directed unto him for a Proxie is but an Authority to give another man's assent which cannot be transferred to a third person yet doth the sending of one Proxie sufficiently excuse any absent Lord although the Peer to whom it is directed be not present himself but as soon as that absent Lord shall have notice that he or they whom he constituted for his Procurators do themselves send their Proxies also by reason of their absence then may he send another Proxie and constitute one other or more Proctors for himself and in his stead to give his voice de Novo as the Lord Vaux did in A. 18. Jacobi Regis After those Bloody and Intestine Civil Wars which had been raised in England in the year 1642. and that Robert Earl of Essex General of the Forces raised by the two Houses of Parliament against the King had by the Power of the Independent Faction over ballancing those who desired the settling of the Presbyterian Government been laid aside and Sir Thomas Fairfax Knight placed in his Room the opposition between those two Parties in either House of Parliament growing every day higher and higher the Aged Earl of Mulgrave being an Enemy to all Faction and Innovation was much troubled that William Viscount Say and Seale the chief Promoter of the Independent Novelties did make use of his Proxie for the acting and passing those particulars which were contrary to the Judgment and Conscience of him the said Earl of Mulgrave And therefore my advise being desired by some of the Members of the House of Commons for the reminding him thereof I drew the Letter and Instrument ensuing being not only the first but the sole President also of this King which yet remains upon Record in the Office of the Clerk of the House of Peers To the Right Honourable the Speaker of the House of Peers pro Tempore My very good Lord I am humbly to request of your Lordship to communicate this my present Instrument under my hand and Seal to the House of Peers that it may be publickly there Read and remain upon Record in the Office of the Clerk of the same House Kenzington April 1646. I am Your Lordships humble Servant TO all Christian People to whom these presents shall come Edmund Earl of Mulgrave Greeting Know Ye that Whereas I the said Edmund Earl of Mulgrave have formerly constituted the Right Honourable William Viscount Say and Seal c. my lawful Actor and Procurator for me and in my name to give my Voice and Suffrage upon all such emergent Occasions as the same shall be requisite by the ancient Orders and Constitutions of the House of Peers That I do now by these presents Revoke and Vacate the Proxie by which I did formerly Constitute the said William Viscount Say and Seal my lawful Actor and Procurator as is aforesaid and do hereby declare the same Proxie to be utterly Annulled Vacated and Revoked to all intents and purposes whatsoever In witness whereof I have Signed and Scaled these presents this day of April in the 22th year of the Reign of our Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King etc. An. Dom. 1646. This Instrument was written and ingrossed in Parchment as a Deed Poll is and to it in a Libel of Parchment was the Seal of the said Earl of Mulgrave affixed and it was read and allowed in the House of Peers Soon after the allowance of the aforesaid Instrument the said Earl of Mulgrave sent this ensuing Proxie to the Earl of Essex who made use of it in the House of Peers and it was there allowed of without any the least question or dispute OMnibus Christi Fidelibus ad quos hoc presens Scriptum pervener it Edmundus Comes de Mulgrave Salutem Noveritis me prefatum Edmundum Comitem de Mulgrave per Licentiam Serenissimi Domini nostri Regis a presenti hoc suo Parliamento inchoat ' et tent ' apud Westmonasterium etc. sufficientèr excusatum abesse nominare ordinare et constituere dilectum mihi in Christo et honorandum Virum Robertum Comitem Essex meum verum certum et indubitatum Factorem Actorem seu Procuratorem per presentes eidemque procuratori meo dare concedere plenam Authoritatem potestatem pro me nomine meo de super quibuscunque causis negotiis in Presenti hoc Parliamento exponendis seu declarandis tractandi tractatibusque hujusmodi inibi factis seu faciendis consilium auxilium nomine meo impendendi statutisque etiam ordination ' quae ex maturo deliberato judicio Domincrum in eodem Parliamento congregat ' inactitart seu ordinari contiger in t nomine meo consentiendi Caeteraque omnia singula quae in praemissis necessaria fuerint seu quomodolibet requisita faciendi exercendi in tam amplis modo forma ut ego ipse facere possem aut deberem si presens personalitèr interessem Ratum Gratum habiturus totum quicquid Procuratormeus statuerit aut fecerit in praemissis In 〈◊〉 rei testimonium praesentibus subscripsi Sigillumque apposui Neither will it be impertinent to set down here how many Proxies were sent to some special Peers at this Parliament it having been my usual course to make some short remembrance of them in all their Journals of Queen Eliz's Reign upon the first day that any extraordinary Proxies were returned and I have caused not only the Presidents of this kind to be inserted here at large in respect this was the first Parliament of her Majesties Reign but also because they are more full and direct than any other that ensue to prove what hath been the ancient use and Priviledge of the Peers of the Upper House in the matter of sending and receiving of Lords Procuratory At first Nicolas Archbishop of York for the See of Canterbury remained still void since the Death of Cardinal Pool was constituted the sole or joynt Proctor of David Bishop of Peterborough Cuthbert Bishop of Durham Thomas Bishop of Ely Gilbert Bishop of Bath and Wells Henry Bishop of St. Davids and of Thomas Tresham Prior of St. Johns of Jerusalem all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned on Monday the 23th day of January on which this present Parliament was Summoned to have begun Francis Earl of Bedford was also Constituted the sole or joynt Proctor of 15 several Peers viz. of John Lord Mordant William Lord Paget George Lord Zouch and of Henry Lord Aburgaveny all which Proxies are entred at the beginning of the Original Journal Book of the Upper House to have been returned this present Monday the 23th day of January He was also constituted the joynt Proctor of Edward Lord Clinton Lord Admiral Thomas Lord Sands William Lord Vaux of Heredoun William Lord Gray of Wilton and Henry Earl of Cumberland all whose Proxies are entred in such
order as they be here set down in the aforesaid Journal Book to have been returned on Saturday the 4th day of February The Proxies also of Edward Earl of Derby John Earl of Oxford Henry Lord Strange Thomas Viscount Howard of Bindon and Henry Lord Morley by which the said Earl of Bedford was Constituted their sole or joynt Proctor are entred in the same order they are Transcribed in the before mentioned Original Journal Book to have been returned on Saturday the 18th day of March ensuing And lastly the said Earl of Bedford was Constituted the joynt Proctor with Edward Lord Clinton Lord Admiral of Oliver Lord St. John of Bletto whose Letters Procuratory are entred to have been returned on Tuesday the 4th day of April ensuing Edward Lord Clinton Lord Admiral was Constituted the sole Proctor of William Lord Burgh Edward Lord Windsor and William Lord Euers whose Proxies are entred at the beginning of the Original Journal Book of this Parliament to have been returned on this Monday the 23th day of this January He was also Constituted the joynt Proctor of William Lord Grey of Wilton whose Proxie is entred as aforesaid to have been returned on Saturday the 4th day of February ensuing the Proxie also of Francis Earl of Huntington is entred as before to have been returned on Saturday the 18th day of March following by which he Constituted the said Lord Clinton his joynt Proctor with Henry Lord Hastings And for the Proxie of John Lord Darcie of Darcie entred there as before to have been returned on this day likewise he is Constituted his sole Proctor And lastly the said Lord Clinton Lord Admiral was Constituted the sole or joynt Proctor of William Lord Willoughby of Parham Edward Lord Hastings of Louthbury and of Oliver Lord St. John of Blestoe whose Proxies are entred to have been returned on Tuesday the 4th day of April ensuing By these three foregoing Presidents it doth plainly appear as also from all other Presidents of former and latter times that any Member of the Upper House by the ancient usage and Custom of the same is capable of as many Proxies as shall be directed unto him although there were an Order made in the said House to the contrary upon the day of Anno Regis Caroli An. Dom. 1626. That no Lord cr Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said order was occasioned in respect that George Duke of Bucks both the favorite of the King deceased and of King Charles now Reigning this present year 1630 did to strengthen himself by voices not only procure divers persons to be made Members of that House but also ingrossed to himself near upon 20. several Proxies And now if this doubt or conceipt should arise in any mans mind that therefore the Lords have a greater Priviledge than the Members of the House of Commons because they can appoint others to serve in and supply their places in their absence which the Commons cannot they are much deceived and mistaken for it is plain that the chief end of a Proxie is that the Upper House may have all its Members either in person or by representation and therefore the Lords Spiritual and Temporal who are Summoned thither in their own right have anciently had and still do retain the liberty of Constituting their Procurators whereas every Member of the House of Commons appeareth and doth serve in the right of that County City Burrough and Port for which he is Elected and Chosen which being a Trust and Confidence reposed in them can be no more transferred from him to a third person than can the Proxie of the Lords be from him to whom it is directed if he shall be absent likewise and therefore if any Knight Citizen Burgess or Baron after he is Elected and returned shall before the meeting of the House be disabled by Sickness Attainder or other Cause from serving in the same then presently order is given from the House to the Clerk of the Crown for the sending thither a second Writ for a new Election so that the said House may not remain without any Member that appertains unto it And this I conceive Tantamount unto a Proxie which cannot be granted but when the absence of the Lord that sends it is perpetual during that whole Parliament or Session for which he Constitutes one or more Proctors for if he repair to the Upper House any time after and serve in Person his Proxie is presently void On Wednesday the 25th day of Ian. the Parliament was held according to the last Prorogation thereof on Monday the 23th day of this instant Ianuary foregoing and therefore this day is to be reckoned the first day of the Parliament and it was the error of Seimour Esq at this time Clerk of the House of Commons that in the Original Journal Book of the same House fol. 186. a. he accounteth and setteth down the Parliament to have begun on the aforesaid 23th day of Ianuary when it was only prorogued by which he would make that to be the first day thereof True it is that Anciently if the Parliament had been Prorogued on that day to which the Summons thereof had referred in the beginning of it they were so far from accounting that day the first of the ensuing Parliaments that new Writs of Summons were thereupon sent forth and a new day appointed for the beginning thereof as appears in the Parliament Rolls Anno 23. Edw. 1. die 20. Novemb. An. 60. Edw. 1. die 11. Decembris A. 33. Edw. 1. die 13. Julij A. 11. Edw. 2. die 3. Martij But yet it hath been the constant usage most Anciently and doth doubtless hold at this day also that if the King do come in Person to the Parliament on that day to which the Writs of Summons do refer and there cause it to be referred to another day in his own presence then shall that day be accounted the first day of the Parliament of which there are many Presidents also in the Parliament Rolls still remaining in the Tower of London prout in A. 6. Edw. 3. Octobris Sti ' Hillarij A. 14. Edw. 3. tempore Quadragessimi A. 15. Edw. 3. Quindena Paschae and of divers other Parliaments in his time and in the time of King R. 2. his Successor And thus also the last day of the Parliament or of any particular Session is counted to be that on which the Royal assent is given to one or more Acts of Parliament yet if that Parliament or Sessions be adjourned to another day on which the Sovereign doth again come in Person and cause it to be dissolved or further Prorogued then that latter day is to be accounted the last day thereof of which there is one only President during all the Reign of Queen Eliz ' viz. in the Original Journal Book A. 18. Dictae Reginae on Thursday the 15th day of March. The
Majesties coming to the Upper House The manner of calling the Names of the Knights Citizens and Burgesses in former times did much differ from that which is used at this day as appears by the Parliament Rolls in the Tower for in an 7 R. 2. the Knights and Burgesses were called by name in presence of the King which shews they staid without till then And in an 2 H. 4. an 4 H. 4. they were called by name in the Chancery at Westminster-Hall before the Chancellor and the Steward of the Kings House And in an 13 H. 4. the said Knights and Burgesses were called at the Door of the Painted Chamber in presence of the Steward of the Kings House as the manner is Only one President differs from all the latter which is found in the Original Journal-Book of the Upper House de Anno 33 H. 8. where the Duke of Suffolk Lord Steward commanded the Clerk of the Parliament to read the Names of the Commons unto which every one answered they being all in the Upper House below the Bar and then the King came But at this day they are called by their names by the Clerk of the Crown in presence of the Lord Steward in the Court of Requests and now since the first Year of Queen Eliz. and from the fifth the Knights Citizens and Burgesses of the House of Commons as hath been before observed do take the Oath of Supremacy and since the seventh of King James they take the Oath of Allegiance also which the Lord Steward administers to some and appoints certain of them his Deputies to give the same unto the rest 7 Jac. cap. 6. These passages touching the Antient and Modern calling of the Knights Citizens and Burgesses of the House of Commons being not at all touched in the Original Journal-Book of the same House but supplied from other Authority now follows the residue of this days passages out of the foresaid Journal-Book with some Additions Upon the already named 25 th day of January her Majesty came to the Parliament Chamber commonly called the Upper House and being there set and attended by Sir Nicholas Bacon Lord Keeper and divers Lords Spiritual and Temporal in their Parliament Robes the House of Commons had notice thereof and repaired thither And being as many as conveniently could let in and silence made the Lord Keeper of the Great Seal after an Excellent Oration by him made containing the urgent causes for the Calling of this Parliament declared the Queens pleasure to be that the Commons should repair to their accustomed place and there to chuse their Speaker Whereupon the Knights Citizens and Burgesses departing to their own House did there take their several places and most remaining silent or speaking very submissively M r Treasurer of the Queens House standing up uncovered did first put the House in remembrance of the Lord Keepers late Speech and of his Declaration of her Majesties pleasure that they should chuse a Speaker and therefore in humble Obedience to her Majesties said pleasure seeing others remain silent he thought it his Duty to take that occasion to commend to their Choice Sir Thomas Gargrave Knight one of the Honourable Council in the North Parts a worthy Member of the House and Learned in the Laws of this Realm By which Commendations of his of the aforesaid worthy Member of the House to their Consideration he said he did not intend to debar any other there present from uttering their free opinions and nominating any other whom they thought to be more fitting and therefore desired them to make known their opinions who thereupon did with one consent and voice allow and approve of M r Treasurers nomination and Elected the said Sir Thomas Gargrave to be the Prolocutor or Speaker of the said House The said Sir Thomas Gargrave being thus Elected Speaker after a good pause made stood up uncovered and having in all humility disabled himself as being unfurnisht with that Experience and other qualities which were required for the undertaking and undergoing of so great a Charge did conclude with an humble Request to the House to proceed to the New Election of some other more able and worthy Member amongst them But the House still calling upon him to take his place of M r Speaker the before-mentioned M r Treasurer and M r Comptroller of her Majesties Houshold as may very well be gathered did rise from their places and going unto the said Sir Thomas Gargrave unto the place where he sate did each of them take him one by the right Arm and the other by the left and led him to the Chair at the upper end of the House of Commons and there placed him where having sate a while covered he arose and so standing bare-headed he returned his humble Thanks unto the whole House for their good opinion of him promising his best and uttermost endeavour for the faithful discharge of that weighty place to which they had Elected him And soon after M r Treasurer and M r Comptroller repaired to the Queen to know her Highnesses pleasure when M r Speaker should be presented to her Majesty for Confirmation of this Election and soon after they returned shewing her pleasure was that to be done on Saturday next at one of the Clock in the Afternoon Here it shall not be amiss to add somewhat touching the Election of the Speaker which because I find it ready penn'd to my hand in that elaborate MS. Intituled Modus tenendi Parliamentum apud Anglos Written by my kind Friend Henry Elsinge Esq Clerk of the Upper House this present Year 1630. Libr. 1. cap. 7. § 1. 2. Therefore I shall without any great alteration here add it in the next place and first touching the Antiquity of the Speaker it is most likely that he began to be when the House of Commons first sate For it may clearly be gathered ex Lib. Sancti Albani fol. 207. in Bibliotheca Cottoniana that in the Parliament de an 44 H. 3. The House of Commons had then a Speaker For there Pope Alexander labouring to have Adomar the Elect Bishop of Winchester recalled from banishment the Answer of the Parliament was as followeth viz. Si Dominus Rex Regni majores hoc vellent communitas tamen ipsius ingressum in Angliam jam nullatenus sustineret Which is Signed and Sealed by all the Lords and by Petrus de Mountefortivice communitatis which shews plainly that he was thire Speaker for the very same words did Sir John Tiptofte their Speaker Sign and Seal to the Entaile of the Crown Parl. an 7 8 H. 4. But it is true that the first Speaker who is directly named in Record was in the Parliament Rolls in the Tower de an 51 E. 3. N. 87. The last day of the Parliament saith the Records Sir Thomas Hungerford Knight Speaker declared to the Lords that he had moved the King to Pardon all such as were unjustly Convicted in the Last Parliament And that
Constituted the sole and joint Proxy of eight several Temporal Lords who with six others as is aforesaid were absent this Session of Parliament from which as also from other Presidents of former and later times it may easily be gathered that any Member of the Upper House by the antient usage and custom of the same is capable of as many Proxies as shall be directed unto him although there was an Order made in the said House to the contrary A. D. 1626. That no Lord or Member whatsoever of the Upper House should for the time to come be capable of above two Proxies at the most which said Order was occasioned in respect that George Duke of Buckingham Favorite of the King Deceased and of King Charles being guilty of many Crimes did to strengthen himself by Voices not only procure divers persons to be made Members of that House but also engrossed to himself near upon twenty several Proxies Vide one other Extraordinary Proxy on Saturday the 9 th day of November and another on Sunday December the first following This Forenoon also these twenty Lords under written were appointed to repair in the Afternoon to the Queens Majesty viz. The Archbishop of York The Earl of Northumberland The Earl of Westmoreland The Earl of Shrewsbury The Earl of Worcester The Earl of Sussex The Earl of Huntingdon The Earl of Warwick Viscount Bindon Viscount Mountague The Bishop of London The Bishop of Durham The Bishop of Winchester The Lord Cobham The Lord Rich. The Lord Wentworth The Lord Pagett The Lord Sheffeild The Lord Hastings of Loughborough The Lord Hunsdon The business about which these Lords repaired to the Queen is not in the Original Journal-Book it self of the Upper House but it may be guested it was concerning those two great businesses of the Queens Marriage and the Declaration of the next Heir and Successor after the Queens Decease to the Crown which business bred so much distast afterwards between her Majesty and her Subjects in this Session so that as afterwards the Lords did Petition the Queen about it so now it should seem these Lords repaired unto her either to desire leave to prefer that Petition and that they might confer with the House of Commons about it or else to know of her Majesty a fitting time when they might repair unto her with their said Petition and so receive Answer unto it But what the Queen replied at this time is hard to be conjectured only it followeth at large that on Tuesday the 5 th day of November the Members of both Houses for that end appointed repaired to her Majesty in the Afternoon but whether they then offered up their Petitions unto her Majesty or whether the House of Commons did at this Session of Parliament prefer any Petition at all concerning those two great matters aforesaid is hard to be determined No mention is made in the Original Journal-Book of continuing the Parliament which seemeth to have happened by the Clerks negligence On Wednesday the 23 th day of October the Bill to repeal a branch of a Statute made Anno 23 Hen. 8. touching the prices of Barrels and Kilderkins was read primâ vice An Act declaring the manner of making and Consecrating of the Archbishops and Bishops of the Realm to be good lawful and perfect was brought from the House of Commons Dominus Thesaurarius continuavit praesens Parliamentum usque in diem Jovis prox On Thursday the 24 th day of October the Archbishop of York the Lord Treasurer the Duke of Norfolk and divers other Lords both Spiritual and Temporal did Assemble in the Parliament-Chamber where nothing was done but only the continuance of the Parliament until Friday next at ten of the Clock On Friday the 25 th day of October the Lord Treasurer signified to all the Lords that the Queens Highness considering the decay of his Memory and Hearing being Griefs accompanying Hoary Hairs and Old Age and understanding the Lord Keepers slow amendment intended to supply both their said defects by Sir Robert Catlin Knight Chief Justice of the Kings Bench and shewed forth her Majesties Commission under the Great Seal of England which the Clerk by Commandment openly read in haec verba ELizabeth by the Grace of God Queen of England France and Ireland Defender of the Faith c. To our Trusty and well Beloved Sir Robert Catlin Knight Chief Justice of the Pleas to be holden before us Greeting Where our right trusty and well-beloved Councellor Sir Nicholas Bacon Knight Lord Keeper of our Great Seal of England is at this present sore visited with sickness that he is not able to travel to the Upper House of this our present Parliament holden at Westminster nor there to supply the room and place in the said Upper House amongst the Lords Spiritual and Temporal there Assembled as to the Office of the Lord Chancellor or Lord Keeper of the Great Seal of England hath been accustomed We minding the same place and room to be supplied in all things as appertaineth have named and appointed you from day to day and time to time hereafter during our pleasure to use and occupy the place and room of the said Lord Keeper in our said Upper House of Parliament amongst the said Lords Spiritual and Temporal there Assembled and there to do and execute in all things from day to day and time to time as the said Lord Keeper of the Great Seal of England should and might do if he were there present using and supplying the same place Wherefore we will and Command you the said Sir Robert Catlin to attend unto and about the Executing of the premisses with effect And these our Letters Patents shall be your sufficient Warrant and discharge for the same in every behalf In Witness whereof we have caused these our Letters to be made Patents Witness our Self at Westminster the 25 th day of October in the Eighth Year of Our Reign Martin The Bill to repeal a branch of a Statute made in the 23 th Year of Henry 8. touching prices of Barrels and Kilderkins was read tertiâ vice and by common consent of all the Lords concluded Dominus Capitalis Justiciarius continuavit praesens Parliamentum usque in diem Sabbati proximum On Saturday the 26 th day of October the Bill declaring the manner of making and Consecrating of the Archbishops and Bishops of this Realm to be good lawful and perfect was read primâ vice Memorandum The Lords after deliberate Consultation and advice taken how to proceed in the great matters of Succession and Marriage before moved by the House of Commons did this present day send Serjeant Carus and M r Attorney down unto them to signifie that they would a chosen number should be sent up unto them for their knowledge to be had of the same Vide concerning this business on Wednesday the 30 th day of October now next ensuing as also on Tuesday the 5 th day of November following Dominus
the 17 th day of March following The last Bill of the said six being for a Bank of general Charity to be appointed for the relief of common necessity was put to the Question upon the first reading and rejected Quod nota because it is not usual for a Bill to be put to the Question upon the first reading Upon the report of Sir James Croft Comptroller of her Majesties Houshold and M r William Howard of the great disorder of Serving-men and Boys in hurting and misusing of other Persons and of whom M r Comptroller and M r Howard did see and take two of the said disordered persons It was Ordered that the Serjeant of the House should wait upon M r Comptroller to know the same two Persons and to bring them to this House to Morrow sitting the Court. The Bill lastly for the true Answering of Tithes was read the second time and thereupon committed unto Sir Richard Greenfield Sir John Peter Sir William Harbert M r Dale one of the Masters of the Requests and the Bill was delivered to the said M r Dale who with the rest was appointed to meet on Monday the 8 th day of this instant December following at two of the Clock in the Afternoon in the Middle-Temple Hall On Friday the 4 th day of December Three Bills of no great moment had each of them one reading of which the third being the Bill against partial Juries and Trials was upon the second reading committed unto M r Recorder of London M r Tanfield M r Cromwell and others and the Bill was delivered to M r Attorney of the Court of Wards one of the said Committees who with the rest was appointed to meet upon Monday the 7 th day of this instant December following at two of the Clock in the Afternoon in the Inner-Temple Hall The Bill for the maintenance of Navigation and another Bill concerning Cloth at Boated in Essex having passed the House upon the third reading were sent up to the Lords by M r Treasurer of her Majesties Houshold M r Vice-Chamberlain and others The Bill for the better and more reverend observation of the Sabbath day was read the second time and Ordered to be ingrossed De qua Vide plus on Wednesday the 17 th day of March following Upon a Motion made this day unto the House by M r Speaker that M r Marmaduke Wivell one of the Burgesses for the Borough of Richmond in the County of York is lately faln very sick and not able to give his attendance on this House till he shall have recovered better health and therefore desireth in the mean time Licence of this House to go a little into the Country to take change of Air for a short time for the seeking of his better health and strength it was gramed and agreed by this House that he may do so with the good favour and leave of this House accordingly Upon another Motion also made by M r Speaker for M r Edward Leigh Esquire one of the Knights returned into this present Parliament for the County of Stafford and since that time chosen to be Sheriff of the said County of Stafford It was likewise Ordered by this House that the said Edward Leigh may with the good leave of this House have liberty to absent himself in and about his necessary charge and service in the said Office of Sheriffwick Nota That hence it may be probably gathered that neither her Majesty nor the House of Commons did conceive these two places to be incompetible but that they might well stand and be in one and the same Man at one and the same time for her Majesty did first make him Sheriff of the County of Stafford not only after he was chosen but returned a Knight of the same County also which it is very plain she could not be ignorant of and therefore her self and the House of Commons did both allow of his being made Sheriff as a thing well agreeing with the priviledge of his former place and the service of that House and did not therefore give him a sinal discharge but only liberty of recess about his necessary affairs into the Country as in the foregoing case of sickness which being expedited he might return again to that service For doubtless if the said House had conceived that he had been utterly disabled from his serving there by his new Office it would have been Ordered That a Warrant should have been sent to the Clerk of the Crown to have sent down a new Writ into the said County of Stafford for a new Election to have been made as in the case of double Returns death or the like is used Besides if her Majesty might have disabled as many Members from serving in that House as she should or could have made Sheriffs it had lain in her power and may lye in the power of any King or Queen of this Realm for the time being to have disfurnished the House of Commons at any time of all or the greater part of the ablest Members thereof Against this Opinion the words of the very Writ by Authority whereof the Knights Citizens Burgesses and Barons of the House of Commons are elected hath been and may be still objected viz. Nolumus antem quòd tu nec aliquis alius Vicecomes dicti Regni nostri aliqualiter sit electus c. which words were not in the Writ during the Reign of King Henry the Third E. 1. E. 2. and the beginning of the Reign of King Edward the Third but crept in afterwards by virtue of an Ordinance of Parliament upon some special occasion to that end made which is entred in Rotulo Parliamenti de Anno 46 E. 3. num 13. And therefore the constant practice in many Parliaments since to the contrary may well be admitted and followed as the greater and more swaying Authority which also appeareth in the aforesaid Precedent the said M r Leigh being allowed to maintain and retain both the said places and to serve in them without all manner of dispute or question Vide plus concerning this business on Tuesday the 23. day of February following On Saturday the 5 th day of December two Bills of no great moment had each of them one reading of which the last being the Bill against the delay of Justice was upon the second reading committed unto M r Vicechamberlain M r Chancellor of the Exchequer M r Sandes M r Sollicitor and others who were appointed to meet on Monday the 7 th day of this instant December following in the Afternoon in the Exchequer-Chamber or Star-Chamber The Bill also for the better and more reverent observing of the Sabbath day was read the third time and upon the question passed the House Vide touching this Bill on Wednesday the 17 th day of March following The Lords also sent back to the House of Commons the Bill touching Boxted Clothes with some amendments and additions which had been carried up yesterday to their
that the Return of the Writ ought to have been returnned into the Court of Parliament but whether the Return be to be made into the Upper House or Lower House I know not For in many Cases we have divided Jurisdictions and the Upper House hath Jurisdiction by it self therefore if a Nobleman hath a Servant that were arrested they might make their Writ of Priviledge returnable before themselves and give him Priviledge And here in this House if one that is a Member of this House and have sate here be arrested sedente Parliamento we are to give him Priviledge But if he be taken before his coming hither it is not in our power to deliver him but we must have the assistance of other Courts in such Causes The use is such in other Causes If the Action be a Mahime whether this be a Mahime or no the Court will not judge until those that have Science in those things affirm it to be so And so when a matter Ecclesiastical or Grammatical is in question the opinion of Civilians or Grammarians is known before the Judgment is given So in this Court we ought to desire Instructions from the Judges of the Realm whether in this Cause by the Law we can grant priviledge or no. For Priviledge there be two Writs issuing out of this House the one is a general Corpus cum Causa and this is granted upon apparent cause of Priviledge as if a Member of the House be taken sedente Parliamento The other Writ is called a Writ of Parliament this is granted when the Cause is to be judged by the Parliament But whether Priviledge be to be granted to this party or no it is not apparent And in the Cause the Lord Keeper is not to be Judge But here the whole Record is to remain and we with the advice and opinion of the Judges are to consult if the party be to have priviledge Therefore seeing the Court hath Coercion in it self let us with the advice of the Judges proceed as we have power For if we give away our Coercion we give away our Jurisdiction M r Serjeant Harris said the Record remaining in Chancery this House is sufficiently possessed of it even as in Case of all the Returns of Knights and Burgesses M r Francis Bacon said The Return is well for the Return is an ensuing of the Writ that must be made under Seal As for taking the assistance of the Judges it is a good course for though we sit here to make Laws yet until the new Law is made the old Law is of force and our Conference with them gives away no resolution from us but taketh advice only from them M r Finch said in my opinion the Return should have been into this House For a Writ of Error sued here the Writ used to be returned hither as it appeareth in 3 E. 3. and 17 Edw. 3. and 1 H. 7. It would seem by Trewinnards Case 38 H. 8. that a Writ of priviledge is never returned but the party appearing the Court proceedeth M r Speaker desired to know of the House if for their better Information they would give him leave to speak which the House willingly granted Whereupon he said For the discharge of my own duty and informing of your Judgments who I know will judge wisely and justly I will deliver unto you what I have learned and what I have observed for ever since the lodging of this Parliament I have thought upon and searched after this Question not particularly for this Cause but this point the priviledge of the House for I judged it would come in question for many occasions The Question is drawn to two Heads the one about the Writ the other about the Return First Whether the Writ might have gone out of this House I will tell you plainly my opinion I beseech you let me not be ill thought of if I be rude in what I say for it is my fault I cannot speak so mildly as some but my manner is that which I speak I speak sharply and somewhat roundly but always with this tacite Condition submitting my self to any better reason that shall be shown me Though any Court of Record hath this Jurisdiction to make out Processes yet this Court cannot Why this may seem strange that every Court in Westminster every Court that hath Causes of Plea every Lords Leet and every Court Baron hath his power that they may make out Process yet this Court being the highest of all Courts cannot how can this be The nature of this House must be considered for this Court is not a Court alone and yet there are some things wherein this Court is a Court by it self and other things wherein it is no Court of it self To know then how we are one House and how we can be divided Houses this would give great light to the Question At the first we were all one House and sat together by a precedent which I have of a Parliament holden before the Conquest by Edward the Son of Etheldred For there were Parliaments before the Conquest This appeareth in a Book which a grave Member of this House delivered unto me which is Intituled Modus tenendi Parliamentum out of that Book I learn this and if any man desire to see it I will shew it him And this Book declareth how we all sat together but the Commons sitting in presence of the King and amongst the Nobles disliked it and found fault that they had not free liberty to speak And upon this reason that they might speak more freely being out of the Royal sight of the King and not amongst the great Lords so far their betters the House was divided and came to sit asunder A bold and worthy Knight at the time when this was sought the King desiring a reason of this their request and why they would remove themselves from their Betters Answered shortly That his Majesty and the Nobles being every one a great person represented but themselves but his Commons though they were but inferiour men yet every one of them represented a thousand of men And this Answer was well allowed of But now though we be divided in Seat be we therefore divided Houses No for if any Writ of Error be brought as you shall see a notable Case in 22 E. 3. this Writ must be returned in Parliament that is to the whole House and chiefly then to the Upper House for we are but a limb of the House Now where a Record is removed upon a Writ of Error given to another Court the manner is that the chief of that Court bring the Writ in his hand to the House But humbly sheweth unto the House that the Record being remitted out of the Court no Execution can go forth though the Judgment be affirmed The Court of Parliament thereupon maketh Transcript of the whole Record and returns the Record again to the Court but if the Judgment be reversed then the Record it self is
the Lord Keeper to tell us that she hoped we would not hereafter meddle in Cases of this nature so nearly touching her Prerogative Royal. Mr. Martin spake to this effect I agree with one that said Learning should have her Reward but I say more that our Souls should have their Spiritual Food And I do wish that Divines may have promotion not only with good convenience but also with good abundance Though I be Zealous yet I hope to refrain and restrain my self from that heat which the heat of my Zeal and love of my Country drew me into very lately for which I do not only acknowledge my self guilty in your Censures but also crave Pardon of every particular Member of this House that heard me but most especially of him I offended But touching this Bill Mr. Speaker and so he spake to the Bill c. After this Speech an old Doctor of the Civil Law spake but because he was too long and spake too low the House hawk'd and spat and kept a great coil to make him make an end Which Speech finished Sir Francis Hastings stood up and said My Masters I utterly dislike this strange kind of course in the House it is the antient usage that every man here should speak his Conscience and that both freely and with attention yea though he speak never so absurdly I beseech you therefore that this may be amended and this troubling of any man in his Speech no more used But to the matter Mr. Speaker I protest that which I shall speak I will utter to you all out of the Conscience of a Christian Loyalty of a Subject and heart of an Englishman I know that Distributio Parochiarum est ex jure humano non Divino But he that said so much give me leave to tell him that Distributio verbi Divini est ex jure Divino humano If then by the distributing and severing of Benefices to divers learned men the Word may be the better distributed unto the people and preached as God be thanked it hath been these forty three years under her Majesties happy Government the point of whose dayes I beseech the Almighty may be prolonged I see no reason Mr. Speaker why we should doubt of the goodness of this Bill or make any question of the committing thereof c. Mr. Roger Owen after particular Answers to divers particular Objections by Doctors shewed that a Statute was but privatio communis Juris And this Act will make no Innovation because it repeals only the Proviso and not the Body Whereas it was said by a Doctor that Honos alit artes and much more to that purpose And if you take away the honour and reward then you take away the Study it self For Answer thereunto Mr. Speaker I say under favour that this Statute takes away no Benefices from the Clergy but doth only better order the distribution of Benefices among the Clergy For another Doctor that alledged a Canon confirmed under the Great Seal of England I say under favour that they of the Clergy and not we of the Laity are bound thereby for they are as it were By-Laws to them but not to us Then the Speaker stood up and put it to the question for the Commitment Whereupon it was Ordered by the more Voices that it should be Committed But the Committees Names being omitted in the private Journal they are supplied out of the Original Journal-Book it self and were as followeth viz. All the Queens Privy Council and all the Learned Councel being Members of this House Sir Walter Raleigh Sir Francis Hastings Sir Carew Reignolds Mr. Francis Bacon and divers others who were appointed to meet upon Friday next in the Exchequer Chamber at two of the Clock in the Afternoon Mr. Speaker did lastly this Forenoon move the House to resolve whether they would sit to Morrow or no it being the day of her Majesties most Blessed and Hereditary Succession to the Crown of England To which after a little Speech had It was agreed by the House that after the Sermon was done at Westminster which would be ended by ten of the Clock they would sit the residue of the Forenoon And this was affirmed to be the antient Custom On Tuesday the 17 th day of November Three Bills of no great moment had each of them one reading of which the first being the Bill for the enabling of Edward Nevill of Berling in the County of Kent and Sir Henry Nevill Knight his Son and Heir Apparent to dispose of certain Copy-hold Lands c. was read the first time And the third being the Bill against unlawful Hunting of Deer or Conies in the Night time was read the second time and upon the question of ingrossing was rejected Heyward Townsend of Lincolns-Inn Esq delivered in a Bill to Mr. Speaker Intituled An Act to prevent Perjury and Subornation of Perjury and unnecessary expences in Suits of Law Upon the delivery whereof he said Mr. Speaker I take every man bound in Conscience to remove a little mischief from the Common-Wealth before it take Head and grow to a great inconvenience This mischief is ordinary and general and therefore though but small to be considered and provided for And if a Heathen Philosopher could admonish us obstare principiis I see no reason but men indued with Christianity should be sensible of the least hurt or sore growing in his Country either regardless or respectless For which purpose a Gentleman well experienced having found this grief common to the poorer sort like a good Subject tendring all the parts of this Common-Wealth engaged me at my coming into the House this Morning to offer unto all your considerations this Bill which it may please you to entertain with that willingness it is offered I doubt not but this inonvenience will quickly be redressed And thereupon the Bill according to the desire of the said Mr. Townsend had its first reading The Bill for Confirmation of Letters Patents made by King Edward the Sixth unto Sir Edward Seymour Knight was upon the second reading committed unto the Queens Learned Councel Members of this House the Masters of Request Sir Robert Wroth Sir Maurice Barkley and others who were appointed to meet in the Committee Chamber of this House upon Friday Morning next The Bill for the strengthening of the Grant made for the maintenance and Government of the House of the Poor called S t Bartholomews Hospital of the Foundation of King Henry the Eighth was read the second time and committed unto all the Queens Learned Councel being Members of this House Mr. Doctor Caesar Sir Edward Hobbie Sir Robert Wroth Mr. Dr. Bennet and others who were appointed to meet upon Saturday next at Lincolns-Inn Hall at two of the Clock in the Afternoon The remainder of this days Passages follows out of the private Journal An Act to suppress the Sin of Adultery was read the first time The substance whereof was that if a Woman or Man or both were
was Prorogued on Saturday the 10 th day of April then next following together with the Solemn and Royal manner of her Majesties passing to the House of Lords on either of the said Days are for the most part transcribed out of several Anonymous Memorials thereof I had in my Custody being doubtless the very Original Draughts or Autographs set down by some observant Member of one of the Houses or by some other person then present in the Upper House for it was written in a hand of that time and much interlined The Parliament was Summoned to begin at Westminster on Monday the 11 th day of Jan. An. 5 Regin Eliz. An. D. 1562. upon which day Sir Nicholas Bacon Knight Lord Keeper of the Great Seal of England with divers other Lords repaired to the Parliament Chamber commonly called the UpperHouse and then and there in presence of the Lords Spiritual and Temporal and of the Knights Citizens and Burgesses Summoned to the same Parliament the Lord Keeper declared that the Queens Majesty by reason of the evil disposition of her Health could not be present this 11 th day of January and that she hath therefore been pleased to Prorogue the same until to Morrow being the 12 th day of the same And to this purpose a Writ Patent under the Great Seal of England whereby the said Parliament was Prorogued unto the 12. day of this Instant Jan. was read publickly by the Clerk of the Upper House in these words following Elizabeth Dei gratia Angliae Franciae Hiberniae Regina fidei desensor c. praedilectis sidelibus nostris Praelatis Magnatióus Proceribus Regni nostri Angliae dilectis sidelibus nostris Militibus Civibus Burgen dicti Regni nostri ad Parliamentum nostrum apud Civitatem nostram Westmonasterii undecimo die instantis mensis Jan. inchoand tenend convocatis electis vestrum cuilibet salutem Cum nos pro quibusdam arduis urgentibus negotiis nos statum defensionem dicti Regni nostri Angliae Ecclesiae Anglicanae concernent dictum Parliamentum nostrum ad diem locum praedict teneri ordinaverimus Ac vobis per separalia Brevia nostra apud Civitatem die praedict interesse mandaverimus ad tract and. consentiend concludend super hiis quae in dicto Parliamento nostro tune ibidem proponcrentur tractarentur Quibusdam tamen certis de causis considerationibus nos ad tempus specialiter movent dictum Parliamentum nostrum usque duodecimum diem hujus instantis Mensis Jan. duximus prorogand it a quod nec vos nec aliquis vestrum ad dictum undecimum diem Jan. apud Civitatem praedictam comparere teneamini seu arctemini volumus enim vos quemlibet vestrum inde erga nos penitus exonerari Mandantes tenore praesentium firmiter injungendo praecipientes vohis cuilibet vestrum ac omnibus aliis quibus in hac parte intererit quod ad dictum duodecimum dicm Januarii apud praedictam Civitatem Westmonasterii personaliter compareatis intersitis quilibet vestrum compareat intersit ad tractand faciend agend concludend super hiis quae in dicto Parliamento nostro de communi concilio dicti Regni nostri favente Deo contigerint ordinari Teste me ipsâ apud Westmonasterium nono die Januarii anno Regni nostri quinto This day although the Parliament began not nor any Peers sate in the Upper House but the Lord Keeper and some others of either House met only in the Parliament Chamber to Prorogue the Parliament unto the 12. day of this Instant Month as aforesaid were divers Proxies returned from many of the Lords both Spiritual and Temporal who in their absence did constitute others to give their Voices for them Nota That the Duke of Norfolk was Constituted the sole or joint Proctor of four several Peers and Francis Earl of Bedford was nominated the sole or joint Proctor of seven several Lords whereof one was Thomas Archbishop of York and another of them was William Bishop of Exeter By which it doth appear not only that a Spiritual Lord did Constitute a Temporal which at this day is altogether forborn as also for a Temporal Lord to Constitute a Spiritual which was but rarely used during this Queens Reign but likewise that any Peer of the Upper House by the ancient and undoubted usages and Custom of the same is capable of as many Proxies as shall be sent unto him On Tuesday the 12. day of January the Parliament held according to the Prorogation on yesterday foregoing and about eleven of the Clock in the Forenoon the Queens Majesty took her Horse at the Hall Door and proceeded in manner as followeth First All Gentlemen two and two then Esquires Knights and Bannerets and Lords being no Barons or under Age. Then the Trumpeters sounding Then the Queens Serjeant M r Carus in his Circot-Hood and Mantle unlined of Scarlet Then M r Gerrard the Queens Attorney and M r Russell Sollicitor Then Anthony Browne Justice of the Common Pleas and M r Weston of the Kings Bench. Then the Barons of the Exchequer Then M r Corbett and M r Whidon two Justiees of the Kings Bench. Then Sir Thomas Saunders Chief Baron of the Exchequer and Sir James Dyer Chief Justice of the Common-Pleas Then Sir William Cordall Master of the Rolls in his Gown and Sir Robert Catlin Chief Justice of the Kings Bench and these Justices and Barons of the Exchequer in their Scarlet Mantles Hood and Circot edged with Miniver the Mantle shorter than the Circot by a foot Then Knights Counsellors in their Gowns as Sir Anthony Cooke Sir Richard Sackvile Sir William Peeters and Sir Ambrose Cane Then Sir William Cecill Chief Secretary and Sir Edward Rogers Comptroller Then William Howard bearing the Queens Cloak and Hat Then Barons in all forty but there in number 30. a. St. John of Bletso Hunsdon Hastings of Loughborough Chandois North Effingham but now as the Lord Chamberlain Darcy of Chicke Paget Sheffield Willoughby Rich Wharton Evers Cromwell St. John Mordaunt Borough Wentworth Windsor Vaux Sands Mountegle Darcy of Menell Ogle Mountjoy Lumley Latimer Scroope Grey of Wilton Stafford Cobham Dacres of the North Dacres of the South Morley Barkley Strange Zouch Audeley Clinton but now Lord Admiral and Bargaveny their Mantles Hoods and Circot furr'd and two Rows of Miniver on their right Shoulder Then proceeded the Bishops all that were there present were but twenty two as Glocester and St. Asaph Chester Carlisle and Peterborough Norwich and Exeter Lichfield and Coventry Bath and Wells Rochester and St. Davids Salisbury and Lincoln Bangor and Worcester Ely and Hereford Landaffe Chichester and Winchester Durham and London their Robes of Scarlet lined and a Hood down their back of Miniver Then the Viscounts their Robes as the Barons but that they had two Rows and an half of Miniver as the Viscount of Bindon absent Viscount
notwithstanding all the disbursements of these her great Charges yet she was as I right well know very hardly brought to and perswaded to call this Parliament in which she should be driven to require any aid or by any means to charge her Subjects if by any other means it might have been holpen and so her Majesty her self Commanded to be declared And I for my part and so do others very well know for the Commons little think or consider what a trouble want is to her whereby she is forced to ask of them which surely is against her nature but that she is thereunto forced for the surety of this Realm And for that the nether House cannot being so many together but of necessity must have one to be a Mouth Aider or Instructer unto them for the opening of matters which is called the Speaker Therefore go and Assemble your selves together and Elect one a discreet wise and learned Man to be your Speaker and on Friday next the Queens Majesty appointeth to repair hither again for to receive the Presentment of him accordingly The manner of her Majesties coming to the Upper House with the Lord Keepers Speech being supplied out of that written Copy or Anonymous Memorial I had by me as aforesaid now follow the Names of the Receivers and Tryors of Petitions out of the Original Journal-Book it self of the Upper House Then the Clerk of the Parliament read in French the Names of such as should receive hear and try the Petitions for England France Scotland Ireland Gascoigne and Guyen c. which were as followeth Receivers of Petitions for England Ireland Wales and Scotland viz. Sir Robert Catlin Chief Justice of the Kings Bench Sir William Cordall Master of the Rolls Sir Anthony Browne Knight Sir Richard Read Knight and Doctor Huicke And such as will prefer any Petitions are to deliver them in six days next ensuing Receivers of Petitions for Gascoigne and other parts beyond the Seas and the Isles viz. Sir James Dyer Knight Chief Justice of the Common-Pleas Sir Edward Saunders Knight Chief Baron Justice Weston M r John Vaughan and Doctor Yale And such as will prefer any Petitions are to deliver the same within six days next ensuing Triors of Petitions for England Ireland Wales and Scotland viz. The Archbishop of Canterbury Lord Marquess of Winchester Treasurer of England the Duke of Norfolk Earl Marshal of England the Earl of Arundel the Earl of Rutland the Earl of Bedford the Earl of Pembroke the Bishop of London the Bishop of Durham the Bishop of Salisbury the Lord Clinton Admiral of England the Lord Rich all these together or four of the Prelates and Lords calling to them the Keeper of the Great Seal and the Treasurer and the Queens Serjeant when need shall require shall hold their places in the Chamberlains Chamber Triors of Petitions for Gascoigne and other Countries and parts beyond the Sea viz. The Archbishop of York the Marquess of Northampton the Earl of Shrewsbury the Earl of Huntingdon the Bishop of Winchester the Bishop of Worcester the Bishop of Oxon the Lord Howard the Lord Chamberlain the Lord Abergaveny the Lord Wentworth the Lord Willoughby and the Lord North all they together or four of the Prelates and Lords aforesaid calling to them the Queens Serjeant Attorney and Sollicitor when need shall require shall hold their place in the Treasurers Chamber These Names of the Receivers and Tryors of Petitions foregoing being thus transcribed out of the Original Journal-Book of the Upper House there should follow out of the same the Adjournment or Continuance of the Parliament by the Queens Majesty or the Lord Keeper by her Commandment but the same being wholly omitted through the negligence of Francis Spilman Clerk of the same it is in part supplied out of that before-mentioned memorial Copy of this present days passages following Then the Lord Keeper Adjourned the Parliament till Friday next and then the Queen returned to her Chamber and shifted her and so did all the Lords and then waited on her to the Water side where she took her Boat and departed to Whiteball from whence she came and they till Friday at their pleasures upon which ensuing Friday her Majesty came again to the Upper House but the manner and form thereof being wholly omitted in the Original Journal-Book of the Upper House and only found in the foresaid Anonymous Memorials I had by me is therefore inserted out of the same in manner and form following On Friday the 15 th day of Jan. 1562. the Queens Majesty at her Privy-Stairs took Boat and went by Water to the Parliament-House about two of the Clock the Lords and Heralds waiting on her to the Landing place on the back side of the Parliament and so brought her to her Privy-Chamber where she shifted her and put on her Robes and the Lords theirs as the first day and then she repaired to her Seat and the Lords to theirs with their Serjeants and Gentlemen-Ushers before her the Lord Marquess of Northampton bearing the Cap of Estate the Duke of Norsolk the Rod of the Marshalsie and the Earl of Northumberland the Sword the Lord Robert Dudley Master of the Horse and the Baron of Hunsdon sustained her Mantle from her Arms And her Train was born by the Lord Chamberlain Vice-Chamberlain and M r Ashley Master of the Jewel-House and the Lord Keeper standing at the back of the Rail on the right and the Lord Treasurer on the left And because this is the first Session of the Second Parliament of her Majesty I thought it worth the labour to cause the presence of her Majesty and the Lords spiritual and Temporal to be inserted directly according unto the Copy thereof in the Original Journal-Book of the Upper-House Die Veneris 15 to Januar. Domini tam Spirituales quam Temporales quorum nomina subsequuntur praesentes fuerunt Pr. Regina Pr. Archiepiscopus Cantuar. Pr. Archiepiscopus Eboracen Pr. Episcopus London Pr. Episcopus Dunelmen Pr. Episcopus Winton Pr. Episcopus Cicestren Episcopus Landaph Pr. Episcopus Hereford Pr. Episcopus Elien Pr. Episcopus Wigorn. Pr. Episcopus Bangoren Pr. Episcopus Lincoln Pr. Episcopus Sarum Pr. Episcopus Meneven Pr. Episcopus Rofsen Pr. Episcopus Bathon Wellen. Pr. Episcopus Coven Lichfeild Pr. Episcopus Exon. Pr. Episcopus Norwicen Pr. Episcopus Petriburgen Episcopus Carliolen Pr. Episcopus Cestren Pr. Episcopus Assaven Pr. Episcopus Gloucestren Nota That this is the very express manner and form by which the presence of her Majesty the Lord Keeper and the Lords Spiritual and Temporal is set down and marked out upon this present Friday being the first day of this her Highnesses Second Session of her Parliament and at the beginning of every Lords name that was present are the Letters Pr. prefixed by which it appeareth and may certainly be concluded that all they before whose names those Letters are not set down and entred were then absent which hath been the constant course
with great care and charge to your Self And thus my Lords diversly bound as your Majesty hath heard are now to open to your Highness their humble Petitions and Suits consisting in two points chiefly which not sundrily or the one without the other but both jointly they desire your Highness to assent to The Former is that it would please your Majesty to dispose your self to Marry where it shall please you with whom it shall please you and as soon as it shall please you The second that some such limitation might be made how the Imperial Crown of this Realm should remain if God call your Highness without Heirs of your Body which our Lord defend so as these Lords and Nobles and other your Subjects then living might sufficiently understand to whom they should owe their Allegiance and Duty due to be done by Subjects and that they might by your Majesties Licence and with your Favour treat and confer together this Parliament time for the well-doing of this The former of these two which is your Marriage they do in their hearts most earnestly wish and pray as a thing that must needs breed and bring great and singular comfort to your Self and unspeakable joy and gladness to all true English Hearts But the second carrieth with it such necessity that without it they cannot see how the safety of your Royal Person the preservation of your Imperial Crown and Realm shall be or can be sufficiently and certainly provided for Most Gracious and Soveraign Lady The Lamentable and pitiful Estate and Condition wherein all your Nobles and Councellors of late were when it pleas'd God to lay his heavy hand upon you and the amazedness that most men of understanding were by the Fruit of that Sickness brought into is one cause of this their Petition The second the aptness and opportunity of the time by reason of this Parliament whereby both such advice consideration and consent as is requisite in so great and weighty a cause may be better heard and used than at any other time when no Parliament is The third for that the assenting and performing of these Petitions cannot as they think but breed great terror to our Enemies and therefore must of necessity bring great surety to your Person and especially by addition of such Laws as may be joined with this limitation for the certain and sure observing of it and preserving of your Majesty against all practices and chances The fourth Cause for that the like as it is supposed hath been done by divers of your Noble Progenitors both of old time and of late days and also by other Princes your Neighbours of the greatest Estate in Europe and for that Experience hath taught that good hath come of it The fifth for that it appeareth by Histories how that in times past persons Inheritable to Crowns being Votaries and Religious to avoid such dangers as might have hapned for want of Succession to Kingdoms have left their Vows and Monasteries and taken themselves to Marriage as Constantia a Nun Heir to the Kingdom of Sicily Married after fifty Years of Age to Henry the Sixth Emperour of that name and had Issue Frederick the Second And likewise Peter of Aragon being a Monk Married the better to establish and pacify that Kingdom Again Antonius Pius is as much commended for that not two days before his Death he said to his Council Laeto animo morior quoniam filium vobis relinquo Pyrrhus is of all Godly men detested for saying he would leave his Realm to him that had the sharpest Sword What but want of a Successor known made an end of so great an Empire as Alexander the Great did leave at his Death The sixth cause is for that my Lords do judge the performing of this will breed such an universal gladness in the Hearts of all your true and loving Subjects that likely and probably you shall find them in all Commandments ready and glad to adventure their Goods Lands and Lives in your Service according to their bounden Duties which of necessity must breed great surety also to your Majesty The seventh cause because the not doing of this if God should call your Highness without Heir of your Body which God grant never be seen if it be his Will and yet your Majesty right well knoweth that Princes and their Off-spring be they never so great never so strong never so like to live be yet Mortal and subject every day yea every hour to Gods Call my Lords think this happening and no limitation made cannot by their Judgments but be the occasion of every evident and great danger and peril to all Estates and sorts of men of this Realm by the Factions Seditions and Intestine War that will grow through want of understanding to whom they should yield Allegiance and Duty whereby much innocent blood is like to be shed and many of those to lose their Lives that now would gladly bestow them for your sake in your Majesties Service The eighth for that the not performing of this the other happening doth leave the Realm without Government which is the greatest danger than can happen to any Kingdom For every Prince is anima Legis and so reputed in Law and therefore upon the Death of Princes the Law dyeth all the Offices of Justice whereby the Laws are to be Executed do cease all Writs and Commandments to call parties to the Execution of Justice do hang in suspence all Commissions for the Peace and for the punishment of Offendors do determine and lose their force whereby it followeth consequently that Strength and Will must Rule and neither Law nor Reason during such a Vacation and inter-Reign wherein such an incertainty ofSuccession is like to last so long as it is to be feared if Gods mercy be not the greater that thereby we may become a prey to Strangers which our Lord defend or at least lose the great honour and estimation that long time hath pertained to us And like as most Gracious Soveraign my Lords have been moved for the Worldly respect aforesaid to make these their humble Petitions to your Majesty so by the Examples Counsels yea and Commandments that they have heard out of the sacred Scriptures and for Conscience sake they feel themselves constrained and enforced to do the like God your Highness knoweth by the course of the Scriptures hath declared Succession and having of Children to be one of the principal Benedictions in this Life and on the contrary he hath pronounced contrary wise and therefore Abraham pray'd to God for Issue fearing that Eliazar his Steward should have been his Heir and had promise that Kings should proceed of his Body Hannah the Mother of Samuel pray'd to God with tears for Issue And Elizabeth whose name your Majesty beareth Mother to John the Baptist was joyful when God had blessed her with Fruit accounting her self thereby to be delivered from reproach And as this is a blessing in private Houses so is it much
viz. with the Bill ninety five and against it sixty five The Bill lastly requiring the Impost to be taken away was read the first time On Monday the 2 d day of December Two Bills had each of them their second reading of which the first being the Bill for Confirmation of Letters Patents of Merchant Adventurers at Bristol was Ordered to be ingrossed And the second for the pulling up of Weares and Piles was as it should seem committed to M r Vice-Chamberlain and others Six Bills were sent up to the Lords by M r Vice-Chamberlain and others of which one was the Bill for the Free-School of Southwark and another for the Jointure of the Lady Cobham The Bill touching Fines and Recoveries was read the second time and as it should seem was committed to the Master of the Rolls and others The Bill for making of Allom and Copperas by Letters Patents by Cornelius de Vos and by him assigned to the Lord Mountjoy was read the third time and a Proviso thereunto annexed was read the first second and third time On Tuesday the 3 d day of December Three Bills of no great moment had each of them one reading of which the third being the Bill for the Office of Town-Clerk of the City of York was read the second time and Ordered to be ingrossed Three Bills also had each of them their second reading of which the first being the Bill touching the Statute made for Apparel was as it should seem committed to M r Vice-Chamberlain and others And the second for buying of Woolls in the North parts was committed unto M r Gargrave the like reference see on Thursday the 28 th day of November foregoing And the third being the Bill for carrying over Sea of Rams Sheep or Lambs to be Felony was as it seemeth committed to M r Wilson and others John Grey Esq did this day promise before the whole House that he and his should keep the Peace against Edward Jones and the said Jones promised immediately to withdraw his Action Vide concerning this matter on Friday the 15 th day Saturday the 16 th day and on Saturday the 23 th day of November foregoing Two Bills also had each of them one reading of which the first being the Bill for making of Steel and Plates for Armour within the Realm was read the second time and Ordered to be ingrossed It was sinally this day Ordered that the House should be called on Monday next On Wednesday the 4 th of December Two Bills of no great moment had each of them one reading of which the first being the Bill for punishment of Vagabonds and Loyterers was read the first time Three Bills also had each of them their third reading and passed upon the Question of which the second was the Bill for Merchant Adventurers of Bristoll and the third for the Drapers Cottoners and Frizers of Shrewsbury The Bill lastly to take away Sanctuary for Debt was read the third time and upon the Question and division of the House dashed with the difference of seventeen Voices viz. with the Bill sixty and against it seventy seven On Thursday the 5 th day of December Two Bills of no great moment had each of them one reading of which the second being the Bill for the Town-Clerk of York was read the third time and Ordered to be ingrossed Four Bills were sent up to the Lords by M r Vice-Chamberlain of which one was the Bill for the Drapers Cottoners and Frizers of Shrewsbury and another for Merchant Adventurers of Bristoll The Bill with a little Book Printed in the Year 1562. which was the fourth or fifth Year of her Majesties Reign for the sound Christian Religion was read the first time Vide May the 17 th Thursday an 13 Eliz. in the House of Commons Journal On Friday the 6 th day of December Eight Bills of no great moment had each of them one reading of which the third being the Bill for the punishment of Offenders in Swearing Drunkenness c. was read the second time and as it should seem committed to M r Vice-Chamberlain and others And divers Bills touching Religion of which see fully on Thursday May the 17 th in an 13 Eliz. in the Journal of the House of Commons On Saturday the 7 th day of December Three Bills of no great moment had each of them one reading of which the third being the Bill for the finishing of the Port of Hartlond in Devon was read the second time and Ordered to be ingrossed The Bill confirming the Corporation of the Kings Heralds at Arms and the Bill for the Embroiderers of London were each of them read the second time and committed as it should seem to M r Vice-Chamberlain and others Walter Strickland Esq Knight for the County of Cumberland being diseased with the Gout was Licensed to be absent On Monday the 9 th day of December Three Bills had each of them one reading of which the second being the Bill to avoid fraudulent Gifts and also Order for Bankrupts was read the second time and as it should seem committed unto M r Seckford and the third for Explanation of the Act of 37 Hen. 8. touching Colledges and Free-Chappels for Leases with a Proviso for Judgments given was read the third time and passed upon the question On Tuesday the 10 th day of December Two Bills had each of them one reading of which the Bill with a little Book Printed an 1562. for the sound Christian Religion was read the second time and Ordered to be ingrossed Vide May the 17 th Thursday in An. 13 Regin Eliz. sequen in the Commons House Journal M r Serjeant Carus and M r Attorney brought from the Lords two Bills one for the Stature of Horses and another for Allom and Copperas The Preamble of the Bill of Subsidy after long Arguments was read the first and second time On Wednesday the 11 th day of December Four Bills of no great moment had each of them one reading of which the first being the Bill for pulling up of Piles Weares and Fish-Gates The second for Records to be kept in Wales And the third touching Goal-Delivery in the Counties of Wales and touching Sheriffs and Justices of the Peace were each of them read the second time and Ordered to be ingrossed The Proviso and Amendments of the Bill for Informers was sent from the Lords and read the first time and as it should seem committed to M r Seckford to consider of it On Thursday the 12 th day of December Nine Bills had each of them one reading of which the seventh being the Bill that John Stafford born beyond the Seas may be a free Denizen and another for the making of Steel in England were each of them read the third time and passed upon the Question and were with two others sent up to the Lords by M r Vice-Chamberlain M r Serjeant Carus brought from the Lords the Subsidy for the Clergy whereupon the Bill for one
at and if offences were then her Majesties Clemency and Mercy the more to be commended Misericordia ejus super omnia opera ejus Besides like as it hath pleased God ten years and more by the Ministry of our said Soveraign to bless this Realm with those two inestimable benefits of Peace and Clemency so there is no cause but the same might by Gods Grace have continued twenty Years longer without intermission had not the Raging Romanist Rebels entertained the matter And here it is to be noted that this Merciful and Peaceful Reign of ten Years and more hath hapned in the time of Christs Religion now established I cannot think that any man can follow me in this in the time of the Romish Religion since the Conquest Nay a man might affirm that this is an Example for times to come without any like in times past comparing Singula singulis what should I say these be the true Fruits of true Religion I could further remember you of the Fruits of Justice the benefit of restoring your Money to Finess yea I could put you in mind but I think it needs not it happened so late of a Subsidy granted whereof the Queens Majesty of her own bountifulness remitted the one half was the like here in England ever seen or heard of But being out of doubt that these benefits already remembred be sufficient of themselves to move you to be thankful to your Power I leave any longer to detain you in this point And albeit a Subject cannot yield any benefit to his Soveraign in the same nature that he receiveth it because every benefit is more than Duty and more than Duty a Subject cannot yield to his Soveraign Yet can it not be denied but a Subjects acknowledging of benefits received joined with good will to yield as far as Liberty will reach doth sufficiently satisfie for the Subject for ultra posse non est esse To your best actions therefore address ye And thus much concerning benefits Now to the second part concerning urging by Necessity true it is that the extraordinary matters of Charge happened since the last Assembly here urging to have by necessity a relief granted amongst many others be these First The great Charge in suppressing the late Northern Rebellion with Charges also in reforming those the Queens Majesties Enemies in Scotland that assisted the Rebels and made Rodes into England The continual growing Expences by reason of Ireland as in subduing the Rebels within that Realm and withstanding the Scots Northward and other Foreign Forces intending Invasion Southward To these three Charges by Land you may add a fourth by Sea as the preparation and setting forth of Ships partly for the defence against all Foreign Forces suspected and intended partly for the safe conducting of the Wares and Merchandizes in greater strength and longer cut than heretofore hath been used These and such like extraordinary Charges whereof there be sundry with the remains of old Charges not possible to be born by the ordinary Revenue and yet of necessity to be expended do greatly exceed any extraordinary aid therefore commonly granted Again the great decay of the Queens Majesties Customs by reason of stay and alteration of Traffick albeit upon just occasion hath bred no small want for although in time it is not to be doubted but that will grow again to his old course and continue with great Surety Yet in the mean time this want must some way be supplied for you know the Horse must be provided for whilst the Grass is in growing At the least let us do so much for our selves as we do for our Horses For our selves it is that are to be relieved in this Case This I must needs say that if the Queens Majesty did use in matters of Expence to do as commonly Princes heretofore have used to do then with the more difficulty might such extraordinary aid be assented unto and yet of necessity to be had to withstand a greater necessity It hath been used in times past that Princes pleasures and delights have been commonly followed in matters of Charge as things of necessity And now because God be praised the relieving of the Realms necessity is become the Princes Pleasure and Delight a noble Conversion God continue it and make us as we ought to be earnestly thankful for it A Princely Example shewed by a Soveraign for Subjects to follow To descend in some particulars What need I to remember unto you how the gorgeous sumptuous superfluous Buildings of time past be for the Realms good by her Majesty in this time turned into necessary Buildings and upholdings The chargeable glittering glorious Triumphs into delectable Pastimes and Shows Embassadors of Charge into such as be void of excess and yet honourable and comely These and such like are dangerous dams able to dry up the flowing Fountains of any Treasure and yet these imperfections have been commonly Princes Peculiars especially young One free from these was accounted Rara avis c. and yet God be thanked a Phoenix a Blessed Bird of this kind God hath blessed us with I think it may be affirmed and that truly that there hath not been any matter of great Charge taken in hand by her Majesty in this happy Reign of twelve Years and more that hath not been thought before convenient to be done for the Weal and profit of the Realm so far her Highness is from spending of Treasure in vain matters and therefore the rather how can a man make any difficulty to contribute according to his Power specially in maintaining of his Sovereign his Country his Self his Wife and Children and what not having so long a proof by experience of such an imployment Here I would put you in mind of extraordinary Charges to come which in reason seems evident but so I should be over tedious unto you and frustra sit per plura quod sieri potest per pauciora And therefore here I make an end doubting that I have tarried you longer than I promised or meant or perchance needed your wisdoms and good inclinations considered But you know things are to be done both in form and matter And my trust is that if I had stayed I may be warranted by either or by both that you will take it in good part Thus far out of the Copy of this foregoing Speech As soon as the Lord Keepers Speech was ended then the Clerk of the Upper House read the names of Receivers and Tryers of Petitions in French whose names are transcribed out of the Original Journal-Book of the Upper House and were as followeth Sir Robert Catlin Knight Chief Justice of the Kings Bench Sir William Cordell Knight Master of the Rolls Sir John Widden Knight one of the Justices of Sir Richard Read Knight and D r Huick who were Receivers of Petitions for England Ireland Wales and Scotland Receivers of Petitions for Gascoigne and the parts beyond the Seas and the Isles Sir James Dyer Knight
her Majesty is of another Religion than is published and that it is the sole doing of the Councellors whereby the Doctrine in sort as it is is thus published and not hers He also added that his wish was that no man might be attainted of these words except the Speech or Publication might be testified by two Witnesses For the Additions he said assuredly they might not be severed from the first Bill not only as they are matters material depending on the first but stretching so far to the maintenance of the first that without them the first may seem to be nothing For said he there can be no remedy provided except the cause of the grief be known and the same cause removed wherein the Rebels of the North gave clear Experiment for doubtless when they pretended Reformation of Religion they thought to rend up the ground and to subvert the stay thereof which was her Majesties Person and by them he wished us to learn at last and to wax wiser He said the Court of Chancery will straitly Decree for saving and quiet keeping of a quiet possession often looking to ordering things before past and shall not the Court of Parliament do the like for the Title of the Crown And the ancient Laws of the Realm he said do 〈◊〉 the same as long before the 35 H. 8. the Stat. 5 E. 3. in such like Cases hath ordained that the Heir for the Fathers offence shall be punished consule locum citatum M r Mounson said it were horrible to say that the Parliament hath not Authority to determine of the Crown for then would ensue not only the annihilating of the Statute 35 H. 8. but that the Statute made in the first year of her Majesties Reign of Recognition should also be laid void a matter containing a greater consequent than is convenient to be uttered M r Heneage moved the House to this effect that either the Bill for Addition should be severed or both to be referred to the Queens Learned Councel to consider of the conveniency thereof and then by them to be exhibited c. but of his Opinion he yielded no further reason M r Long a young Gentleman would have proved the word have and a regard of the time past not to be amiss for that at the time of the offence the malice of the Offendor was as great as it is at this present M r Fleetwood endeavoured to prove the overcharging of the Bill with larger words than were convenient and more Provisoes than were to the purpose to have been the overthrow of that which was truly meant wherein the cunning Adversary when he knoweth not how to subvert directly will by this means easily and subtilly insert more pretending a face of more forwardness than the rest when indeed his heart is bent to the hindrance of the whole For proof and experience hereof he remembred the cunning Prelats in Henry the Fourths time and afterwards in Edward the Fourths time when King Edward required the suppressing of all such Abbies as King H. 6. had Erected To hinder this contrary to the Kings meaning some would needs add the Colledges in Cambridge which by him were also Founded to which when by no means the House could be induced as well the intent of the first as of the last was subverted The like he remembred also of the second year of H. 7. in matter of Treason which all men would have yielded unto the Counterfeit Friend heaped in to give the King free Liberty of Restitution to whom he would of all both goods and possessions whereof the inconveniency being seen stay was made of the whole So that what men may not do directly with face of further Friendship they do covertly He concluded therefore it were well and most safe to make two Bills and to be referred to the Queens Learned Councel as M r Heneage had well divided M r Serjeant Manwood first Answering the meaning of the words bodily hurt said it must be intended when violence or force is done or offered to the Body and not otherwise nor elsewhere And whether the words of slander should be Treason he thought that there was great reason they should be for quoth he who so shall affirm her Highness to be an Heretick doth doubtless wish her the pains of an Heretick viz. to be burnt c. He further would have to be added to these words of the Bill That who so shall imagine go about claim c. thus much more that whosoever shall affirm himself to have Title c. to be a Traytor He was of further Opinion that it should be no clogging to the Bill to have matter of the same nature added being also provided for the same purpose as good consequent and necessarily concurring with the effect of the Bill And for the Authority of the Parliament he said it could not in reasonable construction be otherwise for who so should deny that Authority doth deny the Queen to be Queen and the Realm to be a Realm After which M r Alford and M r Dalton spake severally to the said Bill touching certain offences to be made Treasons Whose Speeches containing no new matter at all in them more than hath been formerly spoken are omitted in that often before-cited Anonymous Journal out of which all these foregoing Speeches are transcribed After all which the business was at length drawn to this Head to be referred to a Committee whose names being there likewise omitted are therefore all of them supplied out of the Original Journal-Book of the House of Commons it self in manner and form following All the Privy-Council being Members of this House Sir Christopher Heyden Sir Henry Nevill Sir Nicholas Arnold M r Serjeant Manwood M r Serjeant Jeoffry M r Heneage M r Stoaks M r John Vaughan M r Bell M r Mounson M r Popham M r Norton M r Dalton M r Fleetwood M r Telverton M r Goodier M r Alford and M r Long were appointed to meet to Morrow at two of the Clock in the Afternoon in the Star-Chamber M r Doctor Lewes and M r Doctor Huick brought from the Lords a Bill touching the untrue demeanors of Tellors Receivers Treasurers and Collectors On Friday the 13 th day of April Five Bills had each of them one reading of which the last being the Bill for suppressing of Simony in Presentations to Benefices was read the first time to which because M r Snagg spoke upon the first reading being a thing not altogether usual his Speech is therefore transcribed out of that often before-cited Anonymous Journal M r Thomas Snagge treated hereupon viz. after the reading of the said Bill of Simony saying that the cause of the slanders which the Papists have against the Church of England in that they say Coblers Taylors Tinkers Millers c. are of the Ministry groweth thereby that the Livings are detained by the Patrons from the Spiritual in their own hands to their own private uses whereas the first
to be used to the Glory of God and Ministry of his Word The second part to be holden for defence against our Enemies by the Sword The third for maintenance of our livelihood at home and for necessary imployments here Of these three grounds in the first division there groweth to our knowledge three sorts of men the Ministers and Teachers of the Gospel of whom we must have care and with whom in making of Laws we must conferr if we will be Christians The second are the Nobility Knights and Souldiers the Defenders and Fortresses against our Enemies The third sort be the Providers Devisors and Executors of all things necessary commodious or seemly for a setled Estate which hath the happiness to live there where is Pax Justitia for increase of our Wealths sustenance of our Laws the governing of bodies or what else soever is necessary for us such are the Counsellors such are the Judges and Ministers of the Laws such be the Tillers of the Earth such be Merchants such be Victuallers and in this degree be those who do use Manual and Mechanical Arts. Of all these in like sort as of the others regard care and respect must be had they throughly consulted with the general and particular States are by them to be known if we mean to proceed for the Publick Weal or endeavour in the same a true perfection These last sort making one kind are most ample and thereto most effectual to be dealt with as yielding to the rest supplementum consilium auxilium The second sort is likewise most necessary to be thought of The first are best and first to be followed but those are all to be in one knot conjoyned and as members of one body in one to be used We may in regard of Religion lye in the Dike as the Proverb is long enough without our own aid if we do nothing but pray for the help of Hercules We may not trust only to the Sword lest the common known Saying of Cicero should turn to our shame Parva sunt soris arma nisi Consilium Domi. Neither our Preaching nor our praying to God are only sufficient but withal we must do our endeavours and help each other since for the driving away of a Dog there is as the Country-man saith some virtue in a stone if it be conjoyned with S t John's Gospel I mean that every part of the body should do his own part to the aid of the other the hand to help the hand the foot to help the foot c. This hath moved our Forefathers and on this ground hath it grown that in this Court where we are to consider of all and as occasion may serve to alter constitute or reform all things as cause shall be that we do know all sorts of men so far as may be to help all How may her Majesty or how may this Court know the estate of her Frontiers or who shall make Report of the Ports or how every Quarter Shire or Country is in state We who never have seen Berwick or S t Michael's Mount can but blindly guess of them albeit we look on the Maps that came from thence or see Letters of Instruction sent some one whom Observation Experience and due Consideration of that Country hath taught can more perfectly open what shall in question thereof grow and more effectually reason thereupon than the skilfullest otherwise whatsoever And that they should be the very Inhabiters of the several Countries of this Kingdom who should be here in times certain imployed doubtless it was the true meaning of ancient Kings and our Forefathers who first began and established this Court But leaving what I cannot reach unto the first constitution and freedom of this Court the old President of Parliament-Writs do teach us that of every Country their own Burgesses should be Elected the Writ to the Sheriff and Burrough is directly so and the Writs to the Cities being Counties are Quod ex vobis ipsis eligatis duos Cives c. which do prove it to be so the Statute in the 1 H. 5. for the Confirmation of the old Laws was therefore made and not to create a new unknown Law and that other in the .... H. 6. was made to redress the mischief which by breach of that old Law did grow These do conclude it without contradiction that for that time it was thought fit to continue the ancient Use Liberty and conveniency of Service We know that such as have spent their whole time in Service or have seen only the manner of Government of other Nations and can tell you how the Crown of France is delivered out of Wardship or otherwise tell a Tale of the King of Castile and Portugal how they in making of Laws do use their own discretion the King of Denmark useth the advice of his Nobles only and nothing of his Commons nor can paint you out the monstrous Garments of the common People in some parts of Germany or the mangled Common-Wealth of the Allies or shadows of the great Cities which now are to be seen in Italy surely all those men except they know also our own homes are not to be trusted to conclude for our own Home-Affairs Doubtless the best learned for matters of Commodity to be raised or to be wrought in his own Country may happily give place to his own Neighbours even as wisely and learnedly a Gentleman said of late In every Commitment according to the matter there must be a Declaration of men as for Merchandize the Merchant and so forth Unicuique in suâ arte perito credendum we hold for a Maxime And I mean this wholly to no other end but since we deal universally for all sorts and all places that there be here of all sorts and all Countries and not seeing you list so to term it thus to ease them of Towns and Boroughs that they may chuse at liberty whom they list yet can I hardly call that a Liberty which is contrary to that which the King and the Queen commonly granteth as a free gift and by these words Et de majori gratiâ meâ c. dedimus potestatem c. quod de se ipsis eligant duos Burgenses or duos Cives we take it more for a man to have of his own than to have by any mans discretion of another It hath been of late oft and well said that to nominate another to a Benefice is nothing worth in value but if it be that a man may take the benefit himself that is both valuable and estimable that cannot hurt that is ever good for me if it be ever tied in nearest sort unto me and for this reason we say in Law that the Estate Tail which must continue in our own Blood is better than the Estate in Fee simple which may be got further from us and is to be given to Strangers at pleasure mischiefs and inconveniences there may grow by this Liberty but a
did forbid that his Traiterous Son Absolom should be slain and when he was killed effeminately he bewailed the same to the discouraging of his People but he was sharply rebuked by Ioab his Councellor saying Thou hast shamed this day the faces of thy Servants which have saved thy life and the life of thy Sons c. Thou lovest those that hate thee and thou shewest this day that thou passest not for thy Captains and thy Servants And now I perceive if Absolom had lived and all we had been slain it would have pleased thee well What inconvenience was like to follow unto David by this doing and what other good direction may be taken out of this History well considered for brevities sake we leave to the Consideration of wise Princes and Governours When David was so much moved with these words that he was contented to take another course which turned both to the Comfort of his Subjects and his own benefit the application needeth not If David were moved thus to do to the Comfort of his own Subjects only and the abashing of his own private Rebels how much more have we to desire God to move the Queens Majesty by the Execution of this Lady to glad the hearts of all true Christians in Europe and to abash and damp the minds of all the Enemies of God and Friends of Antichrist Obj. It may be objected that thus to proceed is not Honourable for the Queens Majesty Respons The shadow of Honour as may evidently appear deceived upon like occasion both King Saul in sparing Agag King of Amaleck and King Achab in receiving to his Mercy King Benhadad as it is in the Example in the second Reason mentioned who did pretend great honour in saving a King and thought dishonour in the contrary that one King should kill another but mans Judgment and Gods in such cases are far diverse for indeed Execution of Justice upon any person whatsoever is and ever hath been accounted honourable Ioshua a worthy Prince and Governour put to Death at one time five Kings and that as might appear rudely causing his Souldiers to set their Feet on their Necks and slay them and willed them to be stout and not to fear to do it Ioshua 10. We find also in the Scriptures that in this Zeal of Justice two wicked Queens Iesabel and Athaliah both inferior in mischief to this late Queen have been by Gods Magistrates Executed and the same Execution commended in Scripture Obj. It may be further objected that the Queens Majesty in so doing should exceed the limits and bounds of Mercy and Clemency Resp. Indeed a Prince should be merciful but he should be just also It is said Misericordia veritas custodiunt Regem but in the next Chapter it followeth Qui sequitur justitiam misericordiam inveniet vit am Pro. 20. The Prince in Government must be like unto him who is not only amiable by Mercy but terrible also by Justice and therefore is called Misericors Justus Dominus Mercy oftentimes sheweth it self in the Image of Justice Yea and Justice in Scriptures is by God called Mercy Psal. 136. Who smote Egypt with their first-born for his mercy endureth for ever In that Psalm the smiting of Egypt with terrible Plagues the destruction of Pharaoh the killing of great and mighty Kings are called the merciful works of God as indeed they were but mercy towards the People of God and not towards the Enemies of God and of his People Therefore as the Queens Majesty indeed is merciful so we most humbly desire her that she will open her Mercy towards Gods People and her good Subjects in dispatching those Enemies that seek the confusion of Gods cause amongst us and of this noble Realm It may also be said that to spare one Person being an Enemy a Stranger a professed Member of Antichrist and Convicted of so many hainous Crimes with the evident peril of so many thousands of Bodies and Souls of good and faithful Subjects may justly be termed Crudelis misericordia Petiliano objiciente Deum non delectari humano Sanguine Respondet Legimus multos à famulo Dei Moise Misericorditer interfectos Nunquid crudelis effect us est cùm de monte descendens tot Millia juberet occidi August contra literas Petiliani li. 2. c. 86. Saul Jehosaphat Reges fuerunt populi Dei dum misericordiam iis quos Deus oderat praestiterunt Dei offensam in opere pietatis incurrerunt E contrario Phinehas filiique Levi gratiam Dei humanâ caede suorum parricidio meruerunt Hierom. The same Hierom de Origine animae saith the like Sparing of evil persons is misericors inobedientia S t Augustine also saith Sicuti est misericordia puniens est etiam crudelitas parcens Object But happily it may be that some do discredit these reasons by the persons when they cannot by the matter and will put in her Majesties mind that we in perswading her respect our own danger and fear of peril coming to us and not right and true judgment Yea and that it may appear very unseemly and worthy sharp reproof in a Bishop to excite a Prince to Cruelty and Blood contrary to her merciful inclination Resp. As touching the first branch Surely we see not any great continuance of danger likely to come unto us more than to all good Subjects while this State standeth and the State cannot lightly alter without the certain peril both of our Prince and Country Now if our danger be joined with the danger of our Gracious Soveraign and natural Country we see not how we can be accompted godly Bishops or faithful Subjects if in common peril we should not cry and give warning Or on the other side how they can be thought to have true hearts towards God and towards their Prince and Country that will mislike with us for so doing and seek thereby to discredit us As touching the second branch God forbid that we should be instruments to incense a merciful Prince to Cruelty and Bloodiness neither can we think well of them or judge that they have true meaning hearts that in the Minister of God and Officer do term justice and right punishment by the name ofBloodiness and Cruelty God I trust in time shall open her Majesties Eyes to see and espy their cruel purposes under the Cloak of extolling mercy When the Prince or Magistrate is slack in punishing the sinful and wicked the Bishop and Preacher is bound in Conscience before God to exhort him to more diligent and severe dealing therein lest the Blood both of Prince and People be required at his hands 3. Reg. 20. May the Prophet be accounted cruel to incite Achab to Bloodiness which so sharply rebuked him for his Clemency shewed towards Benhadad May Samuel be justly named cruel because in like case he reproved Saul for sparing the life of King Agag and killed the said Agag with his own hands in the sight of the Prince
countenancing Monsieur with Money at Cambray with sending her Nobility with him into the Low Countries with the actions of Sir Francis Drake with assistance of the Low Countries Of the purpose of the Combined Princes Their shew is to deal with the King of Navarr to extirp him but their drift is to ruinate Religion not only there but to set upon and to work the ruine of it here also Wherein the King of Spain and Guise are now very busie Their malice is the more for executing the Scottish Queen but their hope is the less The King of Spain his designments are to invade England and Ireland His Preparation Three hundred sixty Sail of Spain Eighty Gallies from Venice and Genoua One Galliass with six hundred armed men from the Duke of Florence Twelve thousand men maintained by Italy and the Pope Six thousand by the Spanish Clergy Twelve thousand by his Nobility and Gentlemen of Spain It is reported that ten thousand of these be Horsemen I think it not all true but something there is We must look to the Papists at home and abroad It hath touched us in the blood of the Nobility and the blood of many Subjects They practise to frame Subjects against all duty and bring in Doctrine of lawfulness and merit to kill the Queen and have sent their Instruments abroad to that purpose Two manner of forces are to be handled Assistance to the Low Countries defence by force otherwise That God may assist us in Justice in Right in Defence against those Princes The assistance is acceptable that will be profitable Her Majesty oweth relief there in Honour according to the Leagues especially between us and the House of Burgundy which Leagues differ from Leagues growing between Prince and Prince for they grew between the people and this State We are bound to help them in Honour according to the Leagues Many Marriages and many Secrecies have been long between us and the relieving of the afflictions of that people may not be omitted The heads of their miseries are The Spanish Inquisition by Placard using strange tortures not to be suffered great impositions without and against Law sending some of their people into Spain and there tyrannized over their Noblemen done away taking their Towns and setting Tyrants over them to use them like Dogs The purpose was to bring the Low Countries into a Monarchal seat and then vae nobis The Queens dealing there is warranted by God The Queen is occasioned of necessity for safety of her Dominions and us that that Country may be preserved that the English Commodities may be vented there with readiness with safety and with profit the recovery thereof will be good for this Country and Crown it may not be suffered that a Neighbour should grow too strong he uttered that as though it were not meet another Prince should have it for examples whereof he commended the Princes of Italy and especially the Duke of Florence for using that policy Henry the 7 th for aiding the Duke of Brittany with eight thousand men rather than the King of France after he had found great friendship of them both that the King of France might not grow too strong The King of Spain seeketh to be yet greater for he hath already a Seat in Council amongst the Princes of Germany by reason of Territories his Father got there And if he could he would frame the Low Countries to his desire As to the pretence of Injuries before remembred As to the first going over her Majesty misliked it and punished some of the Captains he named Sir Humfrey Gilbert for one Concerning Monsieur the first time her Majesty drew him from proceeding for the Low Countries The second time she consented that he should only assist the Low Countries which Monsieur afterwards abused contrary to her Majesties meaning Concerning M r Drakes first Voyage her Majesty knew it not and when he came home she seized the whole Mass of Substance brought by him to satisfie the King of Spain if cause so required and thereupon desired Certificate for Invasion into Ireland Concerning M r Drake's last Voyage it was to meet with the restraints and seisures in Spain and their purpose of War was thereupon discovered for there was found by the Master of M r Bonds Ship who took the Corrigedore and others a Commission from the King of Spain whereby he termed us his Rebels as he termed the Low Countries He then remembred another grievance not touched before which was the entertaining of Don Anthony Which he answered to be done in Honorable Courtesie because of his State who was a King anointed and crowned though his seat was not long untroubled and coming hither in honourable and courteous manner though something weakned required the entertainment he had Then he iterated that the great grief is Religion and said that all godly ones are bound to defend it He then said God endue us to fear him and all things shall prosper He said her Majesty protesteth sincere service to God and to leave the Crown in peace c. commended her courage against their malice esteeming it not less than the stoutest Kings in Europe M r Chancellor of the Exchequer after M r Vice-Chamberlain his speeches ended remembred some of the former and inferred and so concluded that the great preparations of War which was fit speedily to be thought of and provided would grow chargeable and therefore thought it fit with expedition that the House should appoint a convenient number of the same to set down Articles for a Subsidy Whereupon are appointed Committees for concluding and drawing of Articles for the Subsidy and other great Causes all the Privy Council being of this House the first Knight for every Shire and others who were appointed to meet in the Exchequer Chamber at two of the Clock in the Afternoon One Bill lastly being for the better payment of Debts and Legacies by Executors and Administrators was read the first time On Thursday the 23 d day of February three Bills of no great moment had each of them one reading of which the first being the Bill against delay of execution in Actions of Debt was read the first time The Committees appointed for Conference touching a Loan or Benevolence to be offered to her Majesty are M r Francis Bacon M r Edward Lewkenor and others On Friday the 24 th day of February four Bills of no great moment had each of them one reading of which the last being a Bill to avoid many dangers touching Records of Fines levyed in the Court of Common Pleas was upon the second reading committed unto M r Recorder of London M r Morrice M r Drew and others and the Bill was delivered to M r Recorder who with the rest was appointed to meet in Serjeants-Inn in Fleetstrect on Saturday next at two of the Clock in the Afternoon Sir Thomas Scot Sir Henry Knyvet M r Thomas Knyvet and M r Topclyffe are appointed by this House to search
three to have spoken striving who might speak first Then the Speaker propounds it as an Order in the House in such a Case for him to ask the parties that would speak On which side they would speak whether with him that spake next before or against him and the party that speaketh against the last speaker is to be heard first And so it was ruled Where it may seem that the Speaker did give admonishment sitting in the House as a Member thereof and not sitting in his Chair as Speaker which he never doth at any Committee although it be of the whole House After which some able Member of the House whose name is not set down spake next and said I could very well agree to the Subsidies if they were not prejudicial to the Subject in other services For Subsidies be in the valuation of every mans Lands and Goods by Records called the Queens Books and according to mens valuation of Subsidies are they at all other charges as to the Wars and in time of Muster with Horse and Armour and this charge maketh men so unwilling to be raised in the Subsidy but if these Subsidies brought in no other charge with them they would be yielded willingly But the tail and appendage of it being so great and higher than the Subsidy it self is the reason that men are so unwilling to yield it Wherefore if a greater Tax or Assessment than heretofore be desired I would wish a Proviso to be added in the Statute That by this Subsidy no man should be raised as to the defray of other charges above the rate they were put to before Sir Francis Godolphin wished the first payment might be at Midsummer for after that time the Receivors had the benefit of the money The next to be at Michaelmas for at that time men would have it in the benefit of their Corn and Commodities And so in four years and a quarter the Subsidy would be paid with more ease M r Lewes agreed to the Subsidies and desired that two things might be granted whereby the Subject should be inriched and the better inabled to pay the Subsidy That is that one liberty may be granted which is transporting of Corn and the other is for somewhat to be restrained viz. bringing in of Wines so abundantly for the vent of our Cloth amounteth not to the sum of our Vintage srugem patrem-familias vendacem non emacem est oportet And thinks it good that the Statutes made heretofore against excess in Apparel might be put in Execution M r George Moore said I am grieved to see it and I speak it with grief how perilous our Estate is and how dangerous a cause we be in We are not sick of one Disease but we labour with a plurality of Diseases To meet therefore with our threefold Diseases we ought like good Physicians to apply a threefold remedy a treble Subsidy And as the Physick is lost which is not taken in time so we must seek to minister the Medicine in good time And our Disease being a Pleurisie it is fit we did so For a skilful Physician though he see in a Pleurisie there is no remedy without letting Blood yet he will then chuse the time of letting Blood when the sign is furthest from the heart Let us let the people Blood and so prevent the danger M r Heyle said If we take care for our Posterity we had best to settle our Posterity which will not be except we prevent dangers now imminent For precedents of Subsidies they are not to be feared because before-time greater were required than ever since were granted Therefore this is no Rule that what we grant now will hereafter be required ..... In the sixth year of King John every one holding by a Knights Fee was bound to find a Knight in the Wars And for this present Law it may be Enacted that this shall be no precedent for Subsidies hereafter like as it was in the fourteenth of Edward the Third Sir Robert Cecill assented to those that had spoken for the Subsidies but to them that had spoken to the contrary he said they speak out of time And to speak to the particular parts as that our Poverty is not to be skinned over but throughly healed that discontentment is to be feared and lastly that precedents for hereafter would be avoided For the first if we be poor yet at this time it is to be considered we are in great danger and of two mischiefs we must chuse the lesser And therefore I would have this question after so much discussing banished the House For Precedents they have never been perpetual but begun and ended with the Causes and as the Causes grew so grew the Precedent In her Majesties time it is not to be feared that this Precedent will ever do us harm for her Majesty will never accept any thing that is given her unwillingly of her Subjects Nay in the Parliament the twenty seventh of her Reign she refused a benevolence offered her because she had no need of it and would not charge her people This being out of fear we have no reason to give prejudice to the best Queen or King that ever came for fear of a worse King than ever was After her Reign I never had so much as one Idea in my Head what would be our Estate then Now to end the matter long debated my desire is that the question might be made for three Subsidies payable in four years This question was made in the House and at the first they gave an I. Thus far out of the aforesaid Anonymous Journal that which follows is out of the Original Journal-Book it self On Thursday the 8 th day of March M r Speaker shewed unto the House that according to the appointment of this House he hath attended the Lord Keeper touching his Lordships pleasure for the directing of a new Writ for the chusing of another Burgess for the Borough of Southwark in the County of Surrey instead of Richard Hutton supposed to have been unduly and undirectly Elected and also for the allowing of Sir George Carew Knight to be Burgess for the Borough of Camelford in the County of Cornwall as truly returned Burgess of the said Borough of Camelford to the Sheriff of the said County in the stead of Richard Leech alledged to have been returned to the said Sheriff by a false Return And also for changing of the name of John Dudley Esq returned a Burgess for the Borough of Newtown in the County of Southampton into the House by the name of Thomas Dudley Esquire alledged to be the same person in very deed that should have been returned and that his name was mistaken and none living known by that name of John Dudley His Lordships Answer and Resolution in the said Cases was that the said Returns of the said Burgesses of Southwark and Camelford should stand and continue according to the Returns of the same without taking notice of any matter of
it is in defence of the Religion of God of our most gracious Soveraign and of our natural Country of our Wives our Children our Liberties Lands Lives and whatsoever we have Wherefore not mistrusting your forwardness that I may not offend in too much enlarging of this point as a poor remembrance of her Majesty I shortly say to your Lordships quod justum est necessarium est nothing can be more just than this War nothing ought to seem more necessary than carefully to provide due maintenance for the same And to you of the House of Commons to the end you may orderly proceed and wisely consult of these weighty Causes delivered unto you her Majesties pleasure is you should according to your accustomed manner go down to the Lower House and there make choice of some grave wise and Learned man among you to be your Speaker who shall be for an understanding sufficient and for discretion fit as your Mouth to signify your minds and to make your Petitions known to her Highness and him on Thursday next to present in this place Nota that this foregoing Speech of the Lord Keeper is not found in the Original Journal-Book of the Upper House but is supplied by me out of a Copy thereof lying by me which I conceive to have been very truely transcribed out of the Original and I have always conceived it most proper to refer this and such like other Speeches if warranted by any good authority to the Journal of the said Upper House because they are delivered in it and only for Order sake to have some short Memorial thereof in the Journal of the House of Commons As soon as the Lord Keeper had ended his Speech and the Knights Citizens and Burgesses were departed down to their own House the Clerk of the Upper House read the Names of the Receivers and Triers of Petitions in French which were as followeth viz. Receivers of Petitions for England Ireland France and Scotland Sir John Popham Lord Chief Justice John Clinch one of the Justices of the Kings Bench Francis Gaudy one of the Justices of the said Bench Dr. Carew and Dr. Stanhop Receivers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir Willam Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the said Common Pleas Dr. Lewen and Dr. Cousins and they who will deliver Petitions to deliver them within six days Tryers of Petitions for England Ireland Wales and Scotland The Arch-Bishop of Canterbury the Marquess of Winchester the Earl of Sussex great Marshal the Earl of Nottingham Lord Steward of the Queens Household and Lord Admiral of England the Bishop of London the Bishop of Winchester the Lord Cobham and the Lord North. All these Lords and Prelats or any four of them calling unto them the Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants shall hold their place when their leisure serveth in the Chamberlains Chamber Tryers of Petitions for Gascoigne and other Lands and Countries beyond the Seas and the Isles The Earl of Oxford Great Chamberlain of England the Earl of Shrewsbury the Earl of Huntington the Bishop of Rochester the Bishop of Worcester the Lord Hunsdon Lord Chamberlain to the Queen the Lord Lumley and the Lord Buckhurst All these Lords and Prelats or any four of them calling unto them the Queens Serjeants and also the Queens Attorney and Sollicitor when their leisure serveth shall hold their place in the Treasurers Chamber The Lord Burgh absent being at this time Lord Deputy of Ireland The Lord De la Ware absent because he made question of his place intending to make Suit to the Parliament concerning the same Dicto 24 o die Octobris viz. Primo die hujus Parliamenti Introductum est breve quo Archiepiscopus Eboracen ' praesenti Parliamento interesse summonebatur admissas est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno 〈◊〉 brevia introduct sunt 4. Comitibus 10. Episcopis 5. Baronibus Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Jovis proximum futurum viz. 27 diem Octobris On Thursday the 27 th day of October the Queens Majesty repaired in the-Afternoon to the Upper House of Parliament accompanied with divers Lords Spiritual and Temporal who attended her Majesty this said day in the House being for the most part the same that are mentioned to have been present there on Monday the 24 th day of this instant October foregoing Of which the Knights Citizens and Burgesses of the House of Commons having notice M r Serjeant Yelverton being chosen Prolocutor or Speaker of the said House was by them brought into the Upper House and by the hands of Sir William Knolles Controller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer presented Who by a Speech full of Gravity and Modesty signifying the accomplishment of the Duty of the House of Commons in making an Election but excusing himself by pretence of many disabilities and imperfections and wishing earnestly he were of sufficiency to perform the Duty of that place made humble Suit to her Majesty that he might be discharged and that the said House of Commons might proceed to a new Election Which excuse was not allowed by her Majesty as the Lord Keeper delivered by Answer but the choice of the said M r Yelverton was by her Majesty very well approved and his sufficiency much commended He then proceeded in another Speech according to the manner to undertake that charge and to present to her Majesty in the behalf of the said House of Commons certain humble Petitions for access unto her Majesty in the behalf of the said House upon needful occasions and for the using and enjoying such Liberties and Priviledges as in former times had been granted and allowed by her Majesties Progenitors and her self Whereunto her Majesty making Answer by the Mouth of the Lord Keeper did yield her Gracious Assent with admonition that the said Liberties and Priviledges should be discreetly and wisely used as was meet Dominus Custos magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem quintum Mensis Octobris On Saturday the 5 th day of November the Bill for the speedy satisfaction of her Majesty against Accomptants was read primâ vice Introductum est breve Thomae Domini Gray de Wilton quo praesenti Parliamento interesse summonebatur admissus est ad suum praeheminentiae sedendi in Parliamento locum salvo jure alieno The Earl of Lincoln's excuse by reason of sickness presented by the Lord Treasurer Thomas Lord de la Ware having petitioned the Queens Majesty for his Ancient and right Place of Precedence in and amongst the Peers in Parliament and her Majesty well allowing his said
brought him even made him one of the greatest Princes in Europe when her Majesties Forces there left him how again he was fain to Ransom a servile Peace at our enemies the Spaniards hands with dishonourable and servile Conditions For the Low-Countries how by her aid from a confused Government and State she brought them to an Unity in Counsel and defended them with such success in her Attempts against the greatest power of the Spaniards Tyrannical designs which have so much gauled him that how many desperate practices have been both devised consented to and set on foot by commandment of the late King his Father I need not shew you neither trouble you with Arguments for proof thereof being confessed by them that should have been Authors themselves But de mortuis nil nisi bonum I would be loth to speak of the dead much more to slander the dead I have seen her Majesty wear at her Girdle the price of her blood I mean Jewels which have been given to her Physicians to have done that unto her which I hope God will ever keep from her but she hath rather worn them in Triumph than for the price which hath not been greatly valuable Then he fell to perswade us because new occasions were offered of consultations to be provident in provision of means for our own defence and safety seeing the King of Spain means to make England miserable by beginning with Ireland neither doth he begin with the Rebels but even with the Territory of the Queen her self He shewed that Treasure must be our means for Treasure is the sinews of War Nota That the substance of this Speech is only here inserted as it was afterwards repeated in the said House upon Tuesday the third day of November which next ensued by Sir Robert Cecill her Majesties principal Secretary who had done it to satisfy divers Members of the same who could not get into the Upper House to hear it this first day of the Parliament as is aforesaid Now follow the Names of the Receivors and Tryors of Petitions out of the Original Journal-Book of the said House As soon as the Lord Keeper had ended his Speech and that such of her Majesties Privy-Council and others of the House of Commons as had privately got in and heard it were departed down to their own House Thomas Smith Esq Clerk of the Upper House read the Names of the Receivors and Triors of Petitions in French which were as followeth Receivors of Petitions for England Ireland Wales and Scotland Sir John Popham Knight Lord Chief Justice Francis Gawdy one of the Justices of the Kings Bench George Kingsmell one of the Justices of the Common Pleas D r Carew and D r Stanhop Receivors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles Sir Edmund Anderson Knight Lord Chief Justice of the Common Pleas Sir William Perriam Knight Lord Chief Baron Thomas Walmesley one of the Justices of the Common Pleas D r Swale and D r Howard They who will deliver Petitions to deliver them within six dayes Triors of Petitions for England Ireland Wales and Scotland The Archbishop of Canterbury the Marquess of Winchester the Earl of Sussex Lord Marshal of England the Earl of Nottingham Lord High Admiral of England and Steward of the Queens House the Earl of Hartford the Bishop of London the Bishop of Durham the Bishop of Winchester the Lord Zouch and the Lord Cobham All these or any four of them calling unto them the Lord Keeper of the Great Seal and the Lord Treasurer and also the Queens Serjeants at their leisure to meet and hold their place at the Chamberlains Chamber Triors of Petitions for Gascoign and other Lands and Countries beyond the Seas and of the Isles The Earl of Oxford High Chamberlain of England the Earl of Northumberland the Earl of Shrewsbury the Earl of Worcester the Earl of Huntington the Bishop of Rochester the Bishop of Lincoln the Lord Hunsdon Chamberlain to the Queen the Lord Le Ware the Lord Lumley and the Lord Burleigh All these or four of them calling unto them the Queens Serjeants and the Queens Attorney and Sollicitor when their leisure did serve them to meet and hold their place in the Treasurers Chamber Then the Lord Keeper continued the Parliament which is set down in the Original Journal-Book in manner and form following Dominus Custos Magni Sigilli ex mandato Dominae Reginae continuavit praesens Parliamentum usque in diem Veneris proximè futurum viz. 30 m diem Octobris Nota That although there be some short mention made of the Presentment of the Speaker of the House of Commons in the Original Journal-Book of the Upper House yet because it is very imperfectly and briefly Entred there I have therefore supplied it somewhat largely out of a private Journal of the House of Commons On Friday the 30 th day of October about one of the Clock in the Afternoon her Majesty came by Water to the Parliament Chamber commonly called the Upper House and being Apparelled in her Royal Robes and placed in her Chair of State divers also of the Lords Spiritual and Temporal being present the Knights Citizens and Burgesses of the House of Commons who had attended at the Door of the said House with John Crooke Esq Recorder of London their Speaker Elect the full space of half an hour were at last as many as conveniently could let in and the said Speaker was led up to the Bar or Rayl at the lower end of the same House by the hands of Sir William Knolles Knight Comptroller of her Majesties Houshold and Sir John Fortescue Chancellor of the Exchequer and presented to her Majesty to whom after he had made three low Reverences he spake in effect as followeth MOST Sacred and Mighty Sovereign Upon your Majesties Commandment your most dutiful and loving Commons the Knights Citizens and Burgesses of the Lower House have chosen me your Majesties most humble Servant being a Member of the same House to be their Speaker but finding the weakness of my self and my ability too weak to undergo so great a burthen I do most humbly beseech your Sacred Majesty to continue your most gracious favour towards me and not to lay this charge so unsupportable upon my unworthy and unable Self And that it would please you to Command your Commons to make a new Election of another more able and more sufficient to discharge the great service to be appointed by your Majesty and your Subjects And I beseech your most excellent Majesty not to interpret my denial herein to proceed from any unwillingness to perform all devoted dutiful service but rather out of your Majesties Clemency and Goodness to interpret the same to proceed from that inward fear and trembling which hath ever possessed me when heretofore with most gracious Audience it hath pleased your Majesty to Licence me to speak before you For I know and must acknowledge that
And that the said Serjeant should also bring Robert Treswell himself at the time and place prefixed Vide concerning this matter on Tuesday the 8 th day of this instant December following Motion was made by the Lord Keeper on the behalf of the Lord Chandois signifying that his Lordship was constrained to repair into the Country for the finding of an Office which did greatly import him in his Estate and therefore desired their Lordships allowance of his absence for some few days whereunto they willingly assented Memorandum That whereas it was formerly Ordered that the Keeper of the Prison of Newgate having in his Custody William Vaughan Servant to the Earl of Shrewsbury upon Execution should bring the person of the said William Vaughan on Wednesday the second day of this instant December before the Lords Spiritual and Temporal into the Upper House of the High Court of Parliament of which Order the said Keeper having taken notice by a Serjeant at Arms did notwithstanding refuse to bring the said Prisoner into the Court and for the said refusal and contempt was the same day by Order of the Court committed to the Prison of the Fleet And Order likewise was given that such Precedents as could be found touching the proceeding of the Court in like case of Arrest in Execution should be produced at the next sitting of the said Court It is therefore upon view and consideration of divers Precedents and Remembrances produced this day and differing from the manner of proceeding Ordered by the said Court that the Lord Keeper shall forthwith make out a Writ of priviledge of Parliament to the Sheriffs of London and Middlesex to have the body of the said Prisoner William Vaughan with the Cause of his Imprisonment before the said High Court at the Upper House to Morrow the 4 th day of this instant December by eight of the Clock in the Morning Vide December 19 th Saturday postea A Copy of the Order last above-specified concerning William Vaughan subscribed by the Clerk of the Parliament was delivered to the Lord Keeper for making out of the Writ On Friday the 4 th day of December the Bill against Drunkards and Common Haunters of Alehouses and Taverns The Bill for levying of Fines with Proclamation of Lands within the City of Chester The Bill for enabling of Edward Nevil of Berling in the County of Kent and Sir Henry Nevil Knight c. And the Bill for Confirmation of Letters Patents made by King Edward the Sixth to Sir Edward Seymour Knight were each of them read secundâ vice But no mention made either of their Commitment or Ingrossing the supposed cause or reason of which omission see more at large on Monday the 23 th day of November foregoing The Bill for the suppressing of the multitude of Alehouses and Tipling Houses was read tertiâ vice and sent to the House of Commons by M r Doctor Carew and M r Coppin Clerk of the Crown Two Bills also had each of them one reading of which the first being the Bill for the assurance of certain Lands for part of a Jointure to Lucy Countess of Bedford was read the second time and committed to the Earl of Worcester and others who were appointed to meet at the Earl of Worcesters Chamber at the Court to Morrow by two of the Clock in the Afternoon And the Bill was delivered to the said Earl of Worcester Whereas Order was taken at the last sitting of the Court of Parliament viz. 3 o die Decembris that a Writ of Priviledge of Parliament should be made out by the Lord Keeper unto the Sheriffs of London and Middlesex for the having of the body of William Vaughan Prisoner in Newgate together with the Cause of his Imprisonment before the said Court this present day the said Writ having been thereupon made out by the Lord Keeper and the same together with the said Prisoner William Vaughan and the Cause of his Imprisonment being returned and brought this day into the Court by the Under-Sheriff of the County of Middlesex and the said Prisoner William Vaughan having there made Declaration of the notorious frauds and practices used by William Crayford and others for the Arresting of the said Vaughan And likewise Crayford having been heard what he could say for himself in that behalf Forasmuch as it appeared unto the Lords that besides the breach of the Priviledge of the said High Court the said Crayford had fraudulently and malitiously taken out and laid upon the said Vaughan divers Writs of Execution and Outlawry of many years past and utterly without the privity and knowledge of most of the parties to whom the said Suits appertained of which parties some were avowed to have been a good while since Deceased It is therefore agreed and Ordered by the general consent of the Court That the said William Vaughan shall be forthwith discharged out of Prison and Execution and the said Sheriff shall be free from any trouble damage or molestation for his said discharge And it is likewise Ordered that for satisfaction of any such Debts as shall be found due to be paid by the said Vaughan upon the Arrest mentioned and recited in the aforesaid return of the Sheriffs Writ the said Vaughan shall enter into sufficient Bond to stand to such Order as shall be set down by certain of the Lords of the Parliament namely the Earl of Worcester the Earl of Pembrook the Lord Bishop of Durham the Lord Bishop of Winchester the Lord Windsor and the Lord S t John to whom by the Court the Ordering thereof is committed And moreover it is Ordered that the said Crayford shall be returned to the Prison of the Fleet and kept Close Prisoner until further direction be given for his Enlargement And that the Keeper of Newgate lately Committed to the Fleet for not bringing the Prisoner into the Court shall be presently discharged Vide concerning this matter on Saturday the 19 th day of this instant December following On Saturday the 5 th of December the Bill for maintenance of the Navy increase of Mariners and avoiding the scarcity of Victuals was read primâ vice Report was made to the House by the Lord Archbishop of Canterbury the first of the Committees in the Bill concerning Musters Souldiers c. whose names see before on Thursday the 12 th day of November foregoing that the said Committees having oftentimes met and confer'd about that Bill did find so many imperfections in the same as it could not conveniently be amended And therefore thought it meet to draw a new Bill instead thereof which he presented to the House The Bill Intituled An Act for the more peaceable Government of the parts of Cumberland Northumberland c. was returned to the House with certain Amendments which Amendments were presently twice read and thereupon the Bill commanded to be ingrossed The Bill concerning Captains Souldiers and others retained in the Queen Services in the Wars was read primâ vice One Bill was
same Table Painted a Tree so lively as possible might be growing as it were out of the Sea There grew a question which was the most curious Workmanship and the deciding of the Controversie was referr'd to a third skilful Painter who gavethis Judgment of the Tree O valde bene sed non hic erat locus So may I say of this Bill It is as hard for this penalty to restrain this Sin as for Religion to spring out of the Common Law and to take effect Aristotle saith a Man may be Bonus Civis but not Bonus Vir And though I abhor the sin yet I deny not but a Sinner may be a good Member Moses when he saw God could but see his back parts only and no Man ever saw more Why these Swearers swear by all his Parts so perfectly as though they had seen him all over Philip King of France made a Law that the Swearer should be drowned Another Law was made that a certain sum should be presently paid as soon as he had Sworn or else the Swearer to lose his Head We use so much Levity in our Law that we had as good make no Law for we give a Penalty and to be taken upon condition before a Justice of Peace Here is wise stuff first mark what a Justice of Peace is and we shall easily find a Gap in our Law A Justice of Peace is a living Creature yet for half a Dozen of Chickens will dispense with a whole dozen of penal Statutes We search and ingross the retail These be the Basket Justices of whom the Tale may be verified of a Justice that I know to whom one of his poor Neighbours coming said Sir I am very highly rated in the Subsidy Book I be seech you to help me To whom he Answered I know thee not Not me Sir quoth the Country man Why your Worship had my Teem and my Oxen such a day and I have ever been at your Worships Service Have you so Sir quoth the Justice I never remember'd I had any such matter no not a Sheeps-Tail So unless you offer Sacrifice to the Idol-Justices of Sheep and Oxen they know you not If a Warrant come from the Lords of the Council to levy a hundred men he will levy two hundred and what with chopping in and chusing out he 'll gain a hundred pounds by the Bargain Nay if he be to send out a Warrant upon a mans request to have any fetcht in upon suspicion of Felony or the like he will write the Warrant himself and you must put two shillings in his Pocket as his Clerks Fee when God knows he keeps but two or three Hindes for his better maintenance Why we have past here five Bills of Swearing going to Church good Ale Drunkenness and ..... this is as good to them as if you had given them a Subsidy and two Fifteenths Only in that point I mislike the Bill for the rest I could wish it good passage Sir Francis Hastings said amongst other Speeches to this Bill That such Justices were well worthy to be lockt up in an Ambery But he wisht that all might not be censured for one evil who though he neglected both the care of Conscience and Country which he should love yet doubtless many did not so as being touched in Conscience to remember that our long Peace should make us careful to please Him in doing of Justice that had preserved us and was the Author of our Peace God himself And thereupon the said Bill was ingrossed as aforesaid Mr. Wiseman moved the House to remember two things one that it had been an Antient Custom in Parliament sometimes to call the House which as yet was not done the other that whereas heretofore Collection had been used for the Poor those which went out of Town would ask leave of the Speaker and pay their money Sir Edward Hobbie said The Gentleman that last spake moved you but I would remove you a little further May it please you It hath been a most laudable Custom that some contribution or Collection should be made amongst us in pios usus And I humbly pray we do not forget our Parliamental Charity Every Knight paid ten shillings every Burgess five shillings part of the whole to the Minister and part to your Servant here and part to the Poor the rest at your disposals The last time our Charity ransom'd a Prisoner for the Father 's good desert The last time Sir Robert Wroth and Mr. Fettiplace were Collectors It rests in you either to appoint them or chuse others Mr. Fettiplace said It is true Mr. Speaker I was Collector the last year there was paid out of the money collected to the Minister ten pound to the Serjeant thirty pound to Sir John Leveson for the redemption of Mr. Fox his Son that made the Book of Martyrs thirty pound There was money given to Prisons that is the two Counters Ludgate and Newgate in London in Southwark two and Westminster one How old the Custom is I know not but how good it is I know For my own particular having once undergone that service already I humbly pray that it would please you to accept another Mr. Tate said Charity proceedeth from Conscience it breeds obedience to God it pleaseth God and so went on and spake for a Town in his Country lately burnt that it would please the House to contribute something to the Poors Loss The Bill for the assurance of the Joynture of Lucie Countess of Bedford was read the third time and passed upon the question The Bill for Denization of certain persons born beyond the Seas as also the Bill for Confirmation of the Grant of King Edward the Sixth to Sir Edward Seymour Knight had each of them one reading and passed upon the question and with three others were sent up to the Lords by M r Comptroller Mr. Secretary Herbert and others Sir Walter Raleigh made Report of the Travel of the Committees in the Bill touching the payment of Debts upon Shop-Books who were appointed on Wednesday the 15 th day of November foregoing and brought in the Bill with some small Amendments and prayed the reading thereof Mr. Tate likewise brought in the Bill from the Committees touching Sir Anthony Mayney Knight with some Amendments and Alterations by the same Committees who were appointed on Monday the 23 th day of November foregoing The Amendments in the Bill touching Sir Anthony Mayney Knight c. were twice read and Ordered to be ingrossed M r Davies made Report of the meeting of the Committees in the Bill touching Painters and certifieth the Bill with some Amendments The Amendments in the Bill touching Shop-Books were twice read and with the Bill upon the question and division of the House Ordered to be ingrossed viz. with the Yea a hundred fifty four and with the No eighty eight These things being thus transcribed out of the Original Journal-Book of the House of Commons now sollows a Message delivered by
Clergy is but once read in the House but the preface and confirmation of it thrice p. 615. Bills of Subsidy how passed into Acts. p. 274. Three Subsidies not granted at once before 35 Eliz. and then with a Proviso that it should not be drawn into a Precedent yet the like number were granted the next Parliament viz. 39 40 Eliz. and four in the next after that viz. 43 Eliz. p. 547. 615 Succession to the Crown how many pretended to it in Queen Elizabeths time p. 104 Successor the Queen Petition'd to declare her Successor p. 105 Summon Vide Writ Sunday a Bill in 43 Eliz. that Fairs or Markets shall not be holden thereon p. 613 Supremacy a Bill for restoring it to the Imperial Crown of this Realm and repealing divers Statutes to the contrary 1 Eliz. p. 21. 23. Many proofs that in the darkest times of Popery the Kings of England did judge it to belong to them p. 24 T. TOnnage and Poundage a Bill for them I Eliz. p. 19 Trinity Hall in Cambridge a Bill for the Incorporation of it p. 22 Tryors of Petitions Vide Receivors U. VAcat what the word means when set before the entrance of the return of a Proxy p. 7 A Bill for Uniformity of Common Prayer c. passed 1 Eliz. though opposed by several p. 30 Universities A Bill for the Incorporation of them 13 Eliz. p. 149 Voices affirmative and negative when equal in number the negative carry it p. 605 Usher Vide Gentleman Usher W. LOrd de la Ware his Case p. 526. his place in Parliament is determined to be between the Lord Willoughby of Eresby and the Lord Berkeley p. 528 Warrant the form of one to the Lord Chancellor or Keeper to issue out Writs for Summoning a Parliament p. 2 Weymouth and Melcomb Regis a Bill for the uniting of them into one Corporation 13 Eliz. p. 149 Williams Tho. Speaker in the House of Commons 5 Eliz. his Speeches to the Queen at his confirmation p. 63 64. at the ending of the Session p. 74. he died before the Session of the same Parliament 8 9 Eliz. p. 95 Writ the form of the Writ whereby a Peer is Summoned to Parliament with its differences in regard of the Temporal and Spiritual Lords p. 2. The Writ for Proroguing the Parliament p. 3. 57. 77. 93. 419. An Alphabetical TABLE Directing to the principal matters contained in the JOURNAL OF THE House of COMMONS A. ABsence of a Member from the House through sickness or his being in service of Ambassage c. resolved to be no sufficient cause to remove him p. 244. unless the sickness in all likelihood be irrecoverable p. 430 the like resolved p. 307. but the contrary p. 281 282. especially if the absent Member desire that another may be chosen in his stead p. 429. Members absent a whole Session fired by the House the Knights 201. the Burgesses c. ICl a piece p. 309. Any Member may be absent if he be licensed by M r Speaker thereto 〈◊〉 Additions may be made by the Commens to the Additions of the Lords in any Bill p. 354. vide Bill Adjournment of the House by the Queen the manner of it p. 345. In what Cases the Commons are not adjourned by the Adjournment of the Lords p. 550 551. 621 622. Adultery a Bill against it rejected and why p. 641 Ale-Houses a Bill to suppress the multitude of them dashed and why p. 676 Aliens a Bill that they shall not sell Foreign Wares by Retail with many Speeches pro and contra p. 503 ----- 509 Alms given by the House at the end of one Session how much p. 135. vide Collection Alneager of Lancaster to seal the Cloaths made there a Bill to that purpose p. 91. Another that Alneagers seals shall be engraved by the Graver of the Mint p. 134. but dashed ibid. Amendments in Bills ought to be writ in paper not in parchment and without any indorsement p. 573 574 vide Bill Answers in writing to objections sent in writing from the Lords against any Bill that has passed the Commons are read in the House after they have been drawn by the Committees p. 583 c. The Lord Keeper gives Answer to such Messages as are sent from the Commons sitting in his place covered and the Messengers standing without the Bar. p. 585 Apparel vide the word in the Table to the Journal of the House of Lords Unprofitable Armour the being obliged to keep it adjudged a great grievance p. 552. The making of Armour is a Regality belonging to the Crown p. 671 Arrests vide Priviledge Art a Bill that whosoever invented any profitable Art or added thereto should have a Monopoly of the same for his life dashed p. 678. Articuli how many and what p. 670 B. BArrowists Vide Brownists Basset Richard living in the time of Hen. II. what Families descended from his female Coheirs p. 39 Robert Bell Esq chosen Speaker in the Parliament 14 Eliz. p. 205. continued Speaker in the Session 18 Eliz. but died before that in 23 Eliz. p. 277 Mr. Belgrave's Case who being a Member of the House of Commons had an Information exhibited against him in the Star-Chamber by the Earl of Huntington p. 666. 669. 672 673. 677 678. An Order entred as the Act of the House that he ought not to be molested in that manner p. 688. One Bill ought always to be read after the presentment and allowance of the Speaker before the House arise p. 44. 121. c. though it has been sometimes omitted through mistake p. 550. The manner of delivering a Bill from the Lords to the Commons p. 45. from the Commons to the Lords 585. The manner of passing a Bill in the House of Commons p. 45. Bills seldom spoken to till after the second Reading p. 165. c. Two Bills the one concerning Purveyors the other the Court of Exchequer having passed the Lower House the Queen forbids any proceeding in them by the Lords with an account of what the Commons did in that Case p. 440. 442. 444. Yet afterwards she gives leave to proceed p. 446. 448. 450. Two Bills for draining of Marish Grounds being almost finished the Queen forbids their being read any more in the House p. 594. No Bill to pass without being spoken to p. 491. Why when a Bill is put to the question and there is a division of the House the No's sit in their places and the I's go out p. 505. 573. If the I's exceed the No's then the No's are to go out also to fetch and bring in the Bill again which the I's had carried out p. 573 574. This ceremony sometimes omitted p. 574. 667. A Bill having past the Upper House and being sent down to the Commons is there allowed and expedited with Additions and Amendments when it is returned to the Lords they must either pass it with those Additions or reject it wholly p. 513. How Amendments Provisoes or Schedules added by
of the vulgar way of preparing Medicines and the Excellency of such as are made by Chymical Operations By Edward Bolnest Med. Lond. in octavo 11. Aurora Chymica or a rational way of preparing Animals Vegetables and Minerals for a Physical Use by which preparations they are made most efficacious safe and pleasant Medicines for the preservation of the life of man By Edward Bolnest Med. Reg. Ord. in octavo 12. The Chirurgions Store-house furnished with forty three Tables cut in Brass in which are all sorts of Instruments both Ancient and Modern useful to the performance of all Manual Operations with an exact description of every Instrument together with one hundred choice Observations of famous Cures performed with three Indexes 1. Of the Instruments 2. Of Cures performed 3. Of things remarkable Written in Latin by Johannes Scultetus a famous Physician and Chirurgeon of Ulme in Suevia and faithfully Englished by E. B. D r of Physick in octavo 13. Medicina Statica or Rules of Health in eight Sections of Aphorisms Originally Written by Sanctorius Chief Professor of Physick at Padua in twelves LAW 14. An Abridgment of divers Cases and Resolutions of the Common Law Alphabetically digested under several Titles By Henry Rolls Serjeant at Law published by the Lord Chief Baron Hales and approved by all the Judges in folio 15. The Reports of that famous Lawyer Henry Rolls Serjeant at Law sometime Chief Justice of the Kings Bench of divers Cases in the Law adjudged in the time of King James approved by all the Judges in folio 16. The Reports of Sir George Crook Knight in three Volumes in English allowed of by all the Judges The second Edition carefully corrected by the Original in folio 17. The History of Gavel-kind with the Etymology thereof containing a Vindication of the Laws of England together with a short History of Will the Conqueror By Silas Taylor in quarto 18. Action upon the Case of Slander or a Methodical Collection of thousands of Cases in the Law of what words are Actionable and what not By William Shepherd Esq in octava 19. An Exact Abridgment in English of the Cases reported by Sir Francis Moor Knight with the Resolution of the Points of the Law therein by the Judges By Will. Hughes in octavo 20. The Touchstone of Wills Testaments and Administrations being a Compendium of Cases and Resolutions touching the same carefully collected out of the Ecclesiastical Civil and Canon Laws as also out of the Customs Common Laws and Statutes of this Kingdom By G. Meriton in twelves HISTORY 21. The Voyages and Travels of the Duke of Holstein's Ambassadors into Moscovy Tartary and Persia begun in the year 1633. and finished in 1639. containing a Compleat History of those Countries whereunto are added the Travels of Mandelslo from Persia into the East-Indies begun in 1638. and finished in 1640. The whole Illustrated with divers accurate Maps and Figures Written originally by Adam Olearius Secretary to the Embassy Englished by J. Davies The second Edition in folio 22. The Works of the famous Nicholas Machiavel Citizen and Secretary of Florence containing the History of Florence the Prince the Original of the Guelf and Ghibilin the Life of Castruccio Castracani the Murther of Vitelli c. By Duke Valentino the State of France the State of Germany the Discourses on Titus Livius the Art of War the Marriage of Belphegor All from the true Original newly and faithfully translated into English in folio 23. I Ragguagli di Parnasso or Advertisements from Parnassus in two Centuries with the Politick Touchstone Written Originally in Italian by that famous Roman Trajano Bocalini Englished by the Earl of Menmouth in folio 24. The History of Barbadoes S t Christophers Mevis S t Vincents Antego Martinico Monserret and the rest of the Caribby Islands in all twenty eight in two Books containing the Natural and Moral History of those Islands Illustrated with divers pieces of Sculpture representing the most considerable Rarities therein described in folio 25. The History of the Affairs of Europe in this present Age but more particularly of the Republick of Venice Written in Italian by Battista Nani Cavalier and Procurator of S t Mark. Englished by Sir Robert Honywood K t in folio 26. The History of the Turkish Empire from the year 1623. to the year 1677. Containing the Reigns of the three last Emperours viz. Sultan Morat or Amurat IV. Sultan Ibrahim and Sultan Mahomet IV. his Son the XIII Emperour now Reigning By Paul Rycaut Esq late Consul of Smyrna in folio 27. The present State of the Ottoman Empire in three Books containing the Maxims of the Turkish Polity their Religion and Military Discipline Illustrated with divers Figures Written by Paul Rycant Esq late Secretary to the English Ambassador there now Consul of Smyrna The fourth Edition in octavo 28. The present State of the Greek and Armenian Churches AnnoChristi 1678. Written at the Command of His Majesty by Paul Rycaut Esq late Consul of Smyrna and Fellow of the Royal Society in octavo 29. The Memoirs of Philip deComines Lord of Argenton containing the History of Lewis XI and Charles VIII Kings of France with the most remarkable occurrences in their particular Reigns from the year 1464. to 1498. Revised and Corrected from divers Manuscripts and ancient Impressions by Denis Godfroy Counseller and Historiographer to the French King and from his Edition lately Printed at Paris newly translated into English in octavo 30. A Relation of Three Embassies from his Majesty Charles the Second to the Great Duke of Muscovy the King of Sweden and the King of Denmark performed by the Right Honourable the Earl of Carlisle in the year 1663 and 1664. Written by an Attendant on the Embassies in octavo 31. A Relation of the Siege of Candia from the first Expedition of the French Forces to its Surrender the 27 th of September 1669. Written in French by a Gentleman who was a Voluntier in that Service and faithfully Englished in octavo 32. The Present State of Egypt or a new Relation of a late Voyage into that Kingdom performed in the years 1672 and 1673. By F. Vansleb R. D. Wherein you have an exact and true account of many rare and wonderful particulars of that Ancient Kingdom Englished by M. D. B. D. in octavo 33. The History of the Government of Venice wherein the Policies Councils Magistrates and Laws of that State are fully related and the use of the Balloting-Box exactly described Written in the year 1675. by the Sieur Amelott de la Houscaie Secretary to the French Ambassador at Venice in octavo 34. An Historical and Geographical Description of the great Country and River of the Amazones in America with an exact Map thereof Translated out of French in octavo 35. The Novels of the famous Don Francisco de Quevedo Villegas Knight of the Order of S t James whereunto is added the Marriage of Belphegor an Italian Novel Translated from Machiavel faithfully Englished in