execution may suffice without any further addition to increase the burthen of them To these Objections the Earl of Sussex a wise man of good understanding in Forest matters being Justice of the Forests on this side Trent said for Answer in effect as followeth To the first confessing that by Authority of Parliament the Justices of the Forests might appoint their Deputies said nevertheless that those also could not hold their sittings without great charge and their doings shall not be so obeyed nor esteemed as the Acts and Proceedings of the Justices themselves and therefore thought this Law necessary To the second third and fourth he said that there was no meaning by the Lords that past the Bill to bring upon the Subjects any of those inconveniences that were noted by the House of Commons howsoever the Bill might be penned contrary to their intentions and yet he thought that the words were misconceived and drawn to a harder sense than there was cause Nevertheless he said the Lords could be well contented that the House of Commons should reform such things in the Bill touching those points as they should find convenient so as the same were done with good consideration and upon sufficient cause whereof they doubted not This being the substance of the Conference it was the next day reported by one of the Committees to the
speedy dispatch of the same The Bill touching process of the peace awarded out of the Court of Chancery and Kings Bench was upon the third reading committed again unto Sir Heury Nevill M r Sollicitor M r Cromwell and others and the Bill was delivered to the said M r Cromwell who was with the rest appointed to meet to morrow in the Afternoon in Lincolns-Inn Hall M r Recorder of London one of the Committees in the Bill against Idle and incontinent life brought in the old Bill and also a new Bill M r Sandes one of the Committees in the Bill touching Apprentices brought in the old Bill and also a new Bill On Thursday the 11 th day of March it was ordered that the House should be called together upon Saturday in the Afternoon and then also a Collection to be made for the poor M r Francis Hastings being imployed in Post in the service of her Majesty was upon a motion made thereof by M r Speaker dispensed with and excused for his absence Francis Bromley Esq one of the Knights for the County of Salop was Licensed for his great business at the Assizes to depart Sir William Moore M r Cromwell and M r Utreght were appointed to examine one John Bland a Currier of whom the House had heard that he said concerning the Tanners Bill lately read in the House that the Bill had been allowed upon the reading although a great part of it had been omitted Vide on Saturday the 13 th day of this instant March following Three Bills of no great moment had each of them one reading of which the second being the Bill for continuance of Statutes was upon the second reading committed again to the former Committees to whom were added these following viz. M r Strickland M r Recorder M r Heyle M r Sollicitor and M r Sands to which Bill six Provisoes or additions were twice read and two of them rejected and four of them Committed to the four Committees who were appointed to meet this Afternoon in the Exchequer Chamber and so for the Bill of the Savoy M r Serjeant Rodes and M r Doctor Barkeley did bring from the Lords three Bills of which the second was the Bill for the increase of Pheasants and Partridges M r Hammon one of the Committees in the Bill for the true answering of Tythes brought in the old Bill and also a new Bill The Amendments and Additions of the Lords to the Bill against Jesuites and also the amendment of this House added to their Lordships said amendments and also to their Lordships Schedule were read and at large considered and agreed upon by the whole House Which done upon further debating of the form and manner of the finishing thereof it was thought fittest by some of the oldest Parliament men of this House and by the Clerk that their Lordships should be moved to reform their amendments according to the direction of our amendments in their said amendments before we insert theirs into the said Bill On Friday the 12. day of March The Bill for two Fifteenths and Tenths and one entire Subsidy granted by the Temporalty was read the third time and passed upon the question The Proviso to the Bill for reformation of Errors in Fines and Recoveries in the twelve Shires of Wales and Counties Palatine was read the third time and passed with the Bill upon the question The Proviso to the Bill for the maintenance of the Hospital of Eastbridge in Canterbury had its third reading and the Ordinances of the now Bishop of Canterbury were then read also and so left to be further considered of in conference with the Lords touching some words needful to be added in some part of the said ordinances The Bill touching the Water-bayliff with some amendment by Proviso was brought in again by Sir Henry Nevill one of the Committees Sir Walter Mildmay Chancellor of the Exchequer one of the Committees in the Bill for the Savoy shewed that they the said Committees have met together about the said Bill and that they think meet that the Master of the Savoy do deliver unto this House a note of the names of the Lessees that they may be called and heard what they can say for themselves touching their several interests The Bill for continuance of Statutes was brought in with some amendments by M r Cromwell and M r Hammon two of the Committees with one Proviso also for the Ports allowed of by the Committees and the three other Provisoes residue of the four former disallowed by them and so rejected by the House and the amendments twice read the Bill was ordered to be ingrossed And the Proviso this day offered touching limitation of time for bringing in of Sutes upon the Penal Laws now revived was after sundry Speeches respited to be further considered of in the mean time of ingrossing the Bill Mr. Tasborough one of the Committees in the Bill for the better imploying of Lands Tenements c. given to the maintenance of High-ways and for relief of the Poor brought in the Bill with some Amendments and Additions of Provisoes On Saturday the 13 th day of March Mr. Cromwell one of the Committees in the Bill touching Process of the Peace brought in the Bill with some Amendments which were twice read and then Ordered to be inserted into the Bill which was already ingrossed after which the said Bill and amendments did pass the House upon the question after the third reading Two Bills of no great moment had each of them one reading of which the first being the Bill against the abuse of Corn and Grain was twice read and Ordered to be ingrossed Upon report made unto this House by Mr. Speaker that one John Bland a Currier of London had given out to some honourable persons that this House passing the Bill of the Shoomakers had proceeded contrary to an Order taken in the same House which he said was that the Shoomakers Bill should not be further read till the Curriers Bill were first read before and hath likewise reported that the Curriers could have no Justice in this House and also that this House passed the said Shoomakers Bill when there were scantly fifty persons in the House and that if their Friends had been there at that time the said Shoomakers Bill had not passed at all And further reported that the Bill for the Tanners lately read in this House was not all read out but some leaves thereof left unread at all Which Speeches being very slanderous and prejudicial to the State of this House and not meet to be passed without due consideration therein to be had it was thereupon resolved That Sir William Moore Mr. Cromwell and Mr. Utreght should presently examine the said Bland being now without the Door of this House who did then go forth for that purpose accordingly and returning back into the said House from the Examination of the said John Bland Sir William Moore shewed that the said Bland being charged by
our own is and shall be still without any possible means to prevent it so long as the said Scottish Queen shall be suffered to continue and shall not receive that due punishment which by Justice and the Laws of this your Realm she hath so often and so many ways for her most wicked and detestable offences deserved Therefore and for that we find that if the said Lady shall now escape the due and deserved punishment of Death for these her most execrable Treasons and offences your Highness Royal Person shall be exposed unto many more and those more secret and dangerous Conspiracies than before and such as shall not or cannot be foreseen or discovered as these her late attempts have been and shall not hereafter be so well able to remove or take away the ground and occasion of the same as now by Justice may and ought to be done We do most humbly beseech your most Excellent Majesty that as well in respect of the continuance of the true Religion now professed amongst us and of the safety of your most Royal Person and Estate as in regard of the preservation and defence of us your most loving dutiful and faithful Subjects and the whole Common-Weal of this Realm It may please your Highness to take speedy Order That Declaration of the same Sentence and Judgment be made and published by Proclamation and that thereupon direction be given for further proceedings against the said Scottish Queen according to the effect and true meaning of the said Statute Because upon advised and great consultation we cannot find that there is any possible means to provide for your Majesties Safety but by the just and speedy Execution of the said Queen the neglecting whereof may procure the heavy displeasure and punishment of Almighty God as by sundry severe Examples of his great Justice in that behalf left us in the Sacred Scriptures doth appear And if the same be not put in present Execution We your most loving and dutiful Subjects shall thereby so far as mans reason can reach be brought into utter despair of the continuance amongst us of the true Religion of Almighty God and of your Majesties Life and the Safety of all your faithful Subjects and the good Estate of this most flourishing Common-Weal Dominus Cancellarius continuavit praesens Parliamentum usque in diem Martis prox On Tuesday the 29 th day of November the Lords Spiritual and Temporal being Assembled Commissionar ' Reginae continuaverunt praesens Parliamentum usque in diem Veneris hor â nonâ On Friday the second day of December Commissionarii Reginae adjornaverunt praesens Parliamentum usque in decimum quintum diem Februarii prox Nota That the Parliament was Adjourned without any new Commission from her Majesty which had been used in the last Parliament in Anno 27 Regin Eliz. Anno Dom. 1584. where the Adjournment was from the 27 th day of December unto the 4 th day of February which was near upon the same intervenient time or space for which this present Parliament de Anno 28 29 Regin Eliz. was now Adjourned But the reason and cause is very plain why this Parliament was now Adjourned without any such Commission from her Majesty although she her self was absent and this was only in respect that her Highness Person was represented by Commissioners to whom at first she had by Commission under the Great Seal delegated full and absolute power not only to begin but also to continue Adjourn or Prorogue this instant Parliament ut vide on Saturday the 29 th day of October foregoing which said Delegates or Lords Lieutenants did here being present Adjourn the same accordingly Concerning which said Adjournment and these two Meetings of one and the same Parliament there hath been much mistake and difference both in the Original Journal-Book of the Upper House and in that also of the House of Commons in the very Rolls of the Statute of this Parliament transcribed by the Clerk of the Upper House into the Chancery and remaining in the Chappel of the Rolls and lastly in the very Printed Books of the Statutes thereof For in the first place M r Anthony Mason at this time Clerk of the Upper House Entereth these two meetings of this one and the same Parliament in two several Books as if they had been two several Sessions to which mistake he was the rather induced because divers Lords did send their new Proxies upon the second meeting of the two Houses on Wednesday the 15 th day of February Anno Regin Eliz. whereas it doth not appear that in the last Parliament de Anno 27 Regin Eliz. that any new Proxies were then returned upon the second meeting of the two Houses after a like Adjournment But the reason of this seemeth to be not only in respect of this Adjournment that it was somewhat longer than that former in the twenty seventh year of her Majesty which lasted not full two Months whereas this present Adjournment continued for the space of seventy five days or two Months and a Fortnight at the least But also because divers of the Lords both Spiritual and Temporal who were present at this first meeting being desirous as it should seem to hear that great business of the Scottish Queen debated and resolved on did after this Adjournment and their recesses into their several Countries get Licence of her Majesty to be absent from the second meeting of this Parliament which ensued on Wednesday the 15 th day of February following in Anno 29 Regin Eliz. and in which there were none but ordinary matters likely to be handled Execution and Justice being done upon the Scottish Queen the 8 th day of February immediately preceding the said second meeting and did thereupon send their several Proxies of which such as were unusual and extraordinary are set down in the Journal ensuing according to the several days on which they were returned In the second place touching the Original Journal-Book of the House of Commons these two meetings of one and the same Parliament are set down as two several Sessions the one by M r Fulk Onslow at this time Clerk of the House of Commons and the other by M r William Onslow his Kinsman who being a Member of the House was Licenced by it to supply the place of the said M r Fulk Onslow who by reason of his sickness was not able to attend who enters this second meeting of the House of Commons upon Wednesday the 15 th day of February in these words viz. This present Session of Parliament holden by Prorogation c. Whereas it had not been Prorogued but Adjourned and was no new Session but meerly a new meeting In the third place the Roll of Statutes transcribed by M r Anthony Mason into the Chancery and remaining in the Chappel of the Rolls is intituled as followeth Rotulus Parliament de Anno Regni Regin Elizabeth vicesimo octavo Whereas the words should likewise have been
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
of the same Parliaments for certain causes the House then moving disabled for ever afterwards to be any Member of this House at all hath of late brought a Writ against the Inhabitants of the said Borough for his wages amongst other times in attendance at the late Session of Parliament holden at Westminster in the 27 th year of her Highnesses Raign during which time as also a great part of some other of the said former Parliaments he did not serve in the said House but was for some causes as aforesaid disabled to be any Member of this House and was also then committed Prisoner to the Tower of London And so prayeth the advice and order of this Honourable House therein unto the censure and order whereof the said Inhabitants do in most humble and dutiful wise submit themselves And so shewed the said Writ which was then read by the Clerk After the reading whereof and some speeches had touching the former proceedings in this House against the said M r Hall as well in disabling him to be any more a Member of this House as also touching his said imprisonment the matter was referred to further consideration after search of the Precedents and Entries of this House heretofore had and made in the course of the said cause Vide diem Veneries 2 um diem Decembris diem Mercurii 22 um diem Martii postea M r Treasurer shewed that the Committees in the Cause for Conference to be had touching the answer to be made by this House to the Message lately delivered from her Majesty did meet according to the Commission of this House and after long and much debating and many great arguments it appeared very evidently by most strong reason that no other way whatsoever can be taken for the safety and continuance of true Religion of her Majesties most Royal Person and of the peaceable Estate of this Realm but only by Justice to be done upon the Queen of Scots according to her demerits Which Justice as her Majesty ought of duty to cause to be done so they resolved utterly to insist upon the prosecution of the former Petition unto her Highness as the one only way and none other to be performed in the said Cause And so left to some other of the said Committees the more particular discourses of their said Conferences Whereupon M r Vice-Chamberlain very excellently plainly and aptly shewed the manner of their Treaty in the said Conference and of the Reasons therein both brought and confuted touching any manner of possible or conjectural course of the said safety other than only by the death of the said Queen of Scots as neither by likelihood of reformation in her Person hope of strait guarding or keeping of her or of any caution of hostages to be taken for her reciting and applying most apt and invincible reasons in the several proofs thereof and so concluding his own opinion also only to be such and none other wished that if any member of the House could concèive or shew any other course or device tending to the purport of the said Message than hath been erst now remembred or in the said Committee offered he would shew the same And if not that then M r Speaker would move the question for the consent of the whole House to the continuance of prosecuting that said Petition together with the said Committees Whereupon after some little pause and none offering any speech to other end M r Speaker moving the question to the House it was resolved by the whole House to insist only upon the said Petition accordingly And also after sundry other speeches had tending all to the same resolution and some of them urging the remembrance purpose and present consideration of the former Association it was ordered that to morrow when the Lords do sit in the Upper House the former Committees of this House M r Robert Cecill being now added unto them do repair unto their Lordships for Conference with their Lordships touching the said resolution of this House in answer to her Majesties said Message And also with request to their Lordships to give Licence unto this House to join with their Lordships in the said Answer to her Majesty if it so please them M r Comptroller shewing his full assent and good liking of the said conclusion touching the prosecution of the said Petition only and of none other course at all as well in his former delivery thereof upon treaty of the said cause as now at this present declared further That he thinketh himself to have been in some of his late former speeches in that matter mistaken and misconceived by some of this House rather of ignorance in them he thinketh than of any evil disposition and purpose and so affirming earnest and devout prayer to God to incline her Majesties heart to the Petition of this House as a thing much importing he moveth that some apt and special course of prayer to that end might be devised and set down by some of this House and be not only exercised here in thus House every day but also by all the members of this House elsewhere abroad and also privately in their Chambers and Lodgings M r Treasurer liking well the motion and good meaning of M r Comptroller touching Prayer to be exercised as before shewed that fit Prayers for that purpose and extant in print are already used in this House and so may also be by the Members of the same privately by themselves and doth willingly wish the same might be so executed accordingly Sir John Higham assenting very readily to the continuation of pursuing the said Petition urged further very zealously and earnestly the burthen of the Oath of Association and so thereby amongst other things of great and necessary consideration and importance prayeth her Majesty may be solicited to the speedy execution of Justice upon the person of the Queen of Scots Mr. Recorder bending many Speeches and reciting many Precedents of Petitions in former times granted by sundry of her Majesties most noble Progenitors Kings of England to the subjects of this Realm at the humble Suits and Petitions of the Speaker and Commons of the Lower House which the Lords of the Upper House in those days could not obtain at their hands doth not only perswade very earnestly the said insisting of this House upon the said Petition but also undoubted assuredness of her Majesties granting and performing of the same as a thing answerable both unto her Highness most merciful loving and tender care over her good Subjects as also to the very necessity of the case Mr. Cope moved that Mr. Speaker might put it to the Question for the resolution of this House touching the prosecution of the said Petition with all good and fit speed Mr. Chancellor of the Exchequer putting the House in remembrance of their resolution therein given already even now at this very instant Court upon the Question then propounded by Mr. Speaker moved the going forward
Hospitality And therefore whereas these two meetings are placed in the Original Journal-Book of the House of Commons very incongruously in two distinct and several Journals as if they had been two distinct and several Sessions they are here rightly placed together and so the passages of the said second meeting do now follow in due course and order On Wednesday the 15 th day of February to which day the Parliament had been Adjourned by the Lords Commissioners aforesaid on Friday the 2 d day of December foregoing the two Houses met in their several places without any pomp or Solemnity this being as hath been before observed neither new Parliament nor new Session but a mere new meeting of either House upon the said Adjournment of the former meeting thereof which began on the 29 th day of October being Saturday in Anno 28 Reginae Eliz. as is aforesaid The Knights Citizens and Burgesses of the House of Commons being set M r Serjeant Puckering then Speaker thereof informed the House that M r Fulk Onslow Clerk of the Parliament was so weakned by Sickness that he could not at this present exercise his place Therefore he had appointed M r William Onslow his Knisman a Member of this House here present to supply it and therefore asked their allowance which they very willingly granted The same time M r Cromwell moved the House for that at their Petition her Majesty had done Justice upon the Scottish Queen to the greater Safeguard of her Majesties Person and the whole Realm he thought it fit that her Majesty might receive from them their humble thanks which motion was well liked but at this time it proceeded no further Two Bills had each of them one reading whereof the first was touching Fines and Recoveries before the Justices of the Common Pleas and the second for limitation of time touching Writs of Error growing by fraud The same day M r Vice-Chamberlain commanded as he said by her Majesty moved the House for that this Parliament was not expected to hold at this time many of the Nobility being Lieutenants in their Countries and others principal Members of this House were absent by occasion whereof those great weighty causes for which this Parliament is called cannot have such deep consultation as is fit Therefore he thought it convenient to have an Adjournment and therefore to move the Lords of the Upper House for the liking thereof Which motion being well liked M r Vice-Chamberlain and a convenient number of the House so many as would without nomination did attend him to the Lords who upon his return from the Lords made report that they having considered of the motion found the same want and therefore yielded to an Adjournment of the Parliament until Wednesday next being the 22 d day of this instant Month of February if this House would condescend unto it Unto which Adjournment this House also yielded which consent M r Vice-Chamberlain did there presently signifie to the Lords and upon his return the House brake up On Wednesday the 22 th day of February to which day the Parliament had been last adjourned upon Wednesday the 15 th day of this instant February foregoing the House again sitting the Right Honourable Sir Christopher Hatton Knight Vice-Chamberlain to her Majesty and one of her Majesties most Honourable Privy Council used this Speech in effect to the House viz. That it was her Majesties pleasure to have dangers disclosed and to have the House know that she thanked God for the goodness of the House that she wished the Session mistaken for Meeting to be short that men of Government might go home for matter of Government hospitality and defence and to take another time for making of Laws saving such as be now of necessity The dangers which her Majesty meaneth proceed of ancient malice and are to be prepared for and God called upon for aid The principal heads of the dangers The Catholicks abroad the Pope the King of Spain the Princes of the League the Papists at home and their Ministers The principal root hereof The Council of Trent which agreed to extirp Christian Religion which they term Heresie whereunto divers Princes assented and bound themselves in solemn manner Pope Pius Quint us sent her Excommunication against her Majesty Dr. Mourton and Mendoza a Spanish Ambassadour bestirred them a Northern Rebellion was bred the Pope and the rest practised for the Scottish Queen and she being acquainted proceeds by her means Pope Paulus the Thirteenth proceeds and sends Jesuits and Seminaries to England and Ireland and they proceed to inveagle the Subjects and disswade them from obedience Visko beginneth a Rebellion in Ireland James Fitz-Morris furthereth the Execution thereof Doctor Sanders and Desmond stir new Rebellion there and wrote into England c. Parry was moved to kill her Majesty and perswaded it was meritorious Pope Sixtus the Fifth imitateth the other Popes to execute their former devices and writeth to the Cardinal of Lorain and Guise that he will overthrow the Gospel which Mr. Vice-Chamberlain honourably termed the glorious Gospel and therefore moved them to join with the Princes of the League and to practise to win the King of Scots and to set up the Scottish Queen in England and made his reckoning of the Cantons that be Popish the Switzers the Duke of Savoy the Duke of Ferrara King of Spain and King of France A chief Instrument to work this was one Carew called also Father Henry He was sent into Germany and over Italy and France wrote to the Scottish Queen that the Powers will join to overthrow England and make known the effect of his labour to the Pope Invasion should have been made into England and Ireland the last year and not unlike to be attempted this year The Pope excommunicateth the King of Navar The Pope accounteth not of Popish preaching and perswasions that way but nevertheless moveth all to use the word and for maintenance thereof spareth his Treasure otherwise and withdraweth maintenance from Jesuits Seminaries and divers others Letters were found with the Scottish Queen which prove all these to be true If we serve Almighty God in sincerity of heart we need not to fear It is to be remembred that the King of Spain sought to recover some part of his Fathers credit by using our Treasure and force to get S t Quintines but he soon made his advantage of it and regarded not our Territories in France but suffered the loss of Calice and all our Territories and after the death of Queen Mary what he could Her Majesty sought for his good will sending the Lord Mountague the Lord Cobham Sir Thomas Chamberlain Knight M r Maun and others and they were but hardly used some of them were offered great indignity and M r Mauns Son forced by strength to do a kind of Penance He comforted the Queens Enemies he giveth colour of Wars he chargeth the Queen that her Subjects have aided his Rebels in the Low Countries with
upon the second reading committed unto Mr. Vice-Chamberlain Sir Henry Knyvet Mr. Wroth and others and the Bill was delivered to Mr. Vice-Chamberlain who with the rest was appointed to meet to Morrow in the Afternoon at two of the Clock in the Exchequer Chamber The Bill for relief of the City of Lincoln was brought in by Mr. Vice-Chamberlain one of the Committees in the same who shewed that they have met and conferred upon the same Bill and have amended it in four parts thereof and sheweth wherein leaving the same to the further proceeding of this House in the expediting thereof Mr. Vice-Chamberlain shewed that he and divers others of the Committees of this House met yesterday in Conference about the matter touching abuses of Purveyors and received all such Informations as were then delivered unto them which he said were very many and foul and some of them offered to be proved true in such sort as the same had been reported unto them and so moving this House to make choice of four of the Members of the same to be specially selected to attend upon the Lords in the said matter according to her Majesties said pleasure formerly signified unto them by Mr. Speaker Sir Henry Kuyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth were thereupon nominated for that purpose and Ordered and assented that all the Members of this House might at their pleasure in the mean time of the said Conference so to be had with the Lords repair unto the said Sir Henry Knyvet Mr. Thomas Cromwell Mr. John Hare and Mr. Robert Wroth and to every or any one of them with such instructions either in writing or by information otherwise as they shall think fit for the better furnishing of the same Sir Henry Knyvet Mr. Cromwell Mr. Hare and Mr. Wroth with matter against the time of the said conference to be had with the Lords Nota That this House having formerly dealt in this matter and in reforming some exactions of the Exchequer had been forbidden by her Majesty to deal any further therein and yet afterwards upon some new considerations had leave for their further proceeding in the said matter as see before on Saturday the 15 th day and on Thursday the 17 th day and on Monday the 27 th day of February foregoing and on Tuesday the 4 th day Thursday the 6 th day Saturday the 8 th day and on Monday the 17 th day of this instant March last past Mr. Vice-Chamberlain one of the Committees in the Bill of Hue and Cry appointed on Saturday the 15 th day of this instant March foregoing shewed that in respect of other particular attendance committed unto him in her Majesties service elsewhere he could not be at the said Commitment this Afternoon and therefore prayed he may be excused and some other appointed in his stead Whereupon presently Sir John Parrot and the Master of the Wardrobe were added to the former Committees and the said Mr. Vice-Camberlain withdrawn And the Bill together with the names of the Committees was then delivered to the said Sir John Parrot On Wednesday the 19 th day of March the Bill concerning Glass-houses and Glass-Furnaces was upon the second reading committed unto Sir William Moore Mr. George Moore Mr. Markham and others and the Bill was delivered to Sir William Moore who with the rest was appointed to meet in the Exchequer Chamber at two of the Clock this Afternoon The Bill for the Lady Gressam was upon the second reading committed unto Mr. Cromwell Mr. Grafton Mr. Grimston Mr. Recorder of London and others who were appointed to meet in the Exchequer Chamber to Morrow in the Afternoon at two of the Clock The Bill against discontinuances in Writs of Error in the Courts of Exchequer and the Kings Bench was read the second time and upon further Motion was read again for the third reading thereof and so passed upon the question The Master of the Wardrobe one of the Committees in the Bill touching Leases of the Lands Parcel of the Possession of the Bishoprick of Oxford brought in the same Bill with report that the said Committees do think the same Bill not meet to be further dealt in by this House The Bill concerning Captains and Souldiers was read the second time and after the doubtfulness of the voices upon two several questions for the commitment thereof was upon the division of the House by the difference of thirty five Persons Ordered to be committed viz. with the Yea one hundred thirty one and with the No ninety six unto all the Privy Council being of this House Sir Henry Knyvet M r Wroth M r Lieutenant of the Tower M r North and others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Sir John Parrot one of the Committees in the Bill touching Hue and Cry brought in the Bill again with report that the Committees have met and conferred upon the same Bill and finding good Laws in force already touching that matter are of opinion that in respect also partly of the shortness of this Parliament likely to ensue the said Bill may be reserved to be further considered of in another Session Thomas Drurie Gent. being brought to the Bar was charged by M r Speaker in the name of this whole House with great and deep offences committed by him against the whole State of this House in general in having untruly reported and given out both to some of the Lords in the Upper House and also to divers others Persons elsewhere that he could have no justice in this House nor could himself be heard nor have his Witnesses in his Cause heard neither in the House nor before the Committees and also against divers Members of this House in particular in offering unto some of them great threats and to some others of them great sums of Money to speak in this House for him and not against him and likewise in using of hard Speeches both to some of them and of some of them to the great discredit wrong and prejudice both of the whole State of this said House in general and also of divers Members of the same in particular for that in very deed he had been heard at large both in this House and also before the Committees and for that likewise sundry of his misbehaviours towards divers Members of this House were directly proved in this House against him to the full satisfaction of this House in the same And so was required by M r Speaker to answer therein for himself Whereupon the said Thomas Drurie in very humble sort and good terms sought to excuse himself not directly acknowledging any the said offences but humbly craving pardon of this House if he had committed any such And then being sequestred the House till his said pretended Speeches of excuse and conditional form of craving pardon were considered of it was by divers of the Members of this House grieved
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
of which the second being the Bill or Petition of Cloth-workers had its first reading Mr. Johnson made Report of the meeting and Travel of the Committees in the Bill for punishment of idle and base persons with certain Amendments The Bills and Committees names touching trifling Suits and against common Sollicitors were delivered to Mr. Boyce The Amendments in the Bill for punishment of Offences in base and idle Persons were twice read and with the Bill Ordered to be ingrossed Two Bills also had each of them one reading of which the second being the Bill concerning matters of Assurances used amongst Merchants was read the second time and Committed unto all the Privy Council being Members of this House all the Doctors of the Civil Law likewise of this House Sir Walter Raleigh and others who were appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the Afternoon John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his offence c. was asked what he could answer for himself Upon his humble submission made earnest protestations of not knowing the said Wooddal to pertain to any Member of this House and being Sequestred until the House had considered of the same he was again brought to the Bar and by Order of the House discharged paying his Fees Vide concerning this matter on Yesterday immediately foregoing Thus far out of the Original Journal-Book of the House of Commons the residue of this dayes Passages are inserted out of the private Journal M r Hugh Beeston stood up in the lower end of the House and said M r Speaker We that be here cannot hear you that be above I would it would please them that speak there to speak louder Also I am to certifie you that I am here for a Town but not for mine own Country of Denbighshire or for any part thereof but if I should not speak somewhat for my Country I dare never go thither again Therefore I heartily beseech you M r Speaker That the House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess for they cannot but find themselves grieved for want of the Election But what is done I know not M r Secretary Cecill said Because I was the Reporter of the stay of the Election as also of the proceeding I will now also certifie you that there was Order taken for the sending out of a Warrant for the Election but what is done therein I know not M r Speaker said I gave Warrant to the Clerk of the Crown according to the antient form to send out a new Writ who answered me that the Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant for sealing thereof so that nothing is done therein Sir Edward Hobbic said There is no Court that doth not observe his Rites and follow his Priviledges much more this High Court of Parliament being the greatest and Commander of all other Courts doth and ought to observe the same most strictly And all the Precedents which I have seen and observed touching this point have ever gone to the Clerk of the Crown and to none other And therefore I take it that course ought inviolably to be observed Sir George Moore said I agree with the Gentleman that last spake that Precedents ought to be observed but yet not altogether upon urgent occasion or by necessity of time knowing this I take it my duty to inform you if any alteration have been it proceeded from the imperfection of a Speaker It was well observed by an antient Member of this House that no Conserence with the Lords touching a Subsidy should be had Yet that Rule hath been altered in late Parliaments by reason of special Causes So do I think it would be more Honourable to this House to direct our Warrant to the Lord Keeper than to any inferiour Minister in the Chancery Sir Francis Hastings said By the leave of your Honourable Favours I will shew you that I my self was Yesterday with the Lord Keeper and how Honourably I heard him speak of this House that he desired nothing more than to shew the duty and love he beareth us as also himself would be our immediate Officer and would be willing and glad to receive a Warrant from us so it might be directed to him for his discharge be it in what terms soever we pleased And he said he doubted not but if this Honourable House knew so much they would rather chuse him than any other for their Minister Thus much I thought good to certifie this House of which being spoken in private unto me I now deliver in publick unto you for my own advice I think nothing can be more Honourable unto this House than to have a Person of so great Estate to whom we may direct our Warrant as to our Minister M r Francis Bacon said It is far more Honourable for this House in my opinion when our Warrant shall move the principal Member of Justice than when it shall command a base petty or inferiour Servant to the Clerk of the Crown or the Clerk of the petty Bag. It will be said that our Warrant Emanavit improvidè when we shall direct our Warrants to these base Officers when we may move the Great Seal of England by it even as soon as either petty Bag or petty Officer M r Speaker said I was and ever am Zealous and Jealous of the Priviledges and Orders of this House I was commanded by you to send forth a Warrant for the Election of a Knight and Burgess I found a resolution that during the time of the sitting of this House the Speaker for a new Election is to make a Warrant directed to the Clerk of the Crown so that in my doing thereof I hope I have done rightly M r Secretary Cecill said I hope I shall move unto you a Conclusion which will end this Controversie and in the mean time a saving to all persons I mean not to second my former Error for which I was excepted unto that is that M r Speaker or any Member should attend the Lord Keeper but that four might be Assigned by this House to go to the Lord Keeper I say to go as if he should have said mark I say not to attend to the Lord Keeper to know the cause of the stay as also his request unto this House And that other six might be Assigned to call before them the Clerk of the Crown the Clerk of the petty Bag and the Clerk of this House with their Precedents and Books to see to whom this Warrant hath in former times been directed and whether the Priviledges in former Ages have danced a Pavin to and fro and according to the time have been altered This to be done this Afternoon and to certifie this House to Morrow and then we to make a determinate resolution To
libera lingua therefore freely and faithfully that which I know I will speak to this House This Bill may touch the Prerogative Royal which as I learned the last Parliament is so transcendent that the ..... of the Subject may not aspire thereunto Far be it therefore from me that the State and Prerogative Royal of the Prince should be tied by me or by the Act of any other Subject First Let us consider of the word Monopolie what it is Monos is Unus and Polis is Civitas so then the meaning of the word is a restraint of any thing publick in a City or Common-Wealth to a private use and the User called a Monopolitan quasi cujus privatum lucrum est urbis Orbis commune malum And we may well term this man the Whirlpool of the Princes profit Every man hath three special Friends his Goods his Kinsfolks and his good Name these men may have the two first but not the last They are Insidiosa quia dulcia they are dolosa quia dubia I speak not M r Speaker neither repining at her Majesties Prerogative or misliking the reasons of her Grants but out of grief of heart to see the Town wherein I serve pester'd and continually vext by the Substitutes and Vicegerents of these Monopolitans who are ever ill-disposed and affected Members I beseech you give me leave to prove this unto you by this Argument Whosoever transgresseth the Royal Commission of her Majesty being granted upon good and Warrantable Suggestions and also abuseth the Authority and Warrant of her Majesties Privy-Council being granted unto him for the more favourable Execution of his Patent this man is an evil-disposed and dangerous Subject But that this is true and hath been done by one Person a Substitute of a Patentee I will prove unto you The Major needs not be proved the Minor I will thus prove My self am Oculatus testis of this Minor Et talis testis plus valet existens unus quà m auriti decem The Substitutes for Aquavitae and Vinegar came not long since to the Town where I serve and presently stayed sale of both these Commodities unless the Sellers would compound with them they must presently to the Council-Table My self though ignorant yet not so unskilful by reason of my profession but that I could judge whether their proceedings were according to their Authority viewed their Patent and found they exceeded in three points for where the Patent gives Months liberty to the Subject that hath any Aquavitae to sell the same this Person comes down within two Months and takes Bond of them to his own use where he ought to bring them before a Justice of Peace and they there to be bound in Recognizance and after to be returned into the Exchequer and so by Usurpation retaineth Power in his own hands to kill or save Thus her Majesties Commission being transgressed as a sworn Servant to her Majesty I hold my self bound to certifie the House thereof and also that this Substitute stands Indicted as an obstinate Recusant Yea when her Majesties name hath been spoken of and her self prayed for he hath refused to stir Hat or Lip My humble Motion therefore is that we might use some caution or circumspective care to prevent this ensuing mischief M r Francis Bacon said the Gentleman that spake last coasted so for and against the Bill that for my own part not well hearing him I did not perfectly understand him I confess the Bill as it is is in few words but yet ponderous and weighty For the Prerogative Royal of the Prince for my own part I ever allowed of it and it is such as I hope shall never be discuss'd The Queen as she is our Sovereign hath both an enlarging and restraining Power For by her Prerogative she may first set at liberty things restrained by Statute Law or otherwise and secondly by her Prerogative she may restrain things which be at liberty For the first she may grant non obstante contrary to the penal Laws which truly according to my own Conscience and so struck himself on the Breast are as hateful to the Subject as Monopolies For the second if any man out of his own Wit industry or indeavour finds out any thing beneficial for the Common-Wealth or bring in any new Invention which every Subject of this Kingdom may use yet in regard of his pains and travel therein her Majesty perhaps is pleased to grant him a Priviledge to use the same only by himself or his Deputies for a certain time This is one kind of Monopoly Sometimes there is a glut of things when they be in excessive quantity as perhaps of Corn and her Majesty gives Licence of transportation to one Man this is another kind of Monopoly Sometimes there is a scarcity or a small quantity and the like is granted also These and divers of this nature have been in Tryal both at the Common-Pleas upon Actions of Trespass where if the Judges do find the Priviledge good and beneficial to the Common-Wealth they then will allow it otherwise disallow it And also I know that her Majesty her self hath given Commandment to her Attorney General to bring divers of them since the last Parliament to Tryal in the Exchequer since which time at least fifteen or sixteen to my knowledge have been repealed some by her Majesties own express Commandment upon Complaint made unto her by Petition and some by Quo Warranto in the Exchequer But M r Speaker said he pointing to the Bill this is no Stranger in this place but a Stranger in this Vestment the use hath been ever to humble our selves unto her Majesty and by Petition desire to have our grievances remedied especially when the remedy toucheth her so nigh in point of Prerogative All cannot be done at once neither was it possible since the last Parliament to repeal all If her Majesty make a Patent or as we term it a Monopoly unto any of her Servants that must go and we cry out of it but if she grant it to a number of Burgesses or a Corporation that must stand and that forsooth is no Monopoly I say and I say again that we ought not to deal to judge or meddle with her Majesties Prerogative I wish every man therefore to be careful in this business And humbly pray this House to testifie with me that I have discharged my duty in respect of my place in speaking on her Majesties behalf And protest I have delivered my Conscience in saying that which I have said D r Bennet said He that will go about to debate her Majesties Prerogative Royal had need walk warily In respect of a grievance out of the City for which I come I think my self bound to speak that now which I had not intended to speak before I mean a Monopoly of Salt It is an old Proverb Sal sapit omnia Fire and Water are not more necessary But for other Monopolies of Cards at which word Sir Walter
I went to Sir Edmund's Chamber where I found him to reconcile my self and make an Atonement for that was his word with him As I was doing this M r Serjeant came into the Chamber and there Arrested me whose Arrest I most willingly obeyed and do now acknowledge my self to have offended though not wittingly May it please you I have served her Majesty these eighteen Years in her Wars and in all my Life I was never Trespasser in any offence of this or the like nature I do therefore most humbly beseech you in your Wisdoms to have consideration of the nature and circumstances of mine offence and most willingly I do submit my self to your Censures William Mackerells being a poor simple Fellow could say nothing for himself but only that he knew not M r Pemerton to be of the House no not for his Life if it c. So the Serjeant was commanded to remove them forth Mr. Johnson said Some we Pardon out of Discretion some out of Commiseration I think set all Parliaments together they will not match this Parliament with numbers of this nature only impunity the Cause Sir Edmund Morgan said The Gentleman Mr. Speaker is a Man of good desert sort and carriage and I think if he had known me to have been of this House he would not have served me with the Subpoena Truly he came to my Lodging and acknowledged his great fault and prayed me to extenuate it I protest I think he did not know I was of the House And therefore I humbly pray that in regard of his person and good service done to her Majesty his offence may be as freely remitted by the House as it is by me And that it would please you all to reserve your Justice to matters of greater importance Which-Speech was marvellous well liked of by the House M r Pemerton being asked what he could say whether William Mackerells knew him he Answered I and that his men had told him He said he knew that the said William was a very Knave and therefore he would not entreat the favour of the House but let him have the Justice of the House Which Speech was generally misliked as churlish M r Fleetwood a Counsellor of Grayes-Inn shewed unto the House that one Holland a Scrivener by Temple-Bar and his Man had beaten his Servant And he humbly prayed they might be sent for And the question grew upon dispute whether this were punishable And after upon a Precedent vouched by M r Roger Owen of 8 Hen. 4. touching a Knight of the Parliament coming towards the Parliament And so agreed they should be sent for See the whole matter on Saturday next M r Kennell and M r Mackerells were brought to the Bar and after their offences laid open by the Speaker he said it pleased the House to have so favourable consideration of their offences that they should only have three dayes Imprisonment in the Custody of the Serjeant and pay him their Fees M r Downald moved the House first that that gracious Message which had been sent from her Majesty might be written in the Books of Records of this House being worthy to be written in Gold as well as it is written and fixed in the true heart of every good Subject Secondly That the Honourable Assembly of this House would move her Majesty and be earnest means of speed lest that which is now meant indeed may by protraction of time be altered or perhaps not so happily effected M r Secretary Cecill said I promised to be as silent as I could Among much Speech of the wise there wants not much folly much more in me I do not speak because I do dislike the Motion of the Gentleman that last spake but to defend the diligence and grace of the Queen It is no matter of Toy for a Prince to notifie in publick a matter of this weight Though the Idol of a Monopoly be a great Monster yet after two or three days I doubt not but you shall see him dismember'd And I protest there is not any Soul that lives deserves thanks in this Cause but our Sovereign Yesterday the Queen gave Order for a Draught of a Proclamation I had it in my hand You all know I went even now out of the House that was in the middle of M r Tate's Speech then I read it and sent for him that should deliver it to her hands Now what needs this new Zeal M r Davies said M r Speaker I stood up before to speak it is not much I had to say only this That which was delivered unto you from her sacred self I think to be Gospel that is Glad Tidings And as the Gospel is registred and written so would I have that also for if ever glad tidings came to the heart of the Subject they now come This is all Sir Sir George Moore said This eating and fretting Disease of Monopolies I have ever detested with my heart and the greater the grievance is the more inestimable is the grave wisdom of her Majesty in repealing them And therefore for us to think we can sufficiently requite the same it were to hold a Candle before the Sun to dim the Light And seeing she in her Clemency and Care to us hath taken the matter in her own hands I wish the matter may be no more spoke of much less proceeded in Sir Francis Hastings said It ought to be written in the Tables of our hearts c. Mr. Lawrence Hide said I think the Gentleman that set this Motion on foot spake out of Joy for her Majesties Grace and Zeal to have performance of her Promise In that he wished it might be recorded in Paper here or Parchment it is not to be intended but he meant also in our hearts which remain no longer than we live But Records remain long and will give a lively memory in Ages to come And therefore for that part of his Motion I think it very good and wish the Clerk may do it accordingly Mr. Comptroller said I think he that first moved this question exceedingly forgot himself and exceedingly detracted from her Majesty who I know out of her abundant love and grace to this House hath taken such speedy course as hath been delivered by my Fellow Counsellor With that affection she embraceth this House that in more familiar than Princely sort it hath pleased her to say Recommend me to the House with thanks for their promise and care for their common good Mr. Speaker said My Heart is not able to conceive nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care for our good c. Wherefore as God himself said Gloriam meam alteri non dabo so may her Majesty say in that she her self will be the only and speedy Agent for performance of our most humble and most wished desires Wherefore let us not doubt but as she hath been so she still will be our most Gracious Sovereign and natural
the Speaker in her Majesties name to the House out of the private Journal M r Speaker said First I am by her Majesties Commission to make Report unto you of that rotable and excellent Speech which her Majesty delivered I shall deliver unto you but a shadow of that substance but I greatly rejoice that so many were there present who are well able to supply to others the true Report of her Majesties Speech It pleased her Majesty to shew in what gracious part she accepted our Loyalties She said she rejoyced not so much to be a Queen as to be a Queen over so thankful a People and that God had made her a means to save us from Shame Tyranny and Oppression She did accept of our intended Present which she said manifested our Love and Loyalty most graciously affirming that she never was any greedy Griper or Fastholder and what we did present she would not hoard it For the thanks which were yielded for her great regard of us she willed me to return her thanks to you most graciously and to tell you that her Heart never inclined to pass any Grant but upon suggestion that it was for the good of the Subjects And now that the contrary hath appeared she took it graciously that the knowledge thereof came from her Subjects She ever set the last Judgment before her Eyes and never thought arose in her but for the good of her People If her Grants were abused to their Hurt against her Will she hoped God would not lay their Culps and offences to her Charge and the principal Members not touched And had it not been for these her good Subjects she had fallen from Lapse into Error Those that did speak she thought spake not out of spleen or displeasure to the Grants but to deliver the grief of their hearts which above any Earthly Pleasure she respected She said she was not allured with the Royal Authority of a King neither did she attribute any thing unto her self but all to the Glory of God She said the Cares and Trouble of a Crown are known only to them that wear it and were it not more for Conscience sake than for any desert or want of disposition in her these Patentees should not escape without condign Punishment She desired not to Reign longer than that her Government and Reign should be for our good She said we well might have a Prince of more wisdom and sufficiency but of more Love and Affection we should never have Her Majesty delivered a Commandment to M r Comptroller and M r Secretary that the Gentlemen of the Country should be brought to kiss her Hand before they departed The residue of this dayes Passages do follow out of the Original Journal-Book of the House of Commons it self as also part of the next The Amendments in the Bill touching Shop-Books were twice read and Ordered to be ingrossed The Bill to prevent Perjury and Subornation of Perjury was read the second time and committed unto the Queens Learned Council being Members of this House M r Attorneys of the Dutchy and the Court of Wards Sir Moyle Finch Sir Anthony Cope M r Townsend M r Bacon and others And the Bill was delivered to M r Townsend who with the rest was appointed to meet upon Thursday next at two of the Clock in the Afternoon in the Middle-Temple Hall The Bill for charitable uses was delivered to Mr. Barington On Wednesday the second day of December Four Bills of no great moment had each of them one reading of which the last being for the Assurance of the Parsonage and Vicaridge of Rotherstone to Tho. Venables Esq was read the second time and committed unto the Knights and Burgesses for Chester and Cheshire the Burgesses for Oxford Sir Edward Hobbie and others who were appointed to meet to Morrow in the Court of Wards at two of the Clock in the Afternoon M r Moore made Report of the meeting of the Committees in the Bill touching the Hospitals and of some Amendments therein The Amendments in the Bill for the three Hospitals were twice read and with the Bill Ordered to be ingrossed The Bill for the Amendments of Double Soal green was read the second time and committed unto M r Chancellor of the Exchequer Sir Robert Wroth Sir William Lane and others and the Bill was delivered to Sir Robert Wroth who with the rest was appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon The Bill to reform abuses used bv the Clerk of the Market was read the second time and thereupon M r Frechevile one of the Knights for Derbyshire spake unto it In that I speak being least worthy I hope it will be deemed to proceed from affection not presumption Besides I have learnt it for a Rule in this House it is better to venture Credit than Conscience There are three things to be considered in this Bill the inconveniency the necessity of the remedy and the conveniency of the punishment For the inconveniency no man but knows it who knows the State of his Country In mine there is nothing more generally complained of than the inequality of measures for the rich have two measures with the one he buyes and ingrosseth Corn in the Country that is the greater with the other he retails it at home to his poor Neighbours that 's by the lesser This is to the great and just complaint of all So after many other matters moved upon Statutes the Bill was committed to M r Frechvile M r Wiseman M r Johnson Sir George Moore Sir Robert Wroth Sir John Egerton the Burgesses and Citizens of all Cities and Corporate Towns the Knights for Norfolk M r Francis Moore M r Zachary Lock M r Warcup M r Simnell M r Doyle and M r Thomas Caesar who were appointed to meet upon Saturday next in this House at two of the Clock in the Afternoon The Bill for the more diligent resort to Church upon Sundays was read the second time unto which divers Speeches were had in the House M r Roger Owen said that he misliked the Bill for two respects the one for the Penalty the other in respect of the Party punishing that is the Justice For the first the Penalty is twelve pence It is well known that the poorest Recusant in England ought as well as the rich to pay his twenty pound and for want of Lands and Goods his Body is lyable And therefore we shall double punish him which is against Law For the other touching the Justice I think it too great a trouble and they are ever loaden with a number of penal Statutes yea a whole Alphabet as appears by Hussey in the time of Henry the Seventh And this is a matter so obvious that a Justice of Peace his House will be like a Quarter Sessions with the multitude of these Complaints I think also it is an infringement of Magna Charta for that gives Tryal per pares but this
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
and was again recovered within a quarter of an hour It was said he had a spice of the Falling Sickness He was carried forth of the House by the Serjeant of the same and three of his men into the outer Room It was strange to hear the diversity of opinions touching this accident some saying it was Malum omen others that it was Bonum omen c. But as God will so be it Thus far of this days passages out of private Journals some other business of this day doth now follow out of the Original Journal-Book of the House of Commons it self viz. Mr. Attorney General and Mr. Doctor Stanhop did bring from the Lords unto this House two Acts one Intituled An Act of the Queens Majesties most gracious general and free Pardon and another Act for the granting of four entire Subsidies and eight Fifteenths and Tenths granted by the Temporalty before passed in this House Mr. Secretary Cecill made Report of the meeting and travel of the Committees in the Bill that came from the Lords Yesterday Intituled An Act for reformation of deceits in Auditors and their Clerks in making untrue particulars and that for the errors in the form of digestion of the same it is thought not fit in the opinion of the Committees to be any further dealt in at this time and so resolved of in the Conference had with the Lords M r Hackwell made a Motion that the Speaker might say something touching the transportation of Ordnance that seeing the Bill in the Lower House is fallen into an everlasting sleep and that we knew not thereof before this day he could not be blamed for that which he could not have spoken before this time but nothing was replied or done The Subsidy of the Clergy was sent in a Roll according to the usual Acts to which Sir Edward Hobbie took Exceptions because it was not sent in a long Skin of Parchment under the Queens Hand and Seal So it was sent back again and then the other sent On Saturday the 19 th day of December about nine of the Clock the House came together this day being appointed to be the last day of the Parliament M r Speaker moved the House to know their Pleasures if they should Adjourn the House till one of the Clock which was assented unto yet as they were rising M r Herbert Croft said M r Speaker though perhaps my Motion may seem unseasonable at this present yet I beseech the House consider with me a Speech made Yesterday that consisted of four parts the scope whereof it being M r Hackwell's Speech layes open the dangerous mischiefs that come by transportation of Ordnance and that due reformation thereof may be had for restraint of private transporting I would only put the House in mind and you also M r Speaker that the Gentleman which Yesterday moved it desired that M r Speaker might say something thereof to her Majesty in his Speech to be inserted Which I do again desire the more earnestly because our Bill is fallen as he said into an Everlasting sleep and we have now no remedy but by her Majesty M r Speaker said If it please you upon the Motion of the Gentleman made Yesterday I mean to say something therein both for your satisfaction and performance of my duty And therefore this matter shall need no further to be moved With which the House rested well satisfied and so arose But it is to be noted that the Speaker said not one word in his Speech to her Majesty touching that matter which was greatly murmured at and spoken against amongst the Burgesses that the House should be so abused and that nothing was done therein Post Meridiem An Act of the Queens Majesties most gracious general and free Pardon was sent up to the Lords by M r Secretary Herbert The sending up of this Bill of the general Pardon being thus transcribed out of the Original Journal-Book of the House of Commons the rest of this Afternoons Passages as also the Conclusion of the Parliament do now follow About one of the Clock divers Gentlemen met together at the House whither the Speaker came and after the Privy-Council where sitting till past two of the Clock they went to the Upper House and stayed there at the Gallery Door above half an hour and at length the Door was opened and the Lords of the Upper House being all set and her Majesty under a rich Cloth of State the Speaker went to the usual place at the Bar where after three Reverences made and the like done in their times by all the Commons the said Speaker amongst other things in his Speech presented her Majesty in the name of the said House with the Gifts of four Subsidies and eight Fifteenths and Tenths although he somewhat mistook the manner of it in the delivery Unto which the Lord Keeper having Answered in her Majesties name with thanks Dissolved the Parliament after her Majesty had given her Royal Assent unto nineteen publick Acts and ten private FINIS An Alphabetical TABLE Directing to the principal matters contained in the JOURNAL OF THE House of LORDS A. ABsence of a Peer to be with licence from the Prince whereas of a Commoner from that House only p. 539. 543. The reason of absence ought to be signified to the House by one of the Peers and not by other Information p. 605 Acts how passed by the Sovereign p. 35. Acts of Grace how ibid. How Acts are transcribed and certified into the Rolls ibid. All the Acts at one Session passed by the Lord Chief Justice by vertue of Letters Patents from the Queen p. 389 Addition Vide Amendment Adjourn why the Lords commonly adjourn for several dayes at the beginning of a Session p. 270. The form of Letters Patents to certain Lords to adjourn the Parliament p. 317. The Sovercign may adjourn the Parliament as well as the Parliament adjourn it self p. 318. An Adjournment maketh no new Session as a Prorogation doth ibid. The Parliament adjourned by the Queens Commissioners without a particular Commission p. 382 Amendments of Bills by the Lords sent from the Commons how made p. 20. They use to be written in paper ibid. and p. 26. When a Bill has once passed the Lords and is sent down to the Commons if these make additions or amendments thereof the Lords upon the return of the Bill read them only and not the Bill it self p. 271. The Lords having ingrossed Amendments to a certain Bill in parchment the Commons will not allow of them but return the Bill with the Amendments to have these writ in paper p. 534 A Bill sent from the Commons receiving Amendments and Additions in the House of Lords the Orders of this House will not permit that the Lords should consent to any alterations of such Amendments or Additions by the Commons p. 537. If one Committee differ from the rest in some Amendments of a Bill he may give his reasons of such dissent to the
well thereof And thereupon made Choice of divers Lords whose names see at large on Thursday the 10 th day of this instant November foregoing And they of the House of Commons appointed their Speaker and all the Privy-Council of that House and so many others as in all with the Privy-Council made up the Number of 42. Persons to join with the said Lords And they altogether understanding first her Majesties pleasure for the time of their repair to her Highness presence which was signified to be on Saturday the 12 th day of November the Lord Chancellor in the name of the Lords and the Speaker in the name of the House of Commons declared unto her Majesty That both the Lords and Commons after often Conferences and long consultation had concluded to be humble Suitors unto her Majesty by way of Petition the effect whereof was then at good length opened unto her Majesty by the Lord Chancellor and Speaker and the Petition thereupon delivered unto her Majesty in writing And where it was before desired by them of the said House of Commons that presently upon the Agreement of the Form of the Petition it might be entered into the Rolls of the Parliament the Lords thought it better to stay the enterance thereof until it were presented unto her Highness which done the Lords ordered that this Friday the 25 th day of November the said Petition should be entered into the Parliament Roll in manner and form following viz. May it please your most Excellent Majesty Our must Gracious Soveraign We your humble loving and faithful Subjects the Lords and Commons in this present Parliament assembled having of long time to our intolerable grief seen by how manifold most dangerous and execrable practices Mary the Daughter and Heir of James the Fifth late King of Scots Dowager of France and commonly called Queen of Scots hath compassed the destruction of your Majesties sacred and most Royal Person in whose safety next under God our chief and only felicity doth consist and thereby not only to bereave us of the sincere and true Religion of Almighty God bringing us and this Noble Crown back again into the Thraldom of the Romish Tyranny but also utterly to ruinate and overthrow the happy State and Common Weal of this most Noble Realm which being from time to time by the great mercy and providence of God and your Highness singular wisdom foreseen and prevented your Majesty of your exceeding great Clemency and Princely Magnanimity hath either most graciously passed over or with singular favour tolerated although often and instantly moved by your most loving and faithful Subjects to the contrary in times of your Parliaments and at many other times and hath also protected and desended the said Scottish Queen from those great dangers which her own people for certain detestable Crimes and offences to her imputed had determined against her All which notwithstanding the same Queen was nothing moved with these and many other your Majesties most gracious favours towards her but rather obdurate in malice and by hope of continual impunity imboldened to prosecute her cruel and mischievous determination by some speedy and violent course and now lately a very dangerous Plot being conceived and set down by Anthony Babington and others That six desperate and wicked persons should undertake that wicked and most horrible enterprize to take away your Majesties Life whom God of his infinite mercy long preserve she did not only give her advice and direction upon every point and all circumstances concerning the same make earnest request to have it performed with all diligence but did also promise assurance of large reward and recompence to the doers thereof which being informed to your Majesty it pleased your Highness upon the earnest Suit of such as tendred the safety of your Royal Person and the good and quiet state of this Realm to direct your Commission under the Great Seal of England to the Lords and others of your Highness Privy-Council and certain other Lords of Parliament of the greatest and most antient Degree with some of your principal Judges to examine hear and determine the same Cause and thereupon to give Sentence or Judgment according to a Statute in that behalf made in the twenty seventh year of your most Gracious Reign By vertue whereof the more part of the same Commissioners being in number thirty six having at sundry times fully heard what was alledged and proved against the said Scottish Queen in her own presence touching the said crimes and offences and what she could say for her defence and excuse therein did after long deliberation give their Sentence and Judgment with one consent that the death and destruction of your Royal Person was imagined and compassed by the said Anthony Babington with the privity of the same Scottish Queen And that she her self did also compass and imagine the death and destruction of your most Royal Person Now for as much as we your Majesties most humble loyal and dutiful Subjects representing unto your most Excellent Majesty the universal State of your whole people of all degrees in this your Realm do well perceive and are fully satisfied that the same Sentence and Judgment is in all things most honourable just and lawful And having carefully and effectually according to our most bounden duties weighed and considered upon what ground and cause so many Traiterous complots and dangerous practices against your most Royal Person and Estate and for the invading of this Realm have for the space of many years past grown and proceeded do certainly find and are undoubtedly perswaded that all the same have been from time to time attempted and practised by and from the Scottish Queen and by her Confederates Ministers and Favourers who conceive an assured hope to atchieve speedily by your Majesties untimely death that which they have long expected and whereof during your Life which God long preserve to our inestimable Comfort they despair to wit to place her the said Scottish Queen in the Imperial and Kingly Seat of this Realm and by her to banish and destroy the Professors and professing of the true Religion of Jesus Christ and the antient Nobility of this Land and to bring this whole State and Common-Weal to Foreign Subjection and utter ruin and confusion which their malicious and traiterous purpose they will never cease to prosecute by all possible means they can so long as they may have their Eyes and Imaginations fixed upon that Lady the only ground of their treasonable hope and conceits and the only Seed-plot of all dangerous and traiterous devices and practices against your Sacred Person And seeing also what insolent boldness is grown in the heart of the same Queen through your Majesties former exceeding favours and Clemencies towards her and thereupon weighing with heavy and sorrowful hearts in what continual peril of such like desperate Conspiracies and practices your Majesties most Royal and Sacred Person and Life more dear unto us than